PropertyAcquisition of Property

Section § 22425

Explanation

This section of the Water Code allows a district to obtain property or interests in property by various means to fulfill its purposes. These purposes include constructing, improving, and operating water-related infrastructure within or outside the state, and even in other countries. The types of properties include existing construction projects, stocks in companies dealing with water and related rights, lands for water supply and irrigation, buildings, and any property needed to secure state financial assistance for local projects.

A district may acquire by any means any property or interest in property to carry out its purposes, including any of the following:
(a)CA Water Code § 22425(a) Property for the construction, improvement, and operation of works in this state or in any other state or in a foreign nation.
(b)CA Water Code § 22425(b) Works being constructed.
(c)CA Water Code § 22425(c) Stock of domestic or foreign corporations owning water, water rights, canals, water works, franchises, concessions, or rights.
(d)CA Water Code § 22425(d) Works by which land has been or may be supplied with water for irrigation.
(e)CA Water Code § 22425(e) Property not otherwise authorized herein that may be required as a condition to obtaining state financial assistance for local projects as set forth in Chapter 5 (commencing with Section 12880), of Part 6, Division 6, of the Water Code.
(f)CA Water Code § 22425(f) Public buildings and grounds.
acquisition of property water infrastructure irrigation projects ...

Section § 22426

Explanation

This law allows a district to acquire property that is needed for its purposes. Even if the property has debts or other claims against it, the district can still own and use it.

Any property necessary for the purposes of the district may be acquired by the district and held subject to any liens, incumbrances, or obligations on it at the time of its acquisition.
district property acquisition property liens property encumbrances ...

Section § 22427

Explanation

This law allows a district to obtain the right to flood or disrupt public or private property if it's necessary because of district construction projects. This means if roads, railroads, canals, or similar properties might be affected by these projects, the district can legally interfere with them.

If any road, railroad, canal, or other property subject or devoted to public use will become subject to flooding or other interference by reason of the construction or proposed construction of any works of a district, the district may acquire the right to flood or otherwise interfere with the property, whether or not it is publicly or privately owned.
public use property flooding rights district construction projects ...

Section § 22428

Explanation

This law allows a district to obtain any property needed to move a road, railroad, canal, or similar public asset, as long as they are required to do so by a court decision or an agreement. Once acquired, the district can then transfer ownership of the relocated asset to fulfill the terms of the judgment or agreement.

If by a judgment or agreement a district is required to relocate any road, railroad, canal, or other property subject or devoted to public use, the district may acquire all property necessary to comply with the agreement or judgment and make conveyances of the relocated road, railroad, canal, or other property to comply with the agreement or judgment.
property relocation public use district responsibilities ...

Section § 22429

Explanation

This law allows for the placement, building, and upkeep of a district's infrastructure on any land that the state currently owns or will own in the future.

The right is hereby granted to locate, construct, and maintain any of the works of a district on any land which is now or hereafter owned by the State.
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Section § 22430

Explanation

This law means that any water and water rights within a district that belong to the state are allocated specifically for use by that district.

There is given, dedicated, and set apart for the uses and purposes of each district all water and water rights belonging to this State within the district.
water rights district water use state-owned water ...

Section § 22431

Explanation

This law allows a district to build structures over or through areas like rivers, roads, railways, or conduits, even if they are used by the public. However, they must ensure it's done safely and restore the area as close to its original condition as possible to maintain its functionality.

A district may construct any works across any watercourse, road, railway, conduit, or other property subject or devoted to public use in a manner that will afford security to life and property. The district shall restore the property crossed as near as may be to its former state or so as not to have impaired unnecessarily its usefulness.
district construction public property use safety measures ...

Section § 22432

Explanation

This law allows a district to receive a deed or release from any claimant, including other agencies that levy taxes or assessments, for any interest in property that the district owns or claims. The district's board will decide if the terms are in the district's best interests.

A district may on terms its board deems for the best interests of the district take a deed or release from any claimant, including any other taxing or assessing agency, to any interest in any property owned or claimed by the district.
district property interest deed acquisition release of claims ...

