SECTIONS 60040-60051 - California Statutes

WATER CODE

SECTION 60040-60051

60040. Districts, regardless of the date of formation, are subject
to the provisions of this division.

60041. The inclusion in or annexation or addition to a
replenishment district, of the corporate area of any existing agency,
shall not destroy the identity or legal existence or impair the
powers of any such existing agency, notwithstanding the identity of
purpose, or substantial identity of purpose, of such replenishment
district.

60042. Whenever by this division a notice is required to be
published for a designated number of weeks or once a week for a
designated number of weeks, the notice need be published on only one
day of each week, and for only the same number of times as the number
of weeks designated.

60043. Whenever any act is required to be done or proceeding taken
on or set for a particular day or day of the week in any month, the
act may be done or proceeding set for and acted upon on a day of the
month otherwise specified for a regular meeting of the board.

60044. A district may be organized entirely within unincorporated
territory, or partly within unincorporated territory and partly
within incorporated territory, and within one or more counties in
this State.

60045. No area included within any existing agency or annexations
thereto, one of the purposes of which is replenishing the ground
water supplies within such existing agency and which agency is
empowered to levy assessments or charges upon the production of water
from such ground water supplies, shall be included within any
replenishment district or annexations thereto created or annexed
under this division.

60046. Unless the context otherwise requires, the provisions of
this chapter shall govern the construction of this division.

60047. The provisions of this division apply to the replenishment
of ground water within all areas in this state, except those areas
therein now or hereafter included within the Orange County Water
District as provided by the Orange County Water District Act. The
Legislature finds and declares that the problems of providing
replenishment of the underground basin in the area of the Orange
County Water District are peculiar to that area and for that reason
it is necessary to deal specially with such area, and that this fact
was recognized by the Legislature when it enacted the Orange County
Water District Act and the amendments thereto to provide for such
problems in that area.

60048. No informality in any proceeding or informality in the
conduct of any election, not substantially affecting adversely the
legal rights of any citizen, shall be held to invalidate any
incorporation, annexation, exclusion, or other action under this act.
Any action or proceeding wherein the validity of any such
incorporation, annexation, exclusion or disincorporation is denied or
questioned, shall be commenced within three (3) months from the date
of the certificate of incorporation, annexation or exclusion issued
by the Secretary of State, or from the date of the order of the board
of supervisors declaring the disincorporation, as the case may be;
otherwise, said actions and/or proceedings in respect thereto shall
be held to be valid, and in every respect legal and incontestable.

60050. If any section, subsection, subdivision, sentence, clause or
phrase of this act, or of the act or acts of which this act is
amendatory or supplemental, is for any reason held to be
unconstitutional, such decision shall not affect the validity of the
remaining portions of this act. The Legislature hereby declares that
it would have passed this act, and each section, subsection,
subdivision, sentence, clause and phrase thereof, irrespective of the
fact that any one or more sections, subsections, subdivisions,
sentences, clauses or phrases of the act or acts of which this act is
amendatory or supplemental, be declared unconstitutional. If any
section, subsection, subdivision, sentence, clause or phrase of this
act for any reason be held to be unconstitutional and such
unconstitutional provision shall have purported to repeal or amend
any provision of the acts or acts of which this act is amendatory or
supplemental, the provision existing and in force at the time of the
enactment of this act shall remain and be in full force and effect
notwithstanding such purported repeal or amendment.

60051. No language or provision in this division shall be
interpreted or construed so as to limit, abridge or otherwise affect
the water or water rights of any existing agency or person or affect
the rights of existing agencies or persons with respect to any legal
proceeding pending on May 1, 1955, wherein any water or water right
or the protection thereof is involved; provided, however, that
nothing in this section shall be construed to limit the provisions of
subdivision (7) of Section 60230 of this division.