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Home My WebLink About11604-000; Olivenhain/Lake Hodges Water Power Plant; Olivenhain/Lake Hodges Water Power Plant; 1997-04-01BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION APPLICATION FOR PRELIMINARY PERMIT OLIVENHAIN/LAKE HODGES PUMPED-STORAGE WATER POWER PROJECT FERC PROJECT NO. 11604-000 SUBMITTED BY: San Diego County Water Authority 3211 Fifth Avenue San Diego, California 92103-5718 April 1997 San Diego County Wafer Authority A Public Agency 3211 Fifth Avenue • San Diego, California 92103-5718 (619) 682-4100 FAX (619) 297-0511 May 12,1997 Subject: Olivenhain/Lake Hodges Pumped-Storage Water Power Project FERC Project No. 11604-000 California Dear Sir/Madam: Enclosed please find is a copy of the application for preliminary permit for the project referenced above, filed with the Federal Energy Regulatory Commission (FERC) in April 1997. If you have any question or concern regarding this matter, please contact the undersigned at (619) 682-4135. Sincerely, Kennetrf A. Steele, P.E. ESP Project Manager KAS/jz Attachments MEMBER AGENCIES CITIES • Del Mor • Eicondido • Notional City • Oceomide * Poway • Son Diego COUNTY • San Diego (ex offiao) IRRIGATION DISTRICTS • Santo Fe • South Bay • Vista PUBUC UTILITY DISTRICT • Fallbraok WATER DISTRICTS • Helix • Ofay • San Dieguita • Vallecilos FEDERAL AGENCY • Pendleton Military Reservati MUNICIPAL WATER DISTRICTS Olivtjnhain • Rincon del Diablo Padre Dam • Volley Center PRINTED ON RECYCLED PAPER San Diego County Water Authority A Public Agency 3211 Fifth Avenue • San Diego, California 92103-5718 (619) 682-4100 FAX (619) 297-0511 April 28, 1997 Ms. Lois Cashell, Secretary Federal Energy Regulatory Commission 888 First Street, NE Washington, D.C. 20426 Subject: Olivenhain/Lake Hodges Pumped-Storage Water Power Project Dear Ms Cashell: m m m m m We hereby submit one original and eight copies of an application for a preliminary permit to develop the Olivenhain/Lake Hodges Water Power Project. By copy of this letter we also are forwarding one copy of the permit application to the Commission's Regional office. We look forward to receiving a preliminary permit for our project. If there are questions or if additional information is needed please contact the undersigned at (619) 682-4135. Sincerely, KAS:jas Attachments Kenneth A. Steele Project Manager Emergency Storage Project m m cc: San Francisco Regional Office 901 Market Street Suite 350 San Francisco, CA 94103-1778 I:\ESP\FERC\FERCLTR1.DOC 4/25/97 m * m m ernes • D«l Mar • Eicondido • National City • Oreantide • Paway • San Diego COUNTY <•'. ohVio) MEMBER AGENCIES IRRIGATION DISTRICTS • Santa F« • South Bay • Villa WATER DISTRICTS • Helu • Otay • San Di«guito PUBLIC UTIlirY DISTRICT • Wbrook fEDERAl AGENCY PRINTED ON RECYCLED PAPER MUNICIPAL WATER DISTRICTS Oliv^nham • ffinnon d«l Dialll') Pltlr! Qom • Valley Center TABLE OF CONTENTS Page INITIAL STATEMENT 1 EXHIBIT 1 - DESCRIPTION OF PROPOSED PROJECT 8 1.0 Background 8 2.0 Project Configuration 8 3.0 Reservoirs 9 4.0 Transmission Line and Interconnection 10 5.0 Project Capacity 10 6.0 Public Lands 11 7.0 Other Information 11 EXHIBIT 2 - STUDY PLAN 12 1.0 General 12 2.0 Work Plan for New Dam Construction 15 3.0 Waiver 17 EXHIBIT 3 - STATEMENT OF COSTS AND FINANCING 18 1.0 Estimated Costs 18 2.0 Financing 18 3.0 Proposed Market for Power Generation 18 EXHIBIT 4 - PROJECT MAPS 19 Figure 1 - General Location Map Figure 2 - Regional Base Map - Water Facilities Figure 3 - Project Location and Boundary Map (2 sheets) Figure 4 - Project Layout Figure 5 - Plan View - Olivenhain Dam Figure 6 - Profile - Olivenhain Dam Figure 7 - Typical Maximum Section - Olivenhain RCC Dam ATTACHMENT 1 - Legal Authority of Applicant as a Municipality m m INITIAL STATEMENT BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION APPLICATION FOR PRELIMINARY PERMIT 1.0 San Diego County Water Authority applies to the Federal Energy Regulatory Commission for a preliminary permit for the proposed Olivenhain/Lake Hodges Pumped-Storage Water Power Project, as described in the attached exhibits. This application is made in order that the applicant may secure and maintain priority of application for a license for the project under Part I of the Federal Power Act while obtaining the data and performing the acts required to determine the feasibility of the project and to support an application for a license. 2.0 Location of the proposed project is: State or Territory: State of California County: County of San Diego Township or Nearby Town: Del Dios Stream or Other Body of Water: Lake Hodges (on the San Dieguito River) 3.0 The exact name, business address and telephone number of the applicant is: San Diego County Water Authority 3211 Fifth Avenue San Diego, CA 92103-5718 (619) 682-4100 The exact name and business address of each person authorized to act as agent for the applicant and this application are: Kenneth A. Steele, ESP Project Manager Gregg D. Ottinger San Diego County Water Authority Duncan & Allen, Counsellors at Law 3211 Fifth Avenue 1575 Eye Street, Northwest San Diego, CA 92103-5718 Washington, D.C. 20005-1175 (619) 682-4135 (202) 289-8400 4.0 San Diego County Water Authority is a municipal entity under California's County Water Authority Act and is claiming preference under Section 7(a) of the Federal Power Act. Copies of applicable State laws and other legal authority evidencing that the Applicant is a municipality are provided in Attachment 1. 5.0 The proposed term of the requested permit is for a period of 36 months. 6,0 Name of Existing Dam: Lake Hodges Dam Owner: City of San Diego Address: 202 C Street San Diego, CA 92101-3861 SANDIEGO\0-3068-ferc3.rev Page 1 April 1997 IN ACCORDANCE WITH THE CODE OF FEDERAL REGULATIONS (CFR), TITLE 18, PART 4, SECTION 32(A), THE FOLLOWING INFORMATION IS PROVIDED: 1.0 Identification of every person, citizen, association of citizens, domestic corporation, municipality, or state that has or intends to obtain and will maintain any proprietary right necessary to construct, operate, or maintain the project includes: San Diego County Water Authority 3211 Fifth Avenue San Diego, CA 92103-5718 Kenneth A. Steele, ESP Project Manager (619) 682-4135 City of San Diego City Administration Building 202 C Street San Diego, CA 92101-3861 Susan Golding, Mayor Charles G. Abdelnour, City Clerk (619) 236-6330 Olivenhain Municipal Water District 1966 Olivenhain Road Encinitas, CA 92024 David McCollom, General Manager (619) 753-6466 2.0 Names and mailing addresses: 2.1 Counties in which any part of the Project, or any Federal facilities that would be used by the Project, would be located: County of San Diego 1600 Pacific Highway San Diego, CA 92101 Lari Sheehan, Deputy Chief Administrative Officer (619) 531-5700 2.2 Cities, town or similar local political subdivision within 15 miles of the Project dam and having a population of more than 5,000 or in which part of the project, or any Federal facilities that would be used by the Project, would be located: SANDIEGO\0-3068-ferc3.rev PagC 2 April 1997 Cities: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Ray Patchett, City Manager (619) 434-2820 Del Dios Town Council Mara Sanders, Chair 20292 12th Place Escondido, CA 92029 (619) 741-1953 City of Del Mar 1050 Camino Del Mar Del Mar, CA 92014 Lauraine Brekke-Esparza, City Manager (619) 755-9313 City of Escondido 201 North Broadway Escondido, CA 92025 Douglas Clark, City Manager (619) 741-4631 City of Oceanside 300 N. Hill Street Oceanside, CA 92054 Attn: City Manager (619) 966-4400 Olivenhain Community Planning Group Elaine Tiglio (619) 436-0322 City of Poway P.O. Box 789 Poway, CA 92064-0120 Jim Bowersox, City Manager (619) 748-6600 City of San Diego City Administration Building 202 C Street San Diego, CA 92101-3861 Susan Golding, Mayor SANDIEGO\0-3068-ferc3.rcv Page 3 April 1997 Barbara Warden, Council Member Representing District 5 Charles G. Abdelnour, City Clerk (619) 236-6330 City of San Marcos 105 W. Riuchmar Avenue San Marcos, CA 92069 Rick Gittings, City Manager (619) 744-4020 City of Solana Beach 380 Stevens Avenue, Suite 120 Solana Beach, CA 92075 Michael Huse, City Manager (619) 755-2998 City of Vista 600 Eucalyptus Avenue Vista, CA 92085 Morris Vance, City Manager (619) 726-1340 2.3 Irrigation districts, drainage districts or similar special purpose political subdivisions in which part of the Project, or any Federal facilities that would be used by the Project, would be located or that own, operate, maintain or use any Project facilities: City of San Diego City Administration Building 202 C Street San Diego, CA 92101-3861 Susan Golding, Mayor Charles G. Abdelnour, City Clerk (619) 236-6330 Olivenhain Municipal Water District 1966 Olivenhain Road Encinitas, CA 92024 David McCollom, General Manager (619) 753-6466 San Diego County Water Authority 3211 Fifth Avenue San Diego, CA 92103 Maureen Stapleton, General Manager (619) 682-4202 San Dieguito Water District 59 East "D" Street P.O. Box 231010 Encinitas, CA 92023 (619) 633-2841 SANDIEGO\0-3068-ferc3.rev Page 4 April 1997 Santa Fe Irrigation District 5920 Linea del Cielo P.O. Box 409 Rancho Santa Fe, CA 92067 Geoff Poole, General Manager (619) 756-2424 2.4 State and Federal Agencies that may be interested in, or affected by, the application are: California Department of Fish & Game 1350 Front Street, Room 2041 San Diego, CA 92103 (619) 525-4215 U.S. Army Corps of Engineers, L.A. District San Diego Field Office 10845 Rancho Bernardo Drive, Suite 210 San Diego, CA 92127 Dave Zoutendyk (619) 674-5384 U.S. Environmental Protection Agency Region IX, Wetland District 75 Hawthorne St., 11th Fl. San Francisco, CA 94105 (415) 744-1969 U.S. Fish & Wildlife Service Carlsbad Field Office 2730 Loker Avenue (West) Carlsbad, CA 92008 (619) 431-9440 U.S. Bureau of Land Management Resource Area Office 33 South Waterman Avenue El Centre, CA 92244 (619) 352-5842 2.5 Indian Tribes that may be affected by the Project are: San Pasqual Reservation P.O. Box 365 Valley Center, CA 92082 (619) 749-3200 m SANDIEGO\0-3068-ferc3.rev Page 5 April 1997 3.0 VERIFICATION BY: Kenneth A. Steele, ESP Project Manager San Diego County Water Authority 3211 Fifth Avenue San Diego, CA 92103-5718 Kenneth A. Steele, being duly sworn, deposes and says that the contents of this application for a Preliminary Permit for the Olivenhain/Lake Hodges Pumped-Storage Water Power Project are true to the best of his knowledge or belief. The undersigned applicant has signed the application this 24th day of April, 1997. KENNETH A. STEELE THIS APPLICATION IS EXECUTED IN THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO m m On April 24, 1997, before me, Kimberly Van Beenen, Notary Public, personally appeared Kenneth A. Steele, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. BEENEN/ L~ fKimberly Van Beenen » COfnm. #1073688 Q •AHY PUBLIC - CALIFORNIA" SAN DIEGO COUNTY U Comm. Exp. S«pt. 29.1999 f SANDIEOO\0-3068-ferc3.rev Page 6 April 1997 EXHIBIT 1 DESCRIPTION OF PROPOSED PROJECT EXHIBIT 2 STUDY PLAN EXHIBIT 3 STATEMENT OF COSTS AND FINANCING EXHIBIT 4 PROJECT MAPS SANDIEGO\0-3068-ferc3.rev Page?April 1997 EXHIBIT 1 DESCRIPTION OF PROPOSED PROJECT 1.0 BACKGROUND The San Diego County Water Authority (Authority) has held a preliminary permit for the proposed Olivenhain/Lake Hodges Pumped-Storage Water Power Project (the Project), Project No. 11460 000 CA between May 1, 1994 and April 30, 1997. The applicant has diligently pursued the engineering and environmental studies of the project, as described in Exhibit 2. However, for a variety of reasons including uncertainties associated with the electric power industry in California and delays in the development of the Emergency Storage Project's Olivenhain Dam (proposed as the upper reservoir), the applicant has not completed these studies in sufficient detail to allow the filing of a license application. Therefore, the applicant now seeks a second preliminary permit for the Project so that it may secure and maintain priority of application for a license under Part I of the Federal Power Act while completing the necessary studies. 