Section 71699 Of Chapter 4. Property From California Water Code >> Division 20. >> Part 5. >> Chapter 4.
71699
. No publicly owned utility shall commence to provide any
water service for, on, or to any land within a municipal water
district which is subject to (1) the lien of a bonded indebtedness
incurred by the district for the purpose of providing a service
similar to that which the utility proposes to provide or (2) a lien
of an indebtedness arising under any contract between the district
and the United States of America incurred or contracted by the
district for the purpose of providing water service; provided, that a
majority of the voters voting at an election within the district
have approved the incurrence of the indebtedness and, provided
further, that the district has water available and is ready, able,
and willing to serve such land.
However, a publicly owned utility may commence to provide service,
otherwise prohibited, upon either of the following conditions:
(a) In any portion of such a municipal water district proposed to
be served by the publicly owned utility in which the total number of
registered voters residing therein is less than 12, and in which the
municipal water district (1) receives the written consent of at least
a majority of the owners of real property holding at least a
majority in value of the real property and (2) consents to the
service by resolution.
(b) In any portion of such a municipal water district proposed to
be served by the publicly owned utility in which the total number of
registered voters residing therein is 12 or more, and in which at
least a majority of the voters voting on the proposition shall have
voted at a special municipal water district election to permit such
service within that portion of the district. The election shall be
called and held within that portion of the district in the same
manner as an initiative measure pursuant to Section 71530.