Chapter 9. Alternative Distribution Procedure of California Water Code >> Division 2. >> Part 4. >> Chapter 9.
The foregoing provisions of this part shall be applicable to
this chapter, so far as adaptable thereto or consistent therewith,
and whenever rights to water have been ascertained and determined as
specified in Section 4027 the department may elect to proceed under
this chapter.
Insofar as the foregoing provisions of this part may not be
adaptable to or may be inconsistent with the provisions of any decree
of court, the department may conform to the requirements of such
decree of court and observe the foregoing provisions of this part
only insofar as the same may be adaptable to or consistent with such
decree of court.
In the event an order or decree of court provides for an
allocation among and payment of costs of water distribution by the
owners of the rights decreed, the department, in lieu of the
procedures provided in the foregoing provisions of this part for
allocation and payment of costs, may proceed in accordance with such
decree and as hereinafter provided.
A certified copy of the order or decree shall be recorded in
the county or counties wherein the water is diverted or used and a
certified copy filed in the office of the department and such
recordation and filing shall constitute constructive notice of the
provisions of the order or decree to the owners of the rights decreed
and their successors in interest.
Obligations to pay for the respective allocations of cost set
forth in the order or decree may be enforced by the department
against the respective owners or their successors by execution or as
may be otherwise provided in such order or decree.
The total sum thus made available shall be subject to
expenditure by the department in performing said work, and any money
remaining at the end of any year shall be available for use the
following year for the respective watermaster district to which
credited.
Any moneys collected or received by the department for or on
account of owners of the rights involved may be placed in a special
deposit fund and paid out in accordance with the provisions of the
order or decree or as provided for by the agreement between the
owners of the rights affected thereby.