This section of the law is specific to the Mendocino City Community Services District, meaning it only applies within its current boundaries.
This part applies only to the area within the existing boundaries of the Mendocino City Community Services District.
Mendocino City Community Services District local jurisdiction area-specific law boundary application district regulations geographical limit Mendocino services district governance regional law application
(Added by Stats. 1987, Ch. 472, Sec. 1.)
This section defines key terms used in the law. "Local agency" refers to any local government group, like a city or county, that performs functions within specific boundaries. "Groundwater" doesn't include underground water that comes up as a byproduct of activities like oil extraction, as long as its disposal is regulated by law.
(a)CA Water Code § 10701(a) As used in this part, “local agency” means any city, county, district, agency, or other political subdivision of the state for the local performance of governmental or proprietary functions within limited boundaries.
(b)CA Water Code § 10701(b) As used in this part, “groundwater” and “groundwater resources” do not include those subsurface waters incidentally produced in connection with or as a result of natural resource extraction activities when the disposal of those subsurface waters is regulated by state or federal law.
local agency groundwater groundwater resources political subdivision limited boundaries subsurface waters natural resource extraction regulated disposal state law federal law city functions county responsibilities district agency proprietary functions governing boundaries
(Added by Stats. 1987, Ch. 472, Sec. 1.)
This law allows local agencies that provide water services to create programs to manage groundwater resources. They can do this through an ordinance or a resolution if they aren't allowed to pass ordinances.
Any local agency which is authorized by law to provide water services may, by ordinance, or by resolution if the local agency is not authorized to act by ordinance, establish programs for the management of groundwater resources.
local agency water services groundwater management resource management programs ordinance resolution groundwater resources water authority local water agency water conservation water resource planning groundwater sustainability water management programs local government groundwater initiatives
(Added by Stats. 1987, Ch. 472, Sec. 1.)
Before a local agency can start a groundwater management program, its governing board must hold a public hearing. They need to announce this hearing in advance according to specific rules. During the hearing, they can make changes to the program, ask for more information, or continue the discussion if needed. Once the hearing is over, they can officially decide to pursue and implement the program.
Prior to the adoption of a groundwater management program, the governing board of the local agency shall hold a public hearing, after publication of notice pursuant to Section 6066 of the Government Code, on the proposed groundwater management program. At the hearing, the board may alter the program or require further study on the program and continue the hearing. At the conclusion of the hearing, the board may adopt a resolution of intention to adopt and implement the program.
groundwater management program public hearing local agency board notice of hearing program alteration resolution of intention hearing continuation program implementation section 6066 government code local water management groundwater study board resolution adoption public participation water resource planning
(Added by Stats. 1987, Ch. 472, Sec. 1.)
Once a public hearing is finished and the governing board decides to move forward, they must publish the groundwater management program in a widely read newspaper. Anyone interested can request a written copy of this program.
After the conclusion of the hearing, and if the governing board adopts a resolution of intention, copies of the groundwater management program shall be published in a newspaper of general circulation. Upon written request, any interested person shall be provided with a copy of the program.
groundwater management governing board resolution of intention hearing conclusion public announcement newspaper publication program copy request interested person water resources public access community involvement resource management information dissemination California water policy environmental planning
(Added by Stats. 1987, Ch. 472, Sec. 1.)
Once the resolution of intention is adopted, the governing board needs to hold a second hearing to listen to any objections about the program. Any person interested can attend and speak on issues mentioned in the resolution, or related issues. Before the hearing ends, any registered voter in the area can submit a written protest or take back one they filed earlier.
After the adoption of a resolution of intention, the governing board shall hold a second hearing and consider protests to the implementation of the program. Any interested person may appear to be heard concerning any matter set forth in the resolution or matters material thereto. Any time prior to the conclusion of the hearing, any eligible registered voter of the local agency may file a written protest or withdraw a protest previously filed.
resolution of intention governing board second hearing protests program implementation interested person material matters registered voter local agency written protest withdraw protest public hearing community input objections program objections
(Added by Stats. 1987, Ch. 472, Sec. 1.)
