Section § 21100

Explanation

This section outlines the qualifications needed to become a director of a water district. Generally, a director must be a voter, a landowner in the district, and live in the division they represent. There are exceptions for directors elected during a formation election who only need to be residents and voters in the proposed district at the start. In districts with 15 or fewer landowners, being a landowner alone can qualify one to be a director without needing to be a voter.

In districts that provide retail electricity, the director must be a voter and a resident. However, if a district has to submit an urban water management plan, a director does not need to be a landowner if they serve in a district without divisions or if their division supplies water as a public system. Directors appointed or elected before 2007 must meet the original qualifications until their term ends.

(a)CA Water Code § 21100(a) Each director, except as otherwise provided in this division, shall be a voter and a landowner in the district and a resident of the division that he or she represents at the time of his or her nomination or appointment and through his or her entire term, except in the case of the director elected at a formation election. A director elected at a formation election shall be a resident, landowner, and voter in the proposed district at the time of his or her nomination and a resident of the division that he or she represents during his or her entire term.
(b)CA Water Code § 21100(b) In any district having no more than 15 landowners who are voters in the district, a person need not be a voter but shall be qualified to be a director of the district if he or she is a landowner of the district at the time of his or her nomination or appointment and during his or her entire term.
(c)CA Water Code § 21100(c) In a district providing retail electricity for residents of the district, each director, except as otherwise provided in this division, shall be a voter of the district and a resident of the division that he or she represents at the time of his or her nomination or appointment and during his or her entire term, except in the case of a director elected at a formation election. A director elected at a formation election shall be a resident in the proposed district at the time of his or her nomination and a resident of the division that he or she represents during his or her entire term.
(d)Copy CA Water Code § 21100(d)
(1)Copy CA Water Code § 21100(d)(1) Notwithstanding subdivision (a) of Section 21100, except as provided in paragraph (2), for the purpose of meeting the requirements of that subdivision, a person need not be a landowner within the district to be qualified to be a director of the district if either of the following applies:
(A)CA Water Code § 21100(d)(1)(A) The person serves or seeks to serve on the board of directors of a district without divisions and the district is required to submit an urban water management plan pursuant to the Urban Water Management Planning Act (Part 2.6 (commencing with Section 10610) of Division 6).
(B)CA Water Code § 21100(d)(1)(B) The person serves or seeks to serve on the board of directors of a district with divisions, the district is required to submit an urban water management plan pursuant to the Urban Water Management Planning Act (Part 2.6 (commencing with Section 10610) of Division 6), and the district, within the division that the person represents or seeks to represent, supplies water as a public water system subject to Chapter 4 (commencing with Section 116270) of Part 12 of Division 104 of the Health and Safety Code.
(2)CA Water Code § 21100(d)(2) A director appointed or elected before January 1, 2007, shall be subject to the qualification requirements imposed by subdivision (a) until the expiration of his or her term.

Section § 21100.2

Explanation

This law applies to the Pixley Irrigation District. It allows the district's board of directors to pass a resolution that lets someone who only owns land in the district, without meeting other usual criteria, become a director. However, registered voters in the district can request that all future directors must meet all standard requirements. If 25% of registered voters sign this request, then all future directors must meet those complete requirements.

(a)CA Water Code § 21100.2(a) This section applies to the Pixley Irrigation District.
(b)CA Water Code § 21100.2(b) Notwithstanding Section 21100, the board of directors of the district may adopt a resolution that authorizes a person who meets only the landownership requirement of Section 21100 to be a director of the district.
(c)CA Water Code § 21100.2(c) Notwithstanding the adoption of a resolution pursuant to subdivision (b), the registered voters in the district may request, in writing, that all of the directors who are appointed or elected subsequent to the receipt of the request be required to meet all of the requirements of Section 21100. The request shall be submitted to the directors.
(d)CA Water Code § 21100.2(d) If the directors determine that at least 25 percent of the registered voters in the district have signed the request submitted pursuant to subdivision (c), all of the directors who are appointed or elected subsequent to the receipt of the request shall meet all of the requirements of Section 21100.

Section § 21100.3

Explanation

This law section is about the Tulelake Irrigation District and sets rules for who can be on its board of directors. To be a director, a person must be a registered California voter, live in or near the district, and own land there or be a legal representative of a landowner.

The district's board can make a rule allowing such people to serve as directors, even if they don’t meet other usual requirements, unless enough district voters (25%) ask for stricter rules. If they do, the directors must meet the original requirements set out in another section of the law.

