A district may exercise the powers which are expressly granted by this division or are necessarily implied.
Powers and PurposesPowers Generally
Section § 71590
This law allows a district to use powers that are either directly stated or can be logically inferred from the division.
district powers implied powers expressly granted
Section § 71591
This law says that a district has two main abilities: it can exist indefinitely (known as having perpetual succession), and it can create and change its own official seal whenever it wants.
A district may:
(a)CA Water Code § 71591(a) Have perpetual succession.
(b)CA Water Code § 71591(b) Adopt a seal and alter it at pleasure.
perpetual succession district authority seal adoption
Section § 71592
This law allows a district to form contracts, hire workers, and take any necessary actions to fully carry out its responsibilities and powers.
A district may make contracts, employ labor, and do all acts necessary for the full exercise of its powers.
district contracts employ labor exercise powers
Section § 71593
This law allows a district to create rules about offering pensions to its officers or employees. It can decide the requirements for getting these pensions, including how long someone must work before they qualify.
A district may provide by ordinance for the pensioning of officers or employees, for the terms and conditions under which such pensions shall be awarded, and for the time and extent of service of officers or employees before such pensions shall be available to them.
district pensions pension eligibility pension ordinance
Section § 71594
This law allows a district to set up a special fund specifically for paying pensions to its officers and employees. The fund can collect money from different sources such as the district's revenue, employee wages, and donations, as long as it aligns with the board's powers.
A district may, in the ordinance providing for the pensioning of officers and employees, create a special fund for the purpose of paying such pensions and provide for the accumulation of contributions to this fund from revenues of the district, wages of officers or employees, voluntary contributions, gifts, donations, or any source of revenue not inconsistent with the general powers of the board.
pension fund district contributions officers and employees
Section § 71595
This law allows a district to enter into contracts with insurance companies or retirement systems to provide pension plans and health and accident insurance for its officers and employees.
A district may contract with any insurance corporation, the State Employees’ Retirement System, or any other insurance carrier for the maintenance of a service covering the pension of the district officers or employees and for their health and accident insurance coverage.
district contracts insurance corporation State Employees’ Retirement System
Section § 71596
This law allows a district to share information about its rights, properties, and activities with the public. However, this doesn't change any rules set by the California Public Records Act, which governs public access to government records.
A district may disseminate information concerning the rights, properties, and activities of the district. Such power shall not be construed as an exception to the California Public Records Act.
public information district rights district properties
Section § 71597
This law allows a district to become a member of associations that focus on topics related to its powers and duties if four-fifths of its directors agree. It also lets the district use funds for this purpose. The law emphasizes that requiring a four-fifths resolution is a clarification of existing legal principles.
A district may by resolution of a four-fifths majority of its directors obtain membership in associations having for their purpose the furtherance of subjects relating to the powers and duties of the district and for the interchange of information relating to such powers and duties. Funds necessary for such purposes may be appropriated.
The Legislature hereby finds and declares that the provisions of this section are declaratory of existing law except insofar as they specify that a resolution of a four-fifths majority of the directors is necessary.
district membership association membership four-fifths majority
Section § 71598
This law allows a district's board of directors to officially change the district's name by passing a resolution. The name change must be documented and recorded with the county recorder's office in every county affected by the district, and copies must also be sent to each county clerk involved.
A district may, by resolution of the board of directors spread on its minutes, change the name of the district. Certified copies of the resolution changing the name of the district shall be recorded in the office of the county recorder of every affected county and sent to the county clerk of every affected county.
district name change board of directors resolution county recorder
Section § 71599
This section states that if a public agency takes over almost all of a district water system without a vote from the district's residents, certain rules apply. First, any funds from the old water system must be kept separate and only used to maintain and improve the system or pay off its debts.
Also, the funds can't be used for anything else until all debts are paid off, unless the people served by the old system vote to allow different uses of the funds.
If, on or after the effective date of this section, substantially all of a district water system is acquired by another public agency by any method other than a vote of the electorate of that district so authorizing, the following provisions shall apply:
(a)CA Water Code § 71599(a) All funds derived from the operation of the former district system shall be separately accounted for and used exclusively for the purposes of maintenance, operation, betterments, and bond debt service of the acquired system.
(b)CA Water Code § 71599(b) No funds derived from the former district system shall be used for any other such purpose until all debt of that former system has been paid in full or until a majority vote of the electorate of the area served by that former system has authorized such other expenditures.
district water system public agency acquisition separate accounting
Section § 71600
If you're caught breaking a local rule related to this division, here's what can happen: The first time you're fined, it won't be more than $50. If it happens again within a year, the fine can go up to $100. If you get caught a third time or more within that same year, the fine can reach up to $250.
Every person convicted of an infraction for a violation of any local ordinance or regulation adopted pursuant to this division shall be punished upon a first conviction by a fine not exceeding fifty dollars ($50) and for a second conviction within a period of one year by a fine of not exceeding one hundred dollars ($100) and for a third or any subsequent conviction within a period of one year by a fine of not exceeding two hundred fifty dollars ($250).
infraction penalty local ordinance violation first offense fine
Section § 71601
This law allows a district to enforce its rules, like charging for services, by fixing violations or going to court to stop ongoing violations. They can also stop services if bills go unpaid.
The district has the right to investigate suspected rule-breaking on private property, but they need permission from the property owner or a warrant if refused, based on probable cause.
If a violation is found, the district must inform relevant local authorities such as building or health inspectors.
(a)CA Water Code § 71601(a) In order to enforce the provisions of any ordinance of the district, including an ordinance fixing charges for the furnishing of commodities or services, the district may correct any violation of an ordinance of the district. The district may also petition the superior court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining any person from the continued violation of any ordinance of the district or for the issuance of an order stopping or disconnecting a service if the charges for that service are unpaid at the time specified in the ordinance.
(b)CA Water Code § 71601(b) The district may enter upon the private property of any person within the jurisdiction of the district in order to investigate possible violations of an ordinance of the district. The investigation shall be made with the consent of the owner or tenant of the property or, if consent is refused, with a warrant duly issued pursuant to the procedures set forth in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure, except that, notwithstanding Section 1822.52 of the Code of Civil Procedure, the warrant shall be issued only upon probable cause.
(c)CA Water Code § 71601(c) The district shall notify the county or city building inspector, county health inspector, or other affected county or city employee or office, in writing, within a reasonable time if an actual violation of a district, city, or county ordinance is discovered during the investigation.
district ordinance enforcement service charges violation correction
