Section § 56010

Explanation

This law explains how to start the process of forming a county drainage district in California. It begins when the county's board of supervisors receives a petition signed by enough real property owners. The petition can be made up of multiple documents, as long as each one meets all the necessary criteria besides the number of signatures.

Proceedings for the formation of a county drainage district shall be instituted by the board of supervisors of a county when a petition requesting the institution of such proceedings and signed by the requisite number of owners of real property is filed with the board. The petition may consist of any number of separate instruments, each of which must comply with all of the requirements of a petition except as to the number of signatures.

Section § 56011

Explanation

If you want to create a county drainage district, you need to submit a petition to the county's board of supervisors. The petition should clearly describe the district's boundaries and must be signed by at least 100 property owners within the proposed area. However, if there are 200 or fewer property owners in total, then a majority must sign. Once the board verifies the number of signatures, their decision is final.

A petition requesting the institution of proceedings for the formation of a county drainage district shall:
(a)CA Water Code § 56011(a) Request the board of supervisors of a county in which the district will be located to institute proceedings to form a county drainage district pursuant to this part;
(b)CA Water Code § 56011(b) Describe the boundaries of the territory which is proposed for the district;
(c)CA Water Code § 56011(c) Be signed by not less than 100 owners of real property within the proposed district unless the total number of owners of real property within the proposed district does not exceed 200, in which case the petition shall be signed by a majority of such owners. If the board of supervisors finds that the petition is signed by the requisite number of owners of real property residing within the territory to be included within the proposed district, that finding shall be final and conclusive.

Section § 56012

Explanation

This law outlines the steps needed to start forming a county drainage district. First, the local board of supervisors must pass a resolution stating their intention to create the district. This resolution must include several key pieces of information: a statement of intent, a description of the district's boundaries, the proposed name of the district, and details on when and where the public can voice any objections. Lastly, it instructs the board clerk to publish the resolution and notify the public about the hearing.

Proceedings for the formation of a county drainage district shall be instituted by the board of supervisors by the adoption of a resolution of its intention to do so. The resolution shall contain all of the following:
(a)CA Water Code § 56012(a) A statement of the intention to form the district;
(b)CA Water Code § 56012(b) The boundaries of the proposed district or some other designation of its territorial extent;
(c)CA Water Code § 56012(c) The name of the proposed district;
(d)CA Water Code § 56012(d) The time and place where objections to the formation of the district or to its extent will be heard;
(e)CA Water Code § 56012(e) Instructions to the clerk of the board to publish the resolution and notices of hearing.

Section § 56013

Explanation

This law outlines how a district can be formed. It can include both unincorporated areas and parts or all of cities, but only if the city's governing board approves it. If another district with similar goals exists, it can't be included without agreement from that district's leaders and a county resolution stating it's beneficial for the affected area and public interest.

The district as formed may include unincorporated or incorporated and contiguous unincorporated territory. The incorporated territory included in the district may include the whole or part of one or more cities. However, the whole or part of a city shall not be included in a district except by the vote of a majority of the governing board of the city. The district shall not include the whole or any part of any other district formed for similar purposes unless the governing body of such other district shall consent thereto and the board of supervisors shall find and determine by resolution duly adopted that the proposed inclusion of the whole or part of such other district is in the best public interest and the territory affected will be benefited thereby.

Section § 56014

Explanation

This law states that there must be a minimum of 30 days between when the board of supervisors officially decides to consider forming a new district and when they hold a hearing to hear any objections about the district's creation or its size. The hearing will take place at the board’s regular meeting place or within the boundaries of the proposed district, as specified in the resolution to form the district.

The time to be fixed for the hearing of objections to the formation or extent of the district shall be not less than 30 days after the adoption of the resolution of intention to form the district by the board of supervisors. The hearing shall be held at the regular meeting place of the board of supervisors or at some place within the proposed district as specified by the board in the resolution of intention to form the district.

Section § 56015

Explanation

Before a hearing takes place, a complete version of the resolution must be published in the area where the district is proposed, following a specific process outlined in Section 6066 of the Government Code. Additionally, short notices about the resolution and details of the hearing's time and location may also be published in the same area, using the same legal procedures.

Prior to the time of hearing, the resolution shall be published at length in the proposed district pursuant to Section 6066 of the Government Code. Brief notices of the passage of the resolution and the time and place of the hearing may be published in the proposed district pursuant to Section 6066 of the Government Code.

Section § 56016

Explanation

The board of supervisors will hold a hearing to listen to any objections about creating the district or its boundaries. They can remove any area they think won't gain from being part of the district.

At the time provided in the resolution of intention or at any time to which the hearing is continued, the board of supervisors shall hear any objections to the formation of the district or to its extent. At the hearing the board of supervisors shall exclude any territory that in its opinion will not be benefited by being in the district.

Section § 56017

Explanation

If enough people (10% of registered voters in a proposed district) object in writing to forming a new district, the board of supervisors can either stop the formation entirely or let the voters in the proposed area decide by holding an election.