Also, legal representatives who want to be directors must prove they have the authority to act on behalf of landowners by submitting their authorization to the district.

(a)CA Water Code § 21100.3(a) This section only applies to the Tulelake Irrigation District. For the purpose of this section, the following terms have the following meanings:
(1)CA Water Code § 21100.3(a)(1) “Corporation” means any legal entity, public or private, properly organized under the laws of the state in which it was created, that is allowed to own real property in California.
(2)CA Water Code § 21100.3(a)(2) “District” means the Tulelake Irrigation District, originally formed as Tule Lake Irrigation District.
(3)CA Water Code § 21100.3(a)(3) “Legal representative” means the person authorized to act for purposes of this section for or on behalf of a corporation, estate, or trust holding title to land within the district.
(4)CA Water Code § 21100.3(a)(4) “Residency area” means land within the district or land within one mile of any district boundary.
(b)CA Water Code § 21100.3(b) Notwithstanding subdivision (a) of Section 21100, the board of directors of the district may adopt a resolution that authorizes a person to be a director if the person, at the time of his or her nomination or appointment and through his or her entire term, meets all of the following requirements:
(1)CA Water Code § 21100.3(b)(1) Is a registered voter in California.
(2)CA Water Code § 21100.3(b)(2) Resides within the residency area.
(3)CA Water Code § 21100.3(b)(3) Is an owner of real property within the division he or she represents or the owner’s legal representative.
(c)CA Water Code § 21100.3(c) Notwithstanding the adoption of a resolution pursuant to subdivision (b), the registered voters in the district may request, in writing, that all of the directors who are appointed or elected subsequent to the receipt of the request be required to meet all of the requirements of Section 21100. The request shall be submitted to the board of directors.
(d)CA Water Code § 21100.3(d) If the board of directors determines that at least 25 percent of the registered voters in the district have signed the request submitted pursuant to subdivision (c), all of the directors who are appointed or elected subsequent to the receipt of the request shall meet all of the requirements of Section 21100.
(e)CA Water Code § 21100.3(e) Before a legal representative may declare his or her candidacy or be appointed to serve as a director under this section, he or she shall present to the district a copy of his or her authority that shall be kept and filed with the returns of the election or the certificate of appointment.

Section § 21100.4

Explanation

This law is about the Hills Valley Irrigation District. It allows the district's board of directors to let someone be a director even if they only own land and don't meet the usual requirements. However, local voters can ask that future directors meet all the usual requirements if 25% of registered voters sign a written request. If this happens, any appointed or elected directors must follow all standard qualifications after the request is made.

(a)CA Water Code § 21100.4(a) This section applies to the Hills Valley Irrigation District.
(b)CA Water Code § 21100.4(b) Notwithstanding Section 21100, the board of directors of the district may adopt a resolution that authorizes a person who meets only the landownership requirement of Section 21100 to be a director of the district.
(c)CA Water Code § 21100.4(c) Notwithstanding the adoption of a resolution pursuant to subdivision (b), the registered voters in the district may request, in writing, that all of the directors who are appointed or elected subsequent to the receipt of the request be required to meet all of the requirements of Section 21100. The request shall be submitted to the directors.
(d)CA Water Code § 21100.4(d) If the directors determine that at least 25 percent of the registered voters in the district have signed the request submitted pursuant to subdivision (c), all of the directors who are appointed or elected subsequent to the receipt of the request shall meet all of the requirements of Section 21100.

Section § 21100.5

Explanation

This law is about the Stratford Irrigation District and the requirements for becoming a board director there. Normally, directors need to meet certain landownership and residency requirements as per Section 21100.

However, the board can make an exception, allowing someone who owns land in the district and lives in Kings County to be a director, even if they don't meet the usual requirements. But, if at least 25% of the district's registered voters request it, any new directors must follow the usual requirements of Section 21100.

(a)CA Water Code § 21100.5(a) This section applies to the Stratford Irrigation District.
(b)CA Water Code § 21100.5(b) Notwithstanding Section 21100, the board of directors of the district may adopt a resolution that authorizes a person who meets the landownership requirement of Section 21100 and resides in Kings County to be a director of the district.
(c)CA Water Code § 21100.5(c) Notwithstanding the adoption of a resolution pursuant to subdivision (b), the registered voters in the district may request, in writing, that all of the directors who are appointed or elected subsequent to the receipt of the request be required to meet all of the requirements of Section 21100. The request shall be submitted to the directors.
(d)CA Water Code § 21100.5(d) If the directors determine that at least 25 percent of the registered voters in the district have signed the request submitted pursuant to subdivision (c), all of the directors who are appointed or elected subsequent to the receipt of the request shall meet all of the requirements of Section 21100.