2.0 PROJECT CONFIGURATION The proposed Olivenhain/Lake Hodges Pumped-Storage Water Power Project (the Project) may be comprised of one existing lower reservoir, one proposed upper reservoir, together with conveyance tunnels/shafts, penstocks, draft tubes, underground powerhouse/pumpstation, access facilities, and electric transmission lines. The Project location is shown on Figures 1 and 2 in Exhibit 4. The Project boundary and general plan are provided on Figure 3 in Exhibit 4. The Project profile and details on the proposed Olivenhain Dam, which is a key element of the proposed Olivenhain Water Storage Project, are provided on Figures 4, 5, 6, and 7 in Exhibit 4. An appraisal-level study of the Project evaluated two alternatives based on installed generating capacities of 250 MW and 500 MW. The Applicant proposes to study the full-range of potential generating capacities during the investigations. A final configuration will be selected based on studies performed during the term of the preliminary permit. 2.1 Normal and Emergency Water Supply Facilities The lower reservoir for the Project will be the existing Lake Hodges reservoir. Lake Hodges is located on the San Dieguito River and is owned by the City of San Diego. Constructed in 1918, the 130-foot high Lake Hodges Dam is a concrete, multiple-arch structure with a spillway consisting of ogee and broad-crested weir sections. The upper reservoir will be the proposed Olivenhain reservoir, which is being investigated by the Olivenhain Municipal Water District and the San Diego County Water Authority (Authority) for normal and emergency water storage. The Olivenhain dam may include a 320-foot high roller- compacted concrete (RCC) dam with a crest length of about 2,460 feet. A 25-foot wide spillway may be located in the approximate center of the dam and sized to accommodate the routed reservoir outflow from the probable maximum flood (PMF). The spillway may include an ogee- SANDIEGO\0-3068-ferc3.rcv Page 8 April 1997 shaped crest and a concrete-lined chute down the face of the dam. A flip-bucket energy dissipator may be located at the bottom of the spillway chute. Emergency water supply facilities may include a pipeline and pumping station to interconnect Lake Hodges with Olivenhain reservoir to enable conveyance of Lake Hodges water to Olivenhain for gravity flow into the Authority's water system. 2.2 Proposed Pumped-Storage Operating Facilities Water conveyance structures may include the upper reservoir inlet/outlet structure, a low-head tunnel about 1,250 feet in length, an 825-foot long vertical shaft, a 750-foot long high pressure tunnel, 200-foot long penstocks, an underground powerhouse, a 150-foot long draft-tube section, and 1,550 feet of low-head tunnel leading to the inlet/outlet structure at Lake Hodges. The configuration of the Project may change as further studies are performed in support of a license application. The tunnels would represent an enlargement of the pipeline conveyance system required for the emergency water supply system discussed in Section 1.0 above. Based on preliminary studies for the 250-MW development, the tunnel and shaft may be 20 feet hi diameter. A 100-foot long transition/manifold section may be provided between the high-head tunnel and the penstocks and between the draft tubes and downstream tunnel section. Two 12-foot diameter penstocks and two 15-foot diameter draft tubes may be provided for a two-unit powerhouse (each generating unit would be rated at 125 MW). The tunnel and shaft diameter for the 500-MW development may be 30 feet. Penstock and draft tube diameters may be 12 and 15 feet, respectively, for a four-unit powerhouse. The penstocks, draft tubes, and manifolds may be steel-lined tunnels. The high pressure tunnel sections probably would be lined with concrete. The low-head tunnels may be unlined depending on rock conditions. The powerhouse/pumpstation may be located in an underground chamber. Access to the powerhouse likely would be through a tunnel, which also would be used to bring electrical transmission lines from the underground powerhouse to the ground surface. The 250-MW installation may include two reversible 125-MW pump/turbine units with a rated head of 765 feet. The 500-MW installation may include four 125-MW units. The pump/turbine units would be set at an elevation about 100 feet below the normal minimum pool in Lake Hodges to avoid cavitation problems. 3.0 RESERVOIRS The Project would use two water supply reservoirs, designated as the upper and lower reservoirs. The lower reservoir for the Project would be the existing Lake Hodges reservoir, which is owned by the City of San Diego. The normal maximum pool elevation at Lake Hodges is 315 feet, corresponding to the spillway crest elevation. At this elevation, Lake Hodges has a surface area of approximately 1200 acres and a total storage capacity of 30,250 acre-feet (af). The historical SANDIEGO\0-3068-ferc3.rev Page 9 April 1997 water level in Lake Hodges has fluctuated widely because the reservoir can only be filled by natural runoff and the existing outlet capacity from this reservoir is very limited. Also, the City of San Diego has contracted with the San Dieguito Water District (SDWD) and the Santa Fe Irrigation District (SFID) to provide 20,000 af of water over a 10-year period for treatment at the Badger Filtration Plant. The storage at Lake Hodges utilized by the two districts is provided between reservoir elevations 275 (normal low pool) and 315 (spillway crest). For the Project, the normal pool in Lake Hodges may be maintained at about Elevation 306 with the reservoir surface fluctuating about two to four feet during pumped-storage operations. The upper reservoir for the Project would be the proposed Olivenhain reservoir located west of Lake Hodges. The Olivenhain site is located between Lake Hodges and the San Diego County Water Authority's Second Aqueduct located about three miles to the west. The normal maximum water surface in Olivenhain reservoir would be at elevation 1083 feet. At this elevation, Olivenhain would have a surface area of approximately 200 acres and a total storage capacity of 24,610 af, which would be used for municipal water supply, emergency water storage, and pumped-storage operations. 4.0 TRANSMISSION LINE AND INTERCONNECTION The Project may be interconnected to the existing transmission system by a new high voltage underground or overhead transmission line. A 230-kV overhead or underground transmission line would interconnect a substation located near the access tunnel with a substation at the nearest existing transmission corridor located approximately 3.3 miles to the west along Del Dios Road. 5.0 PROJECT CAPACITY The Applicant proposes to investigate the full range of development potential. Preliminary assessments have been based on installed capacities of 250 MW and 500 MW. Estimated average annual energy production for a 250-MW development is about 390 GWh, assuming an average head of 768 feet. Estimated average annual energy production for a 500-MW development is about 780 GWh, assuming an average head of 765 feet. Estimated energy production is based on 18 percent plant capacity factor, typical of peaking installations in Southern California. The 250-MW installation may include two reversible 125-MW pump/turbine units. The 500 MW installation may include four 125-MW units. The pump/turbine units would be set at an elevation about 100 feet below the normal minimum pool in Lake Hodges to avoid cavitation problems. The overall cycling efficiency (ratio of energy production to pumping energy required) was assumed to be 78 percent, which is representative of large reversible pump-turbine units. SANDIEGO\0-3068-ferc3.rcv Page 10 April 1997 6.0 PUBLIC LANDS The Project study boundary as shown on Figure 3, Exhibit 4, encloses both public and private lands. As part of the permitting being conducted for the proposed Olivenhain Water Storage Project, all lands previously owned by the United States Bureau of Land Management (BLM) within the project boundary in the vicinity of the Olivenhain Reservoir have been transferred to Olivenhain Municipal Water District ownership. No portion of the land within or in the vicinity of the Project study boundary is included hi or has been designated for study for inclusion in the National Wild and Scenic Rivers System. No portion of the land within the Project boundary is designated as wilderness area, recommended for designation as wilderness area or is designated as wilderness study area under the provisions of the Wilderness Act. 7.0 OTHER INFORMATION The normal and emergency water supply project may provide up to 24,000 af of additional active surface water storage in the Olivenhain reservoir. Uses may include municipal water supply, emergency water storage, as well as potential pumped-storage operations. At Lake Hodges, the storage space available between elevation 275 and elevation 315 is used for storing wet season runoff. Flow records maintained by the City of San Diego indicate that during the period from 1977 to 1993, an average of 41,800 af per year was spilled at Lake Hodges Dam. Spills occurred in nine years during the 17-year period. Water that is spilled at Lake Hodges currently cannot be diverted for beneficial use at a downstream location. The project could provide opportunities to reduce the amount of potential spillage at Lake Hodges by drawdown prior to the winter wet season. Drawdown or "skimming" of flood flows at Lake Hodges could be pumped to the Olivenhain reservoir, which would have already been drawn down for the whiter. Water quality in Lake Hodges has historically been of concern, due to widely fluctuating reservoir levels, agricultural runoff and its resultant nutrient loadings, and aquatic weed and algal blooms. The project could provide potential water quality enhancements in Lake Hodges by maintaining a higher reservoir pool and recirculating water from the Second Aqueduct during project operations. Maintaining a larger permanent pool in Lake Hodges could also improve an existing recreational and sport-fishing amenity in the San Diego area. SANDIEGO\0-3068-ferc3.rev Page 11 April 1997 EXHIBIT 2 STUDY PLAN 1.0 GENERAL The proposed study plan outlines the studies conducted or to be conducted, including field studies, with respect to the Project. The studies described are intended to meet the requirements of the application for a license for the Project, and will be conducted in accordance with appropriate County, State and Federal agency requirements, and in conformance with FERC requirements for agency consultation. It is the intent of the applicant to review any existing and available studies that may provide information related to the Project. It should be noted that Lake Hodges and the proposed Olivenhain reservoir are included in the San Diego County Water Authority's Emergency Storage Project. Many of the engineering, environmental, and economic studies that are being, or have been, performed as part of the Emergency Storage Project will also be applicable to the study plan for this application. 