SECTIONS 35450-35455 - California Statutes

WATER CODE

SECTION 35450-35455

35450. A district may fix and change a date prior to which
applications for water for the ensuing irrigation season are to be
received for all crops, or for annual crops and new plantings, and
may require a cash deposit to be made at the time of application for
each acre for which application is made.

35451. The action of a district fixing or changing any date prior
to which applications for water are to be received is ineffective
until notice of the date is given by publication once a week for two
successive weeks in a newspaper published in the office county. The
date fixed is effective for each year thereafter unless changed by
the board.

35452. The cash deposit shall, in the discretion of the board, be
forfeited as to each acre not using the water applied for if the
district has a sufficient supply of water available at the time the
water is to be used.

35453. In the event of water shortage the district may, with
respect to the shortage area, give preference to or serve only the
land for which application was filed prior to the application date
fixed and the land for which no application was required.

35454. If the available water is inadequate to serve all of the
land as to which applications for water are filed pursuant to Section
35450, the district may require the owners of land which is proposed
to be planted to annual crops or to new plantings to take a
proportionate percentage reduction in the water they would normally
use thereon and may require the owners of land which is planted to
permanent crops to take a reasonable proportionate percentage
reduction in the water they would normally use in an amount not
exceeding the percentage reduction required of plantings to annual
crops and new plantings.
The provisions of this section shall be effective only if more
than one-half of the district's revenue for that year will be derived
from charges made for the sale of water.

35454.5. In any year in which the board of a district not having
meters or other volumetric measuring instruments or facilities to
measure substantially all agricultural water to be delivered
concludes the available water supply will be inadequate to serve all
land entitled to service that will probably desire such service, the
district may establish reasonable annual water requirements for
growing each type of crop grown or likely to be grown in the district
in that year; determine the maximum acreage of each crop that each
holder of title to land, or his duly authorized agent or tenant, may
irrigate with district water by dividing the quantity of water
apportioned or apportionable to him by such reasonable annual water
requirements so established by the district; limit the acreage of
each crop that each such holder of title to land, or his duly
authorized agent or tenant, may irrigate with district water to the
maximum acreage or acreages so determined; and refuse to deliver
water to, or assess penalities on, a holder of title to land, or his
duly authorized agent or tenant, who uses district water on a greater
acreage of such crops.
Nothing in this section shall prohibit or limit the application of
the provisions of Section 35453 or 35454. This section provides a
means of measuring the allocation of water to lands based on the type
of crop grown and does not authorize a district to designate the
crops to be grown on such land.

35455. Nothing in this article restricts or limits existing powers
of a district to control and provide for distribution of water.