SECTIONS 16401-16409 - California Statutes

PUBLIC UTILITIES CODE

SECTION 16401-16409

16401. A district has perpetual succession.

16402. Except as otherwise provided, a district may sue and be sued
in all actions and proceedings, in all courts and tribunals of
competent jurisdiction.

16402.5. (a) Except as provided in subdivision (b), any judicial
action or proceeding against a district that provides electric
utility service, to attack, review, set aside, void, or annul an
ordinance, resolution, or motion fixing or changing a rate or charge
for an electric commodity or an electric service furnished by a
district and adopted on or after July 1, 2000, shall be commenced
within 120 days of the effective date of that ordinance, resolution,
or motion.
(b) This section does not apply to any judicial action or
proceeding filed pursuant to Chapter 13.7 (commencing with Section
54999) of Part 1 of Division 2 of Title 5 of the Government Code to
protest or challenge a rate or charge or to seek the refund of a
capital facilities fee if the notice and disclosure requirements of
Section 54999.35 of the Government Code have not been followed.

16403. A district may adopt a seal and alter it at pleasure.

16404. A district may exercise the right of eminent domain to take
any property necessary or convenient to the exercise of the powers
granted in this division.

16407. A district has the same powers with reference to improvement
districts as are conferred upon irrigation districts by Division 11,
Part 7 of the Water Code and as are conferred upon municipal water
districts by Part 7 (commencing with Section 71851) and Part 8
(commencing with Section 72000) of Division 20 of the Water Code. As
used in this section, all references to districts in the adopted acts
shall refer to public utility districts and all words relating to
irrigation or municipal water district officers and matters refer to
the corresponding officers of a public utility district and matters
under this division.

16408. Improvement districts also may be formed of land proposed to
be annexed to the district, contingent upon the annexation being
completed. The petition for annexation may request that the land to
be annexed shall be included in and form a part of any improvement
district existing within the district or shall constitute a new
improvement district within the district when annexed or the board of
directors of the district may determine, as one of the terms and
conditions for the annexation, that the land shall be included in and
form a part of any improvement district then existing within the
district or shall constitute a new improvement district when annexed.

16409. For the purpose of obtaining and supplying water for
domestic, irrigation, and fire protection purposes, a district may
cooperate and contract with the United States and borrow or procure
money from the United States in the same manner and under the same
procedures as irrigation districts under Division 11, Part 6, Chapter
2 of the Water Code. Any district, in order to make payments to the
United States under any contract between the district and the United
States, may, in lieu, in whole or in part of levying assessments, fix
and collect charges for the service of water by the district to any
land. A district may charge higher rates for service of water to any
landowner in the amount required to pay any interest costs charged to
the district on any United States Bureau of Reclamation loan by
reason of land held by such owner in excess of 160 acres.