1.1 Proposed Studies, Investigations, Tests and Surveys This section outlines the proposed studies, investigations, tests and surveys proposed for the purpose of determining the technical, economic, and financial feasibility of the Project. The proposed studies include engineering, environmental, and economic/financial studies. 1.1.1 Engineering Studies Engineering studies would be conducted to gather geological, geotechnical, hydraulic and hydrological information regarding the site and existing reservoir operations. All information gathered would be used in optimizing the Project configuration, modeling project operations, estimating construction costs and developing a Project implementation schedule. Proposed engineering studies includes: • Perform aerial photography and site mapping as required to develop the necessary horizontal and vertical control and establish topographic base maps. • Conduct geological reconnaissance and mapping, subsurface investigations using geophysical surveys, core drilling and test pits, borrow area investigations, geological hazards analysis, seismotectonic studies, ground-water and seepage studies, and geological construction considerations. • Perform reservoir operation studies, flood studies, and water supply studies. • Establish geotechnical design criteria for structures located on the surface and underground, including engineering properties of soils and rock, foundation bearing SANDIEGO\0-3068-ferc3.rcv Page 12 April 1997 capacities, static and seismic loadings, liquefaction potential, and underground excavation support. • Prepare conceptual designs and layouts for dams, spillways, inlet/outlet facilities, tunnels, shafts, powerhouse, pumping/generating equipment, access roads, substations, power transmission lines, and recreational facilities. • Prepare engineering cost estimates, including estimated quantities and unit prices, estimated costs for major equipment items, estimated costs for specialized construction activities, estimated costs for land acquisition and permitting, and estimated annual costs for project operation and maintenance. 1.1.2 Environmental Studies Environmental studies related to pumped-storage operations would be conducted to complement available data and to comply with the requirements of Exhibit E of the application for a license for the Project. The ongoing permitting activities, including extensive environmental studies, for the Authority's Emergency Storage Project and the Olivenhain Water Storage Project, will be used as a platform to investigate the incremental impacts of integrating potential pumped-storage opportunities into the overall project configuration. The studies would be conducted to: evaluate potential impacts on water use, water quality, plants, fish and wildlife; evaluate historic and archaeologic resources; access socio-economic factors; evaluate geologic and soil resources; evaluate recreational and aesthetic resources; and analyze land use. Proposed environmental studies include: • Develop regional maps showing the Project location and setting, land descriptions and proximity to highways, railway lines, reservoirs, lakes, rivers, parks, forests, farming areas, communities, and major commercial centers. • Study climatic and hydrologic characteristics, streamflows, ground-water conditions, water-use patterns, existing water rights, water quality issues, and recommended mitigation measures for potential impacts. • Study potential impacts to plants, fish, and wildlife and document plant communities, families, and species. Inventory wildlife habitat and populations and identify Federal and State listed threatened or endangered species in the project area. Identify fish habitat, estimate fish populations, and identify potential impacts to game and non- game fish species. Make recommendations regarding mitigation measures and reclamation procedures. • Identify historic or cultural resources and inventory archaeological sites in the Project area. Make recommendations for protection or mitigation of historic, archaeological and cultural resources. SANDlEGO\0-3068-ferc3.rev PzgQ 13 April 1997 • Perform socio-economic studies to identify impacts to local residents and nearby communities. Establish a demographic data base including population, employment, per capita income, housing, schools, community services, traffic patterns, local government jurisdiction, and budgets. Evaluate impacts to land ownership, public access, public services, property values, and tax revenues. • Study geologic and soil conditions and characterize the physical and engineering properties of the soils and rock. Prepare a geologic history and geologic map identifying major physiographic units, rock types, locations of active faults, shear zones and landslides. Prepare a preliminary erosion and sediment control plan for disturbed soils in excavations and spoil disposal areas. • Document existing recreational uses and identify potential future recreation opportunities. Document potential impacts and benefits to recreational uses from the proposed Project. • Perform studies to identify visual impacts of the Project on scenic quality and sensitive viewpoints. Make recommendations for mitigation measures to minimize visual impacts. • Perform land use studies to identify existing designated land uses including residences, commercial and industrial facilities, recreation areas, utility and transportation facilities, agricultural, range, preservation areas, and timberlands. Determine land ownership and review land management plans. Prepare a map showing land jurisdiction, existing and future land uses, and any special management areas. Identify potential impacts to existing land uses and recommend mitigation measures. 1.1.3 Economic and Financial Studies Power market studies would be performed to assess future power market conditions, establish Project financing requirements, evaluate potential Project revenues, and allow a comparison of alternative power generation technologies. Proposed power market studies include the following: • Evaluate Southern California's current power market and establish current and future peaking capacity needs in the Project area • Estimate costs for producing on-peak energy and the potential for revenues based on prevailing power rates for on-peak and off-peak energy • Evaluate alternative sources of power generation for comparison purposes Results of the power market studies, pumped-storage operations studies, and cost estimates will be used to evaluate the economic and financial performance of the project and to demonstrate project justification. SANDIEGO\0-3068-ferc3.rev Page 14 April 1997 1.2 New Roads The applicant anticipates that no new roads will be required to complete the engineering and environmental studies. Field studies will be performed from existing access in a manner such that ground disturbance is minimized. 2.0 WORK PLAN FOR NEW DAM CONSTRUCTION 2.1 Normal and Emergency Water Supply Facilities The Authority's Emergency Storage Project includes construction of the Olivenhain RCC dam. The lands in the Olivenhain Water Storage Project area are located in a high valley with steep valley walls and a single ephemeral stream on the valley floor. During the course of environmental studies conducted for the Olivenhain Water Storage Project, some wetlands were identified along the creek channel near the dam site. The area is accessible via existing roads and four-wheel drive trails. Field investigations for the Olivenhain reservoir site have included detailed geologic mapping and hand sampling, non-destructive geophysical surveys, test pits, and borings. The primary locations of the test pits and borings were along the proposed dam axis and abutments. The schedule for the completion of all field work and studies, and the license application is shown on the following bar chart. 2.2 Proposed Pumped-Storage Operating Facilities In addition to the studies performed for the water supply facilities noted in Section 2.1, the Applicant proposes to undertake the following investigations for the incremental addition of pumped-storage operations between the water supply reservoirs. The Applicant will study a higher capacity electrical transmission system, expanded hydraulic conveyance facilities, including larger inlet/outlet structures, and facilities to enable bi-directional (pumping/generating) flows between the two reservoirs. Given the fact that Olivenhain's normal and the Authority's emergency water storage needs exceed 90,000 af and potential storage requirements for pumped-storage are only about 4,500 acre-feet, the Applicant will investigate a range of alternatives that may include leasing 4,500 acre-feet of storage in Lake Hodges or potentially providing a small increase in the storage capacity in Olivenhain reservoir. SANDIEGO\0-3068-ferc3.rev Page 15 April 1997 I I I I I 1 I i t J I i ! 1 I I K i I I i t I I I I I 1 I I I I II I I OLIVENHAIN/LAKE HODGES PUMPED-STORAGE PROJECT WORK SCHEDULE FOR FERC LICENSING ACTIVITIES TASK FILE PERMIT APPLICATION FERC REVIEW RECEIVE PRELIMINARY PERMIT FINALIZE ESP CONFIGURATION FEASIBILITY INVESTIGATIONS STUDY PLANS ENGINEERING STUDIES CM\/ID/"\MIV/ICMT A 1 CTI IPtlCCtIN V InUNMtiN 1 AL o 1 UUIto ECONOMIC/FINANCIAL STUDIES DRAFT LICENSE APPLICATION AGENCY/FERC REVIEW REVISIONS TO APPLICATION SUBMIT APPLICATION 1997 01 02 A •• Q3 mm A •• Q4 mmm 1998 Q1 mmm Q2 mm mt Q3 • Q4 1999 01 Q2 • Q3 mmm Q4 mi mm 2000 Q1 mm mm Q2 •• •• Q3 mm A Q4 SAN DIEGO COUNTY WATER AUTHORITY GEI Consultants, Inc. 4/23/97 0-3068.XLS 3.0 WAIVER As indicated in Subpart I (Application for Preliminary Permit) Section 4.81 Paragraph (c)(3) of 18CFR, the Commission "... may waive the requirements of Paragraph (c)(2) pursuant to 385.207 of this Chapter, upon showing by the applicant that the field studies, tests, and other activities to be conducted under this permit would not adversely affect cultural resources or endangered species and would cause only minor alterations or disturbances of lands and waters, and that any land altered or disturbed would be adequately restored." The studies, as proposed, meet these requirements, and therefore, a waiver is requested. SANDIEGO\0-3068-ferc3.rev Page 17 Apri| |997 EXHIBIT 3 STATEMENT OF COSTS AND FINANCING 1.0 ESTIMA TED COSTS The estimated cost of carrying out or preparing the studies, investigations, tests, surveys, maps, plans or specifications identified in Exhibit 2 is $2,000,000. 