Added by Stats. 1943, Ch. 372.
Unless the context otherwise requires, the provisions of this chapter shall govern the construction of this division.
Chapter 2 - Definitions
California Water Code — §§ 20510-20543
Sections (43)
Added by Stats. 1943, Ch. 372.
The definition of a word applies to any of its variants.
Added by Stats. 1943, Ch. 372.
“Include” except when used in relation to the inclusion of land into a district does not necessarily exclude matters not enumerated.
Added by Stats. 1943, Ch. 372.
“District” means any irrigation district formed pursuant to any law of this State or to this division except the Palo Verde Irrigation District.
Added by Stats. 1943, Ch. 372.
“Improvement district” means an improvement district formed pursuant to the Irrigation District Improvement Act or to this division.
Added by Stats. 1943, Ch. 372.
“Rules” include “regulations.”
Amended by Stats. 1974, Ch. 545.
“Land” except in Chapter 2A (commencing with Section 23800) of Part 7 and Chapter 2 (commencing with Section 26875) of Part 11 means land in the district or proposed district involved.
Amended by Stats. 1968, Ch. 244.
“Principal county” means the county in which all the land is situated, or if the land is situated in more than one county, the county in which the greatest portion of the area of the land is situated.
In proceedings for consolidation or reorganization of districts having different principal counties, the term “principal county” means the county in which the greatest portion of the total combined acreage in the districts to be consolidated or reorganized is located.
Added by Stats. 1943, Ch. 372.
“Affected county” means any county in which land is situated.
Amended by Stats. 1973, Ch. 840.
“Office county” means the county in which the principal office of a district is kept.
Added by Stats. 1943, Ch. 372.
“Board” means the board of directors of a district.
Added by Stats. 1943, Ch. 372.
“President” means the president of the board.
Added by Stats. 1943, Ch. 372.
“Secretary” means the secretary of the board.
Amended by Stats. 1975, Ch. 206.
“Elective officers” irrespective of the method of selection in any particular instance are:
(a)A director from each division except as otherwise provided in this division.
(b)An assessor, a collector, and a treasurer, except when one or more of such officers are appointed pursuant to Section 21123.
Amended by Stats. 1965, Ch. 2019.
“General district election” is the district election required to be held on the first Tuesday after the first Monday in November in each odd-numbered year.
Added by Stats. 1943, Ch. 372.
“Bond election” means an election provided for in Chapter 4 of Part 4.
Added by Stats. 1943, Ch. 372.
“Elector,” “voter,” and “precinct board” have respectively the same meaning as in the Elections Code, but an “elector” or “voter” shall also be a resident of the district or proposed district involved.
Amended by Stats. 1979, Ch. 730.
Notwithstanding Section 20527, or any other provision of law to the contrary, in the Jackson Valley Irrigation District every owner of real property within the district, but no others, may vote at elections for directors or otherwise. Such owners need not be residents of the district in order to qualify as voters. The last equalized assessment book of the district is conclusive evidence of the ownership of real property so owned, except that in the event that an assessment for a district shall not have been made and levied for the year in which the election is held or an equalized assessment book prepared, the last equalized county assessment roll shall be used in lieu of the assessment book of the district. Where land is owned in joint tenancy, tenancy in common, or any other multiple ownership, the owners of such land shall designate in writing which one of the owners shall be deemed the owner of such land for purposes of qualifying as a voter.
The legal representative of a corporation or estate owning real property may vote on behalf of such corporation or estate. As used in this section, legal representative means an official of a corporation owning real property, and means a guardian, conservator, executor, or administrator of the estate of the holder of title to real property who:
(a)Is appointed under the laws of this state.
(b)Is entitled to the possession of the estate’s real property.
(c)Is authorized by the appointing court to exercise the particular right, privilege, or immunity which he seeks to exercise.
Before a legal representative votes at a district election he shall present to the precinct board a certified copy of his authority which shall be kept and filed with the returns of the election.
Amended by Stats. 1990, Ch. 281, Sec. 1.
