BILL NUMBER: AB 1816	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2016

INTRODUCED BY   Assembly Member Dahle

                        FEBRUARY 8, 2016

   An act to  amend Sections 22527, 22528, and 22529 of
  add Section 20527.14 to  the Water Code, relating
to irrigation districts.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1816, as amended, Dahle.  Irrigation districts: lease
of works.   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, 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.  
   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.  
   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.  
   The 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.  
   This 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.  
   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.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 20527.14 is added to the 
 Water Code   , to read:  
   20527.14.  (a) This section only applies to the Tulelake
Irrigation District. For the purposes 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 a person authorized to act 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 Section 20527 or any other law, every owner of
real property assessed by the district, but no others, may vote at
district elections for director. An owner need not be a resident of
the division or district in order to qualify as a voter. The number
of votes a voter shall be entitled to cast shall be based upon the
total number of assessed acres owned by the voter in the division as
follows:
   (1) For 50 or fewer assessed acres, one vote.
   (2) For more than 50, but not more than 250 assessed acres, two
votes.
   (3) For more than 250 assessed acres, three votes.
   (c) The last Tulelake Irrigation District assessment roll is
conclusive evidence of ownership and the number of assessed acres
owned by the voter in the division.
   (d) (1) If land is owned in joint tenancy, tenancy in common, or
any other multiple ownership, the owners of the land shall designate,
in writing as specified in paragraph (2), which one of the owners is
deemed the owner of the land for purposes of qualifying as a voter.
   (2) The designation shall be made upon a form provided by the
district and shall be filed with the district at least 40 days prior
to the election and shall remain in effect until amended or revoked.
No amendment or revocation may occur within the period of 39 days
prior to an election.
   (e) The legal representative of a corporation, estate, or trust
owning real property may vote on behalf of the corporation, estate,
or trust, including when the entity is a designee pursuant to
subdivision (d). Before a legal representative votes at a district
election, 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.
   (f) A voter or legal representative of a voter may vote at a
district election either in person or by a person appointed as his or
her proxy. The appointment of a proxy shall be as provided in
Section 35005.
   (g) Notwithstanding Section 21100 or any other law, each director
of the district shall, at the time of his or her nomination or
appointment and through his or her entire term, meet all of the
following requirements:
   (1) Be a registered voter in California.
   (2) Reside within the residency area.
   (3) Be a landowner within the division he or she represents or a
legal representative of a landowner within the division he or she
represents. 
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    Section 22527 of the Water Code is
amended to read:
   22527.  When a board contemplates the leasing of the works of the
district, it shall give notice thereof at least three weeks prior to
the making of the lease, by publication at least once in a newspaper
published in the principal county or by posting the notice on the
district's Internet Web site.  
  SEC. 2.    Section 22528 of the Water Code is
amended to read:
   22528.  The lease shall be made to the highest responsive bidder,
but any and all bids may be rejected.  
  SEC. 3.    Section 22529 of the Water Code is
amended to read:
   22529.  The lease shall not interfere with any prior rights
established by law or contract.  
  SEC. 4.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.