2.0 FINANCING Funding to carry out or prepare the studies, investigations, tests, surveys, maps, plans or specifications identified in Exhibit 2 will be provided by the applicant's own resources. 3.0 PROPOSED MARKET FOR POWER GENERATION The applicant proposes to sell Project power to an electric utility company. The utilities in the Project area include San Diego Gas & Electric (SDG&E) and Southern California Edison (SCE). The California Energy Commission (CEC) 1994 Electricity Report has projected the following future capacity needs: 1998 2013 SDG&E 3,460 MW 4,841 MW SCE 19,732 MW 25,593 MW Also, the generating capacity of the Southern California Control Area within the Western Systems Co-ordinating Council (WSCC) is over 30,000 MW, with a projected capacity need of 5,000 MW by the year 2000. It is clear that major future generation expansion needs are forecast for the area and the proposed Olivenhain/Lake Hodges Pumped-Storage Water Power Project can help to meet future capacity needs. SANDIEGO\0-3068-ferc3.rev Page 18 April 1997 EXHIBIT 4 PROJECT MAPS Figure 1 General Location Map Figure 2 Regional Base Map - Water Facilities Figure 3 Project Location and Boundary Map Figure 4 Project Layout Figure 5 Plan View - Olivenhain Dam Figure 6 Profile - Olivenhain Dam Figure 7 Typical Maximum Section Olivenhain RCC Dam SANDIEGO\0-3068-ferc3.rev Page 19 April 1997 OREGON II«s. O I (NOT TO SCALE) CALIFORNIA Pacific Ocean PROJECT- LOCATION JO §SAN DIEGO COUNTY WATER AUTHORITY GEI Consultants, Inc. OLIVENHAIN / LAKE HODGES PUMPED-STORAGE PROJECT PROJECT NO. 92283 GENERAL LOCATION MAP JAN. 1994 FIGURE RIVERSIDE COUNTYSECOND AQUEDUCT <•- FIRST AQUEDUCT SAN DIEGO COUNTY MOOSA N & S RESERVOIRS — OCEANSIDE GUEJITO RESERVOIR LAKE HENSHAW,„ CITY OF ESCONDIDO; '" LAKE WOHLFORD PAMO RESERVOIRVENHAIN STORAGE --f- JECT ---' --, OUVENHAIN M.W.D. SAN VICENTE RESERVOIRESP RESERVOIR SITE ESP GROUNDWATER BASIN AUTHORITY AQUEDUQS MIRAMAR RESERVOIR PADRE DAM M.W.D. SANIEF/ EL MONTE SWEETWATER RES. ^ . ""fc UPPER OTAY jNAtXICIO SAN DIEGO COUNTY WATER AUTHORITY REGIONAL BASE MAP WATER FACILITIESEMERGENCY STORAGE PROJECT C~!L£I Consultants.Inc FEBRUARY 1994 FIGURE 2 vlrflJ'i^J^f^P^S^ i^Nf^^hfcliJM^^fe^^ \V.I\\^'%*i»^"^^<^-v<1^7^t^i^^"-'>) '-t^4^^lillv^V'/?/CiTts~:.UNDERGROUND HOUSEPROJECT STUDY BOUNDARY £.? *''^^S?M ^INTAKE/ tcm & EXISTING LAKE HODGES SAN DIEGO COUNTY WATER AUTHORITY PROJECT LOCATION AND BOUNDARY MAPOLIVENHAIN / LAKE HODGES PUMPED-STORAGE PROJECT GEI Consultants, Inc. PROJECT STUDY BOUNDARY ""'- :'":^- • 'r1" ...•'•••' ^Sjlfffr f -0f^\. /••^'f^r PROJECT STUDY •:,o-,^--^.r''" ' • ^A^-....*-*^..// ^r-^^r»>>T» ( ^iMif^-^^^jicT>TUDV&*^':f?S! ;'.''/•,','. J/W'x -\-:~^^:~ ^_ •-•••*""-—• — • ~- • [f ./.:, ,M_,-Tr-i;.;/.. //V--—-?' i\\ \'--W^fA. f\^BOUNDARY § ^^fh\^ '^^ A,\ vU;^^^;^-^^^^^^^^^ ^((L^^f-f/ f) . .-•• J I \\ <'-.--^T;i(;tX.'f^~^i^ '•!\•*" '—^^ ' « . -^'.- SAN DIEGO COUNTY WATER AUTHORITY PROJECT LOCATION AND BOUNDARY MAP OLIVENHAIN / LAKE HODGES PUMPED-STORAGE PROJECT 1 GEI Consultants, Inc. 1700,- q > d 1200 UJUJ 700 1 Ld_1Ul 200" PROPOSED OLIVENHAIN RESERVOIR EL 1083' SURGE CHAMBER <l VERTICAL SHAFT L = 825* DIA. = 30'POWERHOUSE 4 UNITS @ 125 MW Q = 8580 CFS APPROXIMATE GROUND SURFACE <tL UNITS, EL. 210 L = 750' DIA. = 30' INCLUDES 100' TRANSITION AND PENSTOCK MANIFOLD GENERATING -—DRAFT TUBES (4 REQ'D)- L = 150'; DIA = 15' L = 1550' DIA. = 30' INCLUDES 100' TRANSITION AND DRAFT TUBE MANIFOLD PENSTOCKS (4 REQ'D)- L = 200'. DIA. = 12' EXISTING LAKE HODGES EL 306' INTAKE/OUTLET^ 1700 q > d 1200 Ld 700 o IaLU 200 BEST ORIGINAL GENERAL PROFILE ni IVENHAIN - LAKE HODGES 250 500 1000 1500 SCALE IN FEET SAN DIEGO COUNTY WATER AUTHORITY GEI Consultants, Inc. OLIVENHAIN / LAKE HODGES PUMPED-STORAGE PROJECT PROJECT LAYOUT JANUARY 1994[ FIGURE 4 I I I I I I I D I C I I I I I I /// / /*' J , BEST ORIGINAL OUTLET WORKS CONTROL HOUSE. 30 CREST (TYP.) /INTAKE TOWER SPILLWAY CREST EL. 1085 SJREAMvflELEASE-:/VALVES DAM CREST EL. 1090 ..NORMAL; WATER LINE, EL. ...1083 FLIP .BUCKENERGY DISSIPATOR / ,-""" /// S / /; / /:/<? / ,/ / s PLAN SAN DIEGO COUNTY WATER AUTHORITY PLAN VIEW OLIVENHAIN DAMEMERGENCY STORAGE PROJECT IANUARY 1994 FIGURE'-. GEI Consultants. Inc 1200 r 1100 § 1000 q z I "P*UJHJ 900 Oi UJ GJ 800 700 600 L- -i 1200 25' SPILLWAY CREST EL 1085 DAM DRAIN HOLES SPACED 10' O.C., DEPTH = 150' LIMIT OF EXCAVATION DEPTH = 20' - 50' 560' CALLER^ DAM CREST EL. 1090 III! DAM DRAIN HOLES SPACED 10' O.C.. DEPTH = 250' EXISTING GROUND SURFACE 2' LEVELING CONCRETE AT ABUTMENT CONTACTS (TYP.) -BOTTOM OF "FOUNDATION DRAIN HOLES 10' O.C.. DEPTH = 20' - 165' BOTTOM OF CURTAIN GROUT HOLES (2 ROWS) 10' O.C., DEPTH = 20' - 125' BOTTOM OF CURTAIN GROUT HOLES (2 ROWS) 10' O.C., DEPTH = 110' - 195' 5''LEVELING CONCRETE'A.T MAXIMUM SECTION TUNNEL -10' DIA. DRAINAGE TUNNEL (TYP.) •BOTTOM OF CONSOLIDATION GROUT HOLES (2 ROWS) 10' O.C.. DEPTH = 40' BOTTOM OF CURTAIN GROUT HOLES (2 ROWS) 10' O.C., DEPTH = 85' - 175' BOTTOM OF FOUNDATION DRAIN HOLES 10' O.C., DEPTH = 65' - 190' BOTTOM OF FOUNDATION DRAIN HOLES 10' O.C., DEPTH = 20' - 190' BOTTOM OF CURTAIN GROUT HOLES (2 ROWS) 10' O.C., DEPTH = 50' - 175' 1100 1000 g q z l 900 800 u_ oi— ^UJ_lUJ 700 600 CSe rv 555 § 3. S PROFILE OLIVENHAIN MAIN DAM 100 200 400 600 SCALE IN FEET (HORIZONTAL) NOTES 1. SPILLWAY AND OUTLET WORKS DETAILS ARE NOT SHOWN ON THIS PROFILE. 2. THE HORIZONTAL AND VERTICAL SCALES ARE DIFFERENT. THE PROFILE IS EXAGGERATED IN THE VERTICAL DIRECTION TO ILLUSTRATE DESIGN DETAILS. 50 100 200 SCALE IN FEET (VERTICAL) SAN DIEGO COUNTY WATER AUTHORITY GEI Consultants, Inc. 300 EMERGENCY STORAGE PROJECT PROFILE OLIVENHAIN DAM JANUARY 199 4JFIGURE 6 I I I I I I I n rr'i i, i; rL c i i i i D I I DAM AXIS 1100 r- DAM HOLES -2.0' LEVELING CONCRETE 1050 1000 Q 950> q z I Li 900 LU O P 850 800 750 700 5' UPSTREAM FACING ELEMENT CONCRETE fl CREST EL 1090 N.W.S. EL 1080 SEE DETAIL A 10' HIGH x 8 WIDE GALLERY ACCESS ~ADiT 5 LEVELING CONCRETE 3" DIA. FOUNDATION DRAIN HOLES FACING ELEMENT CONCRETE 30'12" (TYP.) 5'— 1" BEDDING MIX CONCRETE -RCC DETAIL A (NOT TO SCALE) s EXISTING GROUND SURFACE EL 770 UMIT OF EXCAVATION 2 ROWS OF CURTAIN GROUT HOLES •2 ROWS OF CONSOLIDATION GROUT HOLES NOTES: 1. LEVELING CONCRETE IS 5* THICK AT MAXIMUM SECTION AND 2' THICK ALONG ABUTMENT CONTACTS. MAXIMUM SECTION OLIVENHAIN MAIN DAM 25 50 100 150 SCALE IN FEET SAN DIEGO COUNTY WATER AUTHORITY m&- GEI Consultants, Inc. EMERGENCY STORAGE PROJECT TYPICAL MAXIMUM SECTION OLIVENHAIN RCC DAM JANUARY 1994J FIGURE rL ATTACHMENTl LEGAL AUTHORITY OF APPLICANT AS A MUNICIPALITY m m m m CHAPTER 45. COUNTY WATER AUTHORITY ACT An Act to provide for the organisation, incorporation and government of county ^ water authorities, authorising and empowering such authorities to acquire water ana water rights, and to acquire, construct, operate and manage works and property, to incur bonded indebtedness therefor, to provide for the taxation of property therein, "*' and the performance of certain functions relating thereto bv officers of county within which any such authority may be located, to provide fur addition of areas thereto, and J the exclusion of areas therefrom. (StatsJ94S, c. 543, p. S090.) "S Cross References ai Appropriation of water, see Water Code 5 1200 et seq.California water districts, see Water Code 5 34000 et seq.Constitutional provisions relating to water and water rights, aee Const, art. 14. i 1 et **| County'water districts, see Water Code 5 30000 et seq.District securities commission Jaw. see Water Code J 20000 et seq.j Policy of state relating to water, see Water Code } 100 et «eq.tfb §45-1. Title of act *^ Section 1. This net shall be known as the County Water Authority Act (Stats. j 1043, C. 545, p. 2090, § 1.) § 45-2. Public agencies "^ Sec. 2. The term "public agencies," wherever appearing In this act, shall be ^ deemed to mean and include any municipal corporation of the State of California, whether organized under a freeholders' charter or under the provisions of general law, any municipal water district, any municipal utility district, any public utility m district, any county water district, any irrigation district, organized under the laws of the State of California, or any other public corporation or agency of the State of g| California of similar character, with power to acquire and distribute water. (Stats.1043, c. 545, p. 2000, { 2.) ^ Library References I)) Statutes e=179. C.J.S. Statutes 5 313. § 45-3. Incorporation; Incorporators; exercise of powers <K Sec. 3. County water authorities may be organized and incorporated hcrcumlcr by two or more public agencies in any county, which public agencies need not be qp contiguous, and when so incorporated, such authorities shall exercise the powers herein expressly granted, together with such implied powers as are necessary to ^ carry out the objects and purposes of sucli authorities. Kach such authority when so organized, shall be a separate and independent political corporate entity. (Stats. 1043, c. 545, p. 2001, 5 3.) Library References ^ Waters and Water Courses^=>183'i. C.J.S. Waters 3 243. % 45-4. Organization and corporation procedure *" Sec. 4. The procedure for organizing and incnr|«?ratiiig a county water authority under the provisions of this act is as follows: „•, (1) Resolutions; petition. Resolutions shall first be passed by the legislative bodies of the public agencies designated to he Inrurixirnteil in the proposed nuthori- ^ ty, declaring that in their opinion public interest or necessity demands the creation ~ and maintenance of a county water authority to be known as the "(giving the name) County Water Authority." Said resolution.' shall contain a statement of the *™ names of such public agencies as are intended to bo incorporated in said authority. Certified copies of said resolutions shall be presented to the board of supervisors of •I the county within which said public agencies are located, requesting said board to call an election without delay for determining' whether such authority shall be mf created. If for any reason the legislative body of any public agency designated as intended _j to be incorporated fails or refuses to adopt the resolution above referred to, then ™ Instead of said resolutions, a petition may be presented to the board .of supervisors of said county on behalf of said public agency signed by qualified electors within w the boundaries of any such public nzcnc.v. in minilx?r to at least 10 per cent of the total vote east at the last general State election- within the territory of said public •I agency. Said petition shall contain substantinlly the same declarations and state- ments required to lie contained in the resolutions hereinbefore mentioned. Such pc- tition mar be on separate papers but each paper shall contain the affidavit of the party who circulated it, certifying that each name signed thereto is the true signa- ture of the person whose name it purports to be. The clerk of the board of super- visors of said county shall compare the signatures with the affidavits of registra- tion and certify to the board of supervisors the sufficiency or insufficiency of said petition. If found and certified by said clerk as being sufficient such petition shall have all the force and