(a)Notwithstanding Section 20527, or any other provision of law to the contrary, in the Camp Far West Irrigation District in Placer and Yuba Counties, “elector” and “voter” shall mean a person, corporation, or other entity owning land within the district. At any district election in the Camp Far West Irrigation District, only landowners may vote, and they need not be residents of the district in order to qualify as voters. Each landowner shall have one vote for each dollar’s worth of land to which he or she holds title. The last equalized assessment book of the district shall be conclusive evidence of ownership and of the value of the land so owned, except that in the event that an assessment for the district shall not have been made and levied for the year in which the election is held, the last equalized assessment roll of the county in which the land is located shall be used in lieu of the assessment book of the district. Where land is owned in joint tenancy, tenancy in common, or any other multiple ownership, the owners of the land may designate in writing which one of the owners shall be deemed the owner of the land for purposes of qualifying as a voter. In the absence of that designation each owner shall be entitled to vote his pro rata share of the total value of the land in such multiple ownership.
(b)Every landowner, or the legal representative of a corporation, estate, or trust owning land within the district, may vote at any district election, either in person or by a person duly appointed as his proxy.
(c)As used in this section, “legal representative” means any of the following:
(1)An authorized official of a corporation owning land in the district.
(2)The trustees of an express trust which owns land in the district.
(3)The executor, administrator, guardian of the estate, or conservator of the estate of a holder of title to land in the district who is appointed under the laws of this state, is entitled to possession of the land, and who is authorized by the appointing court to vote in the election.
(d)Before a legal representative votes at a district election, he or she shall present to the precinct board a certified copy of his or her authority, which shall be kept and filed with the returns of the election. No appointment of a proxy shall be valid, accepted, or vote allowed thereon at any district election unless it meets all the following requirements:
(1)It is in writing.
(2)It is executed by the person or legal representative of the person who is entitled to the votes for which the proxy is given.
(3)It is acknowledged.
(4)It specifies the election at which it is to be used. An appointment of a proxy shall be used only at the election specified.
(e)Every appointment of a proxy is revocable at the pleasure of the person executing it at any time before the person appointed as proxy shall have cast a ballot representing the votes for which the appointment was given.
(f)Notwithstanding Section 21100 or any other provision of law, any voter, as defined in this section, is eligible to be a member of the Board of Directors of the Camp Far West Irrigation District, provided that the voter shall be a freeholder within the division that the voter represents, during the entire term.
Amended by Stats. 1979, Ch. 730.
Notwithstanding Section 20527, or any other provision of law, in the Montague Water Conservation District in Siskiyou County every owner of real property within the district, but no others, may vote at elections for directors or otherwise. Such owners need not be residents of the district in order to qualify as voters. The last equalized county assessment role is conclusive evidence of ownership of the real property so owned. Where land is owned in joint tenancy, tenancy in common, or any other multiple ownership, the owners of such land shall designate in writing which one of the owners shall be deemed the owner of such land for purposes of qualifying as a voter.
The legal representative of a corporation or estate owning real property may vote on behalf of such corporation or estate. As used in this section, legal representative means an official of a corporation owning real property or a guardian, conservator, executor, or administrator of the estate of the holder of title to real property who:
(a)Is appointed under the laws of this state.
(b)Is entitled to the possession of the estate’s real property.
(c)Is authorized by the appointing court to exercise the particular right, privilege, or immunity which he seeks to exercise. Before a legal representative votes at a district election, he shall present to the precinct board a certified copy of his authority which shall be kept and filed with the returns of the election.
Every voter, or his legal representative, may vote at any district election either in person or by a person duly appointed as his proxy, but shall be entitled to cast only one vote. The appointment of a proxy shall be as provided in Section 35005.
Notwithstanding Section 21100 or any other provision of law, any voter as defined in this section is eligible to be a member of the Board of Directors of the Montague Water Conservation District.
Amended by Stats. 1979, Ch. 730.
Notwithstanding Section 20527, or any other provision of law, in the Cordua Irrigation District every owner of land within the district, but no others, may vote at elections for directors or otherwise. Such owners need not be residents of the district in order to qualify as voters. Each voter shall be entitled to cast one vote for each one hundred dollars ($100) of assessed valuation of land to which he has title. The last equalized county assessment role is conclusive evidence of ownership and of the value of the land so owned. Where land is owned in joint tenancy, tenancy in common, or any other multiple ownership, the owners of such land shall designate in writing which one of the owners shall be deemed the owner of such land for purposes of qualifying as a voter.
