SECTIONS 34300-34308 - California Statutes

WATER CODE

SECTION 34300-34308

34300. During or prior to the hearing of the petition:
(a) Any holder of title to land may request the exclusion of any
part of his land from the proposed district.
(b) Any holder of title to land not within the proposed district
but contiguous to any part of it and susceptible to irrigation from
any source named in the petition may request in writing the inclusion
of the land in the proposed district.

34301. At the hearing the board shall hear all relevant evidence in
support of or in opposition to the petition, or in support of or in
opposition to requests for inclusion of land in or exclusion of land
from the proposed district.

34302. The hearing may be continued by the board from time to time
but shall not be continued after 30 days from the time originally
fixed for the hearing, except from day to day, if any petitioner
objects to the continuance.

34302.5. Following such hearing, the board may terminate the
proceeding if it finds that there is good cause for not forming the
district. If proceedings are not terminated, the board shall make the
determinations, findings, or orders as hereinafter provided.

34303. At the hearing the board shall fix the boundaries of the
proposed district if it is shown to the board that the petition
conforms to the requirements of this division and that the required
notice of the hearing has been given.

34304. The board shall exclude any land which it finds will not be
benefited by the water service of the proposed district.

34305. Upon application of the owner the board may include in the
proposed district any land which is susceptible of water service from
any source proposed in the petition and will be benefited by the
water service if in the judgment of the board the proposed district
will have or may obtain a sufficient supply of water for the water
service of that land.

34306. After the board has determined the land to be included
within the proposed district, it shall make an order doing all of the
following:
(a) Establishing and describing the exterior boundaries of the
proposed district.
(b) Describing any land within the boundaries which is to be
excluded from the district.
(c) Naming the proposed district, which name may be either the
name proposed in the petition or another name determined by the
board.

34307. The order shall be entered in full upon the minutes of the
board.

34308. A finding of the board in favor of the genuineness and
sufficiency of the petition and notice is conclusive against all
persons except the State in a quo warranto proceeding brought by the
Attorney General and commenced before the district has instituted a
proceeding to determine the legality of its existence or within one
year after the making and entry of the order of the board
establishing and describing the boundaries of, and naming, the
proposed district if the latter proceeding is not instituted.