California Legislature—2015–16 Regular Session

Assembly BillNo. 541


Introduced by Assembly Member Dahle

February 23, 2015


An act to create the Big Valley Watermaster District, and prescribing its boundaries, organization, operation, management, financing, and other powers and duties, relating to water districts.

LEGISLATIVE COUNSEL’S DIGEST

AB 541, as introduced, Dahle. Big Valley Watermaster District Act.

Existing law provides for the establishment of watermaster service areas by the Department of Water Resources for the purposes of ensuring the most practical and economic supervision of the distribution of water. Existing law specifies that upon the submission of a specified petition to a court in which a relevant judicial decree has been entered, the court may appoint a public agency as a watermaster to replace the watermaster appointed by the department.

This bill would create a watermaster district with unspecified boundaries within the Counties of Lassen and Modoc to be known as the Big Valley Watermaster District. The bill would generally specify the powers and purposes of the district. The bill would prescribe the composition of the board of directors of the district. The bill would require the district to provide watermaster service on behalf of water right holders whose place of use under an appointed decree, as defined, is a parcel of real property within the district. The bill would authorize the district to enter into an agreement to provide watermaster service to water right holders whose place of use is an eligible parcel, as defined. The bill would require the board of directors of the district to provide for the preparation of regular audits of the district’s accounts and records and specified annual financial reports. By imposing duties on the district and the Counties of Lassen and Modoc in connection with the operation of the district, the 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 no reimbursement is required by this act for a specified reason.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Big Valley Water District.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

This act shall be known and may be cited as the 2Big Valley Watermaster District Act. It is intended to supplement
3the Water Code as follows:

45 Big Valley Watermaster District Act
6


7

6 

7Article 1.  Creation
8

 

9

101.  

This act shall be known, and may be cited, as the Big
10Valley Watermaster District Act.

11

102.  

(a) A watermaster district is hereby created in Modoc
12County and Lassen County to be known as the Big Valley
13Watermaster District.

14(b) The district shall be governed by a board of directors as
15specified in Section 401, shall have boundaries as prescribed in
16Section 201, and shall exercise the powers granted by this act for
17purposes of acting as watermaster over those decreed water rights
18whose places of use are within the Big Valley and for which the
19Superior Court for the County of Modoc has appointed the district
20as the watermaster, together with other powers and duties that are
21granted by this act or reasonably implied and necessary and proper
22to carry out the purposes of the district, including, but not limited
23to, any power authorized by the court which appoints the district
24as watermaster.

P3    1(c) The Legislature hereby finds and declares that the
2cost-effective and responsible enforcement of existing decreed
3water rights within the Big Valley is in the public interest, and that
4the creation of a watermaster district that can serve in that capacity
5after proper appointment by the Superior Court for Modoc County
6is for the common benefit of the holders of those decreed water
7rights within the Big Valley and for the protection of agricultural
8and economic productivity.


9
10

9 

10Article 2.  Boundaries
11

 

12

201.  

For the purposes of this act, all of the following townships
13that lie within the county comprise the territory that is included in
14the Big Valley Watermaster District:

15____


16
17

16 

17Article 3.  Definitions
18

 

19

301.  

Unless otherwise indicated by their context, the definitions
20set forth in this article govern the construction of this act.

21

302.  

“Appointed decree” means a decree for which the district
22is appointed the watermaster by the court.

23

303.  

“Appointed parcel” means a parcel of real property within
24the district that is a place of use for water rights under an appointed
25decree.

26

304.  

“Big Valley” means that portion of the district generally
27drained by the Pit River.

28

305.  

“Big Valley Service Area” means the territory included
29in the Big Valley Water District as specified in Section 201.

30

306.  

“Board of directors” or “board” means the board of
31directors of the district.

32

307.  

“Contracted parcel” means an eligible parcel whose owner
33has entered into a contract with the district to provide watermaster
34service for that parcel.

35

308.  

“County” means the County of Lassen, the County of
36Modoc, or both.

37

309.  

“Court” means the Superior Court for the County of
38Modoc.

39

310.  

“Decree” means any water right decree, entered by the
40court, which adjudicates water rights within the county in which
P4    1the decreed points of diversion are within the Big Valley in the
2county.

