AB 386, as amended, 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
begin delete district and located within its boundaries,end delete
but no others, is authorized to vote at district elections for begin delete directors.end delete The bill would provide that a director of the Tulelake Irrigation District is required to be a registered voter in begin delete the stateend delete, reside within the begin delete territory of theend delete
district, and be a landowner
within the division he or she begin delete represents at the time of his or her nomination or appointment and through his or her entire term.end delete By imposing requirements on the district begin delete and the countyend delete 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
begin delete includes partnerships, limited liability properly organized under the
10companies, public agencies, as well as other legal entitiesend delete
12laws of the state in which
begin delete they were createdend delete that
begin delete areend delete allowed to own real property.
15 “District” means the Tulelake Irrigation District.
17(4) “Legal representative” means an official of a
18owning real property or a guardian, conservator, executor, or
19administrator of the estate or the holder of title to real property
20who is appointed under the laws of the state, entitled to the
21possession of the estate’s property, and authorized by the
22appointing court to exercise the particular right, privilege, or
23immunity that he or she seeks to exercise.
3(b) Notwithstanding Section 20527 or any other law, every
4owner of real property assessed by the
begin delete district and located within but no others, may vote at district elections
5its boundaries,end delete
begin deletedirectors.end delete An owner need not be a resident of the
7 district in order to qualify as a voter.
begin delete Aend delete voter shall be entitled to cast begin delete one vote, which will be
based upon the
9assigned a vote valueend delete
begin delete acreage of the voter’s as follows:
10assessed farm unitend delete
begin delete 10end delete or fewer assessed begin delete farm units, the vote value is oneend delete
14(2) For more than
begin delete 10 and 25 or fewer assessed farm units, the .
15vote value is twoend delete
17(3) For more than
begin delete 25 and 40 or fewerend delete assessed begin delete farm units, .
18the vote value is threeend delete
19(4) For more than 40 and 70 or fewer assessed farm units, the
20vote value is four.
21(5) For more than 70 and 100 or fewer assessed farm units, the
22vote value is five.
23(6) For more than 100 assessed farm units, the vote value is six.end delete
24(c) The last
begin delete equalized assessment roll prepared by the districtend delete
25 is conclusive evidence
26of ownership and
begin delete ofend delete the number of begin delete farm units owned.end delete
28(d) (1) If land is owned in joint tenancy, tenancy in common,
29or any other multiple ownership, the owners of the land shall
30designate, in writing as specified in paragraph (2), which one of
31the owners is deemed the owner of the land for purposes of
32qualifying as a voter.
33(2) The designation shall be made upon a form provided by the
34district and shall be filed with the district at least 40 days prior to
35the election and shall remain in effect until amended or revoked.
36No amendment or revocation may occur within the period of 39
37days prior to an election.
38(e) The legal representative of a corporation, estate, or trust
39owning real property may vote on behalf of the corporation or
40estate, including when the entity is a designee pursuant to
P4 1subdivision (d). Before a legal representative votes at a district
2election, he or she shall present to the
begin delete precinct boardend delete a
3copy of his or her authority that shall be kept and filed with the
4returns of the election.
5(f) Every voter, or his or her legal representative, may vote at
6any district election either in person or by a person appointed as
7his or her proxy. The appointment of a proxy shall be as provided
8in Section 35005.
9(g) Notwithstanding Section 21100 or any other law, each
10director of the district
begin delete shall beend delete
13 a registered voter in
begin delete the state, resideend delete
14 within the
begin delete territory of the district, and beend delete
16 a landowner within the division he or she represents
begin delete at
17the time of his or her nomination or appointment and through his
18or her entire term.end delete
If the Commission on State Mandates determines that
21this act contains costs mandated by the state, reimbursement to
22local agencies and school districts for those costs shall be made
23pursuant to Part 7 (commencing with Section 17500) of Division
244 of Title 2 of the Government Code.