2007 California Water Code Article 2. Hearing And Order

CA Codes (wat:48025-48031)

48025.  At the time and place provided in the notice of hearing on
the exclusion petition published pursuant to Article 1 of this
chapter, or at the time to which the hearing may be adjourned, the
board shall hear all the following:
   (a) The petition.
   (b) All evidence or proofs that may be introduced by or on behalf
of the petitioners.
   (c) All objections to the petition that may be presented in
writing by any person showing cause as provided in Article 1 of this
chapter.
   (d) All evidence or proofs that may be introduced in support of
objections to the petition.



48026.  The failure of any person interested in the district, other
than the holders of bonds thereof outstanding at the time of the
filing of the petition with the board, to show cause, in writing, why
the land mentioned in the petition should not be excluded from the
district constitutes an assent by him to the exclusion of such land,
or any part thereof, from the district.



48027.  The filing of the petition with the board constitutes an
assent by each and all of the petitioners to the exclusion from the
district of the land mentioned in the petition, or any part thereof.



48028.  The expenses of giving the notice provided for in Article 1
of this chapter and of the hearing on the exclusion petition shall be
paid by the persons filing the petition.



48029.  Upon the hearing of an exclusion petition the board shall
order that the petition be denied:
   (a) Entirely when no evidence in support of the petition is
introduced.
   (b) As to any land described in the petition as to which the
evidence introduced fails to sustain the petition.
   (c) As to any land described in the petition which the board deems
it not for the best interests of the district to exclude, except
when the board judges that the land will not be benefited by the
operations of the district.



48030.  The board, after the hearing of any exclusion petition,
shall order the exclusion of all or any part of the land described in
it when as to the land to be excluded either:
   (a) The board judges that the land will not be benefited by the
operations of the district.
   (b) The board deems the exclusion to be for the best interests of
the district and one of the following is true:
   (1) No interested person has filed objections in writing showing
cause why the land should not be excluded.
   (2) All written objections made to the exclusion have been
withdrawn.
   (3) No written objection made to the exclusion is sustained at the
hearing.



48031.  No exclusion of land from any district impairs its
existence, its rights, including those in or to property, or its
obligations.