effect of a resolution adopted by the legislative body of said public agency. (2) Election; call. Upon the receipt of the resolutions and petitions hereinbefore mentioned, said board of supervisors shall call an election within the territorial boundaries of the public agencies who have adopted such resolutions or on whose behalf a proper petition has been presented, for the purpose of determining whether the proposed county water authority shall be created and established. (3) Election procedure — notice of elections. The board of supervisors of said coun- ty shall give notice of said election by publishing the same once a week for at least three weeks before the date of said election in a newspaper of general circulation, published within the proposed authority. In case no newspaper of general circula- tion is published within said proposed authority, said notice shall be posted for at least three weeks in not less than three public places within said proposed authori- ty. Said notice shall state, among other things, the name of the proposed authority and set forth the public agencies proposed to be included therein. Ballot. The ballot for said election shall contain such instructions as are re- quired by law to be printed thereon, and in addition thereto there shall appear the follo\ving: Shall the "(giving the name there- of) County Water Authority" be cre- ated and established ? Yea No Conduct of election. Said election and all matters pertaining thereto, not other- wise provided for herein, shall be held and conducted, and the results thereof ascer- tained, determined and declared in accordance with the general election laws of the State, ns nearly as may be, and no person shall lie entitled to rote at said election unless he or she be a qualified elector of one of the public agencies proposed to be incorporated in the proposed authority. Said election may be held on the same day as any other State, county or city election, and may be consolidated therewith. Canvass; order of establishment. The board of supervisors shall meet on Men- day next succeeding the day of said election and canvass the votes cast thereat. They shall canvass the returns of each public agency separately and shall order ami declare said authority created and established consisting of the public agencies in which a majority of those who voted on the proposition voted in favor of the creation of said authority ; provided, however, that the total number of electors in such approving public agencies be not less than two-thirds the number of the clec- tors within the authority as first proposed, according to the register of voters used at said election. Completion of establishment. The board of supervisors shall cause a certified copy of said order declaring the result of said election to be filed in the office of the Secretary of State, and with the legislative body of each of the public agencies in which said election was held. From and after the filing of said order in the of- fice of the Secretary of State the establishment of said county water authority shall be doeinod complete. Cost of election. The board of supervisors calling the election shall make all pro- vision for the holding thereof throughout the entire authority as proposed, and the cost thereof shall be a proper charge against the county. In case a special election is held exclusively on the proposition of organizing such an authority, the expcndi- turc therefor shall be reimbursed to the county by means of a special tax on all of the taxable property within the public agencies which was proposed to l>o included in the authority, which tax shall IK added to the next county tax bills by the prop- er officers of the county. Insubstantial Irregularities. No Informality in any proceeding or in the conduct of said election not substantially affecting adversely the legal rights of any citizen, shall be held to invalidate the incorporation of any county water authority, and any proceedings attacking the validity of said incorporation, shall be commenced within three months from the date of filing the aforesaid order with the Secretary of State, otherwise such incorporation and the legal existence of said county water au- thority shall be held to be valid and in every respect legal and incontestable. <Stats".1043, c. 54o. p. 2091, § 4.) Cross References Newspaper of peneral circulation, see Government Code 5 6000.Qualified voters, see Election* Code | 70 et seq. Qualifications of voters, see Elections Code $ 2000 et ' **!• % Library References Waters and Water Courses O1S3U. C.J.S. Waters ! 243. -1 •*• $ 45-5. Powers •^ Sec. 5. An authority • » • may do all of the foDowing: j (1) * * * Have perpetual succession. (2) * * * Sue and be sued in all actions and proceedings and in all courts and tribunals of competent jurisdiction. (3) • * * Adopt a corporate seal and alter it at pleasure. •ir <(4) • • • Acquire by grant, purchase, bequest, devise or lease,' and * * * hold, enjoy, lease, or sell or otherwise dispose, of, any • * * real and personal property of any kind within or without the authority "* and within and without the state necessary or convenient to the full exercise of its powers; • • • acquire, j construct or operate, control, and use any • • • works, facilities, and means necessary or convenient to the exercise of its powers, both within and without the authority, and within and without the state, and * * • perform * * * all things necessary or convenient to the full exercise of the powers granted in this ** act. (5) • • * Exercise the power of eminent domain to take any property necessary to the exercise of the <4J powers granted in this act. (6) '* • • Construct and maintain works and establish and maintain facilities across or along any public ** street or highway and in, upon, or over any vacant public lands which are now, or may become, the property of the State of California; provided that the authority shall promptly restore the street or •* - highway to its former state of usefulness as nearly as may be, and shall not use the same in such a manner as to completely or unnecessarily impair its usefulness • * •. The grant of the right to use the •^ vacant state lands shall be effective upon the filing by the authority, with the Division of State Lands, of an application showing the boundaries, extent, and locations of the lands, rights-of-way, or easements _l desired for those purposes. If the land, rights-of-way, or easement for which application is made is for the construction of any aqueduct, ditch, pipeline, conduit, tunnel, or other works for the conveyance of water, or for roads, or for poles, or towers and wires for the conveyance of electrical energy or for * * * ** telecommunication, no compensation shall be charged the authority * * *, unless, in the opinion of the Chief of the Division of State Lands the construction of the works will render the remainder of the legal *• subdivision through which the works are to be constructed valueless or unsalable, in which event the authority shall pay for the lands to be taken and for that portion of any legal subdivision which, in the ^j, opinion of the Chief of the Division of State Lands, are rendered valueless or unsalable. If the lands for which application is made are for purposes other than the construction of roads or for works for the mm conveyance of water, or electricity, at • * • telecommunication, the authority shall pay to the state for the lands at the reasonable rate determined by the Division of State Lands. Upon filing the application, accompanied by map or plat showing the location or proposed location of the works or facilities, the fee— title to so much of those state lands as shall be found by the Chief of the Division of State Lands to be necessary or convenient to enable the authority to construct or maintain its works or to establish or *H maintain- its facilities, shall be conveyed to the authority by patent executed by the Governor of the State of California, attested by the Secretary of State with the Great Seal of the state affixed, and •H countersigned by the Registrar of State Lands; if only an easement or right-of-way • • • over the lands is sought by the authority, that easement or right-of-way shall be evidenced by permit or grant executed ^ by the Chief of the Division of State Lands. The Chief of the Division of State Lands may reserve in the patents, grants, or permits, easements and rights-of-way across any lands therein described for the construction of streets, roads, and highways. Before the patent, grant, or permit shall be executed any ** compensation due to the state under this section shall be paid. If the duties or titles of any of the officers mentioned are changed by lawful authority, the functions required to be performed shall be performed by 4V . the appropriate officer or officers of the State of California. No fee shall be exacted from the authority for any patent, permit, or grant so issued or for any service rendered * * • pursuant to this act In the m, use of streets or highways, the authority shall be subject to the reasonable rules and regulations of the ,,,._, governmental agency in charge thereof, concerning excavations and the refilling of excavations, and the Jt relaying of pavements and the protection of the public during periods of construction; provided that the authority shall not be required to pay any license or permit fees or file any bonds. The authority may be required to pay reasonable inspection fees. (7) * * * Borrow money and incur indebtedness and • • • issue bonds or other evidence of that indebtedness" provided, however, that no authority shall incur indebtedness which, in the aggregate, exceeds 15 percent of the taxable property of the authority as shown by the last equalized assessment roll of the county in which the authority is located. (8) • * * Impose and collect taxes for the purpose of carrying on the operations and paving the obligations of the authority; provided, however, that the taxes • • • imposed pursuant to this section exclusive of any tax imposed to meet the bonded indebtedness of the authority and the interest thereon and exclusive of any tax imposed to meet any obligation to the United States of America or to any board, department, or agency thereof, shall not exceed five cents ($0.05) on each • • • one hundred dollars ($100) of assessed valuation. (9) • * • Enter into contracts, employ and retain personal services, and employ laborers; • • • create, establish, and maintain such nf&** and positions as shall be necessary and convenient for the « transaction of the business of the authority, and * * * elect, appoint, and employ * * * officers, attorneys, agents, and employees • • * the board of directors finds to be necessary and convenient for 4 the transaction of the business of the authority. (10) ' * * Join with one or more other public corporations for the purpose of carrying out any of its ""» powers, and for that purpose to contract with the other public corporation or corporations for the purpose of financing the acquisitions, constructions, and operations. The contracts may provide for contributions ••* to be made by each party * * * and for the division and apportionment of the expenses