SECTIONS 25825-25835 - California Statutes

WATER CODE

SECTION 25825-25835

25825. Any person having an interest in any land within the
district may file with the secretary a verified petition alleging all
of the following:
(a) His land or a described portion of it was when it became a
part of the district irrigated from another system of works than the
works of or proposed for the district.
(b) It has continued ever since to be exclusively so irrigated.
(c) It is entitled to a special rate of assessment.

25825.1. Within the Madera Irrigation District only, any person
having an interest in any land within the district may file with the
secretary, in lieu of the petition authorized by Section 25825, a
verified petition alleging as to such land all of the following:
(a) It is served by a municipal water supply.
(b) It is entitled to a special rate of assessment.
The procedure for any such petition shall be in accordance with
this article.
A city whose area or any portion thereof is located within the
boundaries of the Madera Irrigation District may petition the
district to establish a special rate for the land in such city area
on the basis that such area is served by a municipal water supply and
is not susceptible of irrigation and therefore not benefited in a
sufficient manner to justify assessment at the regular rate. The
procedure for any such petition shall be in accordance with this
article.
After the conclusion of the hearing as provided in Section 25831,
if the board finds that any of the land described in any petition is
served by a municipal water supply and is not and will not be
benefited to the same extent as other lands by the operations of the
district or in a manner that would justify its assessment at the
regular rate of assessment, the board may adjust the rate of
assessment on the land in an order entered in full upon its minutes.

25825.2. (a) Within the Solano Irrigation District only, any person
having an interest in any land within the district may file with the
secretary, in lieu of the petition authorized by Section 25825, a
verified petition alleging as to such land the following:
(1) His land, or a described portion of it, was, when it became a
part of the district, irrigated from another system of works than the
works of, or proposed for, the district and it has continued ever
since to be so irrigated; or
(2) His land or a described portion of it was used on January 1,
1975, for residential purposes and has, after the date upon which it
became part of the district as a result of the acts of a governmental
entity other than the district, been irrigated or supplied water
wholly or partially from a water system owned entirely by such other
governmental entity; or
(3) His land or a described portion of it has never received water
service from the district of any nature and the board of directors
of the district has not at any time prior to filing the petition
adopted a plan for future service of water to such lands, which plan
may provide for the landowner to pay all costs of providing
facilities to transport water from the nearest point at which the
district has water available to the lands made subject to the
petition; and
(4) It is appropriate to apply a special rate of assessment as
provided in subdivision (c).
(b) The procedure for any such petition shall be in accordance
with this article. Except that, notwithstanding other provisions of
law, the notice required by this article shall be published in at
least one newspaper of general circulation printed in every
incorporated city with common bounds with the district and the notice
shall be posted at the courthouse in Solano County, in each office
of the district, and in the city hall of every incorporated city with
common bounds with the district. Such publication costs incurred by
the district shall be paid by the petitioner in addition to any other
fee provided by this article or by law.
(c) After the conclusion of the hearing as provided in Section
25831, if the board finds that any of the land described in any
petition has been irrigated, supplied as alleged or no plan for
future service has been adopted, and the lands made subject to the
petition are not and will not be benefited by the operations of the
district in a manner that would justify their assessment at the
regular rate of assessment, then the board shall determine the
average annual dollar value of the benefits to the lands made subject
to the petition and shall thence determine the rate necessary to
raise such sum through assessments, which shall be at a rate lower
than the regular rate of assessment, and the board shall enter in the
minutes an order declaring the following:
(1) A finding as to the average annual dollar value of the
benefits provided by the district to the lands made subject to the
petition; and
(2) The assessed value of the lands made subject to the petition
according to the most recent district roll; and
(3) The rate of assessment required to collect such amount
specified in subdivision (1), including allowance for delinquencies
as provided in Section 25801 of the Water Code of the State of
California.
(d) Notwithstanding the provisions of Section 25835, the special
rate of assessment shall be changed only as necessary to allow for
the collection of the average annual dollar value of the benefits
provided to the lands made subject to the petition. If, on the
petition of owners of the land made subject to a special rate or on
the motion of the district itself, it is sought to redetermine the
average annual dollar value of the benefits provided by the district,
the determination of the board shall not be changed until notice of
another hearing shall be advertised and such hearing held as provided
in this article. In any action to redetermine the special rate of
assessment pursuant to this subdivision initiated by the district,
the district shall pay the publication costs as set forth in this
section.

