Section § 71750

Explanation

This law states that a district has the legal right to initiate lawsuits or be sued in courts and other legal settings, unless there is another law that says differently.

A district may sue and be sued, except as otherwise provided in this division or by law, in all actions and proceedings in all courts and tribunals of competent jurisdiction.

Section § 71751

Explanation

This law allows a district to take legal action regarding water rights. Specifically, this means the district can start, engage in, join, or settle court cases related to the ownership or use of water within its area. This can apply whether the water is for the district's needs or benefits people or land in the district.

A district may commence, maintain, intervene in, and compromise, in the name of the district, any action or proceeding involving or affecting the ownership or use of water or water rights within the district, used or useful for any purpose of the district, or a common benefit to lands within the district or inhabitants of the district.

Section § 71752

Explanation

This law section explains that if there is a contract or financial obligation like bonds or notes related to certain services in water management, someone can challenge its validity in court. To do this, they must use a specific legal procedure laid out in another part of the law.

An action to determine the validity of any contract authorized by Article 1 (commencing with Section 71720) of Chapter 5 of this part and any bonds, notes or other evidences of indebtedness may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.

Section § 71753

Explanation

If you want to make a claim for money or damages against the district, you need to follow the rules set out in specific parts of the Government Code. However, there might be other statutes or regulations that also apply to these claims.

All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable to the district.

Section § 71757

Explanation

This law gives districts the authority to engage in legal actions related to water rights within their area. They can start, join, or defend lawsuits to represent the people and properties in their district. This includes actions to address disputes over water rights, protect water quality and quantity, prevent unauthorized water use, and stop illegal water exportation from the district.

To carry out the purposes of this division, a district shall have the power to commence, maintain, intervene in, defend and compromise, in the name of the district, or as a class representative of the inhabitants, property owners, taxpayers, water producers or water users within the district, or otherwise, and to assume the costs and expenses of any and all actions and proceedings now or hereafter begun to determine or adjudicate all or substantially all of the water rights of a basin or other hydrologic unit overlain, in whole or in part, by the district, as between owners of or claimants to such rights, to prevent any interference with water or water rights used or useful to the lands, inhabitants, owners, operators, or producers within the district, or to prevent the diminution of the quantity or quality of the water supply of the district or such basin, or to prevent unlawful exportation of water from the district or such basin.

Section § 71758

Explanation
This law allows a district to hire legal representation if it or its staff members are being sued over an alleged action or lack of action that caused injury or damage. The cost of hiring this legal counsel will be legally paid for by the district.
The district may employ counsel to defend any action brought against it or against any of its officers, agents or employees on account of any claimed action or inaction involving any claimed injury, taking, damage or destruction, and the fees and expenses involved therein shall be a lawful charge against the district.

Section § 71759

Explanation

This law states that if an officer, agent, or employee of a district is found liable while acting in their official role (unless they actually committed fraud or acted with malice), the district itself will cover any judgment against them. The officer, agent, or employee does not have to pay the district back for this.

If any officer, agent or employee of the district is held liable for any act or omission in his official capacity, except in case of actual fraud or actual malice, and any judgment is rendered thereon, the district shall pay the judgment without obligation for repayment by the officer, agent or employee.

Section § 71760

Explanation

This law section explains that certain water districts (Elsinore Valley, Eastern, Western, and Metropolitan) are not liable for claims from customers of the County Water Company of Riverside for issues related to water operation or supply during a specific interim period. They're also not liable for incidents before this time. The interim period starts when a temporary water connection is made or when an agreement is signed to serve these customers. This period either ends when permanent facilities are in place or by December 31, 2015, whichever occurs first, but can be extended by the State Department of Public Health if needed. During this interim, provided water must meet quality standards, and any required conditions must be followed, such as notifying fire officials and maintaining system pressure. However, this does not exempt anyone from following federal or state water quality laws or protect against certain legal actions.