The legal representative of a corporation or estate owning real property may vote on behalf of such corporation or estate. As used in this section, legal representative means an official of a corporation owning real property or a guardian, conservator, executor, or administrator of the estate of the holder of title to real property who:
(a)Is appointed under the laws of this state.
(b)Is entitled to the possession of the estate’s real property.
(c)Is authorized by the appointing court to exercise the particular right, privilege, or immunity which he seeks to exercise. Before a legal representative votes at a district election, he shall present to the precinct board a certified copy of his authority which shall be kept and filed with the returns of the election.
Every voter, or his legal representative, may vote at any district election either in person or by a person duly appointed as his proxy. The appointment of a proxy shall be as provided in Section 35005.
Notwithstanding Section 21100 or any other provision of law, any voter as defined in this section is eligible to be a member of the Board of Directors of the Cordua Irrigation District or to serve as an elective officer of the district.
Amended by Stats. 1979, Ch. 730.
Notwithstanding Section 20527, or any other provision of law, in the Provident Irrigation District in Glenn and Colusa Counties every owner of real property within the district, but no others, may vote at elections for directors or otherwise. Such owners need not be residents of the district in order to qualify as voters. The last equalized county assessment role is conclusive evidence of ownership of the real property so owned. Where land is owned in joint tenancy, tenancy in common, or any other multiple ownership, the owners of such land shall designate in writing which one of the owners shall be deemed the owner of such land for purposes of qualifying as a voter.
The legal representative of a corporation or estate owning real property may vote on behalf of such corporation or estate. As used in this section, legal representative means an official of a corporation owning real property or a guardian, conservator, executor, or administrator of the estate of the holder of title to real property who:
(a)Is appointed under the laws of this state.
(b)Is entitled to the possession of the estate’s real property.
(c)Is authorized by the appointing court to exercise the particular right, privilege, or immunity which he seeks to exercise. Before a legal representative votes at a district election, he shall present to the precinct board a certified copy of his authority which shall be kept and filed with the returns of the election.
Every voter, or his legal representative, may vote at any district election either in person or by a person duly appointed as his proxy, but shall be entitled to cast only one vote. The appointment of a proxy shall be as provided in Section 35005.
Notwithstanding Section 21100 or any other provision of law, any voter as defined in this section is eligible to be a member of the Board of Directors of the Provident Irrigation District.
Amended by Stats. 1987, Ch. 56, Sec. 180.
Notwithstanding Section 20527 or any other provision of law, in the Big Springs Irrigation District in Siskiyou County and in the Princeton-Codora-Glenn Irrigation District, every owner of real property within the district, but no others, may vote at elections for directors or otherwise. Owners need not be residents of the district in order to qualify as voters. The last equalized county assessment roll is conclusive evidence of ownership of the real property so owned. Where land is owned in joint tenancy, tenancy in common, or any other multiple ownership, the owners of the land shall designate in writing which one of the owners shall be deemed the owner of the land for purposes of qualifying as a voter.
The legal representative of a corporation or estate owning real property may vote on behalf of the corporation or estate. As used in this section, legal representative means an official of a corporation owning real property or a guardian, conservator, executor, or administrator of the estate of the holder of title to real property who is all of the following:
(a)Appointed under the laws of this state.
(b)Entitled to the possession of the estate’s real property.
(c)Authorized by the appointing court to exercise the particular right, privilege, or immunity which the legal representative seeks to exercise. Before a legal representative votes at a district election, the legal representative shall present to the precinct board a certified copy of his or her authority which shall be kept and filed with the returns of the election.
Every voter, or his or her legal representative, may vote at any district election either in person or by a person duly appointed as his or her proxy, but shall be entitled to cast only one vote. The appointment of a proxy shall be as provided in Section 35005.
Notwithstanding Section 21100 or any other provision of law, any voter, as defined in this section, is eligible to be a member of the Board of Directors of the Big Springs Irrigation District or the Board of Directors of the Princeton-Codora-Glenn Irrigation District.
Amended by Stats. 1994, Ch. 923, Sec. 224. Effective January 1, 1995.
(a)Notwithstanding Section 20527 or any other provision of law, in the Glenn Colusa Irrigation District, every owner of real property within the district, but no others, may vote at district elections. Owners need not be residents of the district in order to qualify as voters.
