Chapter 3. General Provisions of California Water Code >> Division 14. >> Part 1. >> Chapter 3.
For all purposes of this division relating to signing
petitions and voting at any election, and for all other purposes when
the question of title to or value of land claimed to be owned by a
petitioner or voter is involved, the most recent county assessment
roll in each affected county, or the last final election roll
prepared in accordance with Section 41027 if the board elects to
follow the procedure provided in Chapter 1.5 (commencing with Section
41025) of Part 4, shall be sufficient evidence of ownership and
value.
If any parcel of land is assessed on any assessment roll to
unknown or fictitiously named owners or to unnamed owners in addition
to any owners named thereon, the parcel of land shall be deemed for
any of the purposes of this division to have but one owner in
addition to the owners whose true names may be purported to be given
on the assessment roll.
The holder of title to an undivided interest in land
affected by any of the provisions of this division may sign any
petition or vote at any election provided for in this division, and
such undivided interest shall be counted and valued as though it were
a separate interest.
If the assessment roll fails to indicate the extent of any
undivided interest the holders of title whose undivided interests in
any land are not specifically defined shall be deemed to have equal
shares.
The certificate of the register of the United States Land
Office for the district in which the land is situated, or of the
State Lands Commission, is sufficient evidence of possessory right in
any land entered under the laws of the United States or of this
State.
Guardians, conservators, personal representatives, and other
persons holding land in a trust capacity under appointment of court
may sign any petition and may vote at any election in behalf of the
estate represented by them without obtaining special authority.
A certificate of acknowledgment taken before a notary public
or justice of the peace of any state, or an affidavit by any person
in the presence of whom a petition was signed, is sufficient evidence
of the genuineness of the signature and of the fact of place of
residence of any petitioner under this division.
Whenever any notice or publication, or notice of
publication, or official advertising, or publication of process is
required to be given or made by the provisions of this division,
unless otherwise specifically provided, it shall be given or made
once a week for two successive weeks in a newspaper of general
circulation, printed and published in each affected county, and if in
any such county there be no such newspaper then in a newspaper
printed and published in an adjoining county.
As to any land belonging to a person under guardianship or
conservatorship or comprised in the undistributed estate of a
decedent, the guardian or conservator of such person or executor or
administrator of such estate shall be deemed the holder of title for
the purpose of representing the same in all proceedings under this
division, and has the right to sign all petitions or protests
provided for in this division, and to vote at all district elections,
without any order of court authorizing him so to do.
The powers herein conferred upon the department and board
are police and regulatory powers and are necessary to the
accomplishment of a purpose that is indispensable to the public
interest.
The districts formed pursuant to this division are districts
of the nature of irrigation, reclamation, or drainage districts in
respect to all matters contemplated in the provisions of the
Constitution of the State of California relating to irrigation,
reclamation, or drainage.