Article 1. Petition For Formation of California Water Code >> Division 11. >> Part 7. >> Chapter 1. >> Article 1.
Land which need not be contiguous may be formed into an
improvement district for one or more of the following:
(a) Irrigation or domestic water service by a system of pumps or
conduits or both.
(b) Drainage or flood control.
(c) Acquisition of existing works incidental to a water
distribution system separate from or supplemental to the works of the
district.
(d) Change or improvement of the water distribution system of the
district.
(e) Maintenance of irrigation works of the district and works for
water supply or drainage or both in or for the improvement district.
(f) Control of weeds in or along conduits.
As used in connection with improvement districts:
(a) "Improvement" includes acquisition of existing works,
construction of new works, and change of existing works and excludes
operation, maintenance, and weed control.
(b) "Construction" includes change of existing works.
(c) Both "operation" and "maintenance" include weed control.
The formation of an improvement district may be proposed and
the petition therefor shall be signed by two-thirds or more in
number of the holders of title to the land in the proposed
improvement district.
A petition for the formation of an improvement district
shall contain all of the following:
(a) Statement of the plans of the proposed improvement.
(b) Description of the land in the proposed improvement district.
(c) Names of the owners of all land within the proposed
improvement district with their last known addresses.
(d) Description of the land owned in the proposed improvement
district by each owner, which shall be according to the next
preceding equalized assessment book of the district. District owned
land in the proposed improvement district shall be described whether
or not it appears on the next preceding assessment book of the
district.
(e) Signatures of the petitioners.
The petition, all proceedings in reference to it, the
improvement district, and the land in it shall be designated by a
number.
The petition may consist of any number of separate
instruments, which shall be duplicates except as to signatures.
A petition to form an improvement district shall be filed
with the secretary in the office of the district and may be inspected
by all persons interested.
Notwithstanding Section 23602, or any other provision of law
to the contrary, in the Palmdale Irrigation District the formation
of an improvement district may be proposed by the board of the
district. In such event no petition shall be required for the
formation of the improvement district, but the board shall give
notice of and hold a hearing on the proposal as nearly as practicable
in accordance with the provisions of this chapter. If the board
finds that it would be for the best interests of the district and the
proposed improvement district to form the improvement district, it
shall proceed with the formation of the improvement district as
nearly as practicable in accordance with the provisions of this
chapter, except that it shall not enter a final order forming the
improvement district unless the formation of the improvement district
as proposed by the board is approved by the voters of the proposed
improvement district at an election held within the proposed
improvement district at which a majority of the voters voting on the
proposition approve the formation of the improvement district as
proposed by the board. Such election may be consolidated with any
other election held within the district.
At the time of the hearing on the proposed improvement district,
the board of directors may also determine that it is in the best
interests of the district and of the improvement district that bonds
be sold to finance the acquisition of any existing improvements
within the improvement district and the construction of other
improvements therein. An election shall then be called to submit to
the voters the proposal of whether or not bonds in the amount
determined by the board should be authorized, and the election shall
be called and held pursuant to the provisions of Chapter 4
(commencing with Section 21925) of Part 4 of this division. In that
event the bond election shall be consolidated with the election for
the formation of the improvement district and the improvement
district shall not be formed unless two-thirds of the votes cast are
in favor of both the formation of the district and the issuance of
the bonds.
Notwithstanding Section 23602, or any other provision of law
to the contrary, in the Littlerock Creek Irrigation District the
formation of an improvement district may be proposed by the board of
the district. In such event no petition shall be required for the
formation of the improvement district, but the board shall give
notice of and hold a hearing on the proposal as nearly as practicable
in accordance with the provisions of this chapter. If the board
finds that it would be for the best interests of the district and the
proposed improvement district to form the improvement district, it
shall proceed with the formation of the improvement district as
nearly as practicable in accordance with the provisions of this
chapter, except that it shall not enter a final order forming the
improvement district unless the formation of the improvement district
as proposed by the board is approved by the voters of the proposed
improvement district at an election held within the proposed
improvement district at which a majority of the voters voting on the
proposition approve the formation of the improvement district as
proposed by the board. Such election may be consolidated with any
other election held within the district.
At the time of the hearing on the proposed improvement district,
the board of directors may also determine that it is in the best
interests of the district and of the improvement district that bonds
be sold to finance the acquisition of any existing improvements
within the improvement district and the construction of other
improvements therein. An election shall then be called to submit to
the voters the proposal of whether or not bonds in the amount
determined by the board should be authorized, and the election shall
be called and held pursuant to the provisions of Chapter 4
(commencing with Section 21925) of Part 4 of this division. In that
event the bond election shall be consolidated with the election for
the formation of the improvement district and the improvement
district shall not be formed unless two-thirds of the votes cast are
in favor of both the formation of the district and the issuance of
the bonds.