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Section 35541 Of Article 1. Plan Of Water Allocation From California Water Code >> Division 13. >> Part 5. >> Chapter 2.75. >> Article 1.
35541
. (a) As an alternative to, and in addition to, the methods in
this division provided for the apportionment of water, the district
may adopt a plan of water allocation which may include a provision
that the holders of title to lands within a designated area of the
district, not at the time receiving delivery of water purchased by
the district under long-term contract with the Kern County Water
Agency by means of district-provided facilities, shall have no right
in the future to have allocated to them, as the holders of title to
lands within the designated area, any part of the water which will
thereafter be made available to the district under contracts between
the district and the Kern County Water Agency in effect at the time
of approval of the plan. The plan shall provide that the lands within
that designated area of the district shall not thereafter be
assessed by the district, or by the Board of Supervisors of the
County of Kern on behalf of the district, for the purpose of
providing funds to pay any part of the district's obligation to the
Kern County Water Agency under contracts between the district and
that agency in effect at the time of approval of the plan or for the
purpose of providing funds to pay either the principal of bonds or
interest on bonds of the district sold after approval of the plan,
excepting, however, bonds sold for the purpose of providing funds to
construct irrigation works wholly or partially for the benefit of the
designated area.
(b) No such plan shall affect the power of the Kern County Water Agency to levy a tax or assessment pursuant to Section 11652 or to levy assessments under the provisions of the Kern County Water Agency Act (Chapter 1003 of the Statutes of 1961, as amended) against all lands within the district nor shall any such plan constitute or be given effect as a limitation upon the power of any bondholder or other creditor of the district to enforce rights existing at the time of approval of the plan.
(c) The plan shall provide that for so long as the lands within the designated area receive no benefits from the district, they shall not be assessed for district purposes, except to the extent required to pay principal of bonds and interest on bonds of the district sold prior to approval of the plan. The plan may provide for relief from the payment of principal of bonds and interest on bonds sold prior to the approval of the plan if the district makes other adequate provision for the payment thereof.
(d) The plan may further provide that the holders of title to lands within the designated portion of the district shall have the right to purchase from the district, from time to time, as the same is available to the district, water which the district may acquire, other than under long-term contract between the district and the Kern County Water Agency in effect at the time of approval of the plan, at a cost which shall not include in its computation any part of the district's obligation to pay for contract entitlement water under long-term contract between the district and the Kern County Water Agency in effect at the time of the approval of the plan, but which shall include a pro rata share of the cost of district administration.
(b) No such plan shall affect the power of the Kern County Water Agency to levy a tax or assessment pursuant to Section 11652 or to levy assessments under the provisions of the Kern County Water Agency Act (Chapter 1003 of the Statutes of 1961, as amended) against all lands within the district nor shall any such plan constitute or be given effect as a limitation upon the power of any bondholder or other creditor of the district to enforce rights existing at the time of approval of the plan.
(c) The plan shall provide that for so long as the lands within the designated area receive no benefits from the district, they shall not be assessed for district purposes, except to the extent required to pay principal of bonds and interest on bonds of the district sold prior to approval of the plan. The plan may provide for relief from the payment of principal of bonds and interest on bonds sold prior to the approval of the plan if the district makes other adequate provision for the payment thereof.
(d) The plan may further provide that the holders of title to lands within the designated portion of the district shall have the right to purchase from the district, from time to time, as the same is available to the district, water which the district may acquire, other than under long-term contract between the district and the Kern County Water Agency in effect at the time of approval of the plan, at a cost which shall not include in its computation any part of the district's obligation to pay for contract entitlement water under long-term contract between the district and the Kern County Water Agency in effect at the time of the approval of the plan, but which shall include a pro rata share of the cost of district administration.
