SECTIONS 8655-8679 - California Statutes

WATER CODE

SECTION 8655-8679

8655. The board may determine that any land acquired by the
drainage district and deeded to the State for any right of way for
river improvement work or flood control is in excess of what is or
will be required.

8656. The Department of General Services upon request of the board
may sell the excess land at a purchase price determined upon by the
board.

8657. The Department of General Services when authorized by the
board may execute and deliver in the name and on behalf of the state,
a conveyance of such land to the purchaser upon payment of the
purchase price to the State Treasurer.

8658. The purchase price when paid to the State Treasurer shall be
credited to such fund as the board directs.

8659. All or any part of any land, right-of-way or easement
required for any work of channel excavation, enlargement,
rectification or control or for any site for the construction of any
weir, forming part of or incidental to any plan approved by the state
for flood control in the Sacramento or San Joaquin Valleys, which
land, right-of-way or easement or weir site has been or may hereafter
be acquired by the state, may, at the request of the board and with
the approval of the Department of General Services, be sold to the
drainage district at a purchase price equal to the cost thereof to
the state, to be determined by the Department of General Services,
and upon payment to the state of the purchase price, may be conveyed
to the drainage district, or to the United States, as may be
requested by the board.

8660. The Department of General Services may execute and deliver
pursuant to the next preceding section a conveyance in the name and
on behalf of the state upon payment to the State Treasurer of the
purchase price.

8661. The purchase price, when paid to the State Treasurer, shall
be credited back to the appropriation out of which the cost of
acquiring the land, right of way, easement or weir site was paid by
the State, and shall be available for the same purposes for which
such appropriation was made.

8662. Any lease of property of the drainage district for the
production of oil, gas or other hydrocarbons may be made upon such
consideration or for such royalties as may be authorized by the board
subject to the provisions of this article.

8663. The board, before ordering the lease of any property pursuant
to the next preceding section, shall, in a regular open meeting,
adopt a resolution declaring their intention to lease the property.

8664. The resolution shall:
(a) Describe the property proposed to be leased in such manner as
to identify it.
(b) Specify the minimum rental or royalty.
(c) Specify terms upon which the property will be leased.
(d) Fix time not less than three weeks thereafter for a public
meeting of the board.

8665. The meeting shall be held at the board's regular place of
meeting, at which meeting sealed proposals to lease the property will
be received and considered.

8666. Notice of the adoption of the resolution and of the time and
place for holding the meeting shall be given by publishing a notice
containing the resolution not less than once a week for three
successive weeks before the meeting, in a newspaper of general
circulation published in the county in which the drainage district or
any part thereof is situated.

8667. At the time and place fixed in the resolution for the meeting
of the board, all sealed proposals which have been received shall,
in public session, be opened, examined and declared by the board, and
of the proposals submitted which conform to all terms and conditions
specified in the resolution, and which are made by responsible
bidders, the one which is the highest shall be accepted.

8668. Upon a call for oral bidding, at the session, any person may
offer to lease the property upon the terms and conditions specified
in the resolution for a rental or royalty exceeding by at least 5 per
cent the highest of the written proposals.

8669. The highest of any of the oral bids made by a responsible
person shall be finally accepted.

8670. The board may make a final acceptance either at the same
session or at any adjourned session of the same meeting held within
the 10 days next following.

8671. The board may, at such session, if it deems the action to be
for the best public interest, reject any and all bids either written
or oral, and withdraw the property from lease.

8672. The resolution of acceptance of any bid shall provide for the
proper execution of a lease upon behalf of the drainage district,
and delivery of the lease upon performance and compliance by the
lessee of all the terms and conditions of his contract which are to
be performed concurrently with the execution of the lease.

8673. The board, in lieu of leasing property as provided in this
article, if it deems such action to be for the best public interest,
may lease lands for the production of oil, gas and other hydrocarbon
substances therefrom jointly with the lands of an adjoining
landowner.

8674. No joint lease shall be entered into until after adoption of
a resolution and publication of notice as provided in this article
and after a public meeting of the board at which protests, if any,
shall be heard.

8675. A joint lease shall provide for the payment of a minimum
royalty to the drainage district of not less than 15 per cent of the
value of the oil, gas or other hydrocarbon substances produced from
the property owned by the district.

8676. Whenever the board has acquired or shall in the future
acquire title in fee to any land in the name and in behalf of the
district and whenever, in the judgment of the board, the purposes of
the district will be satisfied by the retention of an easement or
other interest in the land less than the title in fee thereto, the
board shall take all steps necessary to sell said land reserving to
said district the easement or other interest acquired for the
purposes of the district. Conveyances of such land or interest
therein owned by the district shall be executed by the officers of
the board authorized by the board and shall be approved by the
Director of General Services.

8677. All oil, gas, oil shale, coal, phosphate, sodium, gold,
silver, and all other mineral deposits in the land are reserved to
the State and shall be reserved from sale except on a rental and
royalty basis. A purchaser of any of the land shall acquire no right,
title, or interest in or to such deposit. The right of such
purchaser shall be subject to the reservation of all oil, gas, oil
shale, coal, phosphate, sodium, gold, silver, and all other mineral
deposits, and to the conditions and limitations prescribed by law
providing for the State and persons authorized by it to prospect for,
mine, and remove such deposits, and to occupy and use so much of the
surface of the land as may be required for all purposes reasonably
extending to the mining and removal of such deposits therefrom. The
provisions of this section shall not apply to any compromise
agreement entered into with respect to such land, nor to grants of
such land to the United States when such grants are authorized by
law.

8678. Every lease, rental, letting or license to use real property
owned in fee by the Sacramento and San Joaquin Drainage District,
which is executed by the board shall be subject to the approval of
the Director of General Services.

8679. Revenues, rents, and proceeds from sale of crops from lands
under control of the board shall be paid into the State Treasury as
follows:
(a) To the current appropriation for the support of the board as
an abatement of the cost of producing or disposing of crops in such
amounts as may be approved by the Department of Finance.
(b) The balance thereof to the credit of the General Fund.