SECTIONS 39775-39800 - California Statutes

WATER CODE

SECTION 39775-39800

39775. If the department determines that all requirements of
Chapter 1 of this part were complied with, the department shall
forthwith hear the petition and all evidence offered in its support
and in support of the written objections, and the written application
of any holder of title to land included in the proposed district to
have that land excluded therefrom, and the written application of any
holder of title to other land already irrigated or susceptible of
irrigation from the source and by the same works referred to in the
petition, to have that land included in the district.

39776. At the conclusion of the final hearing on the petition the
department shall make an order containing all of the following:
(a) Reaffirmance when it is consistent with its conclusions of the
genuineness and sufficiency of the petition and the regularity and
sufficiency of the notice of the hearing.
(b) Determination of the practicability, feasibility, and utility
of the proposed project.
(c) Establishment of the boundaries of or a description of the
land in the proposed district.
(d) Specification of the proposed source or sources of a water
supply.
(e) Specification of the proposed place, if any, for storage of
water for irrigation purposes.
(f) Estimation of cost of the proposed project.

39777. The order on final hearing shall also divide the proposed
district into five, seven, nine, or eleven divisions so as to
segregate into separate divisions lands possessing the same general
character of water rights or interests in the water of a common
source. The divisions shall be numbered first, second, third, fourth,
fifth, sixth, seventh, eighth, ninth, tenth, or eleventh, according
to the number of the division.

39778. The order shall be entered in full upon the records of the
department.

39779. A copy of the order certified by the department together
with a map showing the exterior boundaries of the district and
indicating the land, if any, excluded therefrom shall forthwith be
filed for record in the office of the county recorder of each
affected county.

39800. A finding of the department in favor of the genuineness and
sufficiency of the petition and the regularity and sufficiency of the
notice shall be conclusive against all persons except the State upon
suit by the Attorney General commenced within 90 days after the date
of first filing in the office of any county recorder of a certified
copy of the order as required by this article.