Copyright
California.

Consolidated supplement to the codes and general laws of 1909, showing the changes affecting the codes and the general laws for the years 1911 and 1913, together with the citations contained in volumes 154 to 164 of the California Supreme Court reports and in volumes 8 to 19 of the California Appell online

. (page 147 of 295)
Online LibraryCaliforniaConsolidated supplement to the codes and general laws of 1909, showing the changes affecting the codes and the general laws for the years 1911 and 1913, together with the citations contained in volumes 154 to 164 of the California Supreme Court reports and in volumes 8 to 19 of the California Appell → online text (page 147 of 295)
Font size
QR-code for this ebook


published in the county where the office of the board of directors of
such district is required to be kept once a week for at least three suc-
cessive weeks. Such notices must specify the time of holding the elec-
tion, and the amount of assessment proposed to be levied. Said election
must be held and the result thereof determined and declared in all re-
spects as nearly as practicable in conformity with the provisions (if this
act governing the election of officers; provided, that no inforniaiitica in
conducting such an election shall invalidate the same, if the election
shall have been otherwise fairly conducted. At such election the ballots
shall contain the words "Assessment— Yes," or "Assessment— No," or
words equivalent thereto. If a majority of the votes cast are "Assess-



Act 1726, § 39 GENERAL LAWS. 1334

ment — Yes," the board of directors shall cause an assessment in the
amount named in the order of submission to be levied; if a majority of
the votes cast are "Assessment — No," the result of such election shall be
so declared and entered of record. [Amendment approved March 28,
1911; Stats. 1911, p. 514.]

Assessment for interest. Neglect of duty of collector. Duty of district
attorney. Extension of time. Assessment of land omitted.

§ 39. The board of directors shall then, within fifteen daj's after
the close of its session as a board of equalization, levy an assessment
sufficient to raise the annual interest on the outstanding bonds, and in
any year in which any bond shall fall due must increase such assessment
to an amount sufficient to raise a sum sufficient to pay the principal
of the outstanding bonds as they mature; also, sufficient to pay in full
all sums due, or that shall become due from the district, before the
time for levj-ing the next annual assessment, on account of rentals or
charges for lands, water or water rights acquired by said district under
lease or contract; also, sufficient to pay in full the amount of any other
contract or obligation of the district which shall have been reduced to
judgment. The secretary of the board must compute and enter in a
separate column of the assessment-book the respective sums in dollars
and cents to be paid as an assessment on the property therein enumer-
ated. When collected, the assessment shall be paid into the district
treasury and be apportioned to the several proper funds. In case of
the neglect or refusal of the board of directors to cause such assessment
and levies to be made as in this act provided, then the duly equalized
assessment made by the county assessor of the county or each of the
respective counties in which the district is situated shall be the basis
of assessment for the district, and the board of supervisors of the county
in which the office of the board of directors of said district is situated
shall cause an assessment-roll of said district to be prepared, and shall
make the levy required by this act, in the same manner and with like
effect as if the same had been made by said board of directors and all
expenses incident thereto shall be borne by such district and may be
collected by suit at law, which shall be commenced by the district at-
torney of the county whose board of supervisors caused said assessment-
roll to be prepared, unless the amount of such expenses shall be paid
within sixty days from the time when proper demand shall have been
made therefor. In case of the neglect or refusal of the collector or
treasurer of any irrigation district to perform the duties imposed by law,
then the tax collector and the treasurer of the county in which the office
of the board of directors of such district is situated must respectively
perform such duties and shall be accountable therefor upon their official
bonds; but, in case any county tax collector shall collect any assessment
for any irrigation district, he shall pay the same to the county treasurer
who shall place such money in a special fund to the credit of the dis-
trict and shall disburse the same to the proper persons for the purposes



