Article 3 - Final Hearing

California Water Code — §§ 20840-20850

Sections (11)

§ 20840

Added by Stats. 1943, Ch. 372.

The board of supervisors not later than its first regular meeting after the occurrence of any one of the following shall set a time for the final hearing of the formation petition:

(a)Receipt of a favorable report from the department.

(b)Modification of the project by the board to conform to the recommendations made by the department.

(c)Receipt of the requisite petition after an adverse report by the department.

(d)Expiration of the time allowed for the making of a report by the department when the report has not been received within the time allowed.

§ 20841

Added by Stats. 1943, Ch. 372.

The time set for the final hearing shall not be less than one week from the meeting at which the time is set.

§ 20842

Added by Stats. 1943, Ch. 372.

Notice of the time of the final hearing shall be given either by:

(a)Registered mail to the person designated for that purpose in the petition.

(b)Publication for at least three days in one daily newspaper published in the principal county.

§ 20843

Added by Stats. 1943, Ch. 372.

Failure to give notice of the final hearing shall not affect the validity of subsequent proceedings.

§ 20844

Added by Stats. 1943, Ch. 372.

On a final hearing the board of supervisors may adjourn from time to time, but at no time for a longer period than three days, until a determination of the matter is reached.

§ 20845

Added by Stats. 1943, Ch. 372.

At the final hearing the board of supervisors shall determine the land to be formed into the proposed district:

(a)Land shall be excluded which will not in the judgment of the board of supervisors be benefited by the project.

(b)No land included by the petition in the proposed district or in the modified project as the case may be which is susceptible of irrigation from any of the proposed, or if modified, the modified sources shall be excluded unless the owner consents to the exclusion.

(c)Riparian land and land already subject to irrigation may be included if in the judgment of the board of supervisors, it will either be benefited or the rights to the water used on it should be acquired by the proposed district.

(d)Land not included in the original formation petition, susceptible of irrigation from any of the proposed sources, may in the discretion of the board of supervisors be included on application by its owner.

§ 20846

Added by Stats. 1943, Ch. 372.

At the final hearing no evidence shall be heard against the genuineness or sufficiency of the petition or notice unless it is shown to the satisfaction of the board of supervisors that new evidence which if uncontradicted would disprove the genuineness or sufficiency of the petition or notice has been discovered since the board adopted the preliminary formation resolution. In case any new evidence is admitted, full opportunity shall be given for the introduction of evidence in rebuttal.

§ 20847

Amended by Stats. 1974, Ch. 364.

At the conclusion of the final hearing on the petition the board of supervisors shall make an order containing all of the following:

(a)Reaffirmance, when it is consistent with its conclusions, of the sufficiency of the petition and of the notice of the preliminary hearing.

(b)Recital that a report on the proposed district has been made by the department if it was in fact made, and if that be so, that it is on file in the records of the board.

(c)Description of the land as determined by the board.

(d)Name for the proposed district.

§ 20848

Added by Stats. 1943, Ch. 372.

The order on final hearing shall also contain all of the following:

(a)Division of the district into the following number of divisions, which shall be as nearly equal in size as may be practicable:

(1)Five divisions unless otherwise requested, numbered from one to five respectively.

(2)Three divisions when requested in the petition, numbered from one to three respectively.

(b)Statement, when requested in the petition, that the directors of the proposed district are to be elected at large.

(c)Statement, when and as requested in the petition, of the consolidated district offices.

§ 20849

Added by Stats. 1943, Ch. 372.

The order on final hearing shall be entered in full upon the minutes of the board of supervisors.

§ 20850

Added by Stats. 1943, Ch. 372.

A finding of the board of supervisors in favor of the genuineness and sufficiency of the petition and notice shall be conclusive against all persons except the State upon suit by the Attorney General commenced within one year after the order of the board of supervisors declaring the district formed.