2007 California Water Code Chapter 5. Central San Joaquin Water Conservation District Charges

CA Codes (wat:75470-75478.5)

75470.  The Central San Joaquin Water Conservation District, in
addition to its other powers, may fix and collect charges as provided
in this chapter.
   As used in this chapter, "district" means the Central San Joaquin
Water Conservation District.



75470.5.  On or before the 30th day of June of each year, the
district may, by resolution of the board, fix and collect charges
sufficient to meet and pay the estimated expenses and obligations,
including a reasonable reserve for contingencies, of the district,
until the time that money shall be available to the district from
charges fixed in the next succeeding year, subject, however, to a
maximum limit of two dollars and fifty cents (.50) upon each acre
of taxable land within the district.
   The board, in fixing the charges, may establish the dates of
delinquency and may impose penalties for delinquency not exceeding 10
percent of the amount of the charge and may, in addition, collect
interest at the rate of 8 percent per annum from the date of
delinquency on all delinquent charges.  The district may sue for the
recovery of unpaid charges.
   The revenue obtained from the charges may be used for any district
purpose and the payment of any district obligation.



75471.  The board, in fixing the charges pursuant to Section
75470.5, shall fix a uniform charge per acre on each acre of taxable
land within the district sufficient to pay its estimated expenses and
obligations.


75471.5.  If the charge for any parcel of land separately charged,
based on the rate fixed pursuant to Section 75471, is less than ten
dollars (), a minimum charge may be set by the board which shall
not exceed ten dollars () for each separately charged parcel.



75472.  The district may, by resolution of the board, provide a
procedure for and collect the charges by way of the tax bills of the
county in which the district is located.  The charges shall appear as
a separate item on the tax bill, shall be collected at the same time
and in the same manner as county ad valorem property taxes are
collected, and shall be subject to the same penalties and the same
procedure and sale in case of delinquency as provided for those
taxes.
   The district shall, on or before August 1st of each year, certify
to the county auditor the charges to be collected.  The county may
deduct from the revenue so collected for the district an appropriate
amount for the billing and collection services rendered to the
district.



75473.  Any charge erroneously made by reason of inadvertence or
clerical mistake may be refunded upon order of the board at any time
after payment thereof.


75474.  The board shall annually fix and collect a charge, as
provided in Section 75471, until the board, on its own motion or on
petition of landowners representing at least 25 percent of the land
within the district or at least 25 percent of the voters of the
district, directs that commissioners be named to make a determination
of the benefits received and to establish one or more zones of
benefit which shall reflect the proportion of benefits to be derived
by the lands within the respective zone or zones from the operation
of the district and from any contract the district may have entered
into.  The determination shall be effective as of the first day of
July in the next succeeding year.



75475.  The board, pursuant to Section 75474, shall thereafter
appoint three commissioners who have no interest in any real property
within the district, each of whom, before entering upon his or her
duties, shall make and subscribe an oath that he or she is not in any
manner interested in any real property within the district, directly
or indirectly, and that he or she will perform the duties of a
commissioner to the best of his or her abilities.



75475.5.  The commissioners shall determine whether the district
should be divided into more than one zone of benefit.
   If the commissioners determine that the district shall be divided
into more than one zone, the zones shall be given a numerical
designation starting with Zone 1, which shall be the zone which
receives the greatest proportional benefit.  The benefit received by
Zone 1 shall be assessed at 100 percent, and the benefit received by
the other zones shall be expressed in terms of relatively smaller
percentages as the benefits compare with those received by Zone 1.
   The commissioners shall prepare a map showing the boundaries of
the zones and their respective benefit percentages, and a report
explaining the basis for their determination.



75476.  Upon receipt of the commissioners' map and report, the board
shall schedule a hearing thereon.  Notice of the hearing shall be
given in each county in which the district is located by publishing
once each week for at least two successive weeks in a newspaper of
general circulation.



75476.5.  The notice shall state the time and place of hearing, that
the purpose of the hearing is to approve the report and map of the
commissioners, and the location of the place or places where the
report and map may be inspected.  The notice shall include a brief,
generalized description of the benefit zones and percentage of
benefits determined for each zone.



75477.  At the hearing, any landowner within the proposed boundaries
of the benefit zone or other interested person may offer any
relevant evidence or testimony relating to the boundaries of the
benefit zones or the benefits to be received.  The landowner or
interested person may object the inclusion of land within a benefit
zone or may request the inclusion of any other land within the zone
or a change in the percentage of benefits of any zone.



75477.5.  At the conclusion of the hearing, the board may alter the
boundaries of benefit zones or the percentages of benefits applicable
thereto and shall make an order establishing the boundaries of the
benefit zones and the percentages of benefits applicable thereto
which shall best approximate the benefits received.




75478.  Upon an order that the district be divided into more than
one zone, the charge per acre made pursuant to Section 75471 shall be
multiplied by the percentage of benefit applicable to the zone or
zones within which the acreage is located, and shall then be
increased by the factor necessary so that the total amount to be
collected shall be equal to the amount determined to be required
pursuant to Section 75470.5.



75478.5.  The board, subsequent to any redetermination of benefits
made pursuant to Section 75474, may, on its own motion or on petition
of landowners representing at least 25 percent of the lands within
the district or at least 25 percent of the voters of the district,
direct that the zones of benefit or that the percentages of benefit
be further redetermined in the same manner as provided in this
chapter.