Section § 60400

Explanation

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.

Territory included within any district may be excluded from such district and the parcels so to be excluded need not be contiguous one with the other.

Section § 60401

Explanation

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.

A petition, which may consist of any number of separate instruments, shall be filed with the secretary of the district, signed by voters residing within the boundaries of the area proposed to be excluded equal in number to at least ten (10) per centum of the number of such voters voting for all candidates for the Office of Governor of this State at the last general election prior to the filing of such petition.

Section § 60402

Explanation

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.

Such petition shall set forth and describe the boundaries of the area proposed to be excluded, shall state the reason for proposing such exclusion, and shall contain a prayer that such area be excluded from the district.

Section § 60403

Explanation
When a petition is filed, the district's secretary has 10 days to check if it has been signed by enough voters.
Within ten (10) days of the date of the filing of such petition the secretary of the district shall examine the same and ascertain whether or not such petition is signed by the requisite number of voters.

Section § 60404

Explanation

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.

When the secretary of the district has completed his examination of the petition, he shall attach to the same his certificate, properly dated, showing the result of such examination; and if from such examination he shall find that said petition is signed by the requisite number of voters, or is not so signed, he shall certify that the same is sufficient or insufficient, as the case may be.

Section § 60405

Explanation

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.

If, by the certificate of the secretary of the district, the petition is found to be insufficient, he shall also certify to the number of voters required to make such petition sufficient, and it may be amended by filing a supplemental petition or petitions within ten (10) days of the date of such certificate. The secretary of the district shall, within ten (10) days after the filing of such supplemental petition or petitions, make like examination of the same and certify to the result of such examination as hereinbefore provided.

Section § 60406

Explanation

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.

If any supplemental petition be filed, all the signatures appended to the petition or to the supplemental petition or petitions shall be considered in determining the number of voters signing the petition.

Section § 60407

Explanation

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.

If his certificate shall show any such petition, or such petition as amended, to be insufficient, it shall be filed by him with the board of the district and kept as a public record, without prejudice, however, to the filing of a new petition to the same effect, but if, by the certificate of the secretary, such petition, or petition as amended, is shown to be sufficient, the secretary shall present the same to the board without delay.

Section § 60408

Explanation

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.

The text of such petition and a notice stating the time of the meeting at which the same will be presented shall be published in the district pursuant to Section 6066 of the Government Code. When contained upon more than one instrument, one copy only of such petition need be published. No more than five of the names attached to the petition need appear in such publication of the petition and notice, but the number of signers shall be stated. Publication shall be complete at least seven, but not more than 28, days before the time at which the petition is to be presented to the board.

Section § 60409

Explanation

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.

After an election for the exclusion of such area from the district the sufficiency of such petition in any respect shall not be subject to judicial review or be otherwise questioned.

Section § 60410

Explanation

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.

The board of any district, by resolution, may initiate proceedings for the exclusion of territory from such district. Such resolution shall describe the boundaries of the area proposed to be excluded, shall state that neither the persons nor property within the area proposed to be excluded benefit directly or indirectly from the use of or right to use the ground water supplies within the district and the replenishment thereof, shall require all persons interested in the proposed exclusion to appear before the board and be heard as to why said area should not be so excluded, shall fix the time of the meeting of the board at which the persons so interested will be heard, and shall direct the secretary of the district to give notice thereof. The secretary thereupon shall cause the text of said resolution and a notice of the time and place of said hearing to be published in the district pursuant to Section 6066 of the Government Code. Publication shall be complete at least seven, but not more than 28, days before the time so fixed for the hearing.

Section § 60411

Explanation

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.

After an election for the exclusion of such area from the district the sufficiency of such resolution shall not be subject to judicial review or be otherwise questioned.

Section § 60412

Explanation

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.

If the proceedings for exclusion have been initiated by petition, such petition may be granted by ordinance of the board of directors of such district. If such proceedings have been initiated by resolution, the board shall hear all persons interested in the proposed exclusion who appear at the hearing, which may be adjourned from time to time, and after the conclusion of the hearing, the board may determine by ordinance that such area should be excluded from the district. No petition for exclusion may be granted and no ordinance of exclusion adopted by the board if such proceedings have been initiated by resolution unless and until the board finds that neither the persons nor property within the area proposed to be excluded benefit directly or indirectly from the use of or right to use the ground water supplies within the district and the replenishment thereof.

Section § 60413

Explanation

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.

If such petition is granted, or if such determination is made, the proposition of such exclusion shall be submitted to the vote of the voters within the area proposed to be excluded, at an election called by the board and held, as herein provided, within 70 days after the effective date of such ordinance.

Section § 60414

Explanation

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."

Notice of such election shall be published in the district pursuant to Section 6063 of the Government Code. Publication shall be complete at least seven, but not more than 28, days prior to the date fixed for such election. Such notice shall describe the boundaries of the area so proposed to be excluded and shall deignate such area by some appropriate name, or other words of identification, by which such area may be referred to and indicated upon the ballot to be used at any election at which the question of such exclusion is submitted, as in this act provided. The measure so submitted at such election shall be stated on the ballot substantially as follows:
“Shall ____ (giving the name or other designation of the area proposed to be excluded, as stated in the notice of election) be excluded from ____ (name of water replenishment district)?” At the right of such proposition there shall be printed the words “yes” and “no” with voting squares.

Section § 60415

Explanation

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.

The board shall canvass the votes cast at such election and, if the proposition is approved by a majority of the voters voting thereon at such election, the president and secretary of the board of directors shall certify that fact to the Secretary of State and shall record a certificate stating that such proposition was adopted with the county recorder of each affected county in which the district is located.

Section § 60416

Explanation

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.

Upon receipt of such last-mentioned certificate, the Secretary of State shall, within 10 days, issue his certificate reciting the passage of said ordinance and the exclusion of said area from the district. A copy of said certificate shall be transmitted to, and filed with, the county clerk of each affected county in which such district is situated.

Section § 60417

Explanation

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.

From and after the date of such certificate, the area named therein shall be deemed excluded from, and shall no longer form a part of, said district, but the taxable property within such excluded area shall continue taxable by such district for the purpose of paying the bonded or other indebtedness of such district outstanding or contracted for at the time of such exclusion and until such bonded or other indebtedness shall have been satisfied, to the same extent that such property would be taxable for such purpose if such exclusion had not occurred.