A district may commence and maintain any actions and proceedings to carry out its purposes or protect its interests and may defend in any action or proceeding brought against it.
ControversiesActions and Proceedings
Section § 22650
This law allows a district to start or continue any court cases and legal actions needed to fulfill its goals or protect its interests. It also enables the district to defend itself in any lawsuits or legal actions taken against it.
district legal actions protection of district interests lawsuit defense
Section § 22651
This law section allows the board of a district to be involved in legal actions. They can sue others, defend themselves, and represent the district in court, either on their own or through attorneys.
In all actions or proceedings the board may sue, appear, and defend in person or by attorneys and in the name of the district.
district board legal actions sue
Section § 22651.5
This law section states that if someone wants to legally challenge a district's decision about rates or charges for electric services made after July 1, 2000, they must start their legal action within 120 days of that decision's effective date. However, if the case is about protesting or trying to get a refund for a capital facilities fee and the notice requirements weren't properly followed, this 120-day rule doesn't apply.
(a)CA Water Code § 22651.5(a) Except as specified in subdivision (b), any judicial action or proceeding against a district to attack, review, set aside, void, or annul an ordinance, resolution, or motion fixing or changing a rate or charge for an electric commodity or an electric service furnished by the district and adopted on or after July 1, 2000, shall be commenced within 120 days of the effective date of that ordinance, resolution, or motion.
(b)CA Water Code § 22651.5(b) The statute of limitations specified in subdivision (a) does not apply to any judicial action or proceeding filed pursuant to Chapter 13.7 (commencing with Section 54999) of Part 1 of Division 2 of Title 5 of the Government Code to protest or challenge a rate or charge or to seek the refund of a capital facilities fee if the notice and disclosure requirements of Section 54999.35 of the Government Code have not been followed.
judicial action electric rates legal challenge
Section § 22652
This section explains how you can officially notify a water district about a legal action. You can do this by delivering the summons to either the district's secretary or to more than half of its elected directors.
Service of summons upon a district may be made by serving it upon either the secretary or a majority of the directors elected.
service of summons water district district secretary
Section § 22653
If bondholders want to take legal action to force a district or its board to either do something or stop doing something, at least 10% of the district's bondholders must join as a group to start the legal process.
Before an action or proceeding by the holders of bonds of a district to compel or restrain the doing of an act by the district or its board may be commenced or maintained, the holders of 10 per cent or more of the outstanding bonds of the district shall join in the action or proceeding as plaintiffs, petitioners, or applicants for the relief sought.
bondholders legal action district board
Section § 22654
This law gives a water district the authority to start, participate in, settle, and pay for any legal action related to the ownership or use of water or water rights within the district. The water must be used for the district’s purposes or benefit any land in the district.
A district may commence, maintain, intervene in, compromise, and assume the costs of any action or proceeding involving or affecting the ownership or use of waters or water rights within the district used or useful for any purpose of the district or of benefit to any land.
water rights legal action ownership of water
Section § 22655
This law allows a district to take legal actions to protect the flow of water. It can do this if the water is useful for the district's purposes, benefits the community, or could endanger people or land if not properly managed.
A district may commence, maintain, intervene in, defend, and compromise actions and proceedings to prevent interference with or diminution of the natural flow of any stream or natural or artificially created subterranean supply of waters which may:
(a)CA Water Code § 22655(a) Be used or be useful for any purpose of the district.
(b)CA Water Code § 22655(b) Be of common benefit to the land or its inhabitants.
(c)CA Water Code § 22655(c) Endanger the inhabitants or the land.
water flow protection district legal actions stream interference prevention
