SECTIONS 26670-26677 - California Statutes

WATER CODE

SECTION 26670-26677

26670. As used in this chapter, "public agency" means any city or
district, other than an irrigation district, authorized to distribute
water, which is in whole or in part included within the exterior
boundaries of an irrigation district.

26671. Any district may enter into a contract with any public
agency which provides in effect as follows:
1. The public agency shall:
a. Collect for the district assessments levied by the district
against all or part of the lands within the district and shall
collect such assessments and pay the amount thereof over to the
district at such times and in the manner agreed upon between the
district and the public agency; or, in the alternative,
b. Pay to the district in lieu of assessments by the district upon
all or any part of the lands within the district a sum of money
which shall not be less than the total amount of assessments which
would have been levied by the district against those lands in the
absence of such contract calculated upon the same basis as
assessments made upon an acreage basis against other land in the
district receiving gravity water service. Such payment shall be made
at such time and in the manner agreed upon between the district and
the public agency.
2. If the contract provides for the payment of a water charge in
addition to the assessment upon district lands, then in determining
the sum of money which may be paid to the district in lieu of
assessments by the district under paragraph b of subdivision 1, the
district may determine that a lesser rate of assessment or no
assessment would be appropriate upon lands covered by the contract
and, if such determination is made, may so provide in the contract
and adjust or eliminate the assessment.
3. The district shall make available to the public agency each
year for distribution and use upon the lands within the district
covered by the contract, such a quantity of water as may be agreed
upon by the district and the public agency.
4. The owner of lands within the district covered by such a
contract shall each year be entitled to receive and use from the
water so made available by the district to the public agency, or from
other water available to the public agency, an amount of water
sufficient to supply his reasonable and beneficial needs, limited
however to his proportionate share of such water made available by
the district based upon the ratio which the number of acres owned by
him bears to the total number of acres within the district receiving
a surface supply of water from the district and the public agency.
5. The public agency may charge such rates as it may determine for
the service of water to any lands covered by the contract unless
such rates are limited by agreement between the district and the
public agency.

26672. The water made available by the district to the public
agency may be used upon the lands covered by such contract for such
irrigation, municipal, domestic or other uses as the district and the
public agency may agree upon.

26673. Upon the execution of such contract and so long as the
contract remains in force and effect, the district shall be relieved
of any further obligation to furnish water for use on the lands
covered by the contract.

26674. Nothing in this chapter authorizes the sale or transfer of
any water right nor shall the agreement authorized in Section 26671
be construed or deemed to constitute the sale or transfer of a water
right.

26675. No right in any water or water right owned by the district
or the public agency shall be acquired or lost by the use permitted
by this chapter.

26676. Except as otherwise provided herein the contract between the
district and the public agency may include such terms and conditions
as may be agreed upon between the district and the public agency.

26677. The provisions of this chapter shall supersede all
provisions of this code inconsistent herewith.