of the acquisitions and operations, and the division and apportionment of the consequent benefits, • • * ^ services, and products • • •. The contracts may contain • • • other and further covenants and agreements as * * * necessary and convenient to accomplish those purposes • • *. The term "public ,j corporation" as used in this subdivision includes the United States or any public agency thereof or this or any other state or any political district, subdivision, or public agency thereof. (11) * * * Acquire water and water rights within or without the state; • • • develop, store, and ™* transport that water; • • • provide, sell, and deliver water for beneficial uses and purposes; and *• * * * provide, sell, and deliver water of the authority not needed or required for beneficial purposes by any public agency, the corporate area of which is included in the authority, to areas outside the boundaries of the authority; provided, that the supplying of that water shall, in every case, be subject to the paramount «"* right of the authority to discontinue • • « those activities, in whole or in part, • • • by resolution adopted by the board of directors. The board of directors, as far as practicable, shall provide each of its «t* member agencies with adequate supplies of water to meet their expanding and increasing needs. If available supplies become inadequate to fully meet the needs of its member agencies, the board shall _ adopt reasonable rules, regulations, and restrictions so that the available supplies are allocated among its member agencies for the greatest public interest and benefit 0 (12) * • • Acquire, store, treat, reclaim, repurify. reuse, distribute, and sell sewage • • • water, wastewater, and seawater for beneficial uses and purposes. "Repurify" means, for the purpose of this paragraph, to treat reclaimed water sufficiently so that the water may be discharged into a reservoir that supplies water to the treatment facility for a domestic water system. iH _ (13) * * * Fix, revise, and collect rates or other charges for the delivery of water, use of any facilities or property, or provision of services. In fixing rates the board may establish reasonable classifications among different classes and conditions of service, but rates shall be the same for similar classes and conditions of service. H| (14) * * * Cooperate and contract .with the United States under the Federal Reclamation Act of June 17, 1902, and all * * * amendatory * * * or supplementary acts, or any other act of Congress * • • enacted authorizing or permitting that cooperation, for the purposes of construction of works, necessary or proper for carrying out the purposes of the authority, or for the acquisition, purchase, extension, mm operation or maintenance of constructed works, or for a water supply, or for the assumption as principal or guarantor of indebtedness to the United States; * * * and borrow or procure money from the United States, or any agency thereof for the purpose of financing any of the operations of the authority. (15) To change the name of the authority from that designated pursuant to Section 4. m (Amended by Stats.1968, c. 424, p. 876, § 1; Stats.1975, c. 586, p. 1257, § -1; Stats.1978, c. 363, p. 1066, § 1; Stats.1981, c. 456, p. 1708, § 1; Stats.1989, c. 32, § 1, eff. May 31, 1989; Stats.1995, c. 73 (S.B.1173), .. § U Law Revision Commission Comment W 1975 Amendment The deleted portions of subdivision (5) of Section 5 *« [Water C-App. § 45-5] are superseded by Section 1230.020 of the Code of Civil Procedure.m Historical and Statutory Notes ** 1975 Legislation. Operative effect of 1975 amendment see note under § 98-61. Library References Recommendations relating to condemnation law and procedure in special districts. 12 Cal.L.Rev.Comm. Reports 1101 (1974). S 45-5'/2. Surplus money; Investment Sec. 5%. Any authority Incorporated as herein provided shall also have power t<> invest any surplus money In the authority treasury, including such money in any sinking fund established for the purpose of providing for the payment of the princi- pal or interest of any bonded or other indebtedness or for any other purpose, not required for the immediate necessities of the authority. In its own bonds, or i" treasury notes, or bonds, of the United States, or of this State, and such investment may be made by direct purchase of any issue of such bonds or treasury notes, or part thereof, at the original sale of the same, or by the subsequent purchase of such bonds or treasury notes. Any bonds or treasury notes thus purchased and held may, from time to time, be sold and the proceeds reinvested in bonds or treas- ury notes, as above provided. Sales of any bonds or treasury notes thus purchased and held shall, from time to time, be made in season so that the proceeds may be applied to the purposes for which the money, with which the bonds or treasury notes were originally purchased, was placed in the treasury of the authority. The functions and duties authorized by this paragraph shall be performed by joint ac- tion of the controller and treasurer, with the approval of the attorney, under such rules and regulations as shall be prescribed by the board of directors of the author- ity. (Added Stats.1049, c. 43, p. 65, § 1.) i 45-5.1. Hydroelectric power •Sec. 5.1. (a) Any authority incorporated as herein provided shall have the power to utilize any part of its water, and any parts of its works, facilities, improvements, and property used for the development, storage, and transportation of water, to provide, generate, and deliver hydroelectric power, and may acquire, construct, operate, and maintain any and aU works, facilities, improvements, and property necessary or convenient for such utilization. (b) Any authority incorporated as herein provided shall have the power (1) pursuant to contract, to provide, sell, and deliver hydroelectric power to the United States of America or to any board, department, or agency thereof, to the State of California for purposes of the State Water Development System, and to any public agency, private corporation or any other person or entity, or any combination thereof, engaged in the sale of electric power at retail; or (2) to use aD or any part of such hydroelectric power directly, or indirectly through exchange, in exercising any other power of an authority. For the purposes of this subdivision, "public agency" means a city, county, city and county, district, local agency, public authority, or public corporation. (Added by Stats.1977, c. 146, p. 592, § 4, eff. June 29, 1977.) § 45-5.2. Standby water charges Sec. 5.2. (a) Any authority may, by ordinance, fix on or before the third Monday of August, in each fiscal year, a water standby availability charge on land within the boundaries of the authority, to which water is made available by the authority, whether the water is actually used or not (b) The standby availability charge shall not exceed ten dollars ($10) per acre per year for each acre of land within the authority or ten dollars ($10) per year for a parcel less than one acre. (e) The availability charge shall be adopted by the board of directors only after adoption of a resolution setting forth the particular-schedule or schedules of charges proposed to be established by ordinance and after a public hearing on the resolution. The secretary shall cause notice of a time and place of the hearing to be published pursuant to Section 6066 of the Government Code, prior to the date set for hearing, in a newspaper of general circulation printed and published within the authority. At the time stated in the notice, the board of directors shall hear and consider all objections or protests, if any, to the resolution referred to in the notice and may continue the hearing from time to time. Upon the conclusion of the hearing, the board of directors may adopt, revise, charge, reduce, or modify an assessment of charge or overrule any or all objections. The board of directors shall make its determination upon each charge as described in the resolution, which determination shall be final. (d) On or before the third Monday in August, the board of directors shall furnish in writing to the board of supervisors and the county auditor of each affected county a description of that parcel of land within the authority upon which an availability charge is to be levied and collected for the current fiscal year, together with the amount of availability charge fixed by the authority on each parcel of land which is to be added to the assessment roll. (e) The authority shall direct that, at the time and in the manner required by law for the levying of taxes for county purposes, the board of supervisors shall levy, in addition to any other taxes levied, the availability charge in the amounts for the respective parcels fixed by the authority. (f) All county officers charged with the duties of collecting taxes shall collect the authority's availability charges with the regular tax payments to the county. The availability charges shall be collected in the same form and manner as county taxes are collected, including procedures in the event of delinquency. Upon collection of the availability charges by the tax collector, the collections shall be paid to the authority. The county may deduct the reasonable administrative costs incurred in levying and collecting the water standby availability charge. (Added by Stats.1988, c. 536, § 1.) } 45-5.3. Standby water charges; election; payment Sec. 5.3. (a) On or before the 15th day of December of each year, the governing body of each member public agency may elect to pay out of its funds available for that purpose, other than funds derived from ad valorem taxes, all or any portion of the amount of standby charges which would otherwise be levied upon parcels of land within that public agency for the following fiscal year. (b) If that election is made, the member agency shall promptly notify the controller of the authority of that fact by causing personal delivery to be made of a certified copy of the action taken by the governing body, together with a financial statement showing its financial condition, and the source of funds and revenues to be used to make the in lieu cash payments. (c) If the authority fixes standby charges pursuant to Section 5.2. it shall also determine the total amount to be fixed against all parcels of land in each member public agency. The authority shall specify in the ordinance fixing the standby charges the cash payment elected by each member agency to be made pursuant to subdivision (a) and cause the balance, if any, to be levied and collected against the parcels of land in that member public agency. (d) Each member agency which makes the election shall pay the full amount due in cash installments at the times and in the proportionate amounts as established by the authority, pursuant to subdivision (d) of Section 9, for in lieu cash payments of ad valorem property taxes. (e) Any cash payments made in avoidance of standby charges are hereby declared to be for a public purpose and shall not be deemed gratuitous or in the nature of gifts, but shall be deemed to be payments for water or services in connection with the distribution of water. (Added by Stats.1989, c. 32, § 2, eff. May 31, 1989.) I 45-5.9. Connection and capacity charges; collection; reimbursement Sec. 5.9. An authority may fix and impose connection charges and capacity charges upon each public agency, the area of which is included within the authority, or upon the ultimate users of water delivered by the authority to the public agency. If imposed upon the ultimate users of water, an authority may require the public agency to collect the charges on behalf of the authority. If an authority requires collection, the authority shall reimburse the public agency for all reasonable costs incurred in collecting those charges. Any capacity charge proposed to be imposed upon an ultimate user of water is subject to Chapter 13.7 (commencing with Section 54999) of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats.1989, c. 430, § 1.) i 45-5.10. Judicial action or proceeding involving ordinance fixing water standby availability, or connection or capacity charge; limitation Sec. 5.10. Any judicial action or proceeding to attack, review, set aside, void, or annul an ordinance fixing and establishing either a water standby availability charge pursuant to Section 5.2, or a connection or capacity charge pursuant to Section 5.9, shall be commenced within 120 days after adoption of the ordinance or prior to May 1, 1991, for ordinances adopted prior to January 1, 1991. (Added by Stats.1990, c. 129 (S.B.2014), § 1.) 