As used in this part, “person” means any person, firm, association, organization, partnership, business trust, corporation, or company, but not including any public corporation or other public entity.
Part 4CO-OPERATION AND CONTRACTS BETWEEN PRIVATE ENTITIES AND THE UNITED STATES
Section § 12000
This section defines what the term "person" means in this part of the law. Here, a "person" includes individuals, businesses, organizations, and companies, but does not include public corporations or public entities.
definition of person individuals firms associations organizations partnerships business trusts corporations companies exclusion of public corporations exclusion of public entities private entities business entities legal definitions California Water Code
Section § 12001
This law section defines the term "United States" as referring not just to the country itself but also includes any officers, agents, employees, agencies, or tools that are authorized to act on particular matters related to the United States.
As used in this part, “United States” means the United States of America, and in relation to any particular matter includes the officers, agents, employees, agencies, or instrumentalities authorized to act in relation thereto.
United States definition officers agents employees agencies instrumentalities authorized actions federal employees government bodies state interaction government agents federal agencies legal definition official actions instrumentalities of the United States
Section § 12002
If any part of this law is found to be invalid or doesn't apply to a person or situation, the rest of the law still stands and continues to apply to others as intended.
If any provision of this part, or the application thereof to any person or circumstances, is held invalid, the remainder of the part, or the application of said provision to other persons or circumstances, shall not be affected thereby.
provision invalidity application to persons application to circumstances legal validity severability clause law application legal interpretation statutory construction law enforcement legal provisions circumstances unaffected law continuity invalid provision legal redundancy part validity
Section § 12003
This law allows people to work together and make agreements with the federal government under the Federal Reclamation Act of 1902 and its related amendments or other federal laws. These agreements can be for any of the purposes listed in Section 12004, whether they're specifically under federal reclamation laws or different laws.
Any person 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 under any other act of Congress heretofore or hereafter enacted permitting co-operation or contracts for any or all of the purposes set forth in Section 12004, whether under said federal reclamation laws, or otherwise.
co-operate with United States Federal Reclamation Act June 17 1902 amendatory acts supplementary acts contracts with federal government federal reclamation laws Section 12004 purposes water projects partnership with government legal agreements federal cooperation reclamation projects congressional acts water resources management
Section § 12004
This law allows for partnerships or contracts for various water-related projects and facilities. Entities can work together for building, acquiring, or operating systems for irrigation, water storage, drainage, flood control, and electricity generation. They can also establish a water supply or manage debt with the U.S. government. Additionally, these entities can borrow money from the U.S. for constructing water management or energy projects and establish repayment plans.
The co-operation or contract may be for any or all of the following purposes:
(a)CA Water Code § 12004(a) Construction, acquisition, purchase, extension, operation or maintenance of works and facilities for irrigation, storage, drainage, flood control and generation and distribution of electric energy or either or any of these, or the use or enjoyment of any such works or facilities, or any rights or interests therein.
(b)CA Water Code § 12004(b) A water supply.
(c)CA Water Code § 12004(c) Assumption or creation, as principal or guarantor or otherwise, of indebtedness to the United States.
(d)CA Water Code § 12004(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 storage, regulation, control, development and distribution of water for the irrigation of land or for any other lawful use, or for the use, control and distribution of drainage water, or for flood control purposes, or for the generation or distribution of electric energy.
cooperation contracts irrigation systems water storage drainage facilities flood control electric energy generation facility acquisition project financing US government loans debt management water supply energy distribution construction projects water management
Section § 12005
This law allows anyone to have the necessary authority to enter into contracts mentioned in this section and fulfill their obligations. It also permits them to impose and collect any lawful fees or charges needed to meet the terms of the contract.
Any person has all powers, rights, and privileges necessary to enable such person to enter into any contract referred to in this part, and to carry out and perform the terms of any contract so made by such person, and may agree to impose and collect, and may impose and collect, any and all lawful assessments and charges required to carry out and perform any contract so made by such person.
contract rights contract obligations lawful assessments imposing fees collecting charges contract performance legal authority entering contracts fulfilling contracts rights and privileges assessment collection performing contracts contract law powers agreement execution contract terms fulfillment
Section § 12006
This law allows anyone to enter into contracts with other people, the U.S. government, the State of California, or any public agency to fulfill their agreements or gain rights, benefits, or privileges under this part of the law. These contracts can include financing or any other aspect of meeting the contract terms, and they can be done alone or with others.
Any person, for the purpose of performing the obligations of any contract entered into by such person under the provisions of this part, or for the purpose of obtaining any of the rights, benefits or privileges or assuming and performing any of the obligations or duties created or contemplated by the contracts referred to in this part, and either through the agency of or in co-operation with any other person or public entity or agency, may contract with any other person, or the United States, or the State of California, or any public corporation or agency, in relation thereto, including, but not by way of limitation, the financing thereof, or any other matter of performance thereof, or any other matter incident thereto.
contract obligations rights and benefits public agency cooperation financing agreements contract performance California contracts public corporation contracts rights under contract benefits under contract duties under contract agency cooperation public entity contracts contractual duties performing obligations contract privileges
Section § 12007
This law allows someone involved in a contract related to this law to ask a superior court to validate the contract. They can challenge or confirm the terms, the authority of the person making the contract, and any related actions like selling or buying under the contract. The court review can take place in the person's county, where they work, or where the contract was or will be performed. Note that if the contract involves a water supply, this review does not decide who owns the water.
Any person, by an action brought pursuant to the provisions of this part, may submit any contract or proposed contract entered into, or proposed to be entered into, by such person under the provisions of this part to the superior court of either the county in which such person resides or in which such person has its principal office for the transaction of business or in which such contract was made or is to be performed in whole or part, to determine the validity of such contract and each and all of its terms and provisions, and the authority of such person to make and perform the contract, and the authority for and validity of any purchase, acquisition, sale or conveyance under the contract; provided, that if the contract provides for a water supply such decree shall not be construed to be an adjudication that the United States owns, or does not own, such water supply.
contract validation superior court contract authority water supply contract business contract location contract terms review legal action on contract proposed contract local court jurisdiction contract performance validation contract sale authority contract purchase authority contract conveyance validity resident or principal office contract adjudication
Section § 12008
This section outlines that validation proceedings, which are legal processes to confirm or validate certain actions or documents, must be filed as 'in rem' actions. This means the proceedings are related to the property or action itself rather than any specific individual's rights. These proceedings should follow specific procedures found in Sections 861, 862, 865, 866, 867, 868, and 870 of the Code of Civil Procedure.
The validation proceedings shall be an action in rem and shall be brought pursuant to the procedure provided by Sections 861, 862, 865, 866, 867, 868, and 870 of the Code of Civil Procedure.
validation proceedings action in rem legal process property-related action Code of Civil Procedure Sections 861-870 confirm actions validate documents in rem proceedings procedural requirements
Section § 12017
This part of the law adds to existing laws and doesn't change or override any other laws already in place.
The provisions of this part are cumulative and are not intended to and they shall not be construed as repealing, amending, or otherwise affecting any other provisions of law.
cumulative provisions no repeal no amendment legal addition existing laws unaffected law interpretation statutory construction supplementary provision law coexistence non-repealing clause
