Chapter 6. Co-operation With The United States of California Water Code >> Division 15. >> Part 5. >> Chapter 6.
A district may co-operate and contract with the United
States, under the Federal Reclamation Act of June 17, 1902, and all
acts amendatory thereof or supplementary thereto or any act of
Congress heretofore or hereafter enacted permitting co-operation.
The co-operation and contract may be for any or all of the
following purposes:
(a) Construction, acquisition, purchase, extension, operation or
maintenance of works and facilities for irrigation, storage,
drainage, flood control or either or any of these, or the use or
enjoyment of any such works or facilities, or any rights or interests
therein.
(b) A water supply.
(c) Assumption as principal or guarantor of indebtedness to the
United States.
(d) To receive or borrow money from the United States and provide
for the repayment thereof, for the purpose of constructing projects,
distribution systems or other works for the district or for any
distribution district or improvement district formed therein, which
said works shall be used for the storage, regulation, control,
development and distribution of water for irrigation of land or for
the use, control and distribution of drainage water within the
district or for flood control purposes.
A district may carry out and perform the terms of any
contract so made.
A proposal to enter into a contract with the United States
under terms of this chapter shall be authorized at an election. The
board, by order entered upon its records, shall order a special
election to be held at some place in the district to be designated by
the board, and at such special election the board shall submit to
the landowners the question of whether the contract shall be entered
into by the district.
Proceedings at the election shall be had insofar as
applicable in the manner provided in the case of elections provided
for in Chapter 3 (commencing at Section 50800) of Part 4 of this
division.
Notice of the election shall specify:
(a) The time and place of election.
(b) The purpose of the election.
(c) A brief statement of the general purpose of the contract.
(d) The amount of money to be paid to the United States under the
contract.
The ballots at the election shall contain a brief statement
of the general purpose of the contract substantially as stated in the
notice of election and the amount of money to be paid to the United
States under the contract with the words "Contract--Yes" and
"Contract--No."
The board may execute the contract on behalf of the district
if a majority of the votes cast at the election favor the contract.
Without limiting the generality of Section 50971, when a
contract has been executed with the United States under this chapter,
the board may, by resolution, provide for an assessment upon the
land to be benefited by such contract to pay all or any portion of
the amounts to become due under the contract. Such assessment may be
levied and collected in the same manner as any other district
assessment might be levied and collected, as deemed appropriate by
the board.
As an alternative to such levy of an assessment, or in addition
thereto, the board may derive all or a portion of the amounts to be
paid to the United States under the contract by the collection of
charges from the persons to or for whom the water was furnished,
under the provisions of Section 50911.
An action to determine the validity of any contract may be
brought pursuant to Chapter 9 (commencing with Section 860) of Title
10 of Part 2 of the Code of Civil Procedure.
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