Section § 71690

Explanation

This law allows a district to acquire all types of property, like land or items, through various means such as buying, receiving as a gift, leasing, or other methods. The district can then use, enjoy, lease out, or get rid of this property in any way it sees fit.

A district may, within or without the district:
(a)CA Water Code § 71690(a) Take real and personal property of every kind by grant, purchase, gift, device, or lease.
(b)CA Water Code § 71690(b) Hold, use, enjoy, lease, or dispose of real and personal property of every kind.

Section § 71691

Explanation

This law explains what a district can do regarding waterworks and hydroelectric power. It allows a district to acquire, build, maintain, and operate water systems and their components, like pipelines and reservoirs, to supply water to the community. It also grants the district the authority to upgrade or repair any existing waterworks. Additionally, the district can develop and manage facilities for generating and distributing hydroelectric power.

A district may:
(a)CA Water Code § 71691(a) Acquire, or contract to acquire, waterworks or a waterworks system, waters, water rights, lands, rights, and privileges.
(b)CA Water Code § 71691(b) Construct, maintain, and operate conduits, pipelines, reservoirs, works, machinery, and other property useful or necessary to store, convey, supply, or otherwise make use of water for a waterworks plant or system for the benefit of the district.
(c)CA Water Code § 71691(c) Complete, extend, add to, repair, or otherwise improve any waterworks or waterworks system acquired by the district.
(d)CA Water Code § 71691(d) Carry on and conduct waterworks or a waterworks system.
(e)CA Water Code § 71691(e) Construct, maintain, and operate works, facilities improvements and property of the district useful or necessary for the provision, generation, and delivery of hydroelectric power pursuant to Sections 71662 and 71663.

Section § 71692

Explanation

This law allows a district to lease, and potentially buy later, water-related infrastructure such as storage, transportation, or distribution facilities. These can include existing waterworks or entire water systems, and they can lease from individuals, public corporations, or agencies.

A district may lease from any person, or public corporation or agency, with the privilege of purchasing or otherwise, all or any part of water storage, transportation, or distribution facilities, existing waterworks, or a waterworks system.

Section § 71693

Explanation

This law gives a district the power to use eminent domain, which means they can take private property if needed to supply water to the area. If they do this, they must not only pay for the property taken or damaged but also cover the costs to move, rebuild, or relocate any public utility structures like railways, pipes, or cables to a new spot.

A district may exercise the right of eminent domain to take any property necessary to supply the district or any portion thereof with water. The district, in exercising such power, shall, in addition to the damage for the taking, injury, or destruction of property, also pay the cost of removal, reconstruction, or relocation of any structure, railways, mains, pipes, conduits, wires, cables, or poles of any public utility which is required to be removed to a new location.

Section § 71694

Explanation

This law allows a district to use eminent domain, which means they can legally take private property if it's needed for the district's operations. If they take property, they must also pay for any necessary removal or relocation of existing public utility structures like wires or pipelines. However, a district can't use eminent domain to take property outside its boundaries without getting permission from the county board, unless it's for acquiring rights-of-way within or next to a county where the district already has territory. In such cases, they must notify the county board two weeks ahead of time, specifying the property they need.

A district may exercise the right of eminent domain to take any property necessary to carry out any powers of the district. The district, in exercising such right, shall, in addition to the damage for the taking, injury, or destruction of property, also pay the cost of removal, reconstruction, or relocation of any structure, railways, mains, pipes, conduits, wires, cables, or poles of any public utility which is required to be removed to a new location.
A district shall not exercise the right of eminent domain, under this section, for the condemnation of property outside the boundaries of the district for any purpose, unless it first obtains the consent thereto of the board of supervisors of the county in which such property is located; provided, however, that a district may exercise the right of eminent domain, under this section, for the condemnation of property outside the boundaries of the district for the acquisition of rights-of-way in any county in which territory of the district is located or in any county adjacent to such county without obtaining the consent of the board of supervisors thereof.
When a district proposes to exercise the power of eminent domain, under this section, for the condemnation of property outside the boundaries of the district for the acquisition of rights-of-way in any county in which territory of the district is located or in any county adjacent to such county, it shall give written notice, at least two weeks prior to condemning the property, to the board of supervisors of the county in which the property is located. Such written notice shall contain a description of the property to be condemned.

Section § 71695

Explanation

This law allows a district to build structures like waterworks across various types of thoroughfares, such as streams, streets, or railways. However, during construction, the district must ensure the safety of people and property. Once construction is complete, they must restore the crossing areas to their original condition or ensure they're still functional and safe.

A district may construct works along and across any stream of water, watercourse, street, avenue, highway, canal, ditch, or flume, or across any railway which the route of the works may intersect or cross. Such works shall be constructed in such manner as to afford security for life and property, and the district shall restore the crossings and intersections to their former state as near as may be, or in a manner so as not to have impaired unnecessarily their usefulness.

