SECTIONS 10700-10717 - California Statutes

WATER CODE

SECTION 10700-10717

10700. This part applies only to the area within the existing
boundaries of the Mendocino City Community Services District.

10701. (a) As used in this part, "local agency" means any city,
county, district, agency, or other political subdivision of the state
for the local performance of governmental or proprietary functions
within limited boundaries.
(b) As used in this part, "groundwater" and "groundwater resources"
do not include those subsurface waters incidentally produced in
connection with or as a result of natural resource extraction
activities when the disposal of those subsurface waters is regulated
by state or federal law.

10702. Any local agency which is authorized by law to provide water
services may, by ordinance, or by resolution if the local agency is
not authorized to act by ordinance, establish programs for the
management of groundwater resources.

10703. Prior to the adoption of a groundwater management program,
the governing board of the local agency shall hold a public hearing,
after publication of notice pursuant to Section 6066 of the
Government Code, on the proposed groundwater management program. At
the hearing, the board may alter the program or require further study
on the program and continue the hearing. At the conclusion of the
hearing, the board may adopt a resolution of intention to adopt and
implement the program.

10704. After the conclusion of the hearing, and if the governing
board adopts a resolution of intention, copies of the groundwater
management program shall be published in a newspaper of general
circulation. Upon written request, any interested person shall be
provided with a copy of the program.

10705. After the adoption of a resolution of intention, the
governing board shall hold a second hearing and consider protests to
the implementation of the program. Any interested person may appear
to be heard concerning any matter set forth in the resolution or
matters material thereto. Any time prior to the conclusion of the
hearing, any eligible registered voter of the local agency may file a
written protest or withdraw a protest previously filed.

10706. A majority protest shall be determined to exist if the
governing board finds that the protests filed and not withdrawn prior
to the conclusion of the second hearing represent more than 50
percent of the eligible registered voters residing within the
boundaries of the local agency.
If the governing board finds that a majority protest exists, the
groundwater management program shall be abandoned and no new program
shall be considered by the board for a period of one year following
the date of the second hearing. If a majority protest has not been
filed, the board, within 35 days after the conclusion of the second
hearing, may adopt an ordinance or resolution to implement the
program.

10707. A local agency authorized to establish programs for the
management of groundwater resources pursuant to this part may for
that purpose enter into a joint powers agreement pursuant to Chapter
5 (commencing with Section 6500) of Division 7 of Title 1 of the
Government Code.

10708. A local agency which establishes a program for the
management of groundwater resources pursuant to this part may fix and
collect rates for the extraction of groundwater to pay expenses
incurred by the local agency for purposes of groundwater management.

10709. For purposes of groundwater management, a local agency
authorized to establish programs for the management of groundwater
resources pursuant to this part may, in addition to the powers set
forth in this act, exercise any of the powers of a water
replenishment district under Part 4 (commencing with Section 60220)
of Division 18 and may levy a water replenishment assessment in
accordance with Part 6 (commencing with Section 60300) of Division
18.

10710. Before a local agency may levy a water replenishment
assessment as authorized in Section 10709 or may otherwise fix and
collect rates for the extraction of groundwater pursuant to this
part, the local agency shall hold an election on the proposition of
whether or not the local agency shall be authorized to levy a water
replenishment assessment or to fix and collect rates for the
extraction of groundwater, and a majority of the votes cast at the
election shall be in favor of the proposition. The election shall be
conducted in the manner prescribed by the principal act of the local
agency.

10711. No local agency shall exercise the powers authorized by this
part within the boundaries of another local agency authorized by law
to provide water service to any or all of the lands within its
boundaries, without the prior agreement of the governing body of that
other local agency.

10712. No local agency shall exercise the powers authorized by this
part within the boundaries of another local agency providing water
service to any or all of the lands within its boundaries, without the
prior agreement of the governing body of that other local agency.

10713. If a local agency annexes land subject to a groundwater
management program of another local agency, the local agency annexing
the land shall continue to comply with the groundwater management
program for the annexed property.

10714. This part neither preempts, negates, affects, nor infers the
existence of any powers of a local agency in other groundwater
basins of the state to establish programs for the management of
groundwater resources.

10715. This part is in addition to, and not a limitation on, any
powers of a local agency otherwise granted by law.

10716. This part does not exempt any local agency formed under any
act requiring the approval of its leases, contracts, or issuance of
securities by the Treasurer from obtaining the report, investigation,
and approval of the Treasurer as required by that act or by the
District Securities Investigation Law of 1965.

10717. A local agency shall no longer be authorized to exercise the
powers conferred by this part upon the completion and implementation
of a municipal central water system supplying water to the
inhabitants within the boundaries of the local agency.