5 45-6. Directors Sec. 6. (a) All powers, privileges, and duties vested in or imposed upon any authority incorporated under this act shall be exercised and performed by and through a board of directors. The exercise of any and all executive, administrative, and ministerial powers may be delegated by the board of directors to any of the offices created by this art or by the board of directors acting under this art. (b) The board of directors shall consist of at least.one representative from each public agency, the area of which is within the authority. The representatives shall be designated and appointed by the chief executive officers of those public agencies, respectively, with the consent and approval of the legislative bodies of the public agencies, respectively. Any member of the governing body of a member agency which is a water district may be appointed by that member agency to the board of the authority to serve as the agency's representative, except that, in the case of agencies with several representatives, a majority of the members of the governing body of the agency may not be so appointed by the agency to serve as representatives on the board of the authority. • • • Any director holding dual offices shall not vote upon any contract between a county water authority and the member public agency he or she represents on the authority's board. The term "water district," as used in this subdivision, has the same meaning as in subdivision (a) of Section 10. (c) Members of the board of directors shall bold office for a term of ax years, and until their successors are appointed and qualified. However, the terms of the members of the first board shall be determined by lot so that the terms of not less than one-half of the members shall be for three years and the terms of the remainder shall be six years. Every member shall be subject to recall by the voters of the public agency from which that member is appointed, in accordance with the recall provisions of the freeholders' charter or other law applicable to the public agency, and any member may be recalled by the majority vote of the governing body of the public agency from which the member is appointed. (d) As a member of the board of directors, each representative is entitled to vote on all questions, i orders, resolutions, and ordinances coming before the board, and is entitled to cast one vote for each five million dollars ($5,000,000), or major fractional part thereof, of assessed valuation of property taxable for authority purposes in the public agency represented by him or her as shown by the last equalized ' assessment roll of the county and evidenced by the certificate of the county auditor; provided, that each representative shall have at least one vote and no public agency shall have votes • • • that exceed theJ number of the total number of votes of all the other public agencies whose corporate areas are included in the authority. In addition to one representative, any public agency may, at its option, designate and •, appoint one additional representative for each full 5 percent of the assessed value of property taxable for authority purposes which is within the public agency. However, the term of office of any representative ,M| shall not be changed or terminated by reason of any future change in the assessed value of property within any member agency. The representatives of each public agency shall cast the vote to which that public agency would otherwise be entitled as a unit and as a majority of the representatives present shall '** determine. The affirmative votes of members representing more than 50 percent of the total number of . votes of all the members shall be necessary, and, except as otherwise herein provided, shall be sufficient to carry any order, resolution, or ordinance coming before the board of directors. However, any meeting may be adjourned or recessed from day to day or from time to time, by vote of the director or directors "it* present, irrespective of the number of directors present or the number of votes represented at the meeting. For the purposes of this section, the term "major fractional part" means a fractional part •"*' larger than one-half. (e) Members of the first board of directors so constituted shall convene at the call of the clerk of the «*" board of supervisors in the meeting room of the board of supervisors at the county seat of the county, and immediately upon convening, the board of directors shall elect from its membership a chairperson, a vice ** chairperson, and a secretary, who shall serve for a period of two years, or until their respective successors are elected and qualified. *"• (f) A quorum necessary for the transaction of business at any meeting of the board of directors exists whenever there are present at the meeting a majority of the membership of the board of directors which •* includes at least one-half of the number of representatives of each public agency member having more than six representatives serving on the board of directors. However, any regular or special meeting of ^( the board of directors at which a quorum is not present may be continued from time to time until a quorum is present to transact the business of the board of directors. M (Amended by Stats.1968, c. 424, p. 880, § 2; Stats.1972, c. 605. p. 1069. § 1; Stats.1973, c. 754, p. 1356, § 1. eff. Sept. 25, 1973; Stats.1987, c. 272, § 1: Stats.1995, c. 73 (S.B.I 173), f 2.) #» 5 45-7. Bond Issues "^ Sec. 7. (a) Determination of necessity; election call. Whenever the board of directors of any authority incorporated under this net shnll. by ordinance MI adopted by a vote of n majority of the nggreiratc number of votes of all the members of the board of directors, determine that the Interests ot said an- ay thority and the public interest or necessity demand the acquisition, construc- tion or completion of any public Improvement or works, necessary or convenient to •carry out the objects or purposes of said authority the cost of which will l>e too great *""* to be paid out of the ordinary annual Income and revenue of the authority, said board of directors may order the submission of the proposition of incurring bonded *•* Indebtedness, for the purposes set forth In the said ordinance, to the qualified voters of such district, at an election held for that purpose. Any election held for the pur- „„ pose of submitting any proposition or propositions of incurring such bonded Indebted- ness may be held separately, or may be consolidated or held concurrently with any —g other election authorized by law at which the qualified electors of the authority are entitled to rote. The declaration of public Interest or necessity herein required and the provision for the holding of such election may be Included within one and the «•• same ordinance, which ordinance, in addition to such declaration of public interest or necessity, shall recite the objects and purposes for which the Indebtedness is pro- O* posed to be Incurred, the estimated cost of the public works or improvements, the amount of the principal of the Indebtedness to be Incurred therefor and the maximum ^ rate of interest to be paid on such indebtedness, which rate shall not exceed six (C) percent per annum, payable semiannual!?. Such ordinance shall also fix the date upon which such election shall be held and the manner of holding the same and the ^ method of voting for or against Incurring the proposed Indebtedness. Such ordi- nance shall also fix the compensation to be paid the officers of the election and shall MI designate the precincts and polling places and shall appoint the officers of such elec- tion, which officers shall consist of one Inspector, one judge and two clerks in each gg precinct. The description of precincts may be made by reference to any order or orders of the board of supervisors of the county in which the authority is situated, or by reference to any previous order or ordinance of the legislative body of any public agency, or by detailed description of such precincts. Precincts established by the board of supervisors of the county, to a number not exceeding sis (C) may be consolidated for special elections held hereunder. In the event any bond election shall be called to be held concurrently with any other election or shall be consolidated therewith, the ordinance calling the election hereunder need not designate precincts or polling places or the names of officers of election, but shall contain reference to the act or order calling such other election and fixing the precincts and polling places and appointing election officers therefor. Publication (b) The ordinance provided for in subdivision (a) of this section shall be published once, at least ten (10) days before the date of the election therein called, in a news- paper of general circulation printed and published within the authority, and no other or further notice of such election or publication of the names of election officers or of the precincts or polling places need be given or made. Conduct of election; canvass; declaration of result (c) The respective election boards shall conduct the election in their respective precincts In the manner prescribed by law for the holding of general elections, and shall make their returns to the secretary of the authority. At any regular or special meeting of the board of directors held not earlier than five (5) days following the date of such election, the returns thereof shall be canvassed and the results thereof declared. In the event that any election held bereunder shall be consolidated with any primary or general election and the proposition to incur indebtedness shall be printed upon a ballot containing other propositions, the returns of the election held hereunder shall be made with the returns of the primary