AB 386, as introduced, Dahle. Tulelake Irrigation District.
The Irrigation District Law provides for the formation of irrigation districts with prescribed powers. The district law generally requires a director on the board of an irrigation district to be a voter, landowner, and resident in the division of the district that the director represents.
This bill would provide that for the Tulelake Irrigation District every owner of real property assessed by the district and located within its boundaries, but no others, is authorized to vote at district elections for directors. The bill would provide that a director of the Tulelake Irrigation District is required to be a registered voter in the state, reside within the territory of the district, and be a landowner within the division he or she represents at the time of his or her nomination or appointment and through his or her entire term. By imposing requirements on the district and the county in connection with district elections, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 20527.14 is added to the Water Code, to
(a) This section only applies to the Tulelake
4Irrigation District. For the purposes of this section, the following
5terms have the following meanings:
6(1) “Assessed farm unit” means each acre assessed by the
8(2) “Corporation” includes partnerships, limited liability
9companies, public agencies, as well as other legal entities properly
10organized under the laws of the state in which they were created
11that are allowed to own real property.
12(3) “District” means the Tulelake Irrigation District.
13(4) “Legal representative” means an official of a
14owning real property or a guardian, conservator, executor, or
15administrator of the estate or the holder of title to real property
16who is appointed under the laws of the state, entitled to the
17possession of the estate’s property, and authorized by the
18appointing court to exercise the particular right, privilege, or
19immunity that he or she seeks to exercise.
20(b) Notwithstanding Section 20527 or any other law, every
21owner of real property assessed by the district and located within
22its boundaries, but no others, may vote at district elections for
23directors. An owner need not be a resident of the district in order
24to qualify as a voter. A voter shall be entitled to cast one vote,
25which will be assigned a vote value based upon the acreage of the
26voter’s assessed farm unit as follows:
27(1) For 10 or fewer assessed farm units, the vote value is one.
28(2) For more than 10 and 25 or fewer assessed farm units, the
29vote value is two.
30(3) For more than 25 and 40 or fewer assessed farm units, the
31vote value is three.
32(4) For more than 40 and 70 or fewer assessed farm units, the
33vote value is four.
P3 1(5) For more than 70 and 100 or fewer assessed farm units, the
2vote value is five.
3(6) For more than 100 assessed farm units, the vote value is six.
4(c) The last equalized assessment roll prepared by the district
5is conclusive evidence of ownership and of the number of farm
7(d) (1) If land
is owned in joint tenancy, tenancy in common,
8or any other multiple ownership, the owners of the land shall
9designate, in writing as specified in paragraph (2), which one of
10the owners is deemed the owner of the land for purposes of
11qualifying as a voter.
12(2) The designation shall be made upon a form provided by the
13district and shall be filed with the district at least 40 days prior to
14the election and shall remain in effect until amended or revoked.
15No amendment or revocation may occur within the period of 39
16days prior to an election.
17(e) The legal representative of a corporation, estate, or trust
18owning real property may vote on behalf of the corporation or
19estate, including when the entity is a designee pursuant to
20subdivision (d). Before a legal representative votes at a district
21election, he or she shall present to the precinct board a copy of his
22or her authority that shall be kept and filed with the returns of the
24(f) Every voter, or his or her legal representative, may vote at
25any district election either in person or by a person appointed as
26his or her proxy. The appointment of a proxy shall be as provided
27in Section 35005.
28(g) Notwithstanding Section 21100 or any other law, each
29director of the district shall be a registered voter in the state, reside
30within the territory of the district, and be a landowner within the
31division he or she represents at the time of his or her nomination
32or appointment and through his or her entire term.
If the Commission on State Mandates determines that
34this act contains costs mandated by the state, reimbursement to
35local agencies and school districts for those costs shall be made
36pursuant to Part 7 (commencing with Section 17500) of Division
374 of Title 2 of the Government Code.