CALIFORNIA STATUTES AND CODES
SECTIONS 50900-50907
WATER CODE
SECTION 50900-50907
50900. A district may do all things necessary or convenient for
accomplishing the purposes for which it was formed.
50901. If a district is in debt it has no power to impair or
destroy any of its indebtedness without the consent of the creditors,
but it may make any arrangement with the creditors for the surrender
of such indebtedness at less than par, and may levy an assessment on
the lands in the district for the payment thereof.
50902. (a) In addition to its other powers, a district may, by a
resolution of the board at a noticed public hearing, fix and collect
charges and fees, including minimum and standby charges, for the
provision of benefits and services.
(b) Notice of the public hearing shall be given by publication
once a week for two successive weeks in a newspaper of general
circulation published in the principal county.
(c) The board, in fixing the charges and fees, may establish the
dates of delinquency and may impose penalties for delinquency not
exceeding 10 percent of the amount of the charge or fee and may, in
addition, collect interest at a rate not to exceed 1.5 percent per
month from the date of delinquency on all delinquent charges and
fees. The district may sue for the recovery of unpaid charges and
fees or the unpaid charges or fees may be added to the operation and
maintenance assessment in the same manner as unpaid water charges
pursuant to Section 51440.
(d) The revenue obtained from charges and fees may be in lieu of,
or supplemental to, revenue obtained in any other manner and may be
used for any district purpose and the payment of any district
obligation.
(e) After a charge or fee is initially fixed by the board at a
noticed public hearing, the board may subsequently reduce that amount
of that charge or fee without notice or a public hearing.
(f) If the procedures set forth in this section as it read at the
time a standby charge was established were followed, the board may,
by resolution, continue the charge pursuant to this section in
successive years at the same rate. If new, increased, or extended
assessments are proposed, the board shall comply with the notice,
protest, and hearing procedures in Section 53753 of the Government
Code.
50903. A district of less than 100 acres and situated adjacent to
the Stockton Ship Channel may acquire, construct, operate, maintain,
repair, and improve lands, works, and facilities for the collection,
treatment, and disposal of sewage and waste; herein called
sanitation, and perform all matters germane thereto; provided, that
no district may exercise any of the powers conferred by this section
unless a petition approving the exercise of such powers is signed by
a majority of the voters within the district and submitted to the
district. In such event, it shall cause to be prepared and approved a
plan therefor and prepare an estimate of the costs thereof, and may
modify, change, or adopt a new, supplemental, or additional plan and
estimate. The plan and estimate may include properties, works, and
facilities already existing, or in the course of acquisition or
construction, and payments therefor may be made to the landowner
owning same, or to his legal representative. Such plan shall be
reported and may be financed in the same manner as a plan for
reclamation of district lands pursuant to this division.
Because of the recreational uses being made of the smaller islands
in the vicinity of the improved Stockton Ship Channel, in order to
protect the quality of the water, the Legislature finds and declares
that it is necessary that reclamation districts of less than 100
acres and situated adjacent to the Stockton Ship Channel be able to
exercise sanitation powers. Such circumstances are not generally
applicable to reclamation districts. It is therefore declared that a
general law cannot be made applicable and that the enactment of this
section as special legislation applicable only to such districts is
necessary.
50904. A district may, by resolution of the board, provide a
procedure for and collect charges and fees, by way of the tax bills
of the county or counties in which such district is located. A
district may also collect assessments levied under Part 7 (commencing
with Section 51200) of the division by way of the tax bills of the
county or counties in which such district is located. Such charges
and fees or assessments shall appear as a separate item on the tax
bill, shall be collected at the same time and in the same manner as
county ad valorem property taxes are collected, and shall be subject
to the same penalties and the same procedure and sale in case of
delinquency as provided for such taxes. The district shall, on or
before August 1st of each year, certify to the county auditor the
charges and fees or assessments to be collected. The county may
deduct from the revenue so collected for the district an appropriate
amount for the billing and collection services rendered to the
district.
50905. The Edgerly Island Reclamation District may provide for the
disposal of sewage, industrial waste, or other waste and, for that
purpose, may design, finance, construct, operate, and maintain sewage
treatment works.
50906. Reclamation District No. 1004 may, in conjunction with the
County of Colusa, construct, maintain, and operate a plant for the
generation of hydroelectric power, together with transmission lines
for the conveyance thereof and with other facilities that may be
necessary or appropriate for the construction, maintenance, and
operation of that plant. Construction of the plant and transmission
lines may be financed by the issuance of time warrants pursuant to
Article 3 (commencing with Section 53040) of Chapter 1 of Part 9 to
pay the cost of construction of the plant, transmission lines, and
related facilities, except that the board may, by resolution, provide
for the payment of those time warrants solely from the proceeds
derived from the operation of the hydroelectric powerplant, in lieu
of the assessment described in Section 53040, and may, in that event,
pledge the plant, transmission lines, and related facilities and the
revenues from the operation of the hydroelectric plant as the sole
security for the payment of the time warrants.
The hydroelectric plant, transmission lines, and related
facilities constructed pursuant to this section may be leased for
operation to, or the power generated may be sold to, a public utility
or public agency engaged in the distribution, use, or sale of
electricity, but shall not be offered for sale directly by the
district to customers other than a public utility or public agency.
Proceeds from the sale of electricity shall be utilized to retire
any time warrants issued for construction of the facilities and
otherwise for the powers and purposes for which the district was
formed.
50907. All districts formed under this division or under a special
act of the Legislature and authorized to act, under this division,
shall be subject to the requirements for competitive bidding under
Article 60.5 (commencing with Section 20920) of Chapter 1 of Part 3
of Division 2 of the Public Contract Code.