SECTIONS 21100-21104 - California Statutes

WATER CODE

SECTION 21100-21104

21100. (a) Each director, except as otherwise provided in this
division, shall be a voter and a landowner in the district and a
resident of the division that he or she represents at the time of his
or her nomination or appointment and through his or her entire term,
except in the case of the director elected at a formation election.
A director elected at a formation election shall be a resident,
landowner, and voter in the proposed district at the time of his or
her nomination and a resident of the division that he or she
represents during his or her entire term.
(b) In any district having no more than 15 landowners who are
voters in the district, a person need not be a voter but shall be
qualified to be a director of the district if he or she is a
landowner of the district at the time of his or her nomination or
appointment and during his or her entire term.
(c) In a district providing retail electricity for residents of
the district, each director, except as otherwise provided in this
division, shall be a voter of the district and a resident of the
division that he or she represents at the time of his or her
nomination or appointment and during his or her entire term, except
in the case of a director elected at a formation election. A director
elected at a formation election shall be a resident in the proposed
district at the time of his or her nomination and a resident of the
division that he or she represents during his or her entire term.
(d) (1) Notwithstanding subdivision (a) of Section 21100, except
as provided in paragraph (2), for the purpose of meeting the
requirements of that subdivision, a person need not be a landowner
within the district to be qualified to be a director of the district
if either of the following applies:
(A) The person serves or seeks to serve on the board of directors
of a district without divisions and the district is required to
submit an urban water management plan pursuant to the Urban Water
Management Planning Act (Part 2.6 (commencing with Section 10610) of
Division 6).
(B) The person serves or seeks to serve on the board of directors
of a district with divisions, the district is required to submit an
urban water management plan pursuant to the Urban Water Management
Planning Act (Part 2.6 (commencing with Section 10610) of Division
6), and the district, within the division that the person represents
or seeks to represent, supplies water as a public water system
subject to Chapter 4 (commencing with Section 116270) of Part 12 of
Division 104 of the Health and Safety Code.
(2) A director appointed or elected before January 1, 2007, shall
be subject to the qualification requirements imposed by subdivision
(a) until the expiration of his or her term.

21100.2. (a) This section applies to the Pixley Irrigation
District.
(b) Notwithstanding Section 21100, the board of directors of the
district may adopt a resolution that authorizes a person who meets
only the landownership requirement of Section 21100 to be a director
of the district.
(c) Notwithstanding the adoption of a resolution pursuant to
subdivision (b), the registered voters in the district may request,
in writing, that all of the directors who are appointed or elected
subsequent to the receipt of the request be required to meet all of
the requirements of Section 21100. The request shall be submitted to
the directors.
(d) If the directors determine that at least 25 percent of the
registered voters in the district have signed the request submitted
pursuant to subdivision (c), all of the directors who are appointed
or elected subsequent to the receipt of the request shall meet all of
the requirements of Section 21100.

21100.4. (a) This section applies to the Hills Valley Irrigation
District.
(b) Notwithstanding Section 21100, the board of directors of the
district may adopt a resolution that authorizes a person who meets
only the landownership requirement of Section 21100 to be a director
of the district.
(c) Notwithstanding the adoption of a resolution pursuant to
subdivision (b), the registered voters in the district may request,
in writing, that all of the directors who are appointed or elected
subsequent to the receipt of the request be required to meet all of
the requirements of Section 21100. The request shall be submitted to
the directors.
(d) If the directors determine that at least 25 percent of the
registered voters in the district have signed the request submitted
pursuant to subdivision (c), all of the directors who are appointed
or elected subsequent to the receipt of the request shall meet all of
the requirements of Section 21100.

21100.5. (a) This section applies to the Stratford Irrigation
District.
(b) Notwithstanding Section 21100, the board of directors of the
district may adopt a resolution that authorizes a person who meets
the landownership requirement of Section 21100 and resides in Kings
County to be a director of the district.
(c) Notwithstanding the adoption of a resolution pursuant to
subdivision (b), the registered voters in the district may request,
in writing, that all of the directors who are appointed or elected
subsequent to the receipt of the request be required to meet all of
the requirements of Section 21100. The request shall be submitted to
the directors.
(d) If the directors determine that at least 25 percent of the
registered voters in the district have signed the request submitted
pursuant to subdivision (c), all of the directors who are appointed
or elected subsequent to the receipt of the request shall meet all of
the requirements of Section 21100.

21100.6. (a) This section applies to the Byron-Bethany Irrigation
District.
(b) (1) Notwithstanding Section 21100, the board of directors of
the district may adopt a resolution that authorizes a person who
meets the landownership requirement of Section 21100 and resides in
the County of Alameda, Contra Costa, or San Joaquin to be a director
of the district.
(2) Notwithstanding the adoption of a resolution pursuant to
paragraph (1), the registered voters in the district may request, in
writing, that all of the directors who are elected subsequent to the
receipt of the request be required to meet all of the requirements of
Section 21100. The request shall be submitted to the directors.
(3) If the directors determine that at least 25 percent of the
registered voters in the district have signed the request submitted
pursuant to paragraph (2), all of the directors who are elected
subsequent to the receipt of the request shall meet all of the
requirements of Section 21100.
(c) Notwithstanding Sections 21552, 21553, and 21554, the board of
directors of the district may adopt a resolution that requires the
election of directors by division. The proposed division boundaries
shall be made available upon request and at the public hearing
described in subdivision (d). Division boundaries shall be
established pursuant to Article 3 (commencing with Section 21605) of
Chapter 1 of Part 4.
(d) (1) Before considering the adoption of a resolution pursuant
to subdivision (b) or (c), the board of directors shall provide at
least 45 days' notice of the public hearing at which the board
proposes to act on the resolution. The notice of the public hearing
shall be given by placing a display advertisement of at least
one-eighth page in a newspaper of general circulation for three weeks
pursuant to Section 6063 of the Government Code and by first-class
mailing to each voter, postage prepaid, in the United States mail and
shall be deemed given when so deposited. The public hearing shall be
held at least 45 days after the mailing pursuant to this
subdivision. The envelope or the cover of the mailing shall include
the name of the local agency and the return address of the sender.
This mailed notice shall be in at least 10-point type and be given to
all registered voters in the district.
(2) The notice required by paragraph (1) shall include, but not be
limited to, all of the following:
(A) A statement that the board of directors will consider a
resolution authorizing a person who only meets the landownership
requirement of Section 21100 to be a director of the district, or a
statement that the board of directors will consider a resolution that
requires the election of directors by division.
(B) The address to which registered voters may mail a protest
against the adoption of a resolution pursuant to subdivision (b) or
(c).
(C) The phone number and address of an individual that interested
persons may contact to receive additional information about the
resolution.
(D) A statement that a protest by 10 percent of the registered
voters will prevent the adoption of the resolution by the board of
directors and that the board of directors are prohibited from
considering the adoption of such a resolution for at least four
years.
(E) The date, time, and location of the public hearing.
(e) (1) Prior to the public hearing, any voter may submit to the
board of directors a written protest against the adoption of a
proposed resolution pursuant to subdivision (b) or (c). The protest
shall be in writing and shall identify the registered voter.
(2) If the board of directors finds that the protest made by the
registered voters in the district represents more than 10 percent of
the total number of registered voters in the district, and the
protests are not withdrawn so as to reduce the percentage to less
than 10 percent, the board of directors shall not adopt the
resolution and shall not consider the adoption of such a resolution
for at least four years.
(f) A resolution shall not be adopted pursuant to subdivision (b)
or (c) less than 180 days before a general district election.

21100.7. The landownership requirements set forth in subdivision
(a) of Section 21100 do not apply to the South Bay Irrigation
District.

21101. Notwithstanding Sections 10505 and 10554 of the Elections
Code, elective officers, irrespective of the method of their
selection, take office as soon as they qualify, except that officers
elected at a general district election take office at noon on the
first Friday in December next following the general district
election.

21102. Prior to the first Friday in December next following the
general district election each elective officer shall take and
subscribe the official oath and file it in the office of the district
and execute the bond required of him or her.

21104. The term of office of each elective officer subsequent to
the officers elected at the formation election is four years or until
his successor qualifies and takes office.