(b)The last equalized district assessment roll is conclusive evidence of ownership of the real property.
(c)(1) If land is owned in joint tenancy, tenancy in common, or any other multiple ownership, the owners of the land shall designate, in writing, which one of the owners is deemed the owner of the land for purposes of qualifying as a voter.
(2)The designation shall be made upon a form provided by the district, and shall be filed with the district at least 40 days prior to the election and shall remain in effect until amended or revoked. No amendment or revocation may occur within the period of 39 days prior to any election.
(d)The district shall provide a list of eligible voters pursuant to Section 10525 of the Elections Code at least 35 days prior to an election, which list shall provide for the limitation of one vote for each owner as specified in this section.
(e)The legal representative of a corporation or estate owning real property may vote on behalf of the corporation or estate.
(f)(1) Every voter, or his or her legal representative, may vote at any district election either in person or by a person appointed as his or her proxy, but may cast only one vote.
(2)The Glenn Colusa Irrigation District has the powers of a California water district with regard to Section 35005 and the appointment of a proxy shall be pursuant to that section.
(g)Notwithstanding Section 21100 or any other provision of law, any voter, as specified in this section, may be a member of the Board of Directors of the Glenn Colusa Irrigation District as long as the voter is a landowner within the division that the voter represents, unless divisions are abolished as provided in Section 21550.
(h)(1) As used in this section, “legal representative” means an official of a corporation owning real property or a guardian, conservator, executor, or administrator of the estate of the holder of title to real property who is all of the following:
(A) Appointed under the laws of this state.
(B) Entitled to the possession of the estate’s real property.
(C) Authorized by the appointing court to exercise the particular right, privilege, or immunity which the legal representative seeks to exercise.
(2)Before a legal representative votes at a district election, the legal representative shall present to the precinct board a certified copy of his or her authority which shall be kept and filed with the returns of the election.
Amended by Stats. 2006, Ch. 538, Sec. 681. Effective January 1, 2007. Conditionally inoperative as provided in subd. (i).
(a)The Board of Directors of the Richvale Irrigation District may adopt a resolution that authorizes persons holding title to real property within the district, or their legal representative, to vote. Holders of title need not be residents of the district in order to qualify as voters. Each eligible voter shall be entitled to cast only one vote.
(b)The last equalized county assessment roll is conclusive evidence of ownership of the real property.
(c)(1) If land is owned in joint tenancy, tenancy in common, community property, or any other multiple ownership, the owners of the land shall designate, in writing, which one of the owners is deemed the owner of the land for purposes of qualifying as a voter.
(2)The designation shall be made upon a form provided by the district, shall be filed with the district at least 40 days prior to the election, and shall remain in effect until amended or revoked. No amendment or revocation may occur within the period of 39 days prior to any election.
(d)The district shall provide to the elections clerk a list of eligible voters pursuant to Section 10525 of the Elections Code at least 35 days prior to an election.
(e)The legal representative of a corporation or estate owning real property may vote on behalf of the corporation or estate.
(f)(1) Every voter, or his or her legal representative, may vote at any district election either in person or by a person appointed as his or her proxy.
(2)Voting by legal representatives and the appointment of a proxy shall be allowed in accordance with Sections 35005 and 35006 of the Water Code.
(g)Notwithstanding Section 21100, any eligible voter, as specified in this section, may be a member of the Board of Directors of the Richvale Irrigation District.
(h)(1) As used in this section, “legal representative” means an official of a corporation owning real property or a guardian, conservator, executor, or administrator of the estate of the holder of title to real property who is all of the following:
(A) Appointed under the laws of this state.
(B) Entitled to the possession of the estate’s real property.
(C) Authorized by the appointing court to exercise the particular right, privilege, or immunity that the legal representative seeks to exercise.
(2)As used in this section, “eligible voter” means a person who meets the requirements of Section 20527 or a person who is a holder of title to real property within the district.
(3)The Board of Directors of the Richvale Irrigation District may, not less than 120 days before the next general district election, abolish the divisions of the district for that election. The abolishment of the divisions shall be effective only for that general election, unless the question of abolishing the divisions is presented to the voters at that election and a majority of the votes cast on that question are in favor of abolishing the divisions for future elections.
