Amended in Assembly April 25, 2016

Amended in Assembly March 31, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1816


Introduced by Assembly Member Dahle

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(Coauthor: Senator Gaines)

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February 8, 2016


An act to add Section begin delete20527.14end deletebegin insert 21100.3end insert to the Water Code, relating to irrigation districts.

LEGISLATIVE COUNSEL’S DIGEST

AB 1816, as amended, Dahle. Tulelake Irrigation District.

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.

This bill wouldbegin delete authorize, forend deletebegin insert authorize the board of directors ofend insert the Tulelake Irrigationbegin delete 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 deletebegin insert District to adopt a resolution that authorizes a person who is a landowner within the district and who resides within the district or within one mile of any district boundary to be a director of any division of the district. The bill would authorize the registered voters in the district to request and require that a director of the district be a voter, landowner, and resident in the division of the district that the director represents, as prescribed.end insert

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The 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.

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This 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.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

The people of the State of California do enact as follows:

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begin insertSECTION 1.end insert  

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begin insertSection 21100.3 is added to the end insertbegin insertWater Codeend insertbegin insert, to
2read:end insert

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3

begin insert21100.3.end insert  

(a) This section only applies to the Tulelake Irrigation
4District. For the purpose of this section, the following terms have
5the following meanings:

6
(1) “District” means the Tulelake Irrigation District, originally
7formed as Tule Lake Irrigation District.

8
(2) “Residency area” means land within the district or land
9within one mile of any district boundary.

10
(b) Notwithstanding subdivision (a) of Section 21100, the board
11of directors of the district may adopt a resolution that authorizes
12a person who meets the landownership requirement of Section
1321100 and resides within the residency area to be a director of
14any division of the district.

15
(c) Notwithstanding the adoption of a resolution pursuant to
16subdivision (b), the registered voters in the district may request,
17in writing, that all of the directors who are appointed or elected
18subsequent to the receipt of the request be required to meet all of
19the requirements of Section 21100. The request shall be submitted
20to the board of directors.

21
(d) If the board of directors determine that at least 25 percent
22of the registered voters in the district have signed the request
23submitted pursuant to subdivision (c), all of the directors who are
P3    1appointed or elected subsequent to the receipt of the request shall
2meet all of the requirements of Section 21100.

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SECTION 1.  

Section 20527.14 is added to the Water Code, to
4read:

5

20527.14.  

(a) This section only applies to the Tulelake
6Irrigation District. For the purposes of this section, the following
7terms have the following meanings:

8(1) “Corporation” means any legal entity, public or private,
9properly organized under the laws of the state in which it was
10created, that is allowed to own real property in California.

11(2) “District” means the Tulelake Irrigation District, originally
12formed as Tule Lake Irrigation District.

13(3) “Legal representative” means a person authorized to act for
14or on behalf of a corporation, estate, or trust holding title to land
15within the district.

16(4) “Residency area” means land within the district or land
17within one mile of any district boundary.

18(b) Notwithstanding Section 20527 or any other law, every
19owner of real property assessed by the district, but no others, may
20vote at district elections for director. An owner need not be a
21resident of the division or district in order to qualify as a voter.
22The number of votes a voter shall be entitled to cast shall be based
23upon the total number of assessed acres owned by the voter in the
24division as follows:

25(1) For 50 or fewer assessed acres, one vote.

26(2) For more than 50, but not more than 250 assessed acres, two
27votes.

28(3) For more than 250 assessed acres, three votes.

29(c) The last Tulelake Irrigation District assessment roll is
30conclusive evidence of ownership and the number of assessed
31acres owned by the voter in the division.

32(d) (1) If land is owned in joint tenancy, tenancy in common,
33or any other multiple ownership, the owners of the land shall
34designate, in writing as specified in paragraph (2), which one of
35the owners is deemed the owner of the land for purposes of
36qualifying as a voter.

37(2) The designation shall be made upon a form provided by the
38district and shall be filed with the district at least 40 days prior to
39the election and shall remain in effect until amended or revoked.
P4    1No amendment or revocation may occur within the period of 39
2days prior to an election.

3(e) The legal representative of a corporation, estate, or trust
4owning real property may vote on behalf of the corporation, estate,
5or trust, including when the entity is a designee pursuant to
6subdivision (d). Before a legal representative votes at a district
7election, he or she shall present to the district a copy of his or her
8authority that shall be kept and filed with the returns of the election.

9(f) A voter or legal representative of a voter may vote at a district
10election either in person or by a person appointed as his or her
11proxy. The appointment of a proxy shall be as provided in Section
1235005.

13(g) Notwithstanding Section 21100 or any other law, each
14director of the district shall, at the time of his or her nomination
15or appointment and through his or her entire term, meet all of the
16following requirements:

17(1) Be a registered voter in California.

18(2) Reside within the residency area.

19(3) Be a landowner within the division he or she represents or
20a legal representative of a landowner within the division he or she
21represents.

22

SEC. 2.  

If the Commission on State Mandates determines that
23this act contains costs mandated by the state, reimbursement to
24local agencies and school districts for those costs shall be made
25pursuant to Part 7 (commencing with Section 17500) of Division
264 of Title 2 of the Government Code.

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