SECTIONS 35540-35553 - California Statutes

WATER CODE

SECTION 35540-35553

35540. The provisions of this chapter shall apply only to the Lost
Hills Water District as a member unit of the Kern County Water
Agency.

35541. (a) As an alternative to, and in addition to, the methods in
this division provided for the apportionment of water, the district
may adopt a plan of water allocation which may include a provision
that the holders of title to lands within a designated area of the
district, not at the time receiving delivery of water purchased by
the district under long-term contract with the Kern County Water
Agency by means of district-provided facilities, shall have no right
in the future to have allocated to them, as the holders of title to
lands within the designated area, any part of the water which will
thereafter be made available to the district under contracts between
the district and the Kern County Water Agency in effect at the time
of approval of the plan. The plan shall provide that the lands within
that designated area of the district shall not thereafter be
assessed by the district, or by the Board of Supervisors of the
County of Kern on behalf of the district, for the purpose of
providing funds to pay any part of the district's obligation to the
Kern County Water Agency under contracts between the district and
that agency in effect at the time of approval of the plan or for the
purpose of providing funds to pay either the principal of bonds or
interest on bonds of the district sold after approval of the plan,
excepting, however, bonds sold for the purpose of providing funds to
construct irrigation works wholly or partially for the benefit of the
designated area.
(b) No such plan shall affect the power of the Kern County Water
Agency to levy a tax or assessment pursuant to Section 11652 or to
levy assessments under the provisions of the Kern County Water Agency
Act (Chapter 1003 of the Statutes of 1961, as amended) against all
lands within the district nor shall any such plan constitute or be
given effect as a limitation upon the power of any bondholder or
other creditor of the district to enforce rights existing at the time
of approval of the plan.
(c) The plan shall provide that for so long as the lands within
the designated area receive no benefits from the district, they shall
not be assessed for district purposes, except to the extent required
to pay principal of bonds and interest on bonds of the district sold
prior to approval of the plan. The plan may provide for relief from
the payment of principal of bonds and interest on bonds sold prior to
the approval of the plan if the district makes other adequate
provision for the payment thereof.
(d) The plan may further provide that the holders of title to
lands within the designated portion of the district shall have the
right to purchase from the district, from time to time, as the same
is available to the district, water which the district may acquire,
other than under long-term contract between the district and the Kern
County Water Agency in effect at the time of approval of the plan,
at a cost which shall not include in its computation any part of the
district's obligation to pay for contract entitlement water under
long-term contract between the district and the Kern County Water
Agency in effect at the time of the approval of the plan, but which
shall include a pro rata share of the cost of district
administration.

35542. A plan adopted or approved pursuant to the provisions of
this chapter may be changed, supplemented, amended, or rescinded in
the manner herein provided for the adoption and approval of an
original plan.

35543. Before adopting such a plan the board shall make or cause to
be made a report setting forth the proposed plan.

35544. Before adopting such a plan the board shall pass a
resolution of intention stating the following:
(a) The intention of the board to adopt a plan for distribution
and use within the district of water available to the district under
existing contract or contracts with the Kern County Water Agency
under which plan such water will not be made available to a
designated area within the district.
(b) A brief description of the plan proposed to be adopted.
(c) A description of the area within the district to which
delivery of water would be curtailed under the proposed plan.
(d) That a copy of the plan and of a map showing the area within
the district to which delivery of water would be curtailed under the
proposed plan, which map shall govern for all details as to the
extent of the area to which water deliveries will be curtailed, is on
file with the secretary of the district and is available for
inspection by any person or persons interested.
(e) The time and place of hearing by the board in regard to the
proposed plan.
(f) That at such time and place any person interested, including
all persons owning land within the district or in the area within the
district to which delivery of water would be curtailed under the
proposed plan, may appear and be heard and written protests, if any,
will be considered.
(g) A statement of the substance of Sections 35546, 35547, 35548,
35549, and 35550.