1339 IRRIGATION. Act 1726, § 39

for which such assessments have been levied and shall not pay any
part thereof to the treasurer of said district until said county treasurer
shall be satisfied that all of the valid obligations for which such assess-
ments were levied and for which payment has been demanded have been
paid. It shall be the duty of the district attorney of each county in
which the office of any irrigation district is located to ascertain each
year whether the duties relating to the levying and collection of assess-
ments, as in this act provided, have been performed, and, if he shall
learn that the board of directors or any official of any such irrigation
district has neglected or refused to perform any such duty, said district
attorney shall so notify the board of supervisors or the county official
required by this act to perform such duty in such case, and, unless such
board of supervisors or such county official shall proceed to the per-
formance of such duty within thirty days after the receipt of such
notice, the district attorney shall take such action in court as may be
necessary to compel the performance of such duty, and said district attor-
ney shall give such notice to other officials, and shall take such action,
as may be necessary to secure the performance in their proper sequence
of the other duties relating to the levying and collection of assessments,
as in this act provided; provided, that for the enforcement of the levving
and collection of any assessment hereafter required to be levied and
collected for the payment of any debt hereafter incurred, in case com-
plaint shall be made to the attorney general of the state of California
that the district attorney of any county has not performed any duty
devolving upon him by the provisions of this section, or that he is not
proceeding with due diligence or in the proper manner in the perform-
ance of any such duty, the attorney general shall make an investigation,
and if it shall be found that such charge or charges are true, said attor-
ney general shall take such measures as may be necessary to enforce the
performance of the duties relating to the levying and collection of
assessments, as in this act provided. In case, as the result of the neglect
or refusal of any official or officials to perform any duty relating to the
levying and collection of assessments, as in this act provided, it shtili
be impossible for such duty to be performed within the time required
and such duty shall subsequently be performed, then the time within
which all duties consequent upon the performance of such duty sli;il!
be performed shall be extended so as to allow the elapsing of the infcr-
vals required by this act to elapse between the performance of such
duties, and the assessments herein provided for shall not become dciin-,
quent for at least thirty days after the first publication of the notice
that such assessments are due and payable, as provided in section
41 of this act. In the event any land within said district sulijcct
to assessment for the purposes of the district has not been assessed by
the county assessor or does not appear upon the county assossmentroll
adopted by said board of supervisors as the basis of assessment for tho
district, the land so omitted belonging to any person, association, cor-
poration, or municipality shall be forthwith assessed by tho county



Act 1726, §§ 41^3 GENERAL LAWS. 1336

assessor upon an order of the board of supervisors and a description of
the property so omitted shall be written in the roll prepared for the
purpose of district assessments. In such ease, before any assessment is
levied, the board of supervisors must meet and equalize said assessment
with that of the assessment of other lands in said district. The sanie
notice shall be given by the board of supervisors of such meeting for
the purpose of equalizing the assessment to be made as herein directed
as is provided in this act to be given by the board of directors of an
irrigation district when the said board is to meet for the purpose of
equalizing assessments. All the powers and duties respecting the collec-
tion of all assessments on possession of, claim to, or rights to the posses-
sign of land now provided in sections 3820, 3821, 3822, 3823, 3824, 3825
and 3829 of the Political (.'ode, as regards county assessors shall apply,
so far as applicable, to irrigation district assessors. [Amendment ap-
proved April 22, 1913; Stats. 1913, p. 59.]

Also amended March 28, 1911 (Stats. 1911, p. 514).

Notice that assessments are due. When delinquent.

§ 41. On or before the first day of November, the secretary must
deliver the assessment-book to the collector of the district, who shall
within twenty days publish a notice in a newspaper published in each
county in which any portion of the district may lie, that said assessments
are due and payable and will become delinquent at 6 o'clock P. M. on
the last Monday of December next thereafter, and that unless paid prior
thereto ten per cent will be added to the amount thereof, and also the
time and place at which payment of assessments may be made, which
notice shall be published for the period of two weeks. The collector
must attend at the time and place specified in the notice to receive assess-
ments, which must be paid in gold and silver coin; he must mark the
date of payment of any assessment in the assessment-book opposite the
name of the person paying and give a receipt to such person, specifying
the amount of the assessment and the amount paid, with the description
of the property assessed. On the last Monday in December at 6 o'clock
P. M. of each year, all unpaid assessments are delinquent and thereafter
the collector must collect thereon, for the use of the district, an addi-
tion of ten per cent. [Amendment approved June 16, 1913; Stats. 1913,
p. 1002.]

