Section 25825.3 Of Article 2. Special Rate From California Water Code >> Division 11. >> Part 10. >> Chapter 3. >> Article 2.
25825.3
. (a) Within the Anderson-Cottonwood Irrigation District
only, any person having an interest in any land within the district
may file with the secretary, in lieu of the petition authorized by
Section 25825, a verified petition alleging it is appropriate to
apply a special rate of assessment to that land and, as to that land,
one of the following is applicable:
(1) His or her land, or a described portion of it, is used for
residential or commercial purposes and has, for five years
immediately prior to the date of filing a petition pursuant to this
section, been irrigated or supplied water, wholly or partially, from
a water system not owned or operated by the district.
(2) For five years immediately prior to the date of filing a
petition pursuant to this section, his or her land, or a described
portion of it, has never received water service from the district of
any nature and the board of directors of the district has not, at any
time prior to filing the petition, adopted a plan for future service
of water to the lands, which plan may provide for the landowner to
pay all costs of providing facilities to transport water from the
nearest point at which the district has water available to the lands
made subject to the petition.
(3) For five years immediately prior to the date of filing a
petition pursuant to this section, his or her land, or a described
portion of it, was served with water received from wells not owned,
maintained, or operated by the district and which land and wells are
not supplied water of any nature from the district, including, but
not limited to, surface, subsurface, or seepage waters, which waters
would be suitable for agricultural or domestic purposes.
(b) The procedure for any petition to which this section applies
shall be in accordance with this article.
(c) After the conclusion of a hearing as provided in Section
25831, if the board finds that any of the land described in any
petition has been supplied as alleged or no plan for future service
has been adopted, and the lands made subject to the petition are not
and will not be benefited by the operations of the district in a
manner that would justify their assessment at the regular rate of
assessment, then the board shall adjust the rate of assessment on the
land made subject to the petition in an order entered in full upon
its minutes.