Chapter 2. Elections of California Water Code >> Division 13. >> Part 8.2. >> Chapter 2.
Notwithstanding any other law or the bylaws of the district,
all elections for the board of directors of the district shall be
conducted in accordance with this part.
The composition of the board of directors shall be as
follows:
(a) There shall be a total of nine directors. A person may only be
a candidate for one director.
(b) Six of the directors shall be qualified for office by being
persons who hold title to land within the district or persons
authorized to vote in elections by landowners, as provided in Section
37913. Each director shall be elected by landowners within the
district as provided by Article 1 (commencing with Section 35003) of
Chapter 1 of Part 4, except that each voter shall be entitled to cast
one vote for each acre owned by the voter within the district. If
the voter owns less than one acre, the voter shall be entitled to one
vote and any fraction shall be rounded to the nearest full acre.
(1) For the purposes of election of the six directors described by
this subdivision, landowners within the district shall be divided
into three classes as follows:
(A) "Large landowners," meaning holders of title owning a total of
400 acres or more.
(B) "Medium landowners," meaning holders of title owning a total
of 40 acres or more but less than 400 acres.
(C) "Small landowners," meaning holders of title owning a total of
less than 40 acres of land.
(2) Of the six directors elected pursuant to this subdivision,
large landowners shall elect two directors, medium landowners shall
elect two directors, and small landowners shall elect two directors.
(3) Candidates for the six directors elected pursuant to this
subdivision may be within any landowner class.
(c) Three of the directors shall be elected by registered voters
within the district at large.
(d) (1) All directors qualified under subdivision (b) shall reside
within the district, within two miles of the district boundary, or
within the boundaries of the City of Paso Robles, the Atascadero
Mutual Water Company, the Templeton Community Services District, the
San Miguel Community Services District, or the San Luis Obispo County
Service Area 16.
(2) All directors qualified under subdivision (c) shall be
registered voters residing within the district.
District elections shall be conducted in conformance with
the Uniform District Election Law (Part 4 (commencing with Section
10500) of Division 10 of the Elections Code) and the laws generally
applicable to districts created and operated pursuant to this
division, provided the following shall apply:
(a) Separate ballots shall be prepared and separate elections
shall be conducted for those director positions which will be elected
by resident voters and for those which will be elected by landowner
voters. Notwithstanding Section 10555 of the Elections Code, these
landowner voter elections and resident voter elections shall be
conducted simultaneously.
(b) District elections shall be conducted by all-mailed ballots
pursuant to Section 4108 of the Elections Code. Separate voter lists
of resident voters and landowner voters eligible to vote within the
district shall be prepared and maintained according to applicable
provisions of law, including Section 10525 of the Elections Code.
Separate all-mailed ballot elections shall be held for the directors
to be elected by resident voters and for those to be elected by
landowner voters.
(c) The directors elected upon formation of the district shall
hold office pursuant to Section 10505 of the Elections Code. For the
purposes of implementing this section, the director positions elected
by large landowners shall be divided into two director term classes,
the directors elected by medium landowners shall be divided into two
director term classes, the directors elected by small landowners
shall be divided into two director term classes, and the directors
elected by registered voters shall be divided into two director term
classes.
(d) Elections of directors shall be held on the first Tuesday
after the first Monday in October of each odd-numbered year.
(e) The voters list used for the purpose of an election of
directors shall be based upon the last assessment roll prepared by
the county assessor, which shall be conclusive evidence of ownership
and the acreage for purposes of electing directors in accordance with
subdivision (b) of Section 37911. The voters list shall be amended
if satisfactory evidence of a change in ownership is presented at
least 45 days prior to the election to the elections official in the
case of the formation election, and thereafter to the district
secretary. The county assessor shall be reimbursed by the district
for all costs incurred in determining the ownership and acreage
information and providing the information to the county clerk.
(f) For purposes of the Uniform District Election Law (Part 4
(commencing with Section 10500) of Division 10 of the Elections
Code), the district is a landowner voting district.
Notwithstanding any other provision of this division or the
Uniform District Election Law (Part 4 (commencing with Section 10500)
of Division 10 of the Elections Code), for the purposes of election
participation by landowners, the following definitions apply:
(a) "Landowner" means any person who holds title to land within
the boundaries of the proposed district as shown on the last
assessment roll prepared by the county assessor, or a legal
representative of a landowner who holds title to land within the
boundaries of the proposed district as shown on the last assessment
roll prepared by the county assessor.
(b) "Landowner" does not include individuals, partnerships,
corporations, or public agencies holding easements or less than fee
interests, including leaseholds of any nature.
(c) "Legal representative" means either of the following:
(1) A duly appointed and acting guardian, executor, or
administrator of the estate of a holder of title to land.
(2) One of the following:
(A) If the holder of title is a trust, any trustee of the trust
may vote on behalf of the trust.
(B) If the holder of title is a corporation, the president, vice
president, secretary, or other duly designated officer may vote on
behalf of the corporation.
(C) If the holder of title is a limited liability company, any
managing member may vote on behalf of the limited liability company.
(D) An officer or partner with managerial responsibilities of a
legal entity not listed in subparagraphs (A) to (C), inclusive, may
vote on behalf of the entity.