Section § 21100.6

Explanation

This section deals with the governance rules for the Byron-Bethany Irrigation District. It allows the board of directors to let someone from Alameda, Contra Costa, or San Joaquin counties, who meets certain landownership criteria, become a director. Meanwhile, registered voters in the district can request that future directors meet the usual requirements if at least 25% of them sign the request. The board can also require directors to be elected by specific areas or divisions.

Before implementing these changes, the board must give 45 days' notice of a public hearing and provide extensive details in the notice, including information on how registered voters can express opposition. If 10% of voters protest, the board cannot adopt the resolution for at least four years. Also, any resolution regarding elections can't be adopted less than 180 days before a general district election.

(a)CA Water Code § 21100.6(a) This section applies to the Byron-Bethany Irrigation District.
(b)Copy CA Water Code § 21100.6(b)
(1)Copy CA Water Code § 21100.6(b)(1) Notwithstanding Section 21100, the board of directors of the district may adopt a resolution that authorizes a person who meets the landownership requirement of Section 21100 and resides in the County of Alameda, Contra Costa, or San Joaquin to be a director of the district.
(2)CA Water Code § 21100.6(b)(2) Notwithstanding the adoption of a resolution pursuant to paragraph (1), the registered voters in the district may request, in writing, that all of the directors who are elected subsequent to the receipt of the request be required to meet all of the requirements of Section 21100. The request shall be submitted to the directors.
(3)CA Water Code § 21100.6(b)(3) If the directors determine that at least 25 percent of the registered voters in the district have signed the request submitted pursuant to paragraph (2), all of the directors who are elected subsequent to the receipt of the request shall meet all of the requirements of Section 21100.
(c)CA Water Code § 21100.6(c) Notwithstanding Sections 21552, 21553, and 21554, the board of directors of the district may adopt a resolution that requires the election of directors by division. The proposed division boundaries shall be made available upon request and at the public hearing described in subdivision (d). Division boundaries shall be established pursuant to Article 3 (commencing with Section 21605) of Chapter 1 of Part 4.
(d)Copy CA Water Code § 21100.6(d)
(1)Copy CA Water Code § 21100.6(d)(1) Before considering the adoption of a resolution pursuant to subdivision (b) or (c), the board of directors shall provide at least 45 days’ notice of the public hearing at which the board proposes to act on the resolution. The notice of the public hearing shall be given by placing a display advertisement of at least one-eighth page in a newspaper of general circulation for three weeks pursuant to Section 6063 of the Government Code and by first-class mailing to each voter, postage prepaid, in the United States mail and shall be deemed given when so deposited. The public hearing shall be held at least 45 days after the mailing pursuant to this subdivision. The envelope or the cover of the mailing shall include the name of the local agency and the return address of the sender. This mailed notice shall be in at least 10-point type and be given to all registered voters in the district.
(2)CA Water Code § 21100.6(d)(2) The notice required by paragraph (1) shall include, but not be limited to, all of the following:
(A)CA Water Code § 21100.6(d)(2)(A) A statement that the board of directors will consider a resolution authorizing a person who only meets the landownership requirement of Section 21100 to be a director of the district, or a statement that the board of directors will consider a resolution that requires the election of directors by division.
(B)CA Water Code § 21100.6(d)(2)(B) The address to which registered voters may mail a protest against the adoption of a resolution pursuant to subdivision (b) or (c).
(C)CA Water Code § 21100.6(d)(2)(C) The phone number and address of an individual that interested persons may contact to receive additional information about the resolution.
(D)CA Water Code § 21100.6(d)(2)(D) A statement that a protest by 10 percent of the registered voters will prevent the adoption of the resolution by the board of directors and that the board of directors are prohibited from considering the adoption of such a resolution for at least four years.
(E)CA Water Code § 21100.6(d)(2)(E) The date, time, and location of the public hearing.
(e)Copy CA Water Code § 21100.6(e)
(1)Copy CA Water Code § 21100.6(e)(1) Prior to the public hearing, any voter may submit to the board of directors a written protest against the adoption of a proposed resolution pursuant to subdivision (b) or (c). The protest shall be in writing and shall identify the registered voter.
(2)CA Water Code § 21100.6(e)(2) If the board of directors finds that the protest made by the registered voters in the district represents more than 10 percent of the total number of registered voters in the district, and the protests are not withdrawn so as to reduce the percentage to less than 10 percent, the board of directors shall not adopt the resolution and shall not consider the adoption of such a resolution for at least four years.
(f)CA Water Code § 21100.6(f) A resolution shall not be adopted pursuant to subdivision (b) or (c) less than 180 days before a general district election.

