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Show 138 CALIFORNIA b. WATER DISTRICTS AND RELATED ORGANIZATIONS The number and variety of public districts with water resource interests in California are staggering. There are county and State water districts, irrigation districts, many types of special districts, regional districts, and community services districts-all with powers affecting water use or water quality. Added to this list are the private and mutual water companies. The influence of these organizations on California water law is great, and was one of the prime factors motivating adoption of the State water plan. This section provides an elementary discussion of the identity, structure, and role of these water resource districts and organizations.81 (1) Private and mutual water associations Private and mutual water associations are recognized in California. They are differentiated substantively only by name, although in practice private water companies are typically established in con- nection with land development, whereas mutual companies are gen- erally formed by the transfer of water rights by landowners who can thereby protect their rights and obtain economies of scale in admin- istration and water distribution and use. Generally, an individual acquires rights to use water by purchasing shares of stock in the association, or by entering into a contract or obtaining a conveyance.82 Costs of operation and maintenance are generally assessed on the stock. Shares in either type of association are transferable for water use within the service area, unless restric- tions appear in the articles of incorporation or on the stock certificate. Either type of association may become subject to the jurisdiction of the public utilities commission if it sells or delivers water for general public use.83 The advantages of the association may either be in the form of profits (usually by private companies) or in benefits from pooled re- source management and use. (2) Irrigation districts These districts were authorized by the Wright-Bridgford Act of 1887.84 Formation parallels that of other districts within the State, with requirements for approval of the county boards of supervisors, the department of water resources, and finally the voters or property owners within the proposed district. Subject to statutory limitations, irrigation districts have the power to contract for the exchange or delivery of water, construct works necessary for delivery, and acquire the right to transport and store waters.85 Districts also have the power to levy assessments or to make charges on use to meet the operation and maintenance costs of the district. 81 For more detailed discussion, consult Rogers and Nichols, vol. 2, pt. Ill, and Henley, "The Evolution of Forms of Water Users Organizations In California," 45 Cal. L.R. 665 (1957). 82 See generally 51 Cal. .Tiir. 2d, Waters sees. 840 et seq. 83Palermo Land & Water Co. v. Railroad Comm., 173 C. 380, 384, 160 P. 228 (1916). 84 Presently W.C., sees. 20500 et sea.; upheld as constitutional in Turlock Irr. Diet. v. Williams, 76 C. 360. 18 P. 379 (1888). 85W.C, sees. 22226-22228. |