Section § 22433

Explanation

This law allows a district to buy property that has been sold for failure to pay taxes or transferred to the State, if the district has a claim, lien, or any form of interest in it due to unpaid assessments.

A district may purchase pursuant to law property tax sold or tax deeded to the State on which the district has a claim, lien, or deed for unpaid assessments or any right, title, interest, or claim.
purchase property tax deeded district claims ...

Section § 22434

Explanation

This law allows a district's board to settle or eliminate any tax or assessment liens that are equal or higher in rank than the district's on property the district owns. They can also buy such outstanding tax or assessment titles on these properties.

Any district when it appears to its board to be for the best interest of the district may discharge with or without compromise any overlapping tax or assessment liens equal or superior in rank to those of the district existing on any property to which the district has title and may purchase any outstanding tax or assessment titles existing on the property equal or superior in rank to the title of the district.
district board tax liens assessment liens ...

Section § 22435

Explanation

This law allows a district to use its funds to fulfill obligations under Section 22434. It can also use those funds to buy written proof of debts from other agencies that share its tax or assessment area.

A district may notwithstanding any other provisions of this division use any of its funds to carry out the provisions of Section 22434 and may with these funds purchase written evidences of indebtedness of overlapping taxing or assessing agencies for this purpose.
district funding written evidences of indebtedness overlapping agencies ...

Section § 22436

Explanation

This section allows a district to officially acquire property by taking on titles, leases, contracts, or other types of legal property agreements using the district’s name.

A district may in its name take conveyances, leases, contracts, or other assurances for all property acquired by it.
property acquisition district authority conveyances ...

Section § 22437

Explanation

The law states that any property obtained by a district is held in trust specifically for the district's intended uses and purposes. This means the district has the authority to handle the property according to its designated functions, including holding, using, acquiring, managing, selling, or leasing it, as allowed within this division.

The title to all property acquired by a district is held in trust for its uses and purposes. The district may hold, use, acquire, manage, sell, or lease the property as provided in this division.
property trust district property management property acquisition ...

Section § 22438

Explanation

This law section explains the rights of a district that owns an easement for an open canal or waterway across land it doesn't own. It grants the district a secondary easement around the canal for necessary maintenance and operations. This secondary easement lasts as long as the district owns the primary easement, regardless of its use.

Landowners can use their land covered by the secondary easement, as long as it doesn't interfere with the district's rights. If the landowner's use blocks or obstructs the district’s operations, the district can remove the obstruction at the landowner's cost or through legal action.

Finally, this law doesn't limit anyone's right to acquire easements through other legal means or agreements.

(a)CA Water Code § 22438(a) A district which is the owner of an easement for an open canal or other water conveyance facility for the transportation of water across lands not owned by the district, other than an easement evidenced by a written grant or judgment providing a legal description of the easement, has a secondary easement on each side of the open canal or other water conveyance facility for the maintenance, repair, cleaning, operation, and control of the open canal or other water conveyance facility and other use as may reasonably be required by the district in exercising those rights and in the maintenance, repair, cleaning, and operation of that easement and open canal or other water conveyance facility with equipment owned by, or available to, the district for that use at the time the rights are exercised. The duration of the secondary easement shall be for as long as the district, or its successors or assigns, continues to own the open canal or other water conveyance facility easement regardless of what use has or has not been made of the secondary easement.
(b)CA Water Code § 22438(b) The owner or any lessee of the land upon which a secondary easement is located may use the surface of the land upon which the secondary easement is located for his or her own purposes to the extent that use does not unreasonably interfere with the district’s ownership or use of the secondary easement or the open canal or other water conveyance facility easement. Any encroachment or obstruction placed or permitted upon the secondary easement by the owner or any lessee of the land, which unreasonably interferes with the secondary easement or the open canal or other water conveyance facility easement, may be removed by the district at the owner’s or lessee’s expense, or by legal action filed by the district.
(c)CA Water Code § 22438(c) This section shall not be construed to limit the right of a district or of any person to acquire any easement by prescription or condemnation or to enter into a written agreement concerning an easement or secondary easement upon terms agreed to by the parties.
easement rights secondary easement landowner responsibilities ...