3

311.  

“Department” means the Department of Water Resources.

4

312.  

“District” means the Big Valley Watermaster District.

5

313.  

“Eligible parcel” means a parcel of real property within
6the district that is a place of use for water rights under a decree
7that is not an appointed decree, and for which the department is
8not the watermaster.

9

314.  

“Fund” means the fund designated by the court, or by the
10district in the absence of a designation by the court, into which
11charges levied by the district shall be paid by the county upon
12collection.

13

315.  

“Owner” means a person who is an owner of a parcel of
14real property within the district that is a place of use for water
15rights under the decree.

16

316.  

“Person” means any state or local governmental agency,
17private corporation, firm, partnership, individual, group of
18individuals, or, to the extent authorized by law, any native tribe
19or federal agency.

20

317.  

“Voter” means a holder of water rights whose place of
21use under a decree is an appointed or contracted parcel.


22
23

22 

23Article 4.  General Provisions
24

 

25

401.  

(a) The board of directors shall govern the district and
26shall exercise the powers of the district as set forth in this act.

27(b) Except as specified in subdivision (d), the board of directors
28of the district shall consist of five members elected at large from
29the Big Valley Service Area. Each director shall be a voter and an
30owner. The directors shall be elected at large from the Big Valley
31Service Area.

32(c) A quorum of the board of directors shall be three members.
33A majority of affirmative votes of the full membership of the board
34shall be required to take an action.

35(d) (1) (A) The initial five directors of the district shall be the
36directors of the Big Valley Water Users Association as of
37December 31, 2015. Each initial director’s term shall be as
38specified in subparagraph (B).

39(B) For the initial board of directors, in the same sequence as
40the terms of the directors of the Big Valley Water Users
P5    1Association, one director’s term shall end March 31, 2016, two
2directors terms shall end March 31, 2017, and two directors terms
3shall end March 31, 2018.

4(2) After the initial board of directors, each director shall have
5a term of three years. A person shall be an owner to be elected to
6the board.

7(e) Except as otherwise provided in this act, the Uniform District
8Election Law (Part 4 (commencing with Section 10500) of Division
9 10 of the Elections Code) shall apply to elections within the district.

10(f) Any vacancy in the elective office of a member of the board
11of directors shall be filled pursuant to Section 1780 of the
12Government Code. Any vacancy in the appointive office of a
13member of the board of directors shall be filled pursuant to Section
141778 of the Government Code.

15

402.  

(a) For the purposes of the Uniform District Election
16Law, the district shall be deemed to be a landowner voting district,
17except that each voter shall have one vote.

18(b) In a manner that is consistent with Section 10525 of the
19Elections Code, for water rights that have multiple holders, the
20holders shall designate in writing to the district, in accordance with
21a timetable established by the district, a voter from among their
22number for voting purposes.

23

403.  

(a) The board of directors shall do all of the following:

24(1) Act only by ordinance, resolution, or motion.

25(2) Keep a record of all of its actions, including financial
26transactions.

27(3) Adopt rules or bylaws for its proceedings.

28(4) Adopt policies for the operation of the district.

29(b) The board of directors may do all of the following:

30(1) Provide, by ordinance or resolution, that its members may
31receive their actual and necessary traveling and incidental expenses
32incurred while on official business. Reimbursement of these
33expenses is subject to Section 53232.3 of the Government Code.
34A member of the board of directors may waive any or all of the
35payments permitted by this paragraph.

36(2) Require any employee, officer, or member of the board of
37directors to be bonded. The district shall pay the cost of the bonds.

38(c) Prior to taking office, each director shall take the official
39oath and execute any bond that may be set by the board.

P6    1

404.  

At the first meeting of the board of directors, and at the
2first annual meeting each year thereafter, the board of directors
3shall elect a chairperson and vice chairperson from among its
4members. The board of directors shall appoint a secretary of the
5district. The secretary of the district may be a member of the board
6of directors or a district employee.

7

405.  

Meetings of the board shall be held pursuant to the Ralph
8M. Brown Act (Chapter 9 (commencing with Section 54950) of
9Part 1 of Division 2 of Title 5 of the Government Code).

10

406.  

