AB 1816,
as amended, Dahle. begin deleteIrrigation districts: lease of works. end deletebegin insertTulelake Irrigation District.end insert
The Irrigation District Law provides for the formation of irrigation districts with prescribed powers. The district law generally requires a director on the board of an irrigation district to be a voter, landowner, and resident in the division of the district that the director represents.
end insertbegin insertThis bill would authorize, for the Tulelake Irrigation District, every owner of real property assessed by the district, but no others, to vote at district elections for director, as prescribed. The bill would require that a director of the Tulelake Irrigation District, at the time of his or her nomination or appointment and through his or her entire term, be a registered voter in California, reside within the district or within one mile of any district boundary, and be a landowner, or a specified legal representative of a landowner, within the division he or she represents. By imposing requirements on the district in connection with district elections, this bill would impose a state-mandated local program.
end insertbegin insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
end insertThe Irrigation District Law provides for the formation of irrigation districts with prescribed powers, including, among other powers, the authorization to lease part or all of the irrigation district’s works whenever the leasing will benefit the irrigation district. Existing law requires the board of an irrigation district to give notice at least 3 weeks prior to making a lease by publication at least once in a newspaper published in the principal county. Existing law requires a lease to be made to the highest bidder, except as specified, and prohibits a lease from interfering with any prior right established by law.
end deleteThis bill would authorize the board of an irrigation district to alternatively post notice on its Internet Web site. The bill would specify that a lease be made to the highest bidder that is responsive and would additionally prohibit the lease from interfering with any prior right established by contract. By imposing requirements on irrigation districts, the bill would impose a state-mandated local program.
end deleteThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end deleteThis bill would provide that no reimbursement is required by this act for a specified reason.
end deleteVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
begin insertSection 20527.14 is added to the end insertbegin insertWater Codeend insertbegin insert, to
2read:end insert
(a) This section only applies to the Tulelake
4Irrigation District. For the purposes of this section, the following
5terms have the following meanings:
6
(1) “Corporation” means any legal entity, public or private,
7properly organized under the laws of the state in which it was
8created, that is allowed to own real property in California.
9
(2) “District” means the Tulelake Irrigation District, originally
10formed as Tule Lake Irrigation District.
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(3) “Legal representative” means a person authorized to act
2for or on behalf of a corporation, estate, or trust holding title to
3land within the district.
4
(4) “Residency area” means land within the district or land
5within one mile of any district boundary.
6
(b) Notwithstanding Section 20527 or any other law, every
7owner of real property assessed by the district, but no others, may
8vote at district elections for director. An owner need not be a
9resident of the division or district in order to qualify as a voter.
10The number of votes a voter shall be entitled to cast shall be based
11upon the total number of assessed acres owned by the voter in the
12division as follows:
13
(1) For 50 or fewer assessed acres, one vote.
14
(2) For more than 50, but not more than 250 assessed acres,
15two votes.
16
(3) For more than 250 assessed acres, three votes.
17
(c) The last Tulelake Irrigation District assessment roll is
18conclusive evidence of ownership and the number of assessed acres
19owned by the voter in the division.
20
(d) (1) If land is owned in joint tenancy, tenancy in common,
21or any other multiple ownership, the owners of the land shall
22designate, in writing as specified in paragraph (2), which one of
23the owners is deemed the owner of the land for purposes of
24qualifying as a voter.
25
(2) The designation shall be made upon a form provided by the
26district and shall be filed with the district at least 40 days prior to
27the election and shall remain in effect until amended or revoked.
28No amendment or revocation may occur within the period of 39
29days prior to an election.
30
(e) The legal
representative of a corporation, estate, or trust
31owning real property may vote on behalf of the corporation, estate,
32or trust, including when the entity is a designee pursuant to
33subdivision (d). Before a legal representative votes at a district
34election, he or she shall present to the district a copy of his or her
35authority that shall be kept and filed with the returns of the
36election.
37
(f) A voter or legal representative of a voter may vote at a
38district election either in person or by a person appointed as his
39or her proxy. The appointment of a proxy shall be as provided in
40Section 35005.
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(g) Notwithstanding Section 21100 or any other law, each
2director of the district shall, at the time of his or her nomination
3or appointment and through his or her entire term, meet all of the
4following requirements:
5
(1) Be a
registered voter in California.
6
(2) Reside within the residency area.
7
(3) Be a landowner within the division he or she represents or
8a legal representative of a landowner within the division he or she
9represents.
If the Commission on State Mandates determines that
11this act contains costs mandated by the state, reimbursement to
12local agencies and school districts for those costs shall be made
13pursuant to Part 7 (commencing with Section 17500) of Division
144 of Title 2 of the Government Code.
Section 22527 of the Water Code is amended to
16read:
When a board contemplates the leasing of the works
18of the district, it shall give notice thereof at least three weeks prior
19to the making of the lease, by publication at least once in a
20newspaper published in the principal county or by posting the
21notice
on the district’s Internet Web site.
Section 22528 of the Water Code is amended to read:
The lease shall be made to the highest responsive bidder,
24but any and all bids may be rejected.
Section 22529 of the Water Code is amended to read:
The lease shall not interfere with any prior rights
27established by law or contract.
No reimbursement is required by this act pursuant to
29Section 6 of Article XIII B of the California Constitution because
30a local agency or school district has the authority to levy service
31charges, fees, or assessments sufficient to pay for the program or
32level of service mandated by this act, within the meaning of Section
3317556 of the Government Code.
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