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 would authorize the board of directors of the Tulelake Irrigation District to adopt a resolution that authorizes a personbegin delete whoend deletebegin insert to be a director if the personend insert is a landownerbegin insert or a legal representative of a landownerend insert withinbegin insert
the division ofend insert thebegin delete district and whoend deletebegin insert district,end insert resides within the district or within one mile of any districtbegin delete boundary to be a director of any division of the district.end deletebegin insert boundary, and is a registered voter in California.end insert 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.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 21100.3 is added to the Water Code, to
2read:
(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) “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.
6 9(1)
end delete
10begin insert(2)end insert “District” means the Tulelake Irrigation District, originally
11formed as Tule Lake Irrigation District.
12
(3) “Legal representative” means the person authorized to act
13for purposes of this section for or on behalf of a corporation, estate,
14or trust holding title to land within the district.
8 15(2)
end delete
16begin insert(4)end insert “Residency area” means land within the district or land
17within one mile of any district boundary.
18(b) Notwithstanding subdivision (a) of Section 21100, the board
19of directors of the district may adopt a resolution that authorizes
20a personbegin delete who meets the landownership requirement of Section to be a director
2121100 and resides within the residency areaend deletebegin delete of any
22
division of the district.end delete
23nomination or appointment and through his or her entire term,
24meets all of the following requirements:end insert
25
(1) Is a registered voter in California.
26
(2) Resides within the residency area.
27
(3) Is an owner of real property within the division he or she
28represents or the owner’s legal representative.
29(c) Notwithstanding the adoption of a resolution pursuant to
30subdivision (b), the registered voters in the district may request,
31in writing, that all of the directors who are appointed or elected
32subsequent to the receipt of the request be required to meet all of
33the requirements of Section 21100. The request shall be submitted
34to the board of directors.
P3 1(d) If the board of directorsbegin delete determineend deletebegin insert determinesend insert that at least
225 percent of the registered voters in the district have signed the
3request submitted pursuant to subdivision (c), all of the directors
4who are appointed or elected subsequent to the receipt of the
5
request shall meet all of the requirements of Section 21100.
6
(e) Before a legal representative may declare his or her
7candidacy or be appointed to serve as a director under this section,
8he or she shall present to the district a copy of his or her authority
9that shall be kept and filed with the returns of the election or the
10certificate of appointment.
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