Sale of property for delinquent assessment.

§ 43. The collector must collect, in addition to the assessments due
on the delinquent list, and ten per cent added, fifty cents on each lot,
piece or tract of land separately assessed. On the day fixed for the sale,
or some subsequent day to which he may have postponed it, of which
he must give notice, the collector, between the hours of 10 A. M. and
3 o'clock P. M., must commence the sale of the property advertised,
commencing at the head of the list and continuing alphabetically, or in
the numerical order of the lots or blocks, until completed. He may
postpone the day of commencing the sales, or the sale, from day to day,



1337 IRRIGATION. Act 1726, §§ 471/2, 541/2

but the sale must be completed within three weeks from the day first
fixed; provided, that if any sale or sales shall be stayed by legal pro-
ceedings, the time of the continuance of such proceedings is not part
of the time limited for making such sale or sales; and provided, fur-
ther, that in any district where the validity of any assessment shall be
in litigation at the time this act shall take effect, the sale of any prop-
erty, whether it be involved in such litigation or not, may be postponed
for a time not to exceed four months. [Amendment approved June 16
1913; Stats. 1913, p. 1003.]

Delinquent taxes not bar to dissolution. Deed of land sold for taxes to
be made by county treasurer.

§ 47J. The five-year period herein prescribed for the redemption of
properties sold for delinquent taxes shall not operate as a bar to the
dissolution of any irrigation district. If any land has been sold for
delinquent taxes of a district in process of dissolution, or in a district
which has been dissolved and the time allowed for redemption has not
expired, the owner of such property or anyone in interest may redeem
the same by paying the amount due thereon, computed as provided in sec-
tion 46 of this act, to the county treasurer, who must issue his receipt
therefor, and upon the presentation of such receipt the county recorder
must cancel the certificate of sale in the manner required in the preced-
ing section.

In the event any land has been sold for nonpayment of taxes as herein
provided, and no redemption has been made within five years from the
date of purchase in any district which may have been dissolved before
the expiration of said redemption period, then a deed for the property
sold and described in the certificate of sale must be made to the pur-
chaser upon demand by the county treasurer of the county in which said
irrigation district is or was situated. Such deed shall contain all the
recitals of the certificate of sale, and in addition thereto, a recital that
the district'has been dissolved and a deed executed in pursuance of the
authority given by this section. A deed so executed shall have the same
force and effect as if executed by the collector of an irrigation district.
[New section approved March 28^ 1911; Stats. 1911, p. alG.j

Reports to be forwarded to state engineer.

§ 54^. During the construction of any work to be paid for out of the
proceeds of the sale of any bonds of any irrigation district within this
state, the secretary of the board of directors shall, within one week after
each regular meeting of said board, forward to the state engineer copiOH
of all reports made to said board as to the progress of said work ami a
statement of the amounts paid for the doing of any part of said work.
Immediately after the publication of the statement of the financial condi-
tion of any irrigation district within this state, required by section 14
of this act to be made annually, the board of directors of said district
Bhall cause a copy of said statement and a report staling the genera
condition of any works constructed or acquired by »aid district and



Act 1726, §§ 55, 59 general laws. 1338

whether or not the plan of irrigation adopted by the district is being
successfully carried out and any other matters which the board may
deem proper, to be forwarded to the state engineer, who shall examine
said statement and report and make to said board such recommendations
and comments as he may deem proper. The state engineer may at any
time make or cause to be made an examination of the affairs of any
irrigation district within this state or call upon the authorities of such
district for such information as he may desire and make such report
thereon as he may deem advisable. [New section approved June 16,
1913; Stats. 1913, p. 1000.]

