SECTIONS 56050-56061 - California Statutes

WATER CODE

SECTION 56050-56061

56050. Before constructing any project and before calling any
election for the issuance of bonds as hereinafter provided, the
district board shall by resolution employ one or more engineers to
make a survey of the problems of the district concerning the
protection of the lands within the district from storm, overflow or
waste waters and especially with reference to the construction of a
drainage system or systems. The resolution shall direct the engineer
or engineers to prepare and file with the district board a report
setting forth:
(a) A general description of the work proposed to be done to carry
out the objects of the district;
(b) A general plan and general specifications of the work;
(c) A general description of the property proposed to be acquired
or damaged in carrying out the work;
(d) A map showing the boundaries of the district and in general
the location and extent of the work proposed to be done, property
taken or damaged, and any other information useful to the
understanding of the proposed work;
(e) An estimate of the cost of the proposed work including
acquisition, engineer and construction costs.

56051. The engineer or engineers may, subject to the direction of
the district board, employ such surveyors and others as may be
necessary to prepare the report.

56052. When the engineer's report is filed, the district board
shall examine it and may thereupon:
(a) Reject it and direct that a new report be prepared;
(b) Direct that changes be made in it; or
(c) If it complies with the provisions of this chapter and is
satisfactory to the district board, it shall fix a time and place for
hearing objections to the report and to doing all or any of the work
referred to in the report.

56053. Notice of the hearing shall be published by the district
board pursuant to Section 6066 of the Government Code in a newspaper
circulated in the district. At the time and place so fixed, or at the
time and place to which the hearing may be from time to time
continued, the board shall hear all objections. Said objections may
be oral or in writing.

56054. At the conclusion of the hearing the district board shall
either order the report changed to conform to some or all the
objections made or shall approve and adopt the report as made. If
changes in the report are ordered, a further hearing shall be had
upon it as amended and further hearings shall be had until the
district board approves and adopts the report.

56055. If the district board approves and adopts the report of the
engineer or engineers, the board shall order the engineer or
engineers to prepare precise plans and specifications for the work
contained in said report. Said precise plans and specifications shall
be in conformity with the general plans and specifications contained
in said report as approved by the district board unless the district
board by a four-fifths vote adopts a resolution declaring that the
public interest requires a modification of or departure from the
general plans and specifications, which resolution shall contain a
statement of the manner in which the modification is required or
departure is to be made.

56059. The engineer or engineers employed by the district board to
prepare the precise plans and specifications shall be directed by the
district board to superintend the doing of the work contained in
said precise plans and specifications.

56060. A right of way in or across any public highway, street or
property in the district is hereby granted to the district wherever
the right of way is found by the district board to be necessary or
convenient for the doing of any of the work; provided, that if the
exercise of the rights herein granted require the alteration or
relocation of any facilities devoted to a public use, the district
shall pay the cost of such alteration or relocation.

56061. Notwithstanding any other provision in this chapter to the
contrary, in the event that prior to the formation of a district a
report has been secured by the board of supervisors of the county in
which the district is formed pursuant to the provisions of Section
4.2 of the Drainage District Improvement Act of 1919 concerning the
protection of lands and other property within the district from storm
or waste waters and containing substantially the same data and
matter required by Section 56050 of this chapter, and if copies of
said report are made available to the district board by the board of
supervisors of such county, a new report need not be prepared by the
district board under said Section 56050 and the hearing or hearings
referred to in this chapter may be held on such report furnished by
the board of supervisors of such county, and thereafter all of the
provisions of this chapter shall be applicable to such report.