SECTIONS 12000-12017 - California Statutes

WATER CODE

SECTION 12000-12017

12000. As used in this part, "person" means any person, firm,
association, organization, partnership, business trust, corporation,
or company, but not including any public corporation or other public
entity.

12001. As used in this part, "United States" means the United
States of America, and in relation to any particular matter includes
the officers, agents, employees, agencies, or instrumentalities
authorized to act in relation thereto.

12002. If any provision of this part, or the application thereof to
any person or circumstances, is held invalid, the remainder of the
part, or the application of said provision to other persons or
circumstances, shall not be affected thereby.

12003. Any person may co-operate and contract with the United
States, under the Federal Reclamation Act of June 17, 1902, and all
acts amendatory thereof or supplementary thereto or under any other
act of Congress heretofore or hereafter enacted permitting
co-operation or contracts for any or all of the purposes set forth in
Section 12004, whether under said federal reclamation laws, or
otherwise.

12004. The co-operation or contract may be for any or all of the
following purposes:
(a) Construction, acquisition, purchase, extension, operation or
maintenance of works and facilities for irrigation, storage,
drainage, flood control and generation and distribution of electric
energy or either or any of these, or the use or enjoyment of any such
works or facilities, or any rights or interests therein.
(b) A water supply.
(c) Assumption or creation, as principal or guarantor or
otherwise, of indebtedness to the United States.
(d) To receive or borrow money from the United States and provide
for the repayment thereof, for the purpose of constructing projects,
distribution systems or other works for the storage, regulation,
control, development and distribution of water for the irrigation of
land or for any other lawful use, or for the use, control and
distribution of drainage water, or for flood control purposes, or for
the generation or distribution of electric energy.

12005. Any person has all powers, rights, and privileges necessary
to enable such person to enter into any contract referred to in this
part, and to carry out and perform the terms of any contract so made
by such person, and may agree to impose and collect, and may impose
and collect, any and all lawful assessments and charges required to
carry out and perform any contract so made by such person.

12006. Any person, for the purpose of performing the obligations of
any contract entered into by such person under the provisions of
this part, or for the purpose of obtaining any of the rights,
benefits or privileges or assuming and performing any of the
obligations or duties created or contemplated by the contracts
referred to in this part, and either through the agency of or in
co-operation with any other person or public entity or agency, may
contract with any other person, or the United States, or the State of
California, or any public corporation or agency, in relation
thereto, including, but not by way of limitation, the financing
thereof, or any other matter of performance thereof, or any other
matter incident thereto.

12007. Any person, by an action brought pursuant to the provisions
of this part, may submit any contract or proposed contract entered
into, or proposed to be entered into, by such person under the
provisions of this part to the superior court of either the county in
which such person resides or in which such person has its principal
office for the transaction of business or in which such contract was
made or is to be performed in whole or part, to determine the
validity of such contract and each and all of its terms and
provisions, and the authority of such person to make and perform the
contract, and the authority for and validity of any purchase,
acquisition, sale or conveyance under the contract; provided, that if
the contract provides for a water supply such decree shall not be
construed to be an adjudication that the United States owns, or does
not own, such water supply.

12008. The validation proceedings shall be an action in rem and
shall be brought pursuant to the procedure provided by Sections 861,
862, 865, 866, 867, 868, and 870 of the Code of Civil Procedure.

12017. The provisions of this part are cumulative and are not
intended to and they shall not be construed as repealing, amending,
or otherwise affecting any other provisions of law.