Improvements to be paid for from construction fund. Toll may be fixed
instead of assessments.
§ 55. The cost and expense of purchasing and acquiring property and
constructing the works and improvements herein provided for, shall be
wholly paid out of the construction fund; provided, however, that when
any lands, waters, water rights or other property shall be acquired by
the district by any lease or contract, under the terms of which the con-
sideration or rental shall be payable in such installments that a like
amount shall be payable in each year of the life of such lease or con-
tract, then such rental or consideration shall be paid out of the funds
derived from the levying of annual assessments, or from the collection
of rates, tolls and charges fixed and collected as hereinafter provided
for. For the purpose of defraying the expenses of the organization of
the district, and of the care, operation, management, repair, and improve-
ment of such portions of such canal and works as are completed and in
use, including salaries of officers and employees, and installments of
rental or consideration accruing under any lease or contract as herein-
above in this section mentioned, the board may in lieu (either in part
or in whole) of levying assessments as herein provided for, fix rates of
toll and charges, for irrigation and other public uses declared by this act,
and collect the same from all persons using said canal for irrigation and
other purposes. [Amendment approved March 28, 1911; Stats. 1911,
p. 516.]

Directors may call election on question of special assessment. Emer-
gency indebtedness.
§ 59. The board of directors may, at any time, when in their judg-
ment it may be deemed advisable, call a special election and submit to
the qualified electors of the district the question whether or not a special
assessment shall be levied for the purpose of raising money to be ap-
plied to any of the purposes provided in this act. Such election must be
called upon the notice prescribed, and the same shall be held and the
result thereof determined and declared in all respects in conformity with
the provisions of section 30 of this act. The notice must specify the
amount of money proposed to be raised and the purpose for which it is
intended to be "used. At such elections the ballots shall contain the
words "Assessment — Yes" or "Assessment — No." If two-thirds or more of



1339 IRRIGATION. Act 172G, § 61

the votes cast are "Assessment — Yes," the board shall, at the time of
the annual levy hereunder, levy an assessment sufficient to raise the
amount voted; provided, however, that an assessment of not to exceed
two per centum of the value of the assessable property within the dis-
trict may be levied in any one year without such vote by the adoption of
a resolution by at least four-fifths of the members of the board of
directors, such amount not, however, to exceed the sum of seventy-five
thousand ($75,000) dollars; provided, further, that if a petition signed
by qualified voters in the district* equal in number to fifteen per centum,
of the votes cast at the last preceding general election in such district,
shall, within thirty days after the board shall by resolution have pro-
vided for the levying of such assessment, be filed with such board peti-
tioning that an election relative to the levying of such assessment be
held, such assessment shall not be levied without the election provided
for in this section; provided, further, however, that in case of an un-
expected emergency by which the fliow of water in the canal is inter-
rupted, the amount of the indebtedness incurred in the repair of the
works of said district, caused by such interruption, not to exceed in any
one year forty thousand ($40,000) dollars, may also, in addition to the
assessments hereinbefore provided for, be levied by the adoption of a
resolution by at least four-fifths of the members cf the board of directors,
at the time of the levying of the annual assessment provided for in this
act, without the submission of the question of such levy to a vote, as in
this section hereinbefore provided. [Amendment approved April 26,
1911; Stats. 1911, p. 1111.]

Directors may not incur liability in excess of bonds. Warrants not paid
to bear interest. Notice that warrants will be paid.
§ 61. The board of directors or other officers of the district shall have
no power to incur any debt or liability whatever, either by issuing bonds
or otherwise, in excess of the express provisions of this act; and any debt
or liability incurred in excess of «uch express provisions shall be and
remain absolutely void, except that for the purposes of organization, or
for any of the purposes of this act, the board of directors may, before
the collection of the first assessment, incur indebtedness in such sum or
sums as shall amount to two thousand dollars, or, if the district shall
contain more than four thousand acres, to one-half as many dollars as
there are acres of land in the district, and may cause warrants of the
district to be issued therefor, bearing interest at seven per cent ])pr
annum; provided, however, that in no case shall the total amount of war-
rants authorized in this section exceed fifty thousand dollars, and all
such- warrants must be made payable not later than the first day of
January after the first assessment shall be levied in the diBtnct issuniK
such warrants; and provided, further, that nothing contained in this «cc-
tion shall be construed as limiting the right of the board to enter into
any contract or lease for any lands, waters, water rights or otu-r prop-
erty, as in this act provided for, and by such lease or contract to bind