Section § 21100.7

Explanation

This law states that the South Bay Irrigation District is exempt from the landownership requirements specified in another section of the law.

The landownership requirements set forth in subdivision (a) of Section 21100 do not apply to the South Bay Irrigation District.

Section § 21100.8

Explanation

This law pertains specifically to the South Fork Irrigation District and outlines the criteria for who can serve as a director on its board. A director must be a registered voter in California, live within the district or nearby, and own property in the area or be a legal representative of the owner. While the board can allow a person to become a director under these rules, voters in the district can request that future directors meet additional requirements. If at least 25% of voters agree, these stricter rules must be applied.

Moreover, any legal representative wishing to serve as a director must provide official proof of their authority before candidacy or appointment.

(a)CA Water Code § 21100.8(a) This section only applies to the South Fork Irrigation District. For the purpose of this section, the following terms have the following meanings:
(1)CA Water Code § 21100.8(a)(1) “Corporation” means any legal entity, public or private, properly organized under the laws of the state in which it was created, that is allowed to own real property in California.
(2)CA Water Code § 21100.8(a)(2) “District” means the South Fork Irrigation District.
(3)CA Water Code § 21100.8(a)(3) “Legal representative” means the person authorized to act for purposes of this section for or on behalf of a corporation, estate, or trust holding title to land within the district.
(4)CA Water Code § 21100.8(a)(4) “Residency area” means land within the district or land within five miles of any district boundary.
(b)CA Water Code § 21100.8(b) Notwithstanding subdivision (a) of Section 21100, the board of directors of the district may adopt a resolution that authorizes a person to be a director if the person, at the time of the person’s nomination or appointment and through the person’s entire term, meets all of the following requirements:
(1)CA Water Code § 21100.8(b)(1) Is a registered voter in California.
(2)CA Water Code § 21100.8(b)(2) Resides within the residency area.
(3)CA Water Code § 21100.8(b)(3) Is an owner of real property within the division the person represents or the owner’s legal representative.
(c)CA Water Code § 21100.8(c) Notwithstanding the adoption of a resolution pursuant to subdivision (b), the registered voters in the district may request, in writing, that all of the directors who are appointed or elected subsequent to the receipt of the request be required to meet all of the requirements of Section 21100. The request shall be submitted to the board of directors.
(d)CA Water Code § 21100.8(d) If the board of directors determines that at least 25 percent of the registered voters in the district have signed the request submitted pursuant to subdivision (c), all of the directors who are appointed or elected subsequent to the receipt of the request shall meet all of the requirements of Section 21100.
(e)CA Water Code § 21100.8(e) Before a legal representative may declare the legal representative’s candidacy or be appointed to serve as a director under this section, the person shall present to the district a copy of that person’s authority that shall be kept and filed with the returns of the election or the certificate of appointment.

Section § 21101

Explanation

This law section specifies when newly elected officers assume their positions. Generally, officers take office right after they qualify for the position. However, those elected in a general district election start their term at noon on the first Friday in December after the election.

Notwithstanding Sections 10505 and 10554 of the Elections Code, elective officers, irrespective of the method of their selection, take office as soon as they qualify, except that officers elected at a general district election take office at noon on the first Friday in December next following the general district election.

Section § 21102

Explanation

Before the first Friday of December after the general district election, every elected officer must take the official oath and file it with the district's office. They also need to provide the necessary bond.

Prior to the first Friday in December next following the general district election each elective officer shall take and subscribe the official oath and file it in the office of the district and execute the bond required of him or her.

Section § 21104

Explanation

In California, after the first group of officers is elected, each subsequent elected official will serve a four-year term. They will stay in office until the next person is ready to take over.

The term of office of each elective officer subsequent to the officers elected at the formation election is four years or until his successor qualifies and takes office.