Any portion of a county, containing unincorporated territory, or containing the whole or any portion of one or more incorporated cities and contiguous unincorporated territory, and not included in a district, may be formed into a district.
FormationPetition
Section § 55100
This law states that a new district can be created within a county if it includes parts of unincorporated areas, or a combination of incorporated cities and unincorporated lands, as long as these areas are contiguous and not already part of an existing district.
unincorporated territory incorporated cities district formation
Section § 55101
This law allows for the creation of a district made up of separate pieces of land within the same county. However, this can only happen if it is decided that one district will operate more efficiently and be less costly than having separate districts for each piece of land. Also, any piece of land smaller than 10 acres cannot be included in this combined district.
A district may be formed of two or more parcels of noncontiguous territory within the same county if the board of supervisors determines that the single district may be more efficiently and economically operated than if separate districts were formed, but no parcel of noncontiguous territory which contains less than 10 acres may be included in any district.
district formation noncontiguous territory efficient operation
Section § 55102
If you want to create a new district, you can submit a formal request, called a petition, to the board of supervisors for approval.
A petition for the formation of a district may be presented to the board of supervisors.
petition for district formation board of supervisors district creation
Section § 55103
This law explains how to submit a petition to the board of supervisors. The petition must be signed by at least 25% of property owners, or freeholders, who live or own property in the proposed district. Among them, at least 15% must be residents of the district.
The petition shall be presented at a regular meeting of the board of supervisors and shall be signed by not less than 25 percent of the freeholders resident within the proposed district, or by not less than 25 percent of the freeholders resident and nonresident within the proposed district, including not less than 15 percent of such resident freeholders.
petition requirements board of supervisors proposed district
Section § 55104
This section outlines the requirements for a petition to form a new water district. The petition must include the proposed district's name and boundaries, a general description of the needed water improvements, and an estimate of the costs involved. It should also request an election for voters to decide on forming the district and incurring any debt through bonds to finance the improvements. However, if all property owners in the proposed district sign the petition, an election isn't needed.
The formation petition shall contain:
(a)CA Water Code § 55104(a) The name and boundaries of the proposed district to be benefited by the improvement.
(b)CA Water Code § 55104(b) A general description of the improvement desired for the purpose of supplying the inhabitants of the district with water, and which may embrace any or all of the following: the acquisition, construction, installation, completion, extension, repair, or maintenance of water works, structures, and appliances, and the acquisition, by purchase, condemnation, contract, lease, or otherwise, of lands, rights-of-way, water, water rights, and water service, necessary or convenient for such purpose.
(c)CA Water Code § 55104(c) An estimate of the cost of the proposed improvement and of the incidental expenses in connection therewith.
(d)CA Water Code § 55104(d) A request that an election be called in the district for the purpose of submitting to the qualified voters thereof the proposition of forming the district and the incurring of any indebtedness by the issuance of bonds of the district to pay the cost and expenses of the proposed improvement or any part thereof except if the petition be signed by all of the owners of property within the proposed district as such owners are shown upon the last equalized assessment roll, an election need not be requested.
water district formation district boundaries water improvements
Section § 55105
When submitting a petition to create a new district, you need to include a map that shows the outer boundaries of the proposed district and how it fits with the surrounding area. The petition should also describe what improvements you plan to make in the district.
The petition shall be accompanied by a map showing the exterior boundaries of the proposed district, with relation to the territory immediately contiguous thereto, and contain a general description of the proposed improvement.
petition submission district boundaries proposed district
Section § 55106
If you're filing a petition to form a new district, you must also submit a financial guarantee, called an undertaking. This guarantee must be twice the estimated cost of setting up the district and must be approved by the board of supervisors. If the district isn't successfully formed, the sureties, or those providing the financial backing, are responsible for covering the costs.
There shall also be filed with the petition a good and sufficient undertaking, to be approved by the board of supervisors, in double the amount of the probable cost of forming the district, conditioned that the sureties shall pay the cost in case the formation of the district is not effected.
petition filing district formation financial guarantee
Section § 55107
This law states that even if a petition for organizing a district misses some required information, it won't affect the district's legal formation once the district is fully established.
The failure of the petition to contain any of the matters required to be contained therein shall not affect the legality of the organization of the district if it is thereafter organized.
petition requirements district organization legal formation
Section § 55108
This law section allows petitioners to request that taxes set by this division are only applied to land within a certain district, and not on any other types of property.
If the petitioners so desire, the petition may also contain a statement that the taxes provided for in this division shall be levied upon the land within the district and upon no other property.
petitioners land taxes district taxes
Section § 55109
If at least 25 property owners (or a majority if fewer than 50) want water service in an area, they can ask the county's board of supervisors to explore how to provide it. This includes creating a report covering financing, building, running, and maintaining necessary water facilities, and preparing documents for forming or joining a water district.
The board can also hire experts to conduct groundwater studies and design water systems, including reservoirs and treatment plants, to ensure the water services are feasible.
Upon the request of 25 or more freeholders, or a majority of the freeholders, if less than 50 in number, needing water service within a given area, the board of supervisors may instruct any county officer to prepare a report recommending means of providing such service, including a plan for financing, constructing, operating and maintaining facilities essential to such service and a petition for the formation of or annexation to a district, and to prepare improvement petitions, including maps, preliminary estimates, legal descriptions, and all things necessary for the completion of the petition.
The board of supervisors may instruct any qualified county officer or may engage a qualified person, firm or corporation to prepare groundwater studies and reports, plans and estimates for water systems and engineering feasibility reports for water systems, reservoirs, conduits, treatment plants, conservation and reuse of water.
water service provision property owners request board of supervisors
