SECTIONS 71160-71172 - California Statutes

WATER CODE

SECTION 71160-71172

71160. When a formation petition is presented to it, the board of
supervisors shall make an order dividing the proposed district into
five divisions in such manner as to equalize, as nearly as
practicable, the population in the respective divisions. The board of
supervisors shall use for this purpose the population as estimated
by it from the register of voters used at the last general election.
The divisions of the district shall be numbered first, second,
third, fourth, and fifth.

71161. When the order dividing the proposed district into five
divisions is made, the board of supervisors shall by resolution or
ordinance call and provide for the holding of an election in the
proposed district for the purpose of determining whether the district
shall be formed and to elect the first board of directors if the
district is formed.

71162. The formation election shall be held on the next established
election date not less than 74 days from the date of adoption of the
resolution or ordinance calling the election.
For purposes of this election the board of supervisors may
consolidate election precincts of one or more divisions.

71163. Notice of the formation election shall be published once,
not less than one week nor more than four weeks prior to the
election, in at least one newspaper but not exceeding three
newspapers, printed and published in each affected county.

71163.1. Within five days after the district formation election has
been called, the legislative body which has called the election
shall transmit, by registered mail, a written notification of the
election call to the executive officer of the local agency formation
commission of the county or principal county in which the territory
or major portion of the territory of the proposed district is
located. Such written notice shall include the name and a description
of the proposed district, and may be in the form of a certified copy
of the resolution adopted by the legislative body calling the
district formation election.
The executive officer, within five days after being notified that
a district formation election has been called, shall submit to the
commission, for its approval or modification, an impartial analysis
of the proposed district formation.
The impartial analysis shall not exceed 500 words in length and
shall include a specific description of the boundaries of the
district proposed to be formed.
The local agency formation commission, within five days after the
receipt of the executive officer's analysis, shall approve or modify
the analysis and submit it to the officials in charge of conducting
the district formation election.

71163.2. The board of supervisors or any member or members of the
board authorized by the board, or any individual voter or bona fide
association of citizens entitled to vote on the district formation
proposition, or any combination of such voters and associations of
citizens, may file a written argument for or a written argument
against the proposed district formation.
Arguments shall not exceed 300 words in length and shall be filed
with the officials in charge of conducting the election not less than
54 days prior to the date of the district formation election.

71163.3. If more than one argument for or more than one argument
against the proposed district formation is filed with the election
officials within the time prescribed, such election officials shall
select one of the arguments for printing and distribution to the
voters.
In selecting the arguments, the election officials shall give
preference and priority in the order named to the arguments of the
following:
(a) The board of supervisors or any member or members of the board
authorized by the board.
(b) Individual voters or bona fide associations of citizens or a
combination of such voters and associations.

71163.4. The officials in charge of conducting the election shall
cause a ballot pamphlet concerning the district formation proposition
to be voted on to be printed and mailed to each voter entitled to
vote on the district formation question.
The ballot pamphlet shall contain the following in the order
prescribed:
(a) The complete text of the proposition.
(b) The impartial analysis of the proposition prepared by the
local agency formation commission.
(c) The argument for the proposed district formation.
(d) The argument against the proposed district formation.
The elections officials shall mail a ballot pamphlet to each voter
entitled to vote in the district formation election at least 10 days
prior to the date of the election. The ballot pamphlet is "official
matter" within the meaning of Section 13303 of the Elections Code.

71164. The notice of the formation election shall contain the
following:
(a) A description of the boundaries of the proposed district and
its divisions.
(b) The name of the proposed district, which name shall contain
the words "____ Municipal Water District."
(c) A statement that the first directors will be elected at the
election and will take office if the district is formed.
(d) The names of the candidates for the office of director for
each of the divisions.

71165. The following measure shall be submitted at the formation
election:
"Shall the proposition to form the ____ Municipal Water District
under the Municipal Water District Law of 1911 be adopted "

71166. No person may vote at any formation election unless he is a
voter.

71167. Within seven days after the formation election the board of
supervisors shall canvass the vote.

71168. If less than a majority of the votes cast in any affected
county are in favor of the proposition, the formation of the district
fails, but without prejudice to renewing proceedings at any time
after six months from the date of the formation election.

71169. The first directors shall be elected at the formation
election.

71170. One director shall be elected for each division by the
voters of the division. Each director shall be a resident of the
division for which he is elected.

71171. Except as otherwise provided in this division, the
candidates shall declare their candidacy and shall be nominated, the
election shall be held and conducted, the vote canvassed, the result
declared, and the certificates of election issued in accordance with
the provisions of the Elections Code, so far as they may be
applicable.

71172. If a majority of the votes cast in each affected county at
the formation election favor the formation of the district, each
candidate for director who receives the highest number of votes in
his division is elected as a director of the district.