(a)Copy CA Water Code § 71760(a)
(1)Copy CA Water Code § 71760(a)(1) The Elsinore Valley Municipal Water District and the Eastern Municipal Water District shall not be held liable for claims by past or existing County Water Company of Riverside customers or those who consumed water provided through the County Water Company of Riverside water system concerning the operation and supply of water from the County Water Company of Riverside water system during the interim operation period specified in subdivision (c) for any good faith, reasonable effort using ordinary care to assume possession of, to operate, or to supply water to the County Water Company of Riverside water system.
(2)CA Water Code § 71760(a)(2) The Elsinore Valley Municipal Water District and the Eastern Municipal Water District shall not be held liable for claims by past or existing County Water Company of Riverside customers or by those who consumed water provided through the County Water Company of Riverside water system for any injury that occurred prior to the commencement of the interim operation period specified in subdivision (c).
(b)Copy CA Water Code § 71760(b)
(1)Copy CA Water Code § 71760(b)(1) (A) The Western Municipal Water District and the Metropolitan Water District of Southern California shall not be held liable for claims by past or existing County Water Company of Riverside customers or by those who consumed water provided through the County Water Company of Riverside water system concerning the provision of supplemental imported water supplies to the County Water Company of Riverside water system during the interim operation period specified in subdivision (c) for any good faith, reasonable effort using ordinary care to supply water to the County Water Company of Riverside water system.
(B)CA Water Code § 71760(b)(1)(B) The Western Municipal Water District and the Metropolitan Water District of Southern California shall not be held liable for claims by past or existing County Water Company of Riverside customers or by those who consumed water provided through the County Water Company of Riverside water system concerning the operation and supply of water from the County Water Company of Riverside water system for any injury that occurred prior to the commencement of the interim operation period specified in subdivision (c).
(2)CA Water Code § 71760(b)(2) This subdivision shall only apply if the water supplied by the Western Municipal Water District and the Metropolitan Water District of Southern California through the temporary potable service pipeline to the County Water Company of Riverside water system meets or exceeds federal and state drinking water quality standards.
(c)Copy CA Water Code § 71760(c)
(1)Copy CA Water Code § 71760(c)(1) The interim operation period shall commence upon the connection of a temporary potable service pipeline by either the Elsinore Valley Municipal Water District or the Eastern Municipal Water District to the County Water Company of Riverside water system, or upon the execution of an agreement between the Elsinore Valley Municipal Water District, the Eastern Municipal Water District, the County Water Company of Riverside, and any other signatories to provide service to the customers of the County Water Company of Riverside, whichever occurs first.
(2)Copy CA Water Code § 71760(c)(2)
(A)Copy CA Water Code § 71760(c)(2)(A) Except as provided in subparagraph (B), the interim operation period shall last until permanent replacement facilities are accepted by the Elsinore Valley Municipal Water District and the Eastern Municipal Water District with the concurrence of the State Department of Public Health or December 31, 2015, whichever occurs first.
(B)CA Water Code § 71760(c)(2)(A)(B) Upon the showing of good cause, the interim operation period shall be extended by the State Department of Public Health for up to three successive one-year periods at the request of the Elsinore Valley Municipal Water District and the Eastern Municipal Water District.
(3)CA Water Code § 71760(c)(3) The acceptance date of permanent replacement facilities shall be publicly noticed by the Elsinore Valley Municipal Water District and the Eastern Municipal Water District.
(d)CA Water Code § 71760(d) Subdivision (a) shall only apply if the Elsinore Valley Municipal Water District and the Eastern Municipal Water District provide water to the County Water Company of Riverside water system in accordance with all of the following conditions:
(1)CA Water Code § 71760(d)(1) The Elsinore Valley Municipal Water District and the Eastern Municipal Water District shall comply with the special terms and conditions established by the State Department of Public Health for safe drinking water emergency funding pursuant to Section 75021 of the Public Resources Code for the interim operation period.
(2)CA Water Code § 71760(d)(2) Water provided by the Elsinore Valley Municipal Water District and the Eastern Municipal Water District through the temporary potable service pipeline to the County Water Company of Riverside water system shall meet or exceed federal and state drinking water quality standards.
(3)CA Water Code § 71760(d)(3) Reasonable water system flow and pressure through the temporary potable service pipeline shall be maintained during the interim operation period based upon the condition and integrity of the existing County Water Company of Riverside water system and any disruptions to water delivery resulting from construction related activities associated with the installation of permanent replacement facilities shall be minimal.
(4)CA Water Code § 71760(d)(4) The Elsinore Valley Municipal Water District and the Eastern Municipal Water District shall notify Riverside County fire officials serving the County Water Company of Riverside service area of the condition and firefighting support capabilities of the existing County Water Company of Riverside water system and planned improvements with the installation of permanent replacement facilities thereto. The Elsinore Valley Municipal Water District and the Eastern Municipal Water District shall maintain or improve the condition and firefighting support capabilities of the existing County Water Company of Riverside water system during the interim operation period.
(5)CA Water Code § 71760(d)(5) Customers of the County Water Company of Riverside shall receive written notice upon any change in possession, control, or operation of the water system.
(e)CA Water Code § 71760(e) Nothing in this section shall be construed to do any of the following:
(1)CA Water Code § 71760(e)(1) Relieve any water district, water wholesaler, or any other entity from complying with any provision of federal or state law pertaining to drinking water quality.
(2)CA Water Code § 71760(e)(2) Impair any cause of action by the Attorney General, a district attorney, a city attorney, or any other public prosecutor, or impair any other action or proceeding brought by or on behalf of a regulatory agency.
(3)CA Water Code § 71760(e)(3) Impair any claim alleging the taking of property without compensation within the meaning of either the Fifth Amendment to the United States Constitution or Section 19 of Article I of the California Constitution.