BILL NUMBER: AB 1816 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 15, 2016
PASSED THE ASSEMBLY AUGUST 22, 2016
AMENDED IN SENATE MAY 24, 2016
AMENDED IN ASSEMBLY APRIL 25, 2016
AMENDED IN ASSEMBLY MARCH 31, 2016
INTRODUCED BY Assembly Member Dahle
(Coauthor: Senator Gaines)
FEBRUARY 8, 2016
An act to add Section 21100.3 to the Water Code, relating to
irrigation districts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1816, 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 person to
be a director if the person is a landowner or a legal representative
of a landowner within the division of the district, resides within
the district or within one mile of any district boundary, and is a
registered voter in California. 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21100.3 is added to the Water Code, to read:
21100.3. (a) This section only applies to the Tulelake Irrigation
District. For the purpose of this section, the following terms have
the following meanings:
(1) "Corporation" means any legal entity, public or private,
properly organized under the laws of the state in which it was
created, that is allowed to own real property in California.
(2) "District" means the Tulelake Irrigation District, originally
formed as Tule Lake Irrigation District.
(3) "Legal representative" means the person authorized to act for
purposes of this section for or on behalf of a corporation, estate,
or trust holding title to land within the district.
(4) "Residency area" means land within the district or land within
one mile of any district boundary.
(b) Notwithstanding subdivision (a) of Section 21100, the board of
directors of the district may adopt a resolution that authorizes a
person to be a director if the person, at the time of his or her
nomination or appointment and through his or her entire term, meets
all of the following requirements:
(1) Is a registered voter in California.
(2) Resides within the residency area.
(3) Is an owner of real property within the division he or she
represents or the owner's legal representative.
(c) Notwithstanding the adoption of a resolution pursuant to
subdivision (b), the registered voters in the district may request,
in writing, that all of the directors who are appointed or elected
subsequent to the receipt of the request be required to meet all of
the requirements of Section 21100. The request shall be submitted to
the board of directors.
(d) If the board of directors determines that at least 25 percent
of the registered voters in the district have signed the request
submitted pursuant to subdivision (c), all of the directors who are
appointed or elected subsequent to the receipt of the request shall
meet all of the requirements of Section 21100.
(e) Before a legal representative may declare his or her candidacy
or be appointed to serve as a director under this section, he or she
shall present to the district a copy of his or her authority that
shall be kept and filed with the returns of the election or the
certificate of appointment.