Districts, regardless of the date of formation, are subject to the provisions of this division.
Introductory ProvisionsGeneral Provisions
Section § 60040
This law section states that all districts must follow the rules laid out in this division, no matter when they were created.
district obligations rules compliance division provisions
Section § 60041
This law states that when a new replenishment district is created or expanded to include the area of an existing agency, it won’t affect the existing agency’s identity, legal standing, or powers. Even if the new district has a similar purpose, it won't replace or hinder the existing agency.
The inclusion in or annexation or addition to a replenishment district, of the corporate area of any existing agency, shall not destroy the identity or legal existence or impair the powers of any such existing agency, notwithstanding the identity of purpose, or substantial identity of purpose, of such replenishment district.
replenishment district existing agency identity preservation
Section § 60042
When a notice must be published for a certain number of weeks according to this law, it only needs to be published one day each week, matching the total number of weeks required.
Whenever by this division a notice is required to be published for a designated number of weeks or once a week for a designated number of weeks, the notice need be published on only one day of each week, and for only the same number of times as the number of weeks designated.
publication frequency weekly notice notice publication
Section § 60043
This law allows any required action or procedure scheduled for a specific day to be completed instead on the day scheduled for the board's regular meeting if it falls on a different date.
Whenever any act is required to be done or proceeding taken on or set for a particular day or day of the week in any month, the act may be done or proceeding set for and acted upon on a day of the month otherwise specified for a regular meeting of the board.
scheduled action board meeting rescheduling procedures
Section § 60044
This law specifies that a district can be formed in areas that are either not part of a city (unincorporated) or a mix of non-city areas and areas within a city (incorporated), spanning one or more counties within the state.
A district may be organized entirely within unincorporated territory, or partly within unincorporated territory and partly within incorporated territory, and within one or more counties in this State.
district formation unincorporated territory incorporated territory
Section § 60045
This law states that if an area is already part of an agency that is responsible for replenishing groundwater supplies and can charge fees or assessments for groundwater use, it cannot be included in a new or existing groundwater replenishment district.
No area included within any existing agency or annexations thereto, one of the purposes of which is replenishing the ground water supplies within such existing agency and which agency is empowered to levy assessments or charges upon the production of water from such ground water supplies, shall be included within any replenishment district or annexations thereto created or annexed under this division.
groundwater replenishment existing agency levy assessments
Section § 60046
This section states that the rules outlined in the chapter apply when interpreting the division, unless there’s a specific reason not to follow them.
Unless the context otherwise requires, the provisions of this chapter shall govern the construction of this division.
construction of legal division interpretation rules context requirements
Section § 60047
This law states that the rules for replenishing groundwater apply throughout California, except for the Orange County Water District. There, they have special rules because the area's groundwater issues are unique. The state has recognized these issues and created a specific act to address them.
The provisions of this division apply to the replenishment of ground water within all areas in this state, except those areas therein now or hereafter included within the Orange County Water District as provided by the Orange County Water District Act. The Legislature finds and declares that the problems of providing replenishment of the underground basin in the area of the Orange County Water District are peculiar to that area and for that reason it is necessary to deal specially with such area, and that this fact was recognized by the Legislature when it enacted the Orange County Water District Act and the amendments thereto to provide for such problems in that area.
groundwater replenishment Orange County Water District statewide application
Section § 60048
This law states that minor mistakes in a process or election that don't significantly harm the legal rights of citizens won't nullify actions like incorporating, annexing, excluding, or disincorporating an area. If anyone wants to challenge the validity of these actions, they must do so within three months after the appropriate certificate or order is issued. After this period, the actions are deemed valid and cannot be contested.
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 any incorporation, annexation, exclusion, or other action under this act. Any action or proceeding wherein the validity of any such incorporation, annexation, exclusion or disincorporation is denied or questioned, shall be commenced within three (3) months from the date of the certificate of incorporation, annexation or exclusion issued by the Secretary of State, or from the date of the order of the board of supervisors declaring the disincorporation, as the case may be; otherwise, said actions and/or proceedings in respect thereto shall be held to be valid, and in every respect legal and incontestable.
incorporation challenge annexation validity exclusion process
Section § 60050
This law says that if any part of this specific legislation is found to be unconstitutional, it doesn't affect the rest of the law. The Legislature wants the law to stand, even if parts are struck down. If an unconstitutional part tried to change a previous law, then that old law stays effective as though no changes were made.
If any section, subsection, subdivision, sentence, clause or phrase of this act, or of the act or acts of which this act is amendatory or supplemental, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The Legislature hereby declares that it would have passed this act, and each section, subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases of the act or acts of which this act is amendatory or supplemental, be declared unconstitutional. If any section, subsection, subdivision, sentence, clause or phrase of this act for any reason be held to be unconstitutional and such unconstitutional provision shall have purported to repeal or amend any provision of the acts or acts of which this act is amendatory or supplemental, the provision existing and in force at the time of the enactment of this act shall remain and be in full force and effect notwithstanding such purported repeal or amendment.
unconstitutional clause legislative intent law validity
Section § 60051
This section ensures that the rules in this division do not change or interfere with any existing water rights or legal cases related to water that were active on May 1, 1955. However, it does not affect certain provisions mentioned elsewhere in the division.
No language or provision in this division shall be interpreted or construed so as to limit, abridge or otherwise affect the water or water rights of any existing agency or person or affect the rights of existing agencies or persons with respect to any legal proceeding pending on May 1, 1955, wherein any water or water right or the protection thereof is involved; provided, however, that nothing in this section shall be construed to limit the provisions of subdivision (7) of Section 60230 of this division.
water rights existing agencies legal proceedings
