SECTIONS 35525-35531 - California Statutes

WATER CODE

SECTION 35525-35531

35525. The provisions of this chapter shall apply only to the Kern
Delta Water District, the Cawelo Water District, the Rag Gulch Water
District, and the Kern-Tulare Water District as member units of the
Kern County Water Agency or to an improvement district formed within
the Kern Delta Water District, the Cawelo Water District, the Rag
Gulch Water District, or the Kern-Tulare Water District pursuant to
the provisions of this division.

35526. In addition to, and as an alternative to, the matters
contained in this division regarding apportionment of water, the
district may by resolution adopt a plan for water allocation which
may include a determination as to what portion of district water will
be made available for surface delivery and what portion will be
devoted to recharge of ground water, may establish limited areas of
the district as the areas in which surface delivery of water service
will be made available, the quantity which will be made available to
each such surface water service area, and the terms upon which such
water service will be made available, and may enter into long-term
water service contracts with holders of title to land in such surface
water service areas which contracts may provide that the obligations
are a lien on the landowners' land in the nature of, and may be
collected and enforced in the manner provided in this division for
the collection and enforcement of, assessments. If such a contract
does so provide, such lien shall have the same force, effect, and
priority as an assessment lien as between the contracting landowner
and the district, but unless such contract is recorded in the office
of the county recorder in the county in which the land is situated,
it shall have no force or effect whatever against any person other
than a party to the contract unless such person has actual knowledge
of the contract and its contents. Such contracts may be acknowledged
or proved, certified and recorded in like manner and with like effect
as grants of real property, and all statutory provisions relating to
the recording or nonrecordation of conveyances of real property, and
to the effect thereof, shall apply to such contracts with like
effect. Such plan may further provide for allocation of water
available to the district on a short-term basis without further
notice and hearing. Such matters shall be determined and established
in accordance with equitable criteria providing for the economical
and efficient distribution and use of water within the district or
available for use upon the lands within the district.

35527. A plan adopted pursuant to the terms hereof may be changed,
supplemented or amended in the same manner provided for the adoption
of an original plan.

35528. Before adoption of such a plan the board shall make, or
cause to be made, a report setting forth the proposed plan.

35529. Before adoption of such a plan the board shall pass a
resolution declaring the following:
(a) The intention of the board to adopt a plan for distribution
and use of water within the district, briefly describing the same.
(b) That a copy of the proposed plan is on file at the district
office and is open for public inspection.
(c) The time and place of hearing by the board in regard to the
proposed plan.

35530. Notice of such hearing shall be given by publishing a copy
of the resolution of intention in a newspaper of general circulation
published in Kern County, pursuant to Section 6066 of the Government
Code, with the first publication to be at least 14 days prior to the
time fixed for such hearing, and by mailing a copy of such
resolution, postage prepaid, to each holder of title to land within
the district at his address as shown upon the last equalized
assessment roll of Kern County. Any error, omission or mistake in
such mailing, or any failure of any person to receive such copy,
shall not invalidate the proceedings pursuant to this chapter.

35531. At the time and place so fixed, or at any time or place to
which the hearing is continued, the board shall hold the hearing
provided for by such resolution of intention at which hearing any
person interested, including all persons owning land in the district,
or improvement district therein, to which the hearing pertains, may
appear and be heard concerning any matters set forth in the
resolution or any matters material thereto. Upon the conclusion of
the hearing the board shall by resolution determine, adopt and
declare the plan of water allocation in accordance with the
provisions of Section 35526 and the effective date of such plan, and
shall cause a copy of such resolution to be published in the manner
provided in Section 35530. No other notice shall be required.