If a majority of the votes cast in each affected county at the formation election favor the formation of the district, the board of supervisors shall, by an order entered on its minutes, declare the territory included within the proposed boundaries to be formed as a municipal water district under the designated name.
FormationEstablishment of District
Section § 71190
For a municipal water district to be formed, there must be a majority of votes in favor from each affected county during the formation election. If this majority is achieved, the board of supervisors will officially establish the district by recording an order in their records, confirming the district's creation under the chosen name.
municipal water district formation formation election majority votes
Section § 71191
When a district is formed, the county clerk has a couple of important tasks. They must quickly record a certificate at the county recorder's office stating the district's formation was approved. They also need to file a certificate with the Secretary of State that includes the district's name, formation date, the counties it covers, and a detailed description or map of the district's boundaries. If the order that sets up the district already includes this information, the clerk can file that order instead of creating a separate certificate.
The county clerk shall immediately cause to be recorded in the office of the county recorder of each affected county, a certificate stating that the proposition to form the district was adopted.
The county clerk shall immediately cause to be filed with the Secretary of State a certificate listing:
(a)CA Water Code § 71191(a) The name of the district.
(b)CA Water Code § 71191(b) The date of formation.
(c)CA Water Code § 71191(c) The county or counties in which the district is located, and a description of the boundaries of the district, or reference to a map showing such boundaries, which map shall be attached to the certificate, or reference to the county recorder’s office where a description of such boundaries has been recorded.
If the order declaring the district organized contains all of the information required to be in the last-mentioned certificate, the clerk may file a copy of the order with the Secretary of State in lieu of the certificate.
county clerk duties district formation certificate recording
Section § 71192
This law section states that once the Secretary of State receives confirmation from the county clerk, or an order that declares the municipal water district is organized, they have 10 days to issue a certificate. This certificate confirms that the water district has been officially incorporated following state laws.
Upon the receipt of the county clerk’s certificate, or a copy of the order declaring the district organized, the Secretary of State shall, within 10 days, issue his certificate reciting that the municipal water district, naming it, has been duly incorporated according to the laws of the State.
county clerk's certificate municipal water district district organization
Section § 71193
This law states that a copy of the certificate from the Secretary of State must be sent to and filed with the county clerk in every county that is impacted by the certificate.
A copy of the Secretary of State’s certificate shall be transmitted to and filed with the county clerk of each affected county.
Secretary of State certificate county clerk transmission
Section § 71194
This law states that once a county clerk files a certificate with the Secretary of State, a named district officially becomes a municipal water district. This means it gains all the related rights and powers set by laws for such districts.
From and after the date of filing the county clerk’s certificate with the Secretary of State, the district named therein is incorporated as a municipal water district, with all the rights, privileges and powers set forth in this division, and necessarily incident thereto.
municipal water district incorporation process county clerk certificate
Section § 71195
This law states that minor mistakes or informalities in the process of setting up a municipal water district or during elections will not invalidate its formation, as long as those errors do not significantly harm anyone's legal rights.
No informality in any proceeding, or in the conduct of any election, not substantially affecting adversely the legal rights of any citizen, shall invalidate the incorporation of any municipal water district.
municipal water district legal rights informalities
Section § 71196
If someone wants to challenge the legality of a district's formation, they must start legal action within three months after the incorporation certificate is issued by the Secretary of State. If not, the district's formation and legal status will be considered valid and beyond dispute.
Any proceeding wherein the validity of the incorporation of a district is denied shall be commenced within three months from the date of the Secretary of State’s certificate of incorporation; otherwise the incorporation and legal existence of the district and all proceedings in respect thereto shall be held to be valid and in every respect legal and incontestable.
district incorporation validity challenge Secretary of State certificate
