Title WAT, California Water Code

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. (Added by Stats. 1963, Ch. 156.)

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…

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 authori…

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. (Amended by Stats. 2002, Ch. 221, Sec. 196. Effective January 1, 2003.)

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 p…

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 p…

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. (Amended by Stats. 2002, Ch. 221, Sec. 199. Effective Januar…

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. (Added by Stats. 1963, Ch. 156.)

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 …

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. (Amended by Stats. 2002, Ch. 221, Sec. 201. Effective January 1, 2003.)

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. (Added by Stats. 1963, Ch. 156.)

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. (Added by Stats. 1963, Ch. 156.)

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, co…

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. (Added by Stats. 1963, Ch. 156.)

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 c…

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, r…

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 l…

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. (Added by Stats. 1963, Ch. 156.)

(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 …

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. (Added by Stats. 1963, Ch. 156.)

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 util…

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 …

The board may advance general funds of the district to accomplish the purposes of an improvement district formed pursuant to this part. (Added by Stats. 1963, Ch. 156.)

The board may provide that the district shall be repaid for any advance of funds, with interest at a rate not to exceed the interest value of money to the district, from the taxes levied exclusively upon the taxable property in the improvement district. (Amended by Stats. 1969, C…

When the boundaries of the proposed district are defined and established by the board of supervisors, it shall make an order dividing the district into three, five, or seven divisions, as requested in the formation petition. Such divisions shall be as nearly equal in area as prac…

One director, who shall be an elector of the division, shall be elected from each division by vote of the electors of the division in which such director resides. In order to qualify to be elected a director, a person shall be a qualified elector of the district and shall be a re…

When the order dividing the proposed district into divisions has been made, the board of supervisors shall call an election within the proposed district to determine whether the district shall be formed and also to elect the first board of directors if the district is formed. (Ad…

The formation election shall be held on the next established election date not less than 74 days after the date of filing the formation petition. (Amended by Stats. 1973, Ch. 1146.)

The board of supervisors shall divide the district, and the divisions thereof, into convenient precincts and fix a polling place in each precinct. There shall be at least one precinct in each division of the district. (Added by Stats. 1965, Ch. 75.)

The board of supervisors shall appoint an inspector, a judge, and two clerks for each of the precincts established to conduct the election. The inspector, judge, and clerks of election in each precinct shall constitute the board of election for such precinct. If the board of elec…

The inspector shall be chairman of the election board, and may appoint judges and clerks, if, during the progress of the election, any judge or clerk cease to act. The chairman or any member of the board of election may administer and certify oaths required to be administered dur…

The formation election shall be called by publication of notice thereof in a daily or weekly paper in each of the counties in which the district is situated, if there is one, at least once a week for three weeks previous to the election, and by posting notice thereof in three pub…

The notice of the formation election shall designate a name for the proposed district and describe the boundaries thereof. The notice shall also designate the respective election precincts and the polling place in each, the election officers, the time of the election, and the hou…

The board of supervisors shall require the clerk of the board to provide and furnish ballots for the formation election. No particular form of ballot shall be required. To the right of or below the question on the ballot, the words “Yes” and “No” shall be printed on separate line…

A nominating petition for a director in any division shall be signed by 10 or more electors entitled to vote in such division and shall be filed with the board of supervisors calling the formation election within 15 days from the first publication of the notice calling the electi…

The ballots shall contain instructions that the voters shall completely select the voting target next to the words that indicate the voter’s choice. (Amended by Stats. 2025, Ch. 303, Sec. 65. (AB 1512) Effective January 1, 2026.)

The ballots shall contain as many blank spaces for the names of directors as there are directors to be elected, and the writing of the name of any qualified person in any of the spaces shall be deemed to be a vote for such person. (Added by Stats. 1965, Ch. 75.)

Except as otherwise provided in this chapter, the formation election shall be conducted in accordance with the general election laws of this state so far as applicable. (Added by Stats. 1965, Ch. 75.)

The election officers shall publicly count the votes immediately after the close of the formation election, and shall make a report of the result of the election to the board of supervisors within five days subsequent to the holding thereof. (Added by Stats. 1965, Ch. 75.)

The board of supervisors shall, on the first Monday succeeding the formation election, if then in session, or at its next meeting, general or special, proceed to canvass the votes cast at the election. (Added by Stats. 1965, Ch. 75.)

Where a vote to form a district is lost, no petition for the formation of a district comprising any portion of the same territory shall be presented or considered for a period of 12 months thereafter. (Added by Stats. 1965, Ch. 75.)

A district, for the full exercise of its powers and the accomplishment of the purposes of this division, may within or without the district: (a) Take real and personal property of every kind by grant, appropriation, purchase, gift, devise, condemnation, or lease. (b) Hold, use, e…

The legal title to all property acquired by a district shall immediately and by operation of law vest in such district, and shall be held in trust for and set apart for the uses and purposes set forth in this division. (Added by Stats. 1965, Ch. 75.)

A district may take conveyances or other assurances for all property acquired by it. (Added by Stats. 1965, Ch. 75.)

A district may exercise the right of eminent domain to take any property necessary to be used for dams, damsites, reservoirs, reservoir sites, canals, ditches and conduits, spreading basins, sinking wells or sinking basins, or otherwise necessary to accomplish the purposes of thi…

The right of eminent domain shall not extend to any property used for, or dedicated to, cemetery purposes. (Added by Stats. 1965, Ch. 75.)