If a majority of the votes cast at the election in each municipal corporation or part thereof and in the unincorporated territory included in the proposed district is in favor of forming the district, the board of supervisors shall by an order entered on its minutes declare the territory formed as a district under the name designated for it.
FormationEstablishment of District
Section § 30320
This law explains that if most people vote 'yes' to form a district in an election, both in any relevant cities or towns and in surrounding areas not part of a city, the board of supervisors will officially create the district and give it a name.
majority vote forming a district election results
Section § 30321
This law requires the county clerk to quickly record a certificate with the county recorder's office once voters approve the formation of a district.
The county clerk shall immediately cause to be recorded in the office of the county recorder of the county in which the district is situated a certificate stating that the formation of the district was approved by the voters.
county clerk responsibility certificate recording district formation approval
Section § 30321.5
This California law requires the county clerk to file a certificate with the county assessor and the State Board of Equalization whenever a new district is formed. The certificate must include the district's name, the date it was officially formed, and information about its location with a map showing its boundaries.
If the order forming the district already contains all necessary details, the clerk can file a copy of that order instead of a separate certificate.
The county clerk shall immediately cause to be filed with the county assessor and the State Board of Equalization a certificate listing all of the following:
(a)CA Water Code § 30321.5(a) The name of the district.
(b)CA Water Code § 30321.5(b) The date of the order declaring the district formed.
(c)CA Water Code § 30321.5(c) The county or counties in which the district is located, and a map or plat indicating the boundaries established for the district as required by Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code.
If the order declaring the district formed contains all of the information required to be in the certificate, the county clerk may cause a copy of the order to be filed in lieu of the certificate.
county clerk duties district formation certificate filing
Section § 30322
This section explains that a district is officially established once a specific document, like a certificate or an order declaring its formation, is filed with both the county assessor and the State Board of Equalization.
The district shall have been duly incorporated upon the filing of the certificate or a copy of the order declaring the district formed with the county assessor and the State Board of Equalization.
district incorporation certificate filing order declaring formation
Section § 30323
Once a district files its paperwork with the county assessor and the State Board of Equalization, it officially becomes a county water district. This filing grants it all the rights and powers typical of county water districts.
From and after the date of the filing with the county assessor and the State Board of Equalization, the district named in the filing is incorporated as a county water district with all the rights, privileges, and powers set forth in this division and necessarily incident to this division.
county water district incorporation filing
Section § 30324
This law says that if there are minor mistakes or informal processes in setting up a county water district, such as how an election was handled, it won't make the district invalid as long as no one's important legal rights are hurt.
No informality in any proceeding, including informality in the conduct of any election, not substantially affecting adversely the legal rights of any citizen shall invalidate the incorporation of any county water district.
county water district election conduct incorporation validity
Section § 30325
This law states that if someone wants to challenge the validity of a district's incorporation, they must start the legal process within three months of the incorporation certificate's date. If they don't, the district's incorporation and associated legal facts become unquestionable after that period.
Any proceeding wherein the validity of the incorporation of a district is denied shall be commenced within three months from the date of the certificate of incorporation; otherwise the incorporation and legal existence of the district and all proceedings in respect thereto shall be incontestable.
district incorporation challenge incorporation validity legal challenge timeframe