This law explains the process for determining if a majority protest exists regarding a local agency's proposed groundwater management program. A majority protest means more than 50% of eligible registered voters in the area oppose the program. If such a protest exists, the program must be abandoned, and no new program can be considered for a year. If there isn't a majority protest, the governing board can proceed with the program within 35 days after the second hearing.
A majority protest shall be determined to exist if the governing board finds that the protests filed and not withdrawn prior to the conclusion of the second hearing represent more than 50 percent of the eligible registered voters residing within the boundaries of the local agency.
If the governing board finds that a majority protest exists, the groundwater management program shall be abandoned and no new program shall be considered by the board for a period of one year following the date of the second hearing. If a majority protest has not been filed, the board, within 35 days after the conclusion of the second hearing, may adopt an ordinance or resolution to implement the program.
majority protest groundwater management program governing board eligible registered voters protest determination abandonment of program second hearing program implementation ordinance adoption resolution adoption voter opposition local agency boundaries
(Added by Stats. 1987, Ch. 472, Sec. 1.)
This law allows local agencies in charge of groundwater management to collaborate by forming joint agreements with other entities. These partnerships are facilitated under specific rules detailed in the Government Code.
A local agency authorized to establish programs for the management of groundwater resources pursuant to this part may for that purpose enter into a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.
local agency groundwater management joint powers agreement collaboration partnerships Government Code resource management water resources interagency cooperation Division 7 Title 1 Chapter 5 Section 6500 groundwater programs management agreements
(Added by Stats. 1987, Ch. 472, Sec. 1.)
This law allows local agencies to create programs to manage groundwater resources and gives them the authority to charge fees to cover the costs of managing these resources.
A local agency which establishes a program for the management of groundwater resources pursuant to this part may fix and collect rates for the extraction of groundwater to pay expenses incurred by the local agency for purposes of groundwater management.
groundwater management local agency authority extraction rates expenses recovery water resource programs fees for groundwater use local water management groundwater extraction fees resource management costs local agency expenses groundwater use charges
(Added by Stats. 1987, Ch. 472, Sec. 1.)
This law lets local agencies in California that manage groundwater do more than they usually could. They can use the powers of a water replenishment district, which includes raising money by charging fees to help refill the groundwater supply.
For purposes of groundwater management, a local agency authorized to establish programs for the management of groundwater resources pursuant to this part may, in addition to the powers set forth in this act, exercise any of the powers of a water replenishment district under Part 4 (commencing with Section 60220) of Division 18 and may levy a water replenishment assessment in accordance with Part 6 (commencing with Section 60300) of Division 18.
groundwater management local agency water replenishment district groundwater resources water replenishment assessment levy fees authority replenishment programs Division 18 groundwater supply Section 60220 Section 60300 California water agencies resource management water assessment
(Added by Stats. 1987, Ch. 472, Sec. 1.)
Before a local agency can charge fees for water replenishment or groundwater extraction, it must get approval through an election where more than half of the voters agree. The election must follow the rules set by the agency's main governing document.
Before a local agency may levy a water replenishment assessment as authorized in Section 10709 or may otherwise fix and collect rates for the extraction of groundwater pursuant to this part, the local agency shall hold an election on the proposition of whether or not the local agency shall be authorized to levy a water replenishment assessment or to fix and collect rates for the extraction of groundwater, and a majority of the votes cast at the election shall be in favor of the proposition. The election shall be conducted in the manner prescribed by the principal act of the local agency.
water replenishment assessment groundwater extraction fees local agency election voter approval majority vote fixing and collecting rates water management public approval process local water agencies election procedures groundwater management water resources community voting decision-making process authority to levy assessments
(Added by Stats. 1987, Ch. 472, Sec. 1.)
