2007 California Water Code Article 1. Divisions And Methods Of Electing Directors ... 21550-21562.5

CA Codes (wat:21550-21562.5)

21550.  Each district shall contain five divisions unless otherwise
provided by the more recent of:
   (a) The order on final hearing on the formation petition.
   (b) An order made pursuant to this article.
   (c) An order made pursuant to Article 2 of this chapter.



21551.  Directors shall be elected by the division each represents
unless otherwise provided by the more recent of:
   (a) The order on final hearing on the formation petition.
   (b) An order made pursuant to this article.
   (c) An order made pursuant to Article 2 of this chapter.



21552.  As provided in this article the number of divisions may be
changed to three or five or the method of electing directors may be
changed to election by the district at large or by divisions, or both
changes may be made simultaneously.



21552.1.  (a) Notwithstanding Sections 21550, 21551 and 21552, the
local agency formation commission, in approving either a
consolidation of districts or the reorganization of two or more
districts into a single irrigation district may, pursuant to
subdivisions (k) and (n) of Section 56886 of the Government Code,
increase the number of directors to serve on the board of directors
of the consolidated or reorganized district to 7, 9, or 11, who shall
be members of the board of directors of the districts to be
consolidated or reorganized as of the effective date of the
consolidation or reorganization.
   (b) Upon the expiration of the terms of the members of the board
of directors of the consolidated district, or a district reorganized
as described in subdivision (a), whose terms first expire following
the effective date of the consolidation or reorganization, the total
number of members on the board of directors shall be reduced until
the number equals the number of members permitted by the principal
act of the consolidated or reorganized district, or any larger number
as may be specified by the local agency formation commission in
approving the consolidation or reorganization.
   (c) In addition to the powers granted under Section 1780 of the
Government Code, in the event of a vacancy on the board of directors
of the consolidated district or a district reorganized as described
in subdivision (a) at which time the total number of directors is
greater than five, the board of directors may, by majority vote of
the remaining members of the board, choose not to fill the vacancy.
In that event, the total membership of the board of directors shall
be reduced by one board member. Upon making the determination not to
fill a vacancy, the board of directors shall notify the board of
supervisors of its decision.
   (d) For the purposes of this section: "consolidation" means
consolidation, as defined in Section 56030 of the Government Code;
"district" or "special district" means district or special district,
as defined in Section 56036 of the Government Code; and
"reorganization" means reorganization, as defined in Section 56073 of
the Government Code.



21553.  The board shall order a change in the number of divisions or
the method of electing directors, or both, or increase the number of
directors from three to five in a district without divisions, if a
petition therefor, signed by a majority of the holders of title to
all of the land who are also the holders of title to a majority in
value of the land, is filed in the district office at least 85 days
before a general district election.



21554.  The board shall submit at a general district election or at
a special election a proposal for a change in the number of divisions
or the method of electing directors or both when either:
   (a) At least 120 days before the general district election a
petition for the submission of a proposal therefor set forth in the
petition, signed by at least 500 holders of title to land who are
also the holders of title to at least 20 percent in value of all of
the land, is filed in the district office.
   (b) At least 90 days before the general district election the
board adopts a resolution for the submission of a proposal therefor
set forth in the resolution.
   (c) The board by resolution calls a special election to be held in
the district for submission of a proposal therefor set forth in the
resolution.



21555.  With regard to submitting a proposal at the general district
election, the notices required by Section 12112 of the Elections
Code shall contain a statement of the change or changes proposed to
appear on the ballot.


21555.5.  (a) Notice of a special election called pursuant to
Section 21554 shall specify the purpose of the election and the day,
hours, and polling places in each precinct for holding the election,
and shall be posted in three public places in each election precinct
in the district for at least 20 days and published in a newspaper
published in the county once a week for at least three successive
weeks.
   (b) The election shall be held and the result determined and
declared as nearly as practicable in conformity with general district
elections.


21556.  Each proposal shall be stated on the ballot, and the method
of voting on it shall be as nearly as practicable in conformity with
the provisions relating to bond elections.



21557.  If a proposal receives the approval of a majority of the
voters voting on it in the district and also a majority of the voters
voting on it in each of a majority of the divisions, the board shall
order the change or changes in accordance with the proposal.



21558.  If an order made pursuant to this article changes the method
of electing directors, all directors thereafter elected in the
district shall be elected as provided in the order.



21559.  If an order made pursuant to this article changes the number
of divisions, the board shall forthwith redivide the district into
the number of divisions specified in the order.



21560.  If an order made pursuant to this article changes the number
of divisions, the terms of office of all directors shall expire at
noon on the first Friday in December following the next general
district election after the order, and the directors elected at that
election shall be equal in number to the number of divisions as
changed and these directors shall at their first meeting classify
themselves and determine the length of their respective terms in the
manner provided in subdivision (c) of Section 10505 of the Elections
Code.


21561.  Notwithstanding Sections 21550 and 21551, or any other
provision of law to the contrary, directors of the Jackson Valley
Irrigation District shall be nominated and elected at large.
   All vacancies in the offices of directors of the Jackson Valley
Irrigation District shall be filled pursuant to Section 1780 of the
Government Code.



21562.  Notwithstanding Section 21550, if a district contains no
divisions and the board consists of three members, without
establishing divisions the district may increase the number of
directors from three to five by following the procedure set forth in
this article.



21562.5.  (a) This section applies to the Alta Irrigation District.