(i)(1) This section shall be operative as long as the district does not provide water, drainage services, electricity, flood control services, or sewage disposal services for domestic purposes for residents of the district.
(2)(A) This section shall become inoperative if the district commences to provide any of the services described in paragraph (1).
(B)The district shall notify the Secretary of State 30 days prior to commencing to provide any of the services described in paragraph (1). The notice required by this subparagraph shall state that it is being made pursuant to this subdivision.
Added by Stats. 2000, Ch. 1078, Sec. 12. Effective January 1, 2001. Conditionally inoperative as prescribed by its own provisions.
(a)(1) This section only applies to the James Irrigation District. As used in this section, “district” means the James Irrigation District.
(2)Notwithstanding Section 20527 or any other provision of law, in the district, every owner of real property within the district, but no others, may vote at district elections. Owners need not be residents of the district in order to qualify as voters.
(b)The last equalized district assessment roll is conclusive evidence of ownership of the real property.
(c)(1) If land is owned in joint tenancy, tenancy in common, or any other multiple ownership, the owners of the land shall designate, in writing, which one of the owners is deemed the owner of the land for purposes of qualifying as a voter.
(2)The designation shall be made upon a form provided by the district, and shall be filed with the district at least 40 days prior to the election and shall remain in effect until amended or revoked. No amendment or revocation may occur within the period of 39 days prior to any election.
(d)The district shall provide a list of eligible voters pursuant to Section 10525 of the Elections Code at least 35 days prior to an election, which list shall provide for the limitation of one vote for each owner as specified in this section.
(e)The legal representative of a corporation or estate owning real property may vote on behalf of the corporation or estate.
(f)(1) Every voter, or his or her legal representative, may vote at any district election either in person or by a person appointed as his or her proxy, but may cast only one vote.
(2)The district has the powers of a California water district with regard to Section 35005 and the appointment of a proxy shall be pursuant to that section.
(g)Notwithstanding Section 21100 or any other provision of law, any voter, as specified in this section, may be a member of the board of the district as long as the voter is a landowner within the division that the voter represents, unless divisions are abolished as provided in Section 21550.
(h)(1) As used in this section, “legal representative” means an official of a corporation owning real property or a guardian, conservator, executor, or administrator of the estate of the holder of title to real property who is all of the following:
(A) Appointed under the laws of this state.
(B) Entitled to the possession of the estate’s real property.
(C) Authorized by the appointing court to exercise the particular right, privilege, or immunity which the legal representative seeks to exercise.
(2)Before a legal representative votes at a district election, the legal representative shall present to the precinct board a certified copy of his or her authority which shall be kept and filed with the returns of the election.
(i)The board of the district, not less than 120 days before the general district election to be held in 2001, may abolish the divisions of the district for that election. The abolishment of the division shall be effective only for that general district election, unless the question of abolishing the division is presented to the voters at that election and a majority of the votes cast on that question are in favor of abolishing the divisions for future elections.
(j)(1) This section shall be operative as long as the district does not provide water, drainage services, electricity, flood control services, or sewage disposal services for domestic purposes for residents of the district.
(2)(A) This section shall become inoperative if the district commences to provide any of the services described in paragraph (1).
(B)The district shall notify the Secretary of State 30 days prior to commencing to provide any of the services described in paragraph (1). The notice required by this subparagraph shall state that it is being made pursuant to this subdivision.
Amended by Stats. 2001, Ch. 606, Sec. 9. Effective October 9, 2001. Conditionally inoperative as provided in subd. (i).
(a)(1) This section only applies to the Corcoran Irrigation District. As used in this section, “district” means the Corcoran Irrigation District.
(2)Notwithstanding Section 20527 or any other provision of law, in the district, every owner of real property within the district, but no others, may vote at district elections. Owners need not be residents of the district in order to qualify as voters.
(b)The last equalized district assessment roll is conclusive evidence of ownership of the real property.
(c)(1) If land is owned in joint tenancy, tenancy in common, or any other multiple ownership, the owners of the land shall designate, in writing, which one of the owners is deemed the owner of the land for purposes of qualifying as a voter.
(2)The designation shall be made upon a form provided by the district, and shall be filed with the district at least 40 days prior to the election and shall remain in effect until amended or revoked. No amendment or revocation may occur within the period of 39 days prior to any election.
