Article 4. Election of California Water Code >> Division 21. >> Part 10. >> Chapter 2. >> Article 4.
If a protest against the inclusion of lands, signed by not
less than 3 percent of the holders of title or evidence of title to
lands within the district who hold the title or evidence of title to
not less than 3 percent in value of the lands within the district
according to the last equalized assessment roll of the county within
which such lands are situated, is presented to the board and upon the
hearing of the matter such protest is not withdrawn, or after the
withdrawal therefrom of any signatures it is still signed by not less
than 3 percent of the holders of title or evidence of title to lands
within the district who hold the title or evidence of title to not
less than 3 percent in value of the lands within the district
according to the last equalized assessment roll of the county within
which such lands are situated, or if the board deems it not for the
best interests of the district to include therein the lands described
in the petition for inclusion, or any of them, the board shall adopt
a resolution stating the facts and describing the boundaries of the
tract of land proposed to be included in the district.
Upon the adoption of the resolution pursuant to Section
75900, the board shall order that an election be held within the
district to determine whether the boundaries shall be changed as
mentioned in such resolution; and shall fix the time at which such
election shall be held, and cause notice thereof to be given and
published.
Before calling the election, the board may require an
undertaking from the petitioners for the inclusion of the land,
conditioned that the petitioners or the sureties will pay all the
costs of holding the election in case the inclusion is denied.
Notice of the election shall be given and published, the
election shall be held and conducted, the returns thereof shall be
made and canvassed, and the result of the election ascertained and
declared, and all things pertaining thereto conducted, in the manner
prescribed by Chapter 3 (commencing with Section 74790) of Part 6 of
this division.
The notice of election shall describe the proposed change of
the boundaries in such manner and terms that it can readily be
traced.
The ballots cast at the election shall contain the words
"For change of boundaries," or "Against change of boundaries," or
words equivalent thereto.
If a majority of all the votes cast at the election are
against change of the boundaries of the district, the board shall
order that the petition for inclusion of lands be denied and shall
proceed no further in the matter.
If a majority of the votes cast at the election are in favor
of the change of the boundaries of the district, the board shall
order that the boundaries be changed in accordance with the
resolution adopted by the board pursuant to Section 75900. The order
shall describe the entire boundaries of the district, and for that
purpose the board shall cause a survey of such portions thereof to be
made as it deems necessary.