Section § 56040

Explanation

This law explains what a county drainage district in California is supposed to do. Its main jobs include controlling storm and waste waters both inside and outside the district.

It aims to protect private and public properties, like roads, from damage caused by these waters.

Additionally, it involves conserving rain and waste waters for useful purposes, like storing it or allowing it to soak into the ground to be used later.

The objects and purposes of a county drainage district shall be to provide for:
(a)CA Water Code § 56040(a) The control of storm and other waste waters of or within said district, including waters which arise outside said district and which flow or drain into or through the said district;
(b)CA Water Code § 56040(b) The protection from damage by storm or waste waters of private property and of public highways and other public property within said district;
(c)CA Water Code § 56040(c) The conservation of storm and waste waters for beneficial and useful purposes by spreading, storing, retaining or causing such waters, or any part thereof, to percolate into the soil within or without said district or the saving and conservation in any manner of any and all of such waters.

Section § 56041

Explanation

This section outlines the powers of a county drainage district in California. The district can take legal actions, adopt a seal, and manage property both within and outside its boundaries. It can use eminent domain, meaning it can take private property for public use, provided it covers any relocation costs. The district is allowed to enter into contracts, manage expenses, levy taxes, issue bonds, employ necessary personnel, and construct drainage systems. It can also borrow money, sell or lease unneeded property, and generally take any actions necessary to fulfill its purpose.

A county drainage district shall have the power:
(a)CA Water Code § 56041(a) To sue and be sued in its own name;
(b)CA Water Code § 56041(b) To adopt a seal;
(c)CA Water Code § 56041(c) To take by grant, purchase, gift, lease, devise or otherwise and to hold, use and enjoy real or personal property of every kind within or without the district necessary to or convenient for the full exercise of its powers;
(d)CA Water Code § 56041(d) To exercise the power of eminent domain to the full extent necessary to or convenient for the full exercise of its powers and to carry out the provisions of this act; provided, that if the exercise of such power requires the alteration or relocation of any facilities devoted to a public use, the cost of such alteration or relocation shall be borne by the district;
(e)CA Water Code § 56041(e) To make and accept all contracts, deeds, releases and documents of any kind which will be necessary or proper to the exercise of any of the powers of the district;
(f)CA Water Code § 56041(f) To direct the payment of all lawful claims and demands against the district;
(g)CA Water Code § 56041(g) To levy and collect taxes as hereinafter provided;
(h)CA Water Code § 56041(h) To issue bonds as hereinafter provided and provide for their payment;
(i)CA Water Code § 56041(i) To employ such engineers, experts, surveyors, counsel and other persons as are needed to carry into effect any powers of the district;
(j)CA Water Code § 56041(j) To acquire, construct, complete, operate and maintain a surface or underground drainage system or systems or combination thereof and such ditches, drains, conduits, pipelines, system of ditches, drains, conduits or pipelines or combinations thereof as may be determined necessary to accomplish the objects and purposes of the district;
(k)CA Water Code § 56041(k) Borrow money and incur indebtedness and guarantee the performance of its legal or contractual obligations whether heretofore or hereafter incurred; and also refund or retire any public indebtedness or lien that may exist against the district or any property therein which shall have arisen out of the transaction of the affairs of the district;
(l)CA Water Code § 56041(l) To sell, lease or otherwise dispose of any property of the district or any interest therein when it is no longer required for the purposes of the district or when its use may be permitted without interfering with its use by the district;
(m)CA Water Code § 56041(m) To do any other act to accomplish the objects and purposes of the district.

Section § 56042

Explanation

This law states that any rules or regulations (ordinances) for a county drainage district have to be approved by the board of directors of that district. Once approved, these ordinances need to be documented and shared publicly in the same way as county ordinances. Voters in the district have the power to propose new ordinances or reject existing ones, following the state's procedures for how counties handle similar actions.

All ordinances of a county drainage district shall be adopted by the board of directors of the district, and shall be certified to, recorded, and published in the same manner as ordinances of a county. The initiative and referendum powers are hereby granted to the electors of a county drainage district to be exercised in relation to the enactment or rejection of ordinances of a county drainage district in accordance with the procedure established by the laws of this state for the exercise of those powers in relation to counties.