California Water Code ARTICLE 1 - Formation of Maintenance Areas

  • Section 12878.
    Unless the context otherwise requires, the following definitions apply throughout this chapter:(a) “Department” means Department of Water Resources.(b) “Director” means the Director of Water Resources.(c) “Board” means the...
  • Section 12878.1.
    (a)  If the department determines that a unit of a project is not being operated or maintained in accordance with the standards established by federal...
  • Section 12878.2.
    The statement shall include a description of the unit and the name of the local agency, if any, responsible for its operation and maintenance and...
  • Section 12878.3.
    Any such statement shall not be admissible as evidence in any court action brought against the local agency, its governing body or any member thereof...
  • Section 12878.4.
    If the local agency, within 45 days after the date of receipt of the said statement of the department, files a protest thereto with the...
  • Section 12878.5.
    If no protest is received by the board or department pursuant to the provisions of the preceding section, the board or department shall adopt and...
  • Section 12878.6.
    If, within 30 days after conclusion of the hearing held pursuant to Section 12878.4 of this code, the governing body of the local agency has...
  • Section 12878.7.
    The board or department shall prepare a description of the proposed boundaries together with a map thereof for each maintenance area to be formed. For...
  • Section 12878.8.
    Any maintenance area may be divided into zones when it is determined by the investigation that the benefit to the land in the area is...
  • Section 12878.9.
    If a maintenance area is divided into zones, the zones shall be given a numerical designation starting with Zone 1 which shall be the zone...
  • Section 12878.10.a.
    Upon completion of the said description and map, the board or department shall schedule a hearing to be held either at some convenient place within...
  • Section 12878.11.
    Notice of the hearing shall be given by publication in at least one newspaper of general circulation within the proposed boundaries of the maintenance area...
  • Section 12878.12.
    The notice shall state the time and place of hearing, that the purpose of the hearing is to establish the boundaries of the maintenance area...
  • Section 12878.13.
    At the hearing any owner of land within the proposed boundaries of the maintenance area or other interested person may offer, and the board or...
  • Section 12878.14.
    Land lying without the exterior boundaries of the proposed maintenance area as shown on the map prepared by the board or department shall not be...
  • Section 12878.15.
    When any such additional land is proposed to be included and the owner’s consent is not given, the hearing shall be adjourned to a specified...
  • Section 12878.16.
    Notice of such adjourned hearing, where additional land is to be included, and the purpose thereof shall be given by publication of notice at least...
  • Section 12878.17.
    Upon the final conclusion of such hearing the board or department shall establish the boundaries of the maintenance area and of the zones therein and...
  • Section 12878.18.
    Land benefited by more than one unit may be included within as many maintenance areas as there are units by which it is benefited.(Added by...
  • Section 12878.19.
    The establishment of a maintenance area pursuant to this chapter shall be evidenced by an order or resolution of the board or director creating such...
  • Section 12878.20.a.
    The order or resolution determining and establishing the boundaries thereof shall be filed for record in the office of the county recorder of each county...
  • Section 12878.21.
    Upon the formation of a maintenance area, the department shall thereafter operate and maintain the unit until such time as the maintenance area may be...

Last modified: October 22, 2018