Article 4. Formation And Assessment of California Water Code >> Division 13. >> Part 6.5. >> Chapter 1. >> Article 4.
Regardless of any findings made by the board, if more than
one-third in number of the holders of title to land within the
proposed distribution district object at the hearing to its formation
or to the levy of the proposed assessment, the board shall deny the
petition and no further proceeding shall be had on it.
If at the hearing the board finds that it would not be for
the best interests of the district to form the distribution district,
the board shall order the proceedings dismissed without prejudice to
their renewal.
If the board finds that it would be for the best interests
of the district and the proposed distribution district to form the
distribution district, it shall make and enter in its minutes a final
order:
(a) Approving the petition.
(b) Forming the distribution district.
(c) Providing that the assessment shall be levied each year in the
same manner as district assessments to meet the obligations of the
contract with the United States under federal reclamation laws or the
obligations of the contract with the district.
(d) Apportioning the assessment to the land in the distribution
district according to benefits.
(e) Describing the land in the distribution district.
Assessments levied for the purpose of meeting obligations
accruing under a contract with the United States pursuant to the
reclamation laws or under a contract with the district, shall be
payable in the same manner and at the same time as district
assessments, and such distribution district assessments shall be made
in the number and amount sufficient to meet the obligations accruing
under such contract.
The secretary shall cause a certified copy of the order
creating the distribution district to be recorded in the office of
the county recorder in each county in which any land of the
distribution district is situated.
The assessment, and each installment of it, shall be and
remain a lien on the land in the distribution district in the same
manner as, and be a part of, the annual assessment of the district.
All lands of the distribution district shall remain jointly
liable for all obligations accruing to the United States or accruing
to the district under any contract between the distribution district
and the United States or any contract between the distribution
district and the district.
Upon a change or resubdivision upon the assessment book of
the district of any parcel of land in a distribution district, the
board upon its own initiative or upon petition of the owner of the
parcel so changed or resubdivided, may reapportion the distribution
district assessment upon the parcel, and the order of reapportionment
shall be recorded in the same manner as the order levying the
original assessment.
If the actual amount to be paid by the distribution district
to the United States or to the district under the contract to be
executed is substantially less than the estimated amount, the
assessment may be reduced proportionately on each parcel by
recomputing it, based on the actual amount to be repaid as set forth
in said contract. The reapportionment or a statement that the
assessment on each parcel has been reduced by a designated percentage
shall be recorded in the same manner as the order levying the
original assessment.
Installments of assessments levied on district owned land
becoming due while the land is still owned by the district shall be
paid by the district. Conveyance of such lands into private ownership
shall not release the lien thereon of the assessment and the unpaid
installments of it.