   (b) Notwithstanding Section 21550, the board of directors of the
district may adopt a resolution that increases the number of
directors and the divisions from which they are elected from five to
seven in accordance with this section.
   (c) Notwithstanding Section 21383, if the number of district
directors is increased from five to seven pursuant to this section,
the number of directors required to constitute a quorum of the board
and to concur on all questions, except a motion to adjourn or a
motion to adjourn to a stated time, is four.
   (d) The board of directors shall, by resolution, adjust the
boundaries of any divisions pursuant to Chapter 3 (commencing with
Section 35200) of Division 19 of the Elections Code.
   (e) (1) Before considering the adoption of a resolution pursuant
to subdivision (b), the board of directors shall provide at least 45
days notice of the public hearing at which the board proposes to act
on the resolution.  The notice of the public hearing shall be
provided by placing a display advertisement of at least one-eighth
page in a newspaper of general circulation in each county and
incorporated city in which territory of the district is located for
three weeks pursuant to Section 6063 of the Government Code.  The
public hearing shall be held at least 45 days after the first
publication of the notice.
   (2) The notice required by paragraph (1) shall include, but not be
limited to, all of the following:
   (A) A statement that the board of directors will consider a
resolution to change from five to seven the number of directors of
the district and the divisions from which they are elected.
   (B) The phone number and address of an individual that interested
persons may contact to receive additional information about the
resolution.
   (C) The date, time, and location of the public hearing.
   (D) Notice that the resolution will be effective for the district
elections occurring at least 180 days after adoption of the
resolution unless a petition protesting the resolution containing the
signatures of not less than 10 percent of the qualified registered
voters of the district is filed with the secretary of the district
within 30 days from the date of the adoption of the resolution in the
same manner and subject to the same requirements as are set forth in
Sections 3754, 3755, and 3755.5 of the Elections Code, except that
all elections referred to in those sections and officers of the
county mentioned in those sections shall be construed to refer to
general or special district elections and to comparable officers of
the district; and the heading of the proposed referendum shall be in
substantially the following form:  "Referendum Against a Resolution
Passed by the Board of Directors of the Alta Irrigation District
Changing From Five to Seven the Number of Directors of the District
and the Divisions From Which They Are Elected."
   (f) This section shall become operative only if Assembly Bill 2536
of the 1993-94 Regular Session is enacted and becomes operative.




21562.5.  (a) This section applies to the Alta Irrigation District.

   (b) Notwithstanding Section 21550, the board of directors of the
district may adopt a resolution that increases the number of
directors and the divisions from which they are elected from five to
seven in accordance with this section.
   (c) Notwithstanding Section 21383, if the number of district
directors is increased from five to seven pursuant to this section,
the number of directors required to constitute a quorum of the board
and to concur on all questions, except a motion to adjourn or a
motion to adjourn to a stated time, is four.
   (d) (1) The board of directors shall, by resolution, adjust the
boundaries of any divisions so that the divisions are, as far as
practicable, equal in population and comply with the applicable
provisions of Section 1973 of Title 42 of the United States Code, as
amended.  In establishing the boundaries of the district, the board
may give consideration to all of the following factors:
   (A) Topography.
   (B) Geography.
   (C) Cohesiveness, contiguity, integrity, and compactness of
territory.
   (D) Community of interest of the district.
   (2) The resolution requires the vote of not less than a majority
of the directors for adoption.
   (3) At the time of, or after, any annexation of territory to the
district, the board of directors shall designate, by resolution, the
division of which the annexed territory shall be a part.
   (4) No change in division boundaries may be made within 180 days
preceding the election of any director.
   (5) (A) A change in division boundaries shall not affect the term
of office of any director.
   (B) If division boundaries are adjusted, the director of the
division whose boundaries have been adjusted, shall continue to be
the director of the division bearing the number of his or her
division as formerly comprised until the office becomes vacant by
means of term expiration or otherwise, whether or not the director is
a resident within the boundaries of the division as adjusted.
   (6) The successor to the office in a division whose boundaries
have been adjusted shall be a resident and voter of that division.
   (7) Nothing in this section shall be construed to prohibit or
restrict the district from adjusting the boundaries of any divisions
whenever the governing body of the district determines that a
sufficient change in population has occurred that makes it desirable
in the opinion of the governing body to adjust the boundaries of any
divisions, or whenever any territory is added to or excluded from the
district.
   (e) (1) Before considering the adoption of a resolution pursuant
to subdivision (b), the board of directors shall provide at least 45
days notice of the public hearing at which the board proposes to act
on the resolution.  The notice of the public hearing shall be
provided by placing a display advertisement of at least one-eighth
page in a newspaper of general circulation in each county and
incorporated city in which territory of the district is located for
three weeks pursuant to Section 6063 of the Government Code.  The
public hearing shall be held at least 45 days after the first
publication of the notice.
   (2) The notice required by paragraph (1) shall include, but not be
limited to, all of the following:
   (A) A statement that the board of directors will consider a
resolution to change from five to seven the number of directors of
the district and the divisions from which they are elected.
   (B) The phone number and address of an individual that interested
persons may contact to receive additional information about the
resolution.
   (C) The date, time, and location of the public hearing.
   (D) Notice that the resolution will be effective for the next
district elections occurring at least 180 days after adoption of the
resolution unless a petition protesting the resolution containing the
signatures of not less than 10 percent of the registered qualified
voters of the district is filed with the secretary of the district
within 30 days from the date of the adoption of the resolution in the
same manner and subject to the same requirements as are set forth in
Sections 3754, 3755, and 3755.5 of the Elections Code, except that
all elections referred to in those sections and officers of the
county mentioned in those sections shall be construed to refer to
general or special district elections and to comparable officers of
the district; and the heading of the proposed referendum shall be in
substantially the following form:  "Referendum Against a Resolution
Passed by the Board of Directors of the Alta Irrigation District
Changing From Five to Seven the Number of Directors of the District
and the Divisions From Which They Are Elected."
   (f) This section shall become operative only if Assembly Bill 2536
of the 1993-94 Regular Session is not enacted or does not become
operative.