The provisions of the Elections Code so far as they may be applicable shall govern all general and special water district elections, except as in this act otherwise provided.
FormationConduct of Election
Section § 60120
This statute says that for general and special water district elections in California, the rules from the Elections Code apply unless this specific act provides different instructions.
water district elections general elections special elections
Section § 60121
This section is about the election process for forming a new Water Replenishment District. During this election, the first directors are elected, and voters decide if a Water Replenishment District should be created under the relevant Act.
Candidates need to announce they are running, and they must be nominated. The election follows the rules in the Elections Code unless this act states otherwise. Only individuals who meet all voter qualifications according to the Elections Code are allowed to vote in this election.
In such election the first directors shall be elected, and the following measure shall be submitted:
“Shall the proposition to organize ____ Water Replenishment District under the Water Replenishment District Act be adopted?”
The candidates shall declare their candidacy and shall be nominated, the election shall be held and conducted, the vote canvassed, the result declared and the certificate of election issued in accordance with the provisions of the Elections Code, so far as they may be applicable, except as in this act otherwise provided. No person shall be entitled to vote at any election under the provisions of this act unless such person possesses all of the qualifications required of voters under the Elections Code.
Water Replenishment District directors election candidate nomination
Section § 60122
After a vote on forming a water replenishment district, the principal county's board of supervisors has seven days to review the results. If the majority of the votes support the formation, the board will officially declare the area as a newly organized district with its previously chosen name. This declaration is then recorded by the county clerk in each affected county to make it official.
Within seven (7) days after such election the vote shall be canvassed by said board of supervisors of the principal county. If a majority of the votes cast in such election shall be in favor of organizing such district, said board shall, by order, entered on its minutes, declare the territory included within the proposed boundaries duly organized, as a water replenishment district under the name theretofore designated, and the county clerk of the principal county shall immediately cause to be recorded in the offices of the county recorders of each affected county a certificate stating that such proposition was adopted.
water replenishment district vote canvassing majority vote
Section § 60122.5
The county clerk has to quickly file a certificate with the Secretary of State, detailing the district's name, formation date, and where it's located, along with a description or map of its boundaries. If the necessary information is already in the order that organized the district, the clerk can file that order instead of a separate certificate.
The county clerk of the principal county shall immediately cause to be filed with the Secretary of State a certificate listing:
(a)CA Water Code § 60122.5(a) The name of the district.
(b)CA Water Code § 60122.5(b) The date of formation.
(c)CA Water Code § 60122.5(c) The county or counties in which the district is located, and a description of the boundaries of the district, or reference to a map showing such boundaries, which map shall be attached to the certificate, or reference to the county recorder’s office where a description of such boundaries has been recorded.
If the order declaring the district organized contains all of the information required to be in the certificate, the county clerk may file a copy of the order in lieu of the certificate.
county clerk duties district certificate filing formation date
Section § 60123
When the Secretary of State receives the necessary documents to prove a water replenishment district is officially organized, they must issue a certificate within ten days confirming its incorporation under California law. This certificate must also be sent to and recorded by the county clerk of each county involved.
Upon receipt of said certificate or a copy of the order declaring the district organized, the Secretary of State shall, within ten (10) days, issue his certificate reciting that the named water replenishment district has been duly incorporated according to the laws of the State of California. A copy of such certificate shall be transmitted to and filed with the county clerk of each affected county.
water replenishment district certificate of incorporation Secretary of State
Section § 60124
Once the county clerk's certificate or an order declaring the district organized is filed with the Secretary of State, the district is officially recognized as a water replenishment district. This means it gains all the rights and powers outlined in the law.
Upon filing said certificate of the county clerk of the principal county, or a copy of the order declaring the district organized, with the Secretary of State, the district shall be deemed incorporated as a water replenishment district, with all the rights, privileges and powers set forth in this act.
water replenishment district county clerk certificate district incorporation
Section § 60125
If there are minor mistakes or informalities in setting up a district or conducting elections that don't significantly affect anyone's legal rights, these won't make the district's formation invalid. If someone wants to challenge the legitimacy of a district's formation, they have to do it within three months from when it's officially incorporated. After that, the district's creation is considered completely valid and beyond dispute.
No informality in any proceeding or informality in the conduct of any election, not substantially affecting adversely the legal rights of any citizen, shall be held to invalidate the incorporation of any district, and any proceedings, wherein the validity of such incorporation is denied, shall be commenced within three (3) months from the date of the certificate of incorporation, otherwise said incorporation and the legal existence of said district and all proceedings in respect thereto shall be held to be valid and in every respect legal and incontestable.
district incorporation legal rights election informality
