SECTIONS 71690-71700 - California Statutes

WATER CODE

SECTION 71690-71700

71690. A district may, within or without the district:
(a) Take real and personal property of every kind by grant,
purchase, gift, device, or lease.
(b) Hold, use, enjoy, lease, or dispose of real and personal
property of every kind.

71691. A district may:
(a) Acquire, or contract to acquire, waterworks or a waterworks
system, waters, water rights, lands, rights, and privileges.
(b) Construct, maintain, and operate conduits, pipelines,
reservoirs, works, machinery, and other property useful or necessary
to store, convey, supply, or otherwise make use of water for a
waterworks plant or system for the benefit of the district.
(c) Complete, extend, add to, repair, or otherwise improve any
waterworks or waterworks system acquired by the district.
(d) Carry on and conduct waterworks or a waterworks system.
(e) Construct, maintain, and operate works, facilities
improvements and property of the district useful or necessary for the
provision, generation, and delivery of hydroelectric power pursuant
to Sections 71662 and 71663.

71692. A district may lease from any person, or public corporation
or agency, with the privilege of purchasing or otherwise, all or any
part of water storage, transportation, or distribution facilities,
existing waterworks, or a waterworks system.

71693. A district may exercise the right of eminent domain to take
any property necessary to supply the district or any portion thereof
with water. The district, in exercising such power, shall, in
addition to the damage for the taking, injury, or destruction of
property, also pay the cost of removal, reconstruction, or relocation
of any structure, railways, mains, pipes, conduits, wires, cables,
or poles of any public utility which is required to be removed to a
new location.

71694. A district may exercise the right of eminent domain to take
any property necessary to carry out any powers of the district. The
district, in exercising such right, shall, in addition to the damage
for the taking, injury, or destruction of property, also pay the cost
of removal, reconstruction, or relocation of any structure,
railways, mains, pipes, conduits, wires, cables, or poles of any
public utility which is required to be removed to a new location.
A district shall not exercise the right of eminent domain, under
this section, for the condemnation of property outside the boundaries
of the district for any purpose, unless it first obtains the consent
thereto of the board of supervisors of the county in which such
property is located; provided, however, that a district may exercise
the right of eminent domain, under this section, for the condemnation
of property outside the boundaries of the district for the
acquisition of rights-of-way in any county in which territory of the
district is located or in any county adjacent to such county without
obtaining the consent of the board of supervisors thereof.
When a district proposes to exercise the power of eminent domain,
under this section, for the condemnation of property outside the
boundaries of the district for the acquisition of rights-of-way in
any county in which territory of the district is located or in any
county adjacent to such county, it shall give written notice, at
least two weeks prior to condemning the property, to the board of
supervisors of the county in which the property is located. Such
written notice shall contain a description of the property to be
condemned.

71695. A district may construct works along and across any stream
of water, watercourse, street, avenue, highway, canal, ditch, or
flume, or across any railway which the route of the works may
intersect or cross. Such works shall be constructed in such manner as
to afford security for life and property, and the district shall
restore the crossings and intersections to their former state as near
as may be, or in a manner so as not to have impaired unnecessarily
their usefulness.

71696. Every company whose right-of-way is intersected or crossed
by district works shall unite with the district in forming the
intersections or crossings and grant the rights therefor.

71697. (a) A district may locate, construct, and maintain district
works along and across any street or public highway and on any lands
that are now or hereafter owned by the state; and a district has the
same rights and privileges appertaining thereto as have been or may
be granted to cities within the state. For districts whose territory
includes any portion of the redevelopment project area referenced in
subdivision (e) of Section 33492.41 of the Health and Safety Code,
the exercise of this right shall not be subject to any permitting and
approval requirements of any local agency other than the municipal
water district that is locating, constructing, or maintaining these
district works to the extent that this right is exercised for the
purpose of providing facilities or services related to development,
as defined in subdivision (e) of Section 56426 of the Government
Code, to or in that portion of the redevelopment project area that,
as of January 1, 2000, meets all of the following requirements:
(1) Is unincorporated territory.
(2) Contains at least 100 acres.
(3) Is surrounded or substantially surrounded by incorporated
territory.
(4) Contains at least 100 acres zoned for commercial or industrial
uses or is designated on the applicable county general plan for
commercial or industrial uses.
(b) Facilities or services related to development may be provided
by the district to all or any portion of the area defined in
paragraphs (1) to (4), inclusive, of subdivision (a). Notwithstanding
any other provision of the Government Code, building ordinances,
zoning ordinances, and any other local ordinances, rules, and
regulations of a city or other political subdivision of the state
shall not apply to the location, construction, or maintenance of
facilities or services related to development pursuant to this
section.

71698. Any use by the district of a public highway now or hereafter
constituted a state highway shall be subject to the provisions of
Chapter 3 (commencing with Section 660) of Division 1 of the Streets
and Highways Code.

71699. No publicly owned utility shall commence to provide any
water service for, on, or to any land within a municipal water
district which is subject to (1) the lien of a bonded indebtedness
incurred by the district for the purpose of providing a service
similar to that which the utility proposes to provide or (2) a lien
of an indebtedness arising under any contract between the district
and the United States of America incurred or contracted by the
district for the purpose of providing water service; provided, that a
majority of the voters voting at an election within the district
have approved the incurrence of the indebtedness and, provided
further, that the district has water available and is ready, able,
and willing to serve such land.
However, a publicly owned utility may commence to provide service,
otherwise prohibited, upon either of the following conditions:
(a) In any portion of such a municipal water district proposed to
be served by the publicly owned utility in which the total number of
registered voters residing therein is less than 12, and in which the
municipal water district (1) receives the written consent of at least
a majority of the owners of real property holding at least a
majority in value of the real property and (2) consents to the
service by resolution.
(b) In any portion of such a municipal water district proposed to
be served by the publicly owned utility in which the total number of
registered voters residing therein is 12 or more, and in which at
least a majority of the voters voting on the proposition shall have
voted at a special municipal water district election to permit such
service within that portion of the district. The election shall be
called and held within that portion of the district in the same
manner as an initiative measure pursuant to Section 71530.

71700. Any publicly owned utility which commences to provide any
water service for, on, or to any land within a municipal water
district which is providing service to the land and which land at the
commencement of such service is subject to the lien of a bonded or
contract indebtedness with revenues pledged for their payment, shall
reimburse the district from the water revenues derived from charges
made for service to such land, the amount which would have been paid
by the district from water revenues for such bond or contract
payments.