Chapter 3. Validating Proceedings of California Water Code >> Division 5. >> Part 5. >> Chapter 3.
If the board determines, pursuant to the provisions of this
part, that bonds should be issued, an action to determine the
validity of the assessment may be brought pursuant to Chapter 9
(commencing with Section 860) of Title 10 of Part 2 of the Code of
Civil Procedure.
No objection to the assessment shall be considered by the
court unless the objection has been made in writing to the board as
provided in Part 4 of this division.
The judgment shall refer to the assessment apportioned to
each county separately and it shall be sufficient to refer to the
portions of the assessment which are affected by the judgment.
Unless the aggregate amount of the whole of the assessment is
modified or amended by the judgment in the proceedings so as to
cause a difference of more than 2 1/2 percent greater or less than
the original total amount of the assessment, the assessment shall not
be deemed to have been substantially modified and no necessity shall
exist for a reapportionment thereof.
The assessment lists, unless annulled by the judgment in the
judicial proceeding, embracing any modifications made by the judgment
are conclusive evidence that the assessment has been apportioned
according to the benefits that will accrue to each tract of land in
the drainage district by reason of the expenditure of the sums of
money to be raised thereby.
A certified copy of the judgment referring to the assessment
lists shall be filed in the office of the board.
A certified copy of so much of the judgment as relates to the
lands in each of the counties affected thereby shall be affixed to
the original assessment list for such county and the board shall
thereupon cause such amendments or modifications to be made and
entered upon the original assessment lists as may be necessary to
make them conform to the provisions and directions of the judgment.
The assessment lists as amended or modified shall be
certified by the secretary or assistant secretary of the board as
being in conformity with the requirements of the judgment.