SECTIONS 35400-35413 - California Statutes

WATER CODE

SECTION 35400-35413

35400. Each district has the power generally to perform all acts
necessary or proper to carry out fully the provisions of this
division.

35401. A district may acquire, plan, construct, maintain, improve,
operate, and keep in repair the necessary works for the production,
storage, transmission, and distribution of water for irrigation,
domestic, industrial, and municipal purposes, and any drainage or
reclamation works connected therewith or incidental thereto.

35402. A district shall not contract for the construction of
irrigation works nor construct the irrigation works by employees of
the district, if the cost of the construction is paid out of the
proceeds of bonds of the district, until an election has been held to
determine whether or not the bonds shall be issued.

35403. A district may contract to perform and perform any agreement
for the transfer or delivery pursuant to Chapter 5 of this part of
any irrigation system, canals, rights of way, or other property owned
or acquired by the district in exchange for the right to receive and
use water or a water supply to be furnished to the district by the
other party.

35404. A district may enter for the purposes of the district upon
any land.

35405. A district may take conveyances, contracts, leases, or other
assurances for property acquired by the district pursuant to this
division.

35406. A district may execute, by its president and secretary, all
contracts and other documents necessary to carry out the powers and
purposes of the district.

35407. A district may commence and maintain any actions and
proceedings to carry out its purposes or protect its interests and
may defend any action or proceeding brought against it.

35408. A district may commence, maintain, intervene in, compromise
and assume the costs of any action or proceeding involving or
affecting the ownership or use of waters or water rights within the
district used or useful for any purpose of the district or a benefit
to any land.

35409. A district may commence, maintain, intervene in, defend and
compromise actions and proceedings to prevent interference with or
diminution of the natural flow of any stream or natural subterranean
supply of waters which may:
(a) Be used or be useful for any purpose of the district;
(b) Be of common benefit to the land or its inhabitants; or
(c) Endanger the inhabitants or land.

35410. The board of a district whose corporate area, in whole or in
part, is included within a metropolitan water district may in any
fiscal year declare its intention to pay out of its district funds
the whole or a stated percentage of the amount of taxes to be derived
from the area of such metropolitan water district within the
district as such amount of taxes shall be fixed in the next
succeeding fiscal year by resolution of the board of directors of
such metropolitan water district. District receipts from any source,
including assessments, acreage assessments and standby charges, may
be used to pay said metropolitan tax. A district may provide for the
levy, collection and enforcement of any district or improvement
district assessment, acreage assessment or standby charge for the
payment of said metropolitan water district tax in the same manner as
other district or improvement district assessments and standby
charges.

35410.1. In addition to and as an alternative procedure to the levy
and collection of assessments and standby charges, a district may
fix and collect acreage assessments in an amount determined by the
board for each acre of land and for parcels less than one acre within
a district or improvement district. These acreage assessments shall
be levied only for the payment of the whole or any part of a
metropolitan water district tax. The resolution fixing the acreage
assessment shall be adopted by the board only after adoption of a
resolution setting forth the schedule of such acreage assessments
proposed to be established and after notice and hearing in the form
and manner prescribed by the board. The acreage assessment shall be
levied, collected and enforced in the same manner as provided in
Article 4 (commencing with Section 35470) of this chapter for standby
charges.

35410.2. If there is more than one tax code area for the levy of
said metropolitan water district tax within a district, an
improvement district may be formed in the manner provided in Chapter
4.9 (commencing at Section 36410), of Part 6 of this division for any
or all of said tax code areas for the purpose of providing for the
payment of the whole or part of the metropolitan water district tax
attributable to any tax code area. After the hearing on the
resolution of intention as provided in Section 36415, or as said
hearing may be continued, the board may by resolution order the
improvement district formed. Thereafter in any year the board may
elect to pay, from receipts, assessments or standby charges or any
combination thereof levied exclusively in said improvement district,
the whole or a stated percentage of the metropolitan tax for the next
succeeding fiscal year attributable to the area within said
improvement district, provided, that it takes similar action with
respect to all other said tax code areas.

35411. A district may disseminate information to the public
concerning the rights, properties, and activities of the district.

35412. The Irish Beach Water District may acquire, construct, and
operate facilities for providing fire protection to the district and
its inhabitants, including buildings, engines, hose, hose carts, or
carriages, and other appliances and supplies for the full equipment
of a fire company or department.
The Irish Beach Water District for the purpose of providing fire
protection services may exercise any of the powers, functions, and
duties which are vested in, or imposed upon, a fire protection
district pursuant to the Fire Protection District Law of 1987, Part 3
(commencing with Section 13800) of Division 12 of the Health and
Safety Code.
If the district includes any part of a city, fire protection
district, or other local agency which provides fire protection
service to any territory in the district, or if the Department of
Forestry and Fire Protection provides fire protection service to any
territory in the district, the district shall have no authority
pursuant to this section regarding the prevention and suppression of
fires in these territories, unless the district has obtained the
consent of the city, fire protection district, other local agency, or
the Department of Forestry and Fire Protection.
The provisions of this section are necessary because of the great
need for fire protection services within the area of the Irish Beach
Water District. There is no other local governmental entity willing
to provide this service to the people of the district. This problem
is not common to all districts formed under this division. It is
therefore hereby declared that a general law cannot be made
applicable and that the enactment of this section as a special law is
necessary for the solution of problems existing in the Irish Beach
Water District.

35413. (a) In order to enforce the provisions of any ordinance of
the district, including an ordinance fixing charges for the
furnishing of commodities or services, or to enforce any district
rule or regulation adopted by the board of directors pursuant to
Section 35421 or 35423 pertaining to the sale or distribution of
water, the district may correct any violation of an ordinance of the
district or of the rule or regulation. The district may also petition
the superior court for the issuance of a preliminary or permanent
injunction, or both, as may be appropriate, restraining any person
from the continued violation of any ordinance, rule, or regulation,
of the district or for the issuance of an order stopping or
disconnecting a service if the charges for that service are unpaid at
the time specified in the ordinance, rule, or regulation.
(b) The district may enter upon the private property of any person
within the jurisdiction of the district in order to investigate
possible violations of an ordinance of the district or law, rule, or
regulation described in subdivision (a). The investigation shall be
made with the consent of the owner or tenant of the property or, if
consent is refused, with a warrant duly issued pursuant to the
procedures set forth in Title 13 (commencing with Section 1822.50) of
Part 3 of the Code of Civil Procedure, except that, notwithstanding
Section 1822.52 of the Code of Civil Procedure, the warrant shall be
issued only upon probable cause.
(c) The district shall notify the county or city building
inspector, county health inspector, or other affected county or city
employee or office, in writing, within a reasonable time if an actual
violation of a district, city, or county ordinance is discovered
during the investigation.