(d)The district shall provide a list of eligible voters pursuant to Section 10525 of the Elections Code at least 35 days prior to an election, which list shall provide for the limitation of one vote for each owner as specified in this section.
(e)The legal representative of a corporation or estate owning real property may vote on behalf of the corporation or estate.
(f)(1) Every voter, or his or her legal representative, may vote at any district election either in person or by a person appointed as his or her proxy, but may cast only one vote.
(2)Proxies shall be appointed pursuant to Section 35005.
(g)(1) Notwithstanding Section 21100 or any other provision of law, any voter or a voter’s legal representative, as defined in this section, may be a member of the board of the district as long as the voter is a landowner within the division that the voter represents, unless the divisions have been abolished, as provided in Section 21550, and the voter resides within the boundaries of the district or the City of Corcoran.
(2)The requirements of this subdivision apply to any board member who is elected, or appointed to fill a vacancy, on or after the effective date of the act adding this subdivision.
(h)(1) As used in this section, “legal representative” means an official of a corporation owning real property or a guardian, conservator, executor, or administrator of the estate of the holder of title to real property who is all of the following:
(A) Appointed under the laws of this state.
(B) Entitled to the possession of the estate’s real property.
(C) Authorized by the appointing court to exercise the particular right, privilege, or immunity which the legal representative seeks to exercise.
(2)Before a legal representative votes at a district election, the legal representative shall present to the precinct board a certified copy of his or her authority which shall be kept and filed with the returns of the election.
(i)(1) This section shall be operative as long as the district does not provide water, drainage services, electricity, flood control services, or sewage disposal services for domestic purposes for residents of the district.
(2)(A) This section shall become inoperative if the district commences to provide any of the services described in paragraph (1).
(B)The district shall notify the Secretary of State 30 days prior to commencing to provide any of the services described in paragraph (1). The notice required by this subparagraph shall state that it is being made pursuant to this subdivision.
Added by Stats. 1943, Ch. 372.
“Holder of title” includes a holder of evidence of title and, also, a holder of land under a possessory right acquired by entry or purchase from the United States or the State of California.
Added by Stats. 1943, Ch. 372.
“Property” except in Part 10 embraces all real and personal property, including water, water rights, works, franchises, concessions and rights.
Added by Stats. 1943, Ch. 372.
“Works” includes dams, reservoirs, wells, conduits, pumps, power houses, power generating equipment, power lines, and their appurtenances.
Added by Stats. 1943, Ch. 372.
“Conduits” include canals, laterals, ditches, flumes, pipes, and their appurtenances.
Added by Stats. 1943, Ch. 372.
“Acquire” includes construct, purchase, lease, exchange, condemn, jointly acquire when joint acquisition is permitted, and contract to acquire.
Added by Stats. 1943, Ch. 372.
“Dispose” includes lease, sell, contract to lease, contract to sell, and the making of any instrument necessary therefor.
Added by Stats. 1943, Ch. 372.
“Operate” includes use, maintain, and repair.
Added by Stats. 1943, Ch. 372.
“Assessee” means the person to whom property is assessed.
Added by Stats. 1943, Ch. 372.
“Assessment book” includes any substantial record showing the information required to be kept in it, whether in the form of bound volumes or of cards arranged and kept to provide a record of the assessments.
Added by Stats. 1943, Ch. 372.
“Completion assessment” means an assessment levied pursuant to Article 2 of Chapter 2 of Part 10.
Added by Stats. 1943, Ch. 372.
“Particular purpose assessment” means an assessment levied pursuant to Article 3 of Chapter 2 of Part 10.
Added by Stats. 1943, Ch. 372.
“Emergency assessment” means an assessment levied pursuant to Article 4 of Chapter 2 of Part 10.
Added by Stats. 1943, Ch. 372.
“Limited assessments” means any or all of the following:
(a)Completion assessment.
(b)Particular purpose assessment.
(c)Emergency assessment.
Added by Stats. 1943, Ch. 372.
“Charges” includes tolls.
Added by Stats. 1943, Ch. 372.
“Refund” includes fund.
Added by Stats. 1943, Ch. 372.
“Road” includes streets, highways, and alleys.