35545. Notice of the hearing shall be given by publishing a copy of
the resolution of intention provided for in Section 35544 in a
newspaper of general circulation, published in Kern County,
California, pursuant to Section 6066 of the Government Code, the
first publication to be at least 14 days prior to the time fixed for
hearing. Notice of the hearing shall also be given by posting
certified copies of such resolution of intention in three public
places within the area within the district to which delivery of water
would be curtailed under the proposed plan for at least 14 days
prior to the time fixed for hearing. Notice of the hearing shall also
be given by mailing, by certified mail, a certified copy of such
resolution of intention to each holder of title to lands within the
area within the district to which delivery of water would be
curtailed under the proposed plan as shown in the last equalized
assessment book of the district, except, that, in the event an
assessment for the district shall not have been made and levied for
the year in which such hearing is to be held, the last equalized
assessment roll for the County of Kern shall be used in place of the
assessment book of the district. Such mailing shall be completed not
less than 14 days prior to the hearing. No notice of such hearing,
other than that required by this section, need be given.

35546. At any time, not later than the hour set for hearing on such
resolution of intention, any holder of title to land to which
delivery of water would be curtailed under the proposed plan may make
written protest. Such protest shall be in writing, shall contain a
description of the property in which each signer has an interest
sufficient to identify the same, and, if any signer is not shown on
the last equalized assessment book of the district or, if used as the
basis for the mailing of notice, the last equalized assessment roll
of Kern County, such protest shall contain or be accompanied by
written evidence that such signer is the owner of such property or of
an interest therein. All such protests shall be delivered to the
secretary of the district.

35547. At the time set for hearing protests, the board shall hear
and pass upon all protests made as provided for in Section 35546, and
its decision shall be final and conclusive. The board may adjourn
the hearing from time to time, and any written protest may be
withdrawn by the holder of title making the same in writing at any
time prior to the conclusion of the hearing or any such adjournment
thereof.

35548. If a written protest is made pursuant to Section 35546
against the proposed plan and the board finds that the protest
represents more than one-half of the assessed value of the lands to
which delivery of water would be curtailed under the proposed plan,
and such protests are not withdrawn so as to reduce the same to less
than a majority of such assessed value, the proceedings shall be
terminated and no further proceedings may be taken with respect to
such plan or any modification thereof for a period of one year from
the time of the decision of the board on the hearing.

35549. If a written protest is made pursuant to Section 35546
against the proposed plan and the board finds that the protest
represents less than one-half but more than 10 percent of the
assessed value of the lands to which delivery of water would be
curtailed under the proposed plan, and such protests are not
withdrawn to reduce the same to less than 10 percent of such assessed
value, the board may adopt such plan subject to approval thereof by
the holders of title to the lands to which delivery of water would be
curtailed under the proposed plan at a special election to be held
for such purpose. Such election shall be called, noticed, held,
conducted and the results thereof shall be canvassed in substantially
the same manner as provided in this division for the calling,
noticing, holding, conducting, and canvassing of general obligation
bond elections.

35550. If no written protest is made pursuant to Section 35546
against the proposed plan or if a written protest is made pursuant to
Section 35546 and the board finds that the protest represents less
than 10 percent of the assessed value of the lands to which delivery
of water would be curtailed under the proposed plan, then, at the
conclusion of the hearing, the board may, by resolution, adopt and
approve such plan.

35551. The last equalized assessment book of the district shall be
used as a basis for determining the assessed value of lands to which
delivery of water would be curtailed under the proposed plan,
excepting, however, if no assessment for the district shall have been
made and levied for the year in which the hearing is held, the last
equalized assessment roll of the County of Kern shall be used for
such purpose in place of the assessment book of the district.

35552. If a majority of the votes cast at an election held pursuant
to the provisions of Section 35549 is in favor of the proposed plan,
the board shall, within 30 days after canvass of the results of such
election, by resolution reciting the fact of such election, the
total number of votes cast thereat, the number of votes cast in favor
of the plan and the number of votes cast opposed to the plan,
approve the proposed plan. If a majority of the votes cast at such
election is opposed to adoption of the proposed plan, the proceedings
shall be terminated upon the canvass of the vote and no further
proceedings may be taken with respect to such plan or any
modification thereof for a period of one year from the date of the
election.

35553. In the event the plan is approved, either according to the
provisions of Section 35550 or Section 35552, a certified copy of the
board's resolution approving the plan shall be recorded in the
office of the County Recorder of the County of Kern following which
recording such plan shall be effective for all purposes.