25825.3. (a) Within the Anderson-Cottonwood Irrigation District
only, any person having an interest in any land within the district
may file with the secretary, in lieu of the petition authorized by
Section 25825, a verified petition alleging it is appropriate to
apply a special rate of assessment to that land and, as to that land,
one of the following is applicable:
(1) His or her land, or a described portion of it, is used for
residential or commercial purposes and has, for five years
immediately prior to the date of filing a petition pursuant to this
section, been irrigated or supplied water, wholly or partially, from
a water system not owned or operated by the district.
(2) For five years immediately prior to the date of filing a
petition pursuant to this section, his or her land, or a described
portion of it, has never received water service from the district of
any nature and the board of directors of the district has not, at any
time prior to filing the petition, adopted a plan for future service
of water to the lands, which plan may provide for the landowner to
pay all costs of providing facilities to transport water from the
nearest point at which the district has water available to the lands
made subject to the petition.
(3) For five years immediately prior to the date of filing a
petition pursuant to this section, his or her land, or a described
portion of it, was served with water received from wells not owned,
maintained, or operated by the district and which land and wells are
not supplied water of any nature from the district, including, but
not limited to, surface, subsurface, or seepage waters, which waters
would be suitable for agricultural or domestic purposes.
(b) The procedure for any petition to which this section applies
shall be in accordance with this article.
(c) After the conclusion of a hearing as provided in Section
25831, if the board finds that any of the land described in any
petition has been supplied as alleged or no plan for future service
has been adopted, and the lands made subject to the petition are not
and will not be benefited by the operations of the district in a
manner that would justify their assessment at the regular rate of
assessment, then the board shall adjust the rate of assessment on the
land made subject to the petition in an order entered in full upon
its minutes.

25826. The petition shall request that the board determine what
proportion of the regular rates of assessment in the district should
be used in levying assessments on the land described in the petition.

25827. A fee of ten dollars ($10) shall be paid to the secretary
before the filing of each petition for a special rate of assessment.
The money shall be applied to the cost of the publication of the
notice and other expenses of the hearing. If there is any balance
after the conclusion of the hearing, it shall be returned to the
petitioner or divided among the petitioners contributing thereto in
proportion to the respective areas described in their petitions.

25828. The board shall set a time and place for the hearing of a
petition for a special rate of assessment or of all the petitions if
more than one has been filed and shall give notice of it in a
newspaper published in the office county.

25829. The notice for a special rate of assessment hearing shall
state all of the following:
(a) Petitions have been presented to the board praying for a
determination that certain land, which need not be described in the
notice, is entitled to a special rate of assessment.
(b) The names of the petitioners.
(c) The time and place set for the hearing.

25830. The board shall meet at the time and place set for the
hearing and proceed in the order it deems proper to hear the
petitions and shall hear all competent and relevant evidence offered
in support of any petition or in opposition to it and may adjourn the
hearing from time to time.

25831. After the conclusion of the hearing, if the board finds that
any of the land described in any petition has been irrigated as
alleged and is not and will not be benefited by the operations of the
district in a manner that would justify its assessment at the
regular rate of assessment, the board shall reduce the rate of
assessment on the land in an order entered in full upon its minutes.

25832. The order shall:
(a) Describe the land entitled to a special rate of assessment or
the respective parcels of it if separate parcels are to be assessed.
(b) Fix the proportion of the regular rate of assessment which
shall be applied in levying assessments on the land described or on
each parcel of it if various parcels are found to be entitled to
different special rates in order that the assessments to be levied on
this land will be proportionate with the benefits which it receives
or will receive from the operations of the district.

25833. A certified copy of an order determining that any land is
entitled to a special rate of assessment shall be delivered to the
assessor, and thereafter, until notified of a change in the
determination, he shall enter the land described in the order
separately in the assessment book and designate it so that it may
readily be distinguished from other land not entitled to a special
rate.

25834. If a determination that any land is entitled to a special
rate of assessment is made in any year too late for the land to be
separately described in the assessment book but before the annual
assessment has been levied, the board shall direct the secretary to
make entries in the assessment book that will enable him to compute
the assessments at the special rates determined by the board.

25835. The determination of the board granting or denying a special
rate of assessment shall not be changed unless the board on petition
of a party affected consents to another hearing or on its own motion
causes notice to be served on the owner of the land to show cause
why the determination should not be changed, in either of which cases
another hearing shall be advertised and held as provided in this
article.