SECTIONS 71120-71134 - California Statutes

WATER CODE

SECTION 71120-71134

71120. A petition for the formation of a district, which may
consist of any number of separate instruments, shall be filed with
the county elections official.

71121. The formation petition shall be signed by voters equal in
number to at least 10 per centum of the voters registered within the
boundaries of the proposed district 30 days prior to the date the
petition is filed. If one or more cities are included in the proposed
district, the formation petition shall, in addition, be signed by at
least 10 percent of the voters of each such city registered to vote
30 days prior to the date the petition is filed.

71122. If only a portion of the corporate area of a city is
included within a proposed district, and 12 or more registered voters
reside within such portion of the city, the formation petition shall
be signed by voters residing within such portion equal in number to
at least 10 percent of the total number of registered voters in such
portion, or 10 percent of the number of voters of such portion voting
for all candidates for the office of Governor at the last general
election prior to the filing of the petition, whichever is the lesser
number. If less than 12 registered voters reside within such portion
of the city, the formation petition shall be signed by at least 50
percent of the voters residing in such portion.

71123. The formation petition shall describe the boundaries of the
proposed district and shall contain a prayer that the proposed
district be formed pursuant to this division.

71124. Except as otherwise authorized in this part, the boundaries
of the proposed district shall be described in the formation petition
in the same manner as in the declaration of intention and shall
include the same area.

71125. The circulation of a formation petition shall be commenced
by the proponents within 30 days from the date of the filing of the
declaration of intention with the county elections official. The
petition shall be circulated and filed with the county elections
official within 90 days from the date of the filing of the
declaration of intention.

71126. Within 30 days of the date of the filing of the formation
petition, the county elections official shall examine the petition
and determine whether it is signed by the requisite number of voters.
Upon request of the county elections official, the board of
supervisors shall authorize him or her to employ persons specially
for this purpose, in addition to the persons regularly employed in
his or her office, and shall provide for their compensation.

71127. When the county elections official has completed the
examination of the formation petition, he or she shall attach to it
the certificate, properly dated, showing the result of the
examination.

71128. If the county elections official finds from the examination
that the formation petition is signed by the requisite number of
voters residing within the boundaries of the proposed district, and
within the boundaries of each city included therein, he or she shall
certify that the petition is sufficient. If he or she finds that it
is not so signed, he or she shall certify that the petition is
insufficient.

71129. If the county elections official certifies in the
certificate that the formation petition is insufficient, he or she
shall also certify therein to the number of voters required to make
the petition sufficient, and the petition may be amended by filing a
supplemental petition or petitions within 10 days from the date of
the certificate.

71130. Within 30 days after the filing of any supplemental petition
or petitions, the county elections official shall examine them and
certify to the result of the examination as provided in Sections
71126 to 71128, inclusive.

71131. If any supplemental petition is filed, all the signatures on
the original and supplemental petitions shall be considered in
determining the number of voters signing the petition.

71132. After the time for filing supplemental petitions has expired
and all supplemental petitions have been examined, if the county
elections official's certificate shows that the formation petition is
insufficient, the petition shall be filed with the board of
supervisors and kept as a public record, without prejudice to the
filing of a new petition.

71133. If the county elections official's certificate shows that
the formation petition is sufficient, the county elections official
shall present the petition to the board of supervisors without delay.

71134. After an election for the formation of a proposed district,
the sufficiency of the formation petition shall not be subject to
judicial review or be otherwise questioned.