If written objection to the formation of the district signed by 10 percent of the voters registered in the district is filed with the board of supervisors, it shall, and in any event it may, either adopt an order abandoning the formation of the district or order the matter of the formation of the district with the boundary lines determined at the close of the hearing submitted to the voters of the proposed district at an election.

Section § 56018

Explanation

In this law, only voters who are registered in the proposed district can participate in the election. The local board of supervisors is responsible for setting up the election precincts and appointing precinct boards composed of an inspector, a judge, and a clerk. Notice of the election must be published in the proposed district at least one week before the election, complying with a specific government code. The board of supervisors will decide how the rest of the election process will be conducted.

At the election only voters registered in the proposed district may vote. Election precincts shall be established by the board of supervisors, and precinct boards, composed of one inspector, one judge, and one clerk shall be appointed. At least one week prior to the election notice of the election shall be published in the proposed district pursuant to Section 6061 of the Government Code. In other particulars the election shall be conducted in the manner ordered by the board of supervisors.

Section § 56018.1

Explanation

When there's an election to form a new district, the legislative body responsible for calling the election must notify the local agency formation commission's executive officer by registered mail within five days. This notification must include details like the name and description of the proposed district.

The executive officer then has five days to prepare a 500-word impartial analysis of the proposed district, including its boundaries, and submit this to the commission. The local agency formation commission has another five days to approve or modify this analysis before sending it to the officials who will conduct the election.

Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail, a written notification of the election call to the executive officer of the local agency formation commission of the county or principal county in which the territory or major portion of the territory of the proposed district is located. Such written notice shall include the name and a description of the proposed district, and may be in the form of a certified copy of the resolution adopted by the legislative body calling the district formation election.
The executive officer, within five days after being notified that a district formation election has been called, shall submit to the commission, for its approval or modification, an impartial analysis of the proposed district formation.
The impartial analysis shall not exceed 500 words in length and shall include a specific description of the boundaries of the district proposed to be formed.
The local agency formation commission, within five days after the receipt of the executive officer’s analysis, shall approve or modify the analysis and submit it to the officials in charge of conducting the district formation election.

Section § 56018.2

Explanation

This law allows the board of supervisors, authorized members, individual voters, or associations of citizens to submit written arguments for or against forming a new district. These arguments must be concise, no longer than 300 words, and submitted at least 54 days before the election deciding on the district's formation.

The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled to vote on the district formation proposition, or any combination of such voters and associations of citizens, may file a written argument for or a written argument against the proposed district formation.
Arguments shall not exceed 300 words in length and shall be filed with the officials in charge of conducting the election not less than 54 days prior to the date of the district formation election.

Section § 56018.3

Explanation

This law explains how officials decide which arguments for and against a proposed district formation will be printed and distributed to voters. If there are multiple arguments, the officials must choose one from each side. They should prioritize arguments from the county's board of supervisors first, and then look at those submitted by individual voters or citizen groups.

If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time prescribed, such election officials shall select one of the arguments for printing and distribution to the voters.
In selecting the arguments, the election officials shall give preference and priority in the order named to the arguments of the following:
(a)CA Water Code § 56018.3(a) The board of supervisors or any member or members of the board authorized by the board.
(b)CA Water Code § 56018.3(b) Individual voters or bona fide associations of citizens or a combination of such voters and associations.

Section § 56018.4

Explanation

Before voting on the formation of a district, every voter eligible to participate must receive a ballot pamphlet. This pamphlet includes the full text of what's being proposed, a neutral analysis from the local agency formation commission, and arguments for and against forming the district. It must be sent at least 10 days before the election date. The pamphlet is considered official material under election law.

The officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be printed and mailed to each voter entitled to vote on the district formation question.
The ballot pamphlet shall contain the following in the order prescribed:
(a)CA Water Code § 56018.4(a) The complete text of the proposition.
(b)CA Water Code § 56018.4(b) The impartial analysis of the proposition prepared by the local agency formation commission.
(c)CA Water Code § 56018.4(c) The argument for the proposed district formation.
(d)CA Water Code § 56018.4(d) The argument against the proposed district formation.
The elections officials shall mail a ballot pamphlet to each voter entitled to vote in the district formation election at least 10 days prior to the date of the election. The ballot pamphlet is “official matter” within the meaning of Section 13303 of the Elections Code.

Section § 56019

Explanation

After a hearing or an election where most people vote to create a water district, the board of supervisors can decide to officially form the district if they think it's a good idea.

At the conclusion of the hearing, or if an election is held and the canvass of the election returns shows that a majority of all the votes cast in the entire proposed district were in favor of the formation of the district, the board of supervisors may, if it deems best, make an order forming the district.

Section § 56020

Explanation

This law states that when a district is formed, the official order must include the district's name and describe its boundaries or the area it covers. Once this order is issued, it's final proof that everything leading up to it was done correctly, except for publishing the resolution of intention and holding the hearing itself.

The order of formation shall contain the name of the district, and a description of the boundaries or otherwise indicate its territory. The order is conclusive evidence of the regularity of all prior proceedings, except the adoption and publication in full of the resolution of intention and of the fact of the hearing.