or general election to the board of supervisors or other bodies whose duty It shall be to canvass the returns thereof, and the results of the election held hereunder shall be canvassed at the time and in the manner provided by law for the canvass of the returns of such primary or general election. It shall be the duty of such canvassing body to promptly certify and transmit to the board of directors of the authority a statement of the result of the vote upon the proposition submitted hereunder. Upon receipt of such certificates. It shall be the duty of the board of directors to tabulate and declare the results of the election held bereunder. Vote authorizing Issuance and sale (d) In the event that it shall appear from said returns that a two-thirds majority of the electors voting on any proposition submitted hereunder at such election voted In favor of such proposition, the authority shall thereupon be authorized to issue and sell bonds of the authority in the amount and for the purpose or purposes and ob- ject or objects provided for in such proposition in such ordinance, and at a rate of interest, not exceeding the rate recited in said ordinance. Form and contents of bond (e) The board of directors shall prescribe the form of the bonds issued by the au- thority and of the interest coupons to be attached thereto. Such bonds shall mature serially at times and in amounts to be fixed by the board of directors; provided, that the payment of said bonds shall begin not later than 10 years from the date thereof and l>e completed In not more than 50 years from said date. The bonds shall be Is- sued in such denominations as the board of directors may determine, except that no bonds shall be of less denomination than one hundred dollars (S100), nor of a greater denomination than fifty thousand dollars ($50.000), and shall be payable on the day and at the place or places "fixed in such bonds and with interest at the rate specified therein, which rate shall not be in excess of six percent (Cft) per annum, and shall be payable semiannually. The board of directors may provide for the call and redemption of any or all of said bonds on any interest payment date prior to their fixed maturity at not exceed- ing the par value thereof and accrued Interest plus .1 premium of not exceeding 5 percent upon the principal amount of said bond? in which event a statement to that effect shall be sot forth in the ordinance calling the election and the call price fixed by the board of directors shall be set forth on the face of the bond. Notice of such redemption shall bo published once a week for three successive weeks in a newspaper of general circulation printed and published within the authority or If there be no such newspaper printed and published within the authority then the publication shall be made in a newspaper of general circulation printed and published within the coun- ty in which the said authority is situated, the first publication of which shall be at least 30 days prior to the date fixed for such redemption. After the date fixed for such redemption. Interest on said bonds thereafter shall cease. Such bonds shall be signed by the chairman of said board of directors, or by such other officers as said board of directors shall, by resolution adopted by a majority vote of its members, authorize and designate for that purpose, and such bonds shall also be signed by the controller, or assistant controller, and countersigned by the sec- retary of said board of directors. The coupons of said bonds shall be numbered con- secutively, and signed by said controller, or assistant controller by his lithographed or engraved signature. All such signatures and countersignatures excepting that of the controller, or assistant controller, on said bonds, may be printed, lithographed or engraved. Signatures; continuing validity (f) In case any of such officers, whose signatures or eountersignatures appear on the bonds or coupons, shall cease to be such officer before the delivery of such bonds to the purchaser, such signatures or eountersifnatures shall nevertheless be valid and sufficient for all purposes, the same as If they had remained in office until the delivery •of such bonds. Price; bids (g) Such bonds shall not be sold at a price less than the par value thereof, together -with accrued interest to the date of delivery, nor until notice calling for bids there- for shall have been published in a newspaper of general circulation published and •circulated in the county wherein the principal place of business of said authority shall be located. Said notice, calling for bids, shall state the time tor the receipt of such bids, which shall not be less than twenty (20) days after the first publication thereof. Such notice may offer the bonds at a fixed interest rate or with the interest rate undetermined, in which event the bids shall contain a statement of the lowest rate of interest at which the bidder will take the bonds and pay par value or more therefor, together with accrued interest. Bids for such bonds shall be opened public- ly and the results thereof publicly announced. Such bonds shall be sold to the highest bidder. "Highest bidder," as used in this subsection, shall mean the one which gives the authority the lowest net cost Temporary, or interim, bonds or certificates, of any denomination whatsoever, to be signed by the controller or assistant controller, may be issued until the definitive bonds are executed and available for delivery. Sale; proceeds (h) Such bonds may be issued and sold by said board of directors as they shall determine, and the proceeds thereof, excepting premium and accrued interest, shall be placed in the treasury of said authority to the credit of the proper improvement fund, and shall be applied exclusively to the purposes and objects mentioned in said1 ordinance; provided, that the interest on said bonds accruing during the construe- tion period arid for one year thereafter shall be deemed to be a construction cost within the meaning of the purposes and objects mentioned in said ordinance, and such interest may be paid from said proceeds of the sales of such bonds. Premium and accrued interest shall be placed in the fund to be applied to the payment of in- terest on, and the retirement of, the bonds so sold. For the purposes of this section, the construction period shall be deemed to end when the works, the construction of which shall have been authorized from the proceeds of any such bond issue, shall have been placed in operation to such extent as to result in the sale and delivery In the authority, of water transported and provided by means of such works. Action to determine validity of bonds (i) An action to determine the validity of bonds and the sufficiency of the provision for the collection of an annual tax sufficient to pny the interest on such indebtedness as it falls due and to constitute a sinking fund for the payment of the principal there- of on or before maturity may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. Water rate; taxation (j) The board of directors, so far as practicable, shall fix such rate or rates for water as will result in revenue which will pay the operating expenses of the author- ity, provide for repairs and maintenance, and provide for the pnyment of the interest and principal of the bonded debt. If, however, from any cause, the revenues of the- authority shall be inadcnuatc to pay the interest or principal of any bonded debt as the same Incomes due. the board of directors shall, at the time of fixing the tax levy and In the manner for such tax levy provided, levy and collect annually until said bonds are paid or until there shall lie a sum in the treasury of the authority set apart for that purpose sufficient to meet nil sums coming due for principal and in- terest on such bonds, a tax sufficient to pny the annual interest on such bonds, or such part thereof as shall not be met from revenues of the authority, and also suffi- cient to pny such part of the principal of such bonds as shall become due before the time when money will be available from the next general tax levy, or such portion thereof as shall not bo met from revenues of the authority: provided, however, that if the maturity of the indebtedness created by the issue of bonds l>c made to begin more than one year after the date of the issuance of such bonds, such tax shall be levied and collected at the time and in the manner aforesaid annually sufficient when added to revenues of the authority available for .that purpose to pny the interest on such indebtedness as it falls due and also to constitute, together with the revenues of the authority available for such purpose, a sinking fund for the payment of the principal of such bonds on or before maturity. The taxes herein required to be levied and collected shall be in addition to all other taxes levied for authority purposes and shall be collected at the time and in the same manner as other authority taxes are collected and shall be used for no purpose other than the payment of such bonds and accruing interest. Registration (k) Coupon bonds issued bercundcr. at the request of the holder, may be registered as to principal nnd interest in the holder's name on the books of the treasurer of the district, and the coupons surrendered and the principal and interest made payable only to the registered holder of the bond. For that purpose the treasurer of the au- thority shall detach and cancel the coupons, and shall endorse a statement on the bonds that the coupon sheet issued therewith has been surrendered by the holder, and the coupons canceled by such treasurer, and that the principal and the semiannual Interest are thereafter to be paid to the registered holder, or order, by draft, check or warrant drawn payable at a place of payment specified in the bond, after which no transfer shall be valid unless made on such treasurer's books by the registered holder, or by his attorney duly authorized, and similarly noted on the bond. After such registration, the principal and interest of such bond shall be payable only to the rec- istered owner. Bonds registered under this paragraph may, with the consent of the authority and the holders of the bonds, lie reconverted into coupon bonds at the ex- pense of the holder thereof, and again reconverted into registered Ixjnds from time to time, as the board of directors of the authority and the holders of the bonds may determine. In converting coupon bonds into registered bonds, coupon bonds may be exchanged for registered bonds of one hundred dollars ($100) each, or multiples there- of, but not exceeding flfty thousand dollars ($30.0001 each, in which event new res- istered bonds shall l>e issued at the expense of the holder. Coupon bonds mny be ex- changed for other coupon bonds of one hundred dollars (5100) each, or multiples there- of, but not exceeding fifty thousand dollars ($30.000) each, in which event new coupon bonds shall be issued at the expense of the holder. For each conversion or reconversion of a coupon or registered bond, the trpasuror of the authority shall be entitled to charge and collect such fee as the board of di- rectors of the authority may prescribe from time to time. Legