SECTIONS 22250-22264 - California Statutes

WATER CODE

SECTION 22250-22264

22250. All water distributed by districts for irrigation purposes
shall except when otherwise provided in this article be apportioned
ratably to each landowner upon the basis of the ratio which the last
assessment against his land for district purposes bears to the whole
sum assessed in the district for district purposes.

22251. Any landowner may assign for use within the district his
right to the whole or any portion of the water apportioned to him
pursuant to Section 22250.

22252. When any charges for the use of water are fixed by a
district the water for the use of which the charges have been fixed
shall be distributed equitably as determined by the board among those
offering to make the required payment.

22252.1. The board by the unanimous vote of all of the directors
may specify a date prior to which applications for water for the
ensuing irrigation season are to be received for all crops or for
annual crops and new plantings and may require a cash deposit not to
exceed the water charge for the water applied for, to be made at the
time of application for each acre for which application is made. The
cash deposit shall in the discretion of the board be forfeited as to
each acre not using the water applied for if the district has water
available to supply the same. In the event of water shortage the
board may with respect to the shortage area in its discretion give
preference to or serve only the land for which application was filed
prior to the date set and the land for which no application was
required. Any date so fixed shall be effective for each year
thereafter unless changed by the board if notice thereof is published
not later than April 1st in the year in the manner prescribed for
the publication of the notice provided for in Section 22252.2.
Nothing in this section shall prohibit apportionment of available
water to land given preference under this section or otherwise
restrict or limit existing powers of the board to control and provide
for distribution of water.

22252.2. The action of a board in fixing or changing any such date
shall be ineffective until notice thereof is given by publication
once a week for two successive weeks in a newspaper published in the
district, or if no newspaper is published in the district, then in a
newspaper published in the office county, or if no newspaper is
published in the office county, then in a newspaper published in any
affected county.

22252.3. In any year in which the board determines that the water
supplies of the district will be inadequate to provide water in a
quantity furnished in years of average precipitation, the board may
specify a date prior to which applications for water for the ensuing
irrigation season are to be received. In districts where meters or
other volumetric measuring instruments or facilities are not
available or are inadequate to measure substantially all agricultural
water deliveries, the district may establish annual water
requirements in the district for growing each type of crop grown in
the district, accept such applications for water based on proposed
crops to be grown and acreage of each such proposed crop, and
determine the quantity of water apportioned under Sections 22250,
22251, 22252, and 22252.1 expressed in terms of acreage of each type
of proposed crop to be served. In such a district, the district may
refuse to deliver water to, or assess penalties on, the landowner who
uses such water on a greater acreage of such crops than such
landowner's share of the estimated available water will bring to
maturity based on the requirements established for growing such crops
in the district.
In establishing annual water requirements for growing particular
types of crops, as authorized in this section, the district, with
respect to those crops which ordinarily require periodic irrigation,
may designate the number of irrigation runs and the amount of water
to be allocated to each such run with respect to each crop and may
give the water user water credits measured by the designated
irrigation runs with respect to each such crop as to which the water
user has notified the district he intends to underirrigate.
This section provides a means of measuring the allocation of water
to lands based on the type of crop grown and does not authorize a
district to designate the crops to be grown on such land.
Nothing in this section shall prohibit or limit the apportionment
of available water to land given preference under Section 22252.1 or
this section or to otherwise restrict or limit existing powers of the
district to control and provide for distribution of water.

22253. When a mutual water company has been formed to furnish water
to certain specified land within a district, the district may
contract for the delivery of water for the specified land through the
mutual water company only.

22254. If a district has contracted to deliver and is delivering
water to a mutual water company for distribution to territory served
by the latter, the water shall be apportioned on a basis found by the
board to be equitable and for the best interests of all persons
concerned.

22255. When its board deems it in the best interests of the
district, the district may regulate the amount of water to be used to
irrigate crops within the district when seepage from the irrigation
would damage adjacent land inside or outside of the district or may
require as a condition precedent to the delivery of water the
construction of adequate drainage facilities to prevent damage to the
adjacent land. Whenever the board finds, with respect to land for
which there is no existing system for the application of water for
the irrigation thereof, that the character of the soil or elevation
of the land to be supplied water from the district water supply is
such that the application of such water thereto by flooding is likely
to require the use of excess quantities of water or to create a
hazardous seepage or drainage problem, the board may limit the
application of such water to that land to application through
overhead sprinkling systems so designed and operated to prevent the
use of excess quantities of water, or the creation of a hazardous
seepage or drainage problem.

22256. A district may refuse to furnish water to any land to which
it holds title by virtue of collector's deeds to the district or to
any or all land on which the district has an outstanding unredeemed
certificate of sale for the nonpayment of a district assessment.

22257. Each district shall establish equitable rules for the
distribution and use of water, which shall be printed in convenient
form for distribution in the district. A district may refuse to
deliver water through a ditch which is not clean or not in suitable
condition to prevent waste of water and may determine through which
of two or more available ditches it will deliver water.
A district may close a defective gate in a community water
distribution system used for irrigation purposes and may refuse to
deliver water through the defective gate if the landowner fails to
repair the gate or outlet to the satisfaction of the district within
a reasonable time after receipt of notice from the board through its
authorized water superintendent, manager or ditch tender to repair
the gate or outlet. Rules and regulations adopted pursuant to this
section may include, with respect to land for which there is no
existing system for the application of water for the irrigation
thereof, the limitation of the use of water for irrigation furnished
by the district to an overhead sprinkling system where such method of
irrigation will conserve water and prevent excess seepage or the
creation of drainage problems.

22258. A district required by law or provisions of agreements under
which all or part of the water supply of the district was acquired
to furnish water outside its boundaries to consumers whose rights to
service were at the time the supply of water was acquired by the
district enforceable by reason of their status as persons of the
class for whose benefit the water was appropriated or dedicated may
regulate the use of water so furnished.

22259. If its board deems it to be for the best interests of the
district, a district may enter into a contract for the lease or sale
of any surplus water or use of surplus water not then necessary for
use within the district, for use either within or without the
district.

22261. Nothing in this article authorizes the sale of any water
right.

22262. No right in any water or water right owned by the district
shall be acquired by use permitted under this article.

22263. Nothing contained in this division authorizes any person to
divert the water of any stream or conduit from its channel to the
detriment of any person having any interest in the stream, conduit,
or the water therein, unless previous compensation be ascertained and
paid.

22264. Chapter 4 (commencing with Section 116275) of Part 12 of
Division 104 of the Health and Safety Code shall not apply to
districts except in specific areas concerning which the State
Department of Health Services gives written notice to the district.
In areas where the service rendered by the district is primarily
agricultural and domestic service is only incidental thereto, the
State Department of Health Services may prescribe reasonable and
feasible action to be taken by the district and the consumers to
insure that their domestic water will not be injurious to health.
Municipal and public corporations or utilities, other than a
district, that distribute water within a district are not excepted
from Chapter 4 (commencing with Section 116275) of Part 12 of
Division 104 of the Health and Safety Code by this section.