This law states that a local agency cannot provide water services within the territory of another local agency that is already legally authorized to offer such services, unless the governing body of the other agency agrees to it first.
No local agency shall exercise the powers authorized by this part within the boundaries of another local agency authorized by law to provide water service to any or all of the lands within its boundaries, without the prior agreement of the governing body of that other local agency.
local agency water service territorial boundaries service agreement governing body approval authority to provide water water rights inter-agency agreement jurisdictional limits service area conflict
(Added by Stats. 1987, Ch. 472, Sec. 1.)
This law section says that one local agency cannot provide water services within the territory of another local agency without first getting permission from the governing body of the agency that currently provides the service there.
No local agency shall exercise the powers authorized by this part within the boundaries of another local agency providing water service to any or all of the lands within its boundaries, without the prior agreement of the governing body of that other local agency.
local agency water service boundaries governing body territory permission agreement power exercise jurisdiction overlap inter-agency agreement water supply area service provision authority
(Added by Stats. 1987, Ch. 472, Sec. 1.)
If one local agency takes over land that is already part of another's groundwater management program, the new agency must keep following the existing groundwater rules for that property.
If a local agency annexes land subject to a groundwater management program of another local agency, the local agency annexing the land shall continue to comply with the groundwater management program for the annexed property.
local agency annexation groundwater management compliance obligation land annexation groundwater program continuation administrative responsibility property management local agency duties groundwater regulation adherence annexed property water resource governance jurisdictional transfer land use policy interagency cooperation natural resource management
(Added by Stats. 1987, Ch. 472, Sec. 1.)
This law section makes it clear that it does not interfere with or change the abilities of local agencies to manage groundwater resources in other areas of the state.
This part neither preempts, negates, affects, nor infers the existence of any powers of a local agency in other groundwater basins of the state to establish programs for the management of groundwater resources.
groundwater management local agency powers groundwater basins resource management state groundwater policy local control water resources independence of local programs water basins local agency authority groundwater programs California water management regional water control agency jurisdiction local water regulation
(Added by Stats. 1987, Ch. 472, Sec. 1.)
This section says that the powers given to local agencies in this part are extra powers, and they don't take away any other powers these agencies might have under other laws.
This part is in addition to, and not a limitation on, any powers of a local agency otherwise granted by law.
local agency powers additional authority non-limitation existing powers supplementary powers local governance water code legal authority supplemental powers local agencies expanded powers jurisdiction legal provisions law enhancement
(Added by Stats. 1987, Ch. 472, Sec. 1.)
This law section states that local agencies must still follow existing rules for getting the Treasurer's approval on leases, contracts, or securities even if a part of another act. It specifically mentions the District Securities Investigation Law of 1965 as a guideline these agencies must adhere to for approvals.
This part does not exempt any local agency formed under any act requiring the approval of its leases, contracts, or issuance of securities by the Treasurer from obtaining the report, investigation, and approval of the Treasurer as required by that act or by the District Securities Investigation Law of 1965.
local agency approvals Treasurer's report lease approval contract approval securities issuance District Securities Investigation Law of 1965 local agency leases local agency contracts local agency securities Treasurer's investigation Treasurer's approval process securities regulations agency financial compliance local agency legal requirements
(Added by Stats. 1987, Ch. 472, Sec. 1.)
Once a municipal central water system is set up and supplying water to the people within a local agency's area, that local agency can no longer use the powers given to it under this law.
A local agency shall no longer be authorized to exercise the powers conferred by this part upon the completion and implementation of a municipal central water system supplying water to the inhabitants within the boundaries of the local agency.
local agency municipal central water system water supply local authority powers implementation of water system boundary inhabitants completion of water system water resource management authorization of powers local jurisdiction water infrastructure local water management water supply authority municipal water services agency powers
(Added by Stats. 1987, Ch. 472, Sec. 1.)