Act 1726, § 78 GENERAL LAWS. 1340

the district for the payment of the rental or consideration specified in
such lease or contract; and provided, further, that any warrant of the
district payable on demand, if presented to the treasurer for payment
when funds are not available for the payment thereof, shall thereafter
draw interest at the rate of five per cent per annum until public notice
is given that such funds are available. Upon the presentation of any
such warrant for payment when funds of the district are not available
to pay the same, the treasurer of the district shall indorse thereon the
words, "Funds not available for payment," with the date of presenta-
tion, and shall sign his name thereto. He shall keep a record, showing
the number and amount of each such warrant, the date of its issuance,
the person in whose favor it was issued and the date of its presentation
for payment. Whenever there is sufficient money in the treasury to pay
all such outstanding warrants, or whenever the board of directors shall
order that all such warrants presented for payment prior to a certain
date be paid and there is sufficient money available for such payments,
the treasurer shall give notice in some newspaper published in the dis-
trict, or, if none is published therein, then in some newspaper published
in the county in which the district or any portion thereof is situated, or,
if none is published in such county, then the treasurer shall post such
notice conspicuously in the place in which the board of directors of the
district holds its regular meetings, stating that he is prepared to paj' all
warrants of the district for the paj-ment of which funds were not avail-
able upon their original presentation, or all such warrants which were
presented for payment prior to the date fixed by the board of directors,
as the case may be, and no further description of the warrants entitled
to payment shall be made in such notice. Upon the presentation of any
warrant entitled to payment under the terms of such notice, the treasurer
shall pay it, together with interest thereon at the rate of five per cent
per annum from the date of its original presentation for payment to the
date of the first publication or posting of the aforesaid notice, and all
warrants for the payment of which funds are declared in said notice to
be available shall cease to draw interest at the time of the first publica-
tion or posting of said notice. The treasurer shall enter in the record
hereinbefore required to be kept the dates of the payment of all such
warrants, the names of the persons to whom payments are made and the
amount paid to each person. [Amendment approved June 16, 1913; Stats,
1913, p. 1001.]

Also amended March 28, 1911 (Stats. 1911, p. 517).

Exclusion of lands from irrigation districts. Lands not susceptible of
irrigation, etc. Land irrigated by pumping.
§ 78. If, upon the hearing of any such petition, no evidence or proofs
in support thereof be introduced, or if the evidence fail to sustain said
petition, or if the board deem it not for the best interests of the dis-
trict that the lands, or some portion thereof, mentioned in the petition,
should be excluded from the district, the board shall order that said peti-



1341 IRRIGATION. Act 1731, § 21/^

tion be denied as to such lands; but if the said board deem it for the
best interest of the district that the lands mentioned in the petition, or
some portion thereof, be excluded from the district, and if no person
interested in the district show cause in writing why the said lands, or
some portion thereof, should not be excluded from the district, or if, hav-
ing shown cause, withdraws the same, or upon the hearing fails to estab-
lish such objections as he may have made, then it shall be the duty of
the board to, and it shall forthwith, make an order that the lands men-
tioned and described in the petition, or some defined portion thereof, be
excluded from said district; provided, that it shall be the duty of said
board to so order, upon petition therefor as aforesaid, that all lands so
petitioned to be excluded from said district shall be excluded therefrom,
which cannot be irrig".ted from, or which are not susceptible to, or would
not, by reason of being permanently devoted to uses other than agri-
cultural, horticultural, viticultural or grazing, be directly benefited by,
the actual irrigation of same from a common source or by the same sys-



Online LibraryCaliforniaConsolidated supplement to the codes and general laws of 1909, showing the changes affecting the codes and the general laws for the years 1911 and 1913, together with the citations contained in volumes 154 to 164 of the California Supreme Court reports and in volumes 8 to 19 of the California Appell → online text (page 147 of 295)