SECTIONS 20840-20850 - California Statutes

WATER CODE

SECTION 20840-20850

20840. The board of supervisors not later than its first regular
meeting after the occurrence of any one of the following shall set a
time for the final hearing of the formation petition:
(a) Receipt of a favorable report from the department.
(b) Modification of the project by the board to conform to the
recommendations made by the department.
(c) Receipt of the requisite petition after an adverse report by
the department.
(d) Expiration of the time allowed for the making of a report by
the department when the report has not been received within the time
allowed.

20841. The time set for the final hearing shall not be less than
one week from the meeting at which the time is set.

20842. Notice of the time of the final hearing shall be given
either by:
(a) Registered mail to the person designated for that purpose in
the petition.
(b) Publication for at least three days in one daily newspaper
published in the principal county.

20843. Failure to give notice of the final hearing shall not affect
the validity of subsequent proceedings.

20844. On a final hearing the board of supervisors may adjourn from
time to time, but at no time for a longer period than three days,
until a determination of the matter is reached.

20845. At the final hearing the board of supervisors shall
determine the land to be formed into the proposed district:
(a) Land shall be excluded which will not in the judgment of the
board of supervisors be benefited by the project.
(b) No land included by the petition in the proposed district or
in the modified project as the case may be which is susceptible of
irrigation from any of the proposed, or if modified, the modified
sources shall be excluded unless the owner consents to the exclusion.
(c) Riparian land and land already subject to irrigation may be
included if in the judgment of the board of supervisors, it will
either be benefited or the rights to the water used on it should be
acquired by the proposed district.
(d) Land not included in the original formation petition,
susceptible of irrigation from any of the proposed sources, may in
the discretion of the board of supervisors be included on application
by its owner.

20846. At the final hearing no evidence shall be heard against the
genuineness or sufficiency of the petition or notice unless it is
shown to the satisfaction of the board of supervisors that new
evidence which if uncontradicted would disprove the genuineness or
sufficiency of the petition or notice has been discovered since the
board adopted the preliminary formation resolution. In case any new
evidence is admitted, full opportunity shall be given for the
introduction of evidence in rebuttal.

20847. At the conclusion of the final hearing on the petition the
board of supervisors shall make an order containing all of the
following:
(a) Reaffirmance, when it is consistent with its conclusions, of
the sufficiency of the petition and of the notice of the preliminary
hearing.
(b) Recital that a report on the proposed district has been made
by the department if it was in fact made, and if that be so, that it
is on file in the records of the board.
(c) Description of the land as determined by the board.
(d) Name for the proposed district.

20848. The order on final hearing shall also contain all of the
following:
(a) Division of the district into the following number of
divisions, which shall be as nearly equal in size as may be
practicable:
(1) Five divisions unless otherwise requested, numbered from one
to five respectively.
(2) Three divisions when requested in the petition, numbered from
one to three respectively.
(b) Statement, when requested in the petition, that the directors
of the proposed district are to be elected at large.
(c) Statement, when and as requested in the petition, of the
consolidated district offices.

20849. The order on final hearing shall be entered in full upon the
minutes of the board of supervisors.

20850. A finding of the board of supervisors in favor of the
genuineness and sufficiency of the petition and notice shall be
conclusive against all persons except the State upon suit by the
Attorney General commenced within one year after the order of the
board of supervisors declaring the district formed.