Section § 71696

Explanation

When a district's construction projects, like canals or pipelines, need to intersect or cross a company's land, the company must work with the district to create these crossings and allow the necessary access rights.

Every company whose right-of-way is intersected or crossed by district works shall unite with the district in forming the intersections or crossings and grant the rights therefor.

Section § 71697

Explanation

This law allows a district to place, build, and upkeep district infrastructures along streets, highways, and state-owned lands, similar to city privileges. For redevelopment areas as per certain codes, districts don’t need local permits, as long as their work supports development in certain unincorporated territories meeting specific criteria, such as being at least 100 acres, surrounded by a city, and zoned for commercial or industrial use. Furthermore, local laws on building, zoning, and other regulations don't apply when districts provide facilities for development in these areas.

(a)CA Water Code § 71697(a) A district may locate, construct, and maintain district works along and across any street or public highway and on any lands that are now or hereafter owned by the state; and a district has the same rights and privileges appertaining thereto as have been or may be granted to cities within the state. For districts whose territory includes any portion of the redevelopment project area referenced in subdivision (e) of Section 33492.41 of the Health and Safety Code, the exercise of this right shall not be subject to any permitting and approval requirements of any local agency other than the municipal water district that is locating, constructing, or maintaining these district works to the extent that this right is exercised for the purpose of providing facilities or services related to development, as defined in subdivision (e) of Section 56426 of the Government Code, to or in that portion of the redevelopment project area that, as of January 1, 2000, meets all of the following requirements:
(1)CA Water Code § 71697(a)(1) Is unincorporated territory.
(2)CA Water Code § 71697(a)(2) Contains at least 100 acres.
(3)CA Water Code § 71697(a)(3) Is surrounded or substantially surrounded by incorporated territory.
(4)CA Water Code § 71697(a)(4) Contains at least 100 acres zoned for commercial or industrial uses or is designated on the applicable county general plan for commercial or industrial uses.
(b)CA Water Code § 71697(b) Facilities or services related to development may be provided by the district to all or any portion of the area defined in paragraphs (1) to (4), inclusive, of subdivision (a). Notwithstanding any other provision of the Government Code, building ordinances, zoning ordinances, and any other local ordinances, rules, and regulations of a city or other political subdivision of the state shall not apply to the location, construction, or maintenance of facilities or services related to development pursuant to this section.

Section § 71698

Explanation

This law states that when a district uses a public highway that is or becomes a state highway, it must follow specific guidelines outlined in another part of the law known as Chapter 3 of Division 1 in the Streets and Highways Code.

Any use by the district of a public highway now or hereafter constituted a state highway shall be subject to the provisions of Chapter 3 (commencing with Section 660) of Division 1 of the Streets and Highways Code.

Section § 71699

Explanation

This law states that a publicly owned utility cannot start providing water services to land in a municipal water district that has existing debt from bonds or contracts with the U.S. for similar services, unless the district's voters approve the debt, and the district is prepared to provide the service.

However, there are exceptions: If the area has fewer than 12 voters, the utility can provide service with the consent of the majority of property owners and the district's approval. If there are 12 or more voters, the service can start if a majority approves it in a special election, conducted like an initiative measure.

No publicly owned utility shall commence to provide any water service for, on, or to any land within a municipal water district which is subject to (1) the lien of a bonded indebtedness incurred by the district for the purpose of providing a service similar to that which the utility proposes to provide or (2) a lien of an indebtedness arising under any contract between the district and the United States of America incurred or contracted by the district for the purpose of providing water service; provided, that a majority of the voters voting at an election within the district have approved the incurrence of the indebtedness and, provided further, that the district has water available and is ready, able, and willing to serve such land.
However, a publicly owned utility may commence to provide service, otherwise prohibited, upon either of the following conditions:
(a)CA Water Code § 71699(a) In any portion of such a municipal water district proposed to be served by the publicly owned utility in which the total number of registered voters residing therein is less than 12, and in which the municipal water district (1) receives the written consent of at least a majority of the owners of real property holding at least a majority in value of the real property and (2) consents to the service by resolution.
(b)CA Water Code § 71699(b) In any portion of such a municipal water district proposed to be served by the publicly owned utility in which the total number of registered voters residing therein is 12 or more, and in which at least a majority of the voters voting on the proposition shall have voted at a special municipal water district election to permit such service within that portion of the district. The election shall be called and held within that portion of the district in the same manner as an initiative measure pursuant to Section 71530.

Section § 71700

Explanation

If a publicly owned utility starts providing water services to land already served by a municipal water district, which has outstanding debts covered by water revenue, the utility must pay the district the amount it would have used from water revenue for those debts.

Any publicly owned utility which commences to provide any water service for, on, or to any land within a municipal water district which is providing service to the land and which land at the commencement of such service is subject to the lien of a bonded or contract indebtedness with revenues pledged for their payment, shall reimburse the district from the water revenues derived from charges made for service to such land, the amount which would have been paid by the district from water revenues for such bond or contract payments.