SECTIONS 35565-35565.8 - California Statutes

WATER CODE

SECTION 35565-35565.8

35565. This chapter applies only to the Borrego Water District.

35565.1. The objectives of the district include all of the
following:
(a) To provide for the control of flood and storm waters of the
district and the surface or subsurface streams created by storm water
runoff from sources outside of the district and to conserve all the
waters for beneficial and useful purposes by spreading, storing,
retaining, slowing, and causing those waters to percolate, either by
natural or artificial means, into the soil strata.
(b) To protect from damage from those flood or storm waters the
personal or real property within the district and the lives of the
inhabitants thereof.
(c) To protect, preserve, and restore watersheds within or without
the district.

35565.2. The district may acquire by grant, purchase, lease, gift,
devise, contract, or condemnation, real or personal property of any
kind, including land, structures, buildings, rights-of-way, or
easements within or without the district, and may construct, operate,
maintain, repair, and alter all projects, improvements, or
facilities, within or outside of the district necessary or proper to
carry out the objectives authorized by Section 35565.1.
Improvements or facilities include, but are not limited to, dams,
levees, channels, conduits, canals, pipelines, reservoirs, spillways,
ponds, or replenishment wells.

35565.3. The district may conduct technical investigations and
prepare analyses, studies, and reports pertaining to water supply,
water rights, erosion, control of floods, storm patterns, water basin
supplies, replenishment methods, water usage and water quality, soil
characteristics, and other matters relative and necessary to the
objective set forth in Section 35565.1.
In order to carry out technical investigations, the district has
the right of access to, and may, to the extent permitted by the
California Constitution, enter upon, any lands within or without the
district, with or without permission of the owner or owners of the
land. The entry by the district or its authorized representative does
not constitute, and does not give rise to, any cause of action in
favor of the owners of the land, except for injuries resulting from
negligence, wantonness, or malice.

35565.4. (a) For the purpose of providing mosquito abatement and
vector control services to the lands and inhabitants of the district,
and in addition to the powers contained in this division, the
district may exercise any of the powers of a mosquito abatement
district or vector control district pursuant to the Mosquito
Abatement and Vector Control District Law, Chapter 1 (commencing with
Section 2200) of Division 3 of the Health and Safety Code.
(b) For the purpose of providing park and recreation facilities
and services, the district may exercise any of the powers of a
recreation and park district pursuant to the Recreation and Park
District Law, Chapter 4 (commencing with Section 5780) of Division 5
of the Public Resources Code.
(c) For the purpose of providing landscaping and lighting
facilities and services, the district may exercise the powers of the
Landscaping and Lighting Act of 1972, Part 2 (commencing with Section
22500) of Division 15 of the Streets and Highways Code.
(d) For the purposes of providing for the collection or disposal
of garbage or refuse matter, the district may exercise the powers of
a community services district pursuant to the Community Services
District Law, Division 3 (commencing with Section 61000) of Title 6
of the Government Code.
(e) The district shall not exercise any of the powers set forth in
subdivisions (a), (b), (c), and (d) in the territory within the
Borrego Springs Community Services District until the San Diego Local
Agency Formation Commission has approved the exercise of that power.
(f) Any new special taxes, assessments, and fees or charges that
the district needs to implement the powers as set forth in
subdivisions (b), (c), and (d) may be levied or raised after
complying with Articles XIII C and XIII D of the California
Constitution.

35565.8. (a) The district has the authority granted to a water
replenishment district by Sections 60224, 60225, and 60226.
(b) The authority granted to this district pursuant to this
section is in addition to the authority granted to the district by
this division.