The district shall have the following powers:

11(a) Adopt ordinances in accordance with Article 7 (commencing
12with Section 25120) of Chapter 1 of Part 2 of Division 2 of Title
133 of the Government Code.

14(b) Adopt and enforce rules and regulations for the
15administration, operation, use, and maintenance of the district’s
16facilities and property.

17(c) Sue and be sued in its own name.

18(d) Acquire any real or personal property within the district, by
19contract or otherwise, to hold, manage, occupy, dispose of, convey,
20and encumber the property, and to create a leasehold interest in
21the property for the benefit of the district. The district shall not
22have the power of eminent domain.

23(e) Appoint employees, define their qualifications and duties,
24and provide a schedule of compensation for performance of their
25duties.

26(f) Engage counsel and other professional services.

27(g) Enter into and perform all contracts. The district shall follow
28the procedures that apply to the county, including, but not limited
29to, the requirements of Article 3.6 (commencing with Section
3020150) of Chapter 1 of Part 3 of Division 2 of the Public Contract
31Code.

32(h) Adopt a seal and alter it.

33(i) Take any and all actions necessary for, or incidental to, the
34powers expressed or implied by this act.

35

407.  

(a) The board of directors shall provide for the preparation
36of regular audits of the district’s accounts and records pursuant to
37Section 26909 of the Government Code.

38(b) The board of directors shall provide for the preparation of
39annual financial reports to the Controller pursuant to Article 9
P7    1(commencing with Section 53890) of Chapter 4 of Part 1 of
2Division 2 of Title 5 of the Government Code.

3

408.  

All claims for money or damages against the district are
4governed by Part 3 (commencing with Section 900) and Part 4
5(commencing with Section 940) of Division 3.6 of Title 1 of the
6Government Code.

7

409.  

The district is not subject to the Cortese-Knox-Hertzberg
8Local Government Reorganization Act of 2000 (Division 3
9(commencing with Section 56000) of Title 5 of the Government
10Code).

11

410.  

The provisions of this act are severable. If any provision
12of this act or its application is held invalid, that invalidity shall not
13affect other provisions or applications that can be given effect
14without the invalid provision or application.


15
16

15 

16Article 5.  Powers and Duties
17

 

18

501.  

The district shall serve as the watermaster for any
19appointed decree, including, but not limited to, taking specific
20actions ordered by the court in the administration of that decree
21or decrees.

22

502.  

(a) In carrying out its duties as watermaster, the district
23shall assume all powers and duties of the department set forth in
24Part 4 (commencing with Section 4000) of Division 2 of the Water
25Code, except as modified by the court, and as follows:

26(1) References to the department in that part shall be deemed
27to be references to the district.

28(2) References to the Water Resources Revolving Fund in that
29part shall be deemed to be references to the fund.

30(b) Charges levied by the district shall comply with Article
31XIII D of the California Constitution.

32

503.  

The district may enter into an agreement to provide
33watermaster service to the holders of water rights whose place of
34use is an eligible parcel if all the holders have executed the
35agreement. An agreement to provide watermaster services to an
36eligible parcel shall include a provision that the water right holders
37agree to pay in full for the service prior to the provision of service.
38The amount to be paid shall be determined to ensure that the
39provision of the watermaster service to contracted parcels does
P8    1not increase the cost of the watermaster service to appointed
2parcels.

3

504.  

Amounts owed to the county for services provided to the
4district by the county shall be included in the district’s budget for
5each watermaster service area. The watermaster service areas for
6which these amounts have been incurred shall be identified and
7accounted for in the budget.

8

SEC. 2.  

The Legislature finds and declares that a special law
9is necessary and that a general law cannot be made applicable
10within the meaning of Section 16 of Article IV of the California
11Constitution because of the unique and special water problems in
12the area of the Big Valley Water District that make this special
13law necessary for the conservation, development, control, and use
14of that water for the public good.

15

SEC. 3.  

No reimbursement is required by this act pursuant to
16Section 6 of Article XIII B of the California Constitution because
17a local agency or school district has the authority to levy service
18charges, fees, or assessments sufficient to pay for the program or
19level of service mandated by this act, within the meaning of Section
2017556 of the Government Code.



O

    99