OCR Text |
Show CALIFORNIA 139 Districts also have a wide variety of powers, including eminent domain for acquisition of property, and methods for financing con- struction. Water rights vest in the district, water for irrigation is allocated to each landowner within the district, and costs are assessed proportionately. (3) Special districts There are currently more than 3,500 special districts with functions related to water resources in California. Their types vary from fire protection and county maintenance districts to municipal water sup- ply and county sanitation districts.86 All special districts are created in conformity to provisions in authorizing statutes, the procedures of which are similar to those indicated for irrigation districts. In effect, a degree of legislative power is delegated to the special districts so that they may provide the needed service for the specific local service area.87 The districts also have the power to assess and collect taxes for improvements and to issue bonds for financing. (If,) Other water districts Other districts of interest, which are very similar to special dis- tricts, include California water districts which supply water for irri- gation and domestic use where landowners are not resident;88 com- munity service districts which provide a number of services for un- incorporated areas;89 and utilities districts, including public utilities districts, municipal utility districts, county waterworks districts, and the metropolitan water district of Southern California. Each type of district has its own authorizing statute and serves its own particular function, generally related, to the acquisition and delivery of water for municipal, domestic, industrial, or agricultural purposes. The statutes governing the particular district should be consulted for detailed information. 3. Surface Waters 3.1 Method of Acquiring Rights Different procedures apply to obtaining Pueblo, appropriative, riparian, and prescriptive rights. Pueblo rights are mentioned in section 1 above, and the procedures regarding prescriptive rights are set forth in section 3.4., below. Appropriative and riparian rights are discussed in the following sections. Reference should also be made to section 2.2 "Resolution of Water Use Conflicts" and section 3.2 "Nature and Limit of Rights" for discussion of the relative priori- ties of riparian and appropriative rights. a. APPROPRIATIVE RIGHTS (1) Early procedures Prior to the Water Commission Act of 1913, appropriative rights could be obtained by the diversion and use of water.90 An alternative means of acquiring a right after the adoption of the civil code in 1872 was the posting of a notice of intent to appropriate at the place 86 See Rogers and Nichols, sees. 449-451. 87In re Madera Irr. Dist., 92 C. 296, 317, 28 P. 272 (1891). "W.C, sees. 34000 et seq. ^Govt. code, sec. 61000 et sea. 90 See Duckworth v. Watsonville Water & Light Co., 158 C. 206, 110 P. 927 (1010). |