Article 1. Actions And Proceedings of California Water Code >> Division 11. >> Part 5. >> Chapter 4. >> Article 1.
A district may commence and maintain any actions and
proceedings to carry out its purposes or protect its interests and
may defend in any action or proceeding brought against it.
In all actions or proceedings the board may sue, appear, and
defend in person or by attorneys and in the name of the district.
(a) Except as specified in subdivision (b), any judicial
action or proceeding against a district to attack, review, set aside,
void, or annul an ordinance, resolution, or motion fixing or
changing a rate or charge for an electric commodity or an electric
service furnished by the district and adopted on or after July 1,
2000, shall be commenced within 120 days of the effective date of
that ordinance, resolution, or motion.
(b) The statute of limitations specified in subdivision (a) does
not apply to any judicial action or proceeding filed pursuant to
Chapter 13.7 (commencing with Section 54999) of Part 1 of Division 2
of Title 5 of the Government Code to protest or challenge a rate or
charge or to seek the refund of a capital facilities fee if the
notice and disclosure requirements of Section 54999.35 of the
Government Code have not been followed.
Service of summons upon a district may be made by serving it
upon either the secretary or a majority of the directors elected.
Before an action or proceeding by the holders of bonds of a
district to compel or restrain the doing of an act by the district or
its board may be commenced or maintained, the holders of 10 per cent
or more of the outstanding bonds of the district shall join in the
action or proceeding as plaintiffs, petitioners, or applicants for
the relief sought.
A district may commence, maintain, intervene in, compromise,
and assume the costs of any action or proceeding involving or
affecting the ownership or use of waters or water rights within the
district used or useful for any purpose of the district or of benefit
to any land.
A district may commence, maintain, intervene in, defend, and
compromise actions and proceedings to prevent interference with or
diminution of the natural flow of any stream or natural or
artificially created subterranean supply of waters which may:
(a) Be used or be useful for any purpose of the district.
(b) Be of common benefit to the land or its inhabitants.
(c) Endanger the inhabitants or the land.