SECTIONS 23450-23465 - California Statutes

WATER CODE

SECTION 23450-23465

23450. As used in this article "districts" means one or more
irrigation districts together with one or more county water
districts.

23451. As used in this article "contract with the United States"
means a contract made under the provisions of the Federal Reclamation
Law for any or all of the following purposes:
(a) Acquisition, extension, or operation of works for irrigation,
drainage, flood control, or development of electric or other power.
(b) A water supply.
(c) Assumption as principal or guarantor of indebtedness to the
United States.

23452. As used in ths article "power rights" includes power
possibilities, power resources, and power privileges.

23453. Districts may contract with each other pursuant to this
article only when both:
(a) Each of the districts before or after contracting pursuant to
this article makes a contract with the United States.
(b) All of the contracting districts propose to divert or carry
water for use in the districts by means of a single main canal or
system of works.

23454. Any contract between districts made before each of the
districts has made a contract with the United States shall be
effective when all of the districts have so contracted with the
United States.

23455. In any contract between districts they may contract to
compromise and settle any controversies existing between them as to
the extent or priority of their respective rights and claims to the
use of water and agree upon the limitation and definition of the
areas within them respectively upon which such water shall be
beneficially used.

23456. Districts may also contract that applications theretofore
filed by either of them with the State Water Rights Board or its
predecessor shall be amended to conform to the provisions of the
contract between them and that permits and licenses be issued
accordingly.

23457. Districts may also contract to compromise and settle any
controversies existing between them as to power rights upon the canal
or other water system, and for these purposes any of the districts
may demise to another of the districts all of the power rights which
the demising district has or thereafter obtains.

23458. The lease may be made for any term not exceeding 99 years
and may vest in the lessee the operation, management, development,
and control of the power rights and the use, sale, and control of
power produced therefrom. The lease may provide for the payment of
rentals and any other matters relevant to the leasing of the power
rights as the districts may in their discretion deem advisable not in
conflict with the Constitution of this State nor with the express
terms of the statutes under which the districts are respectively
organized and exist.

23459. Districts may also contract that when the lease has been
executed, the lessor may be required upon any terms agreed upon to
procure for the lessee district contracts or applications for
electric power signed by consumers in the lessor district and that
the lessee district shall serve electric power in the lessor distict
at rates and upon terms and conditions prescribed in the contract.

23460. Districts may also contract that they shall cooperate to
obtain permits and licenses to appropriate water for power purposes
and to construct power facilities from the State Water Rights Board
or any federal agency or both in the manner prescribed in the
contract.

23461. Districts may also contract for any other matters authorized
by law.

23462. Districts so contracting have full power to perform and
observe the contracts in accordance with the tenor and spirit
thereof.

23463. Contracts made pursuant to this article shall be liberally
construed to effectuate them according to their true intent.

23464. The execution of a contract between districts may be
authorized by resolution of their respective boards.

23465. Any and all such contracts executed prior to September 13,
1941, by and between such districts and all acts of boards of
directors and other officers of such districts leading up to and
including the execution of such contract or contracts, are hereby
legalized, ratified, confirmed and declared valid to all intents and
purposes, and the power of such districts to execute, carry out,
perform and observe such contracts and every provision thereof is
hereby ratified, confirmed and declared valid and such contracts are
hereby declared to be in all respects the legal and binding
obligations of, against and in favor of each of such contracting
districts.