SECTIONS 35521 - California Statutes

WATER CODE

SECTION 35521

35521. (a) Notwithstanding any other provision of law, the Hot
Spring Valley Irrigation District in the County of Modoc is
dissolved, and the Hot Spring Valley Water District is hereby formed
in that county.
(b) The Hot Spring Valley Water District is declared to be, and
shall be deemed, a water district as if the district had been formed
pursuant to this division. The exterior boundary of the Hot Spring
Valley Water District shall be the exterior boundary of the former
Hot Spring Valley Irrigation District.
(c) The Hot Spring Valley Water District succeeds to, and is
vested with, all of the powers, duties, responsibilities,
obligations, liabilities, and jurisdiction of the former Hot Spring
Valley Irrigation District.
(d) The status, position, and rights of any officer or employee of
the former Hot Spring Valley Irrigation District shall not be
affected by the transfer and shall be retained by the person as an
officer or employee of the Hot Spring Valley Water District.
(e) The Hot Spring Valley Water District shall have ownership,
possession, and control of all of the books, records, papers,
offices, equipment, supplies, moneys, funds, appropriations,
licenses, permits, entitlements, agreements, contracts, claims,
judgments, land, and other assets and property, real or personal,
owned or leased by, connected with the administration of, or held for
the benefit or use of the former Hot Spring Valley Irrigation
District.
(f) The unexpended balance of any funds available for use by the
former Hot Spring Valley Irrigation District shall be available for
use by the Hot Spring Valley Water District.
(g) No payment for the use, or right of use, of any property, real
or personal, acquired or constructed by the former Hot Spring Valley
Irrigation District shall be required by reason of the succession
pursuant to this act, nor shall any payment for the Hot Spring Valley
Water District's acquisition of the powers, duties,
responsibilities, obligations, liabilities, and jurisdiction be
required by reason of that succession.
(h) All ordinances, rules, and regulations adopted by the former
Hot Spring Valley Irrigation District in effect immediately preceding
January 1, 2009, shall remain in effect and shall be fully
enforceable unless readopted, amended, or repealed by the Hot Spring
Valley Water District, or until they expire by their own terms. Any
statute, law, rule, or regulation now in force, or that may hereafter
be enacted or adopted with reference to the former Hot Spring Valley
Irrigation District, shall mean the Hot Spring Valley Water
District.
(i) Any action by or against the former Hot Spring Valley
Irrigation District shall not abate, but shall continue in the name
of the Hot Spring Valley Water District, and the Hot Spring Valley
Water District shall be substituted for the former Hot Spring Valley
Irrigation District by the court in which the action is pending. The
substitution shall not in any way affect the rights of the parties to
the action.
(j) No contract, lease, license, permit, entitlement, bond, or any
other agreement to which the former Hot Spring Valley Irrigation
District is a party shall be void or voidable by reason of this act,
but shall continue in effect, with the Hot Spring Valley Water
District assuming all of the rights, obligations, liabilities, and
duties of the former Hot Spring Valley Irrigation District. Bonds
issued by the former Hot Spring Valley Irrigation District shall
become the indebtedness of the Hot Spring Valley Water District. Any
continuing obligations or responsibilities of the former Hot Spring
Valley Irrigation District for managing and maintaining bond
issuances shall be transferred to the Hot Spring Valley Water
District without impairment to any security contained in the bond
instrument.
(k) (1) Notwithstanding Section 35003, each voter, as defined by
Section 34027, of the Hot Spring Valley Water District shall be
entitled to cast only one vote, regardless of the value, acreage, or
number of parcels of the voter's land within the district.
(2) Voting in the Hot Spring Valley Water District shall be by
electoral divisions in accordance with Article 2 (commencing with
Section 35025) of Chapter 1 of Part 4. The Hot Spring Valley Water
District shall be divided into the same electoral divisions, with the
same division boundaries, as those established within the former Hot
Spring Valley Irrigation District. Members of the former Hot Spring
Valley Irrigation District Board of Directors who are serving on
January 1, 2009, may continue to serve the balance of their current
terms of office, representing the same electoral divisions, as
members of the Board of Directors of the Hot Spring Valley Water
District.