The formation petition shall be presented and considered at a regular meeting of the board of supervisors of the county in which the proposed district is situated.
FormationHearing on Formation
Section § 30260
This law requires that any petition to form a new district must be brought up and discussed at an official meeting of the county's board of supervisors where the district is planned to be located.
formation petition regular meeting board of supervisors
Section § 30261
When a petition to form a new district is being considered, the board of supervisors will hold a hearing at the time mentioned in the notice. During this hearing, they will listen to the petitioners and anyone who wants to speak about it. They will also consider any written protests submitted by property owners in the proposed district before the hearing.
At the time stated in the notice of the hearing on the formation petition for its consideration the board of supervisors shall hear the petition and those appearing thereon together with any written protests filed with the clerk of the board prior to the hearing by or on behalf of owners of taxable property situated within the proposed district.
district formation hearing board of supervisors petition consideration
Section § 30262
This law allows the board of supervisors to postpone a hearing, but they can only do so for a total of up to four weeks.
The board of supervisors may adjourn the hearing from time to time, not exceeding four weeks in all.
board of supervisors hearing adjournment postpone hearing
Section § 30263
This law section explains that during a hearing about a petition, the board of supervisors must decide if the petition meets the legal requirements. They will listen to all relevant and important evidence or arguments, whether in favor or against the petition. The board's decision will be recorded in their official records.
Upon the hearing of the petition the board of supervisors shall determine whether or not the petition complies with this part and for that purpose shall hear all competent and relevant testimony offered in support of or in opposition thereto. The determination shall be entered upon the minutes of the board of supervisors.
petition compliance hearing board of supervisors
Section § 30264
At the final hearing, the board of supervisors will adjust the proposed district boundaries based on what's most beneficial. They cannot remove land that will gain from being in the district, nor can they add land that won't benefit. Additionally, landowners not originally included but who will benefit can ask to join the district, and the board has the discretion to include them.
On the final hearing the board of supervisors shall make changes in the proposed boundaries of the proposed district as may be deemed advisable and shall describe the boundaries of the proposed district. In doing this:
(a)CA Water Code § 30264(a) No land included in the proposed district in the petition which will be benefited by the proposed district shall be excluded.
(b)CA Water Code § 30264(b) No land which will not in the judgment of the board be benefited by the district shall be included.
(c)CA Water Code § 30264(c) Upon the application of any person whose land was not included in the petition but whose land will be benefited by the proposed district, the land may in the discretion of the board be included.
board of supervisors district boundaries proposed district
Section § 30264.1
This law states that if the board of supervisors finds that the creation of a proposed district is not in the public interest, they can dismiss the petition and stop the proceedings. However, if they find it is in the public interest, they must organize an election within the proposed district to decide on its formation.
If the board of supervisors at its final hearing determines and finds, for good cause on reasons specified in writing, from the evidence taken at the hearing that the proposed district as its boundaries are described in the petition or as changed by the board is not in the public interest, it may dismiss the petition and terminate the proceedings, but if the board determines and finds that the proposed district is in the public interest it shall call an election to be held in the proposed district for the purpose of determining whether or not the district shall be organized.
board of supervisors final hearing public interest
Section § 30265
This section states that once the board of supervisors decides that a petition and notice are genuine and sufficient, their decision cannot be challenged by anyone except for the State. If the Attorney General wants to contest the decision, they must start legal action within one year from when the board officially forms the district.
A finding of the board of supervisors in favor of the genuineness and sufficiency of the petition and notice shall be conclusive against all persons except the State upon suit by the Attorney General commenced within one year after the order of the board of supervisors declaring the district formed.
board of supervisors petition genuineness sufficiency of petition
