Changes in OrganizationExclusion
Section § 60400
This law means that parts of land within a district can be removed, and those parts don't have to be connected to each other.
Section § 60401
If a group wants to exclude an area from a district, they need to submit a petition to the district's secretary. This petition must be signed by at least 10% of the voters who participated in the last election for California's governor within that area.
Section § 60402
This law requires any petition that seeks to remove an area from a district to clearly describe the boundaries of the area, explain why the exclusion is being requested, and formally ask for the area to be removed from the district.
Section § 60403
Section § 60404
After the district secretary reviews a petition, they must attach a certificate with the date and findings. This certificate states whether enough voters have signed the petition to make it valid or not.
Section § 60405
If a petition in a district is found to be insufficient by the district's secretary, the secretary will state how many more voters are needed to make it sufficient. You have ten days to fix this by submitting additional petitions. Once these new petitions are submitted, the secretary will have ten days to recheck and certify the results.
Section § 60406
This law says that when extra petitions are filed, all the signatures from the original and the additional petitions will be counted together. This determines how many voters have signed the petition.
Section § 60407
If a petition about a matter needs to be filed with a district board, and it is found by the secretary to be insufficient, it will be kept as a public record, but this does not prevent a new, amended petition from being filed. However, if the petition is deemed sufficient by the secretary, it must be presented to the board right away.
Section § 60408
This section explains how to properly publish a petition and its notice before a district meeting. It requires that the text of the petition and the meeting notice be published according to Government Code Section 6066. If the petition is on multiple documents, only one copy needs to be published. The publication doesn't need to include more than five names from the petition, but it must state the total number of signers. This publication must be done at least 7 days, but no more than 28 days, before the petition is presented to the board.
Section § 60409
Once an election to remove an area from a water district happens, the legitimacy or adequacy of the petition to do so cannot be challenged or reviewed in court.
Section § 60410
If a district's board wants to remove an area from the district, they must pass a resolution outlining the area's boundaries and explaining that the area doesn't benefit from the district's water resources. They must invite interested parties to a meeting to discuss the exclusion, giving notice of the meeting's time and place. The district's secretary must publish this resolution and the notice in accordance with specific guidelines, with publication occurring at least seven but no more than 28 days before the meeting.
Section § 60411
Once an election has been held to exclude an area from a district, the decision made by the resolution cannot be challenged or reviewed by the courts. This means the resolution is final and cannot be questioned through legal means.
Section § 60412
This section explains that if an area wants to be removed from a water district, it can be done either by a petition or a resolution. If done by petition, the board of directors can approve the removal through an ordinance. If done by resolution, the board must hold a hearing for interested parties and determine through an ordinance whether the area should be removed. However, before removing the area by resolution, the board must confirm that the people or properties there do not benefit from the district’s groundwater resources in any way.
Section § 60413
This law section explains that if a decision (petition) to exclude an area is approved, residents in the designated area will vote on the exclusion. The vote must take place within 70 days after the ordinance goes into effect, and the board will organize the election.
Section § 60414
This law section outlines the procedure for notifying the public about an election related to excluding a specific area from a water replenishment district. The notice must be published 7 to 28 days before the election, and clearly describe the area up for exclusion using a recognizable name or description. On the election ballot, voters will see a question asking if the specified area should be excluded from the district, with options to vote "yes" or "no."
Section § 60415
This section explains that if a majority of voters approve a proposal in an election, the board's president and secretary must formally confirm the outcome. They need to certify the result to the Secretary of State and file a certificate with the county recorder in every county where the district is located to show that the proposition passed.
Section § 60416
Once the Secretary of State gets a specific certificate about an area's removal from a district, they have 10 days to issue their own certificate confirming this change. This certificate must then be sent to and filed with the county clerk of every county affected by the district change.
Section § 60417
This law says that if an area is officially removed from a district, it is no longer considered part of that district. However, property in that removed area is still responsible for paying off any district debts that existed before the removal. This continues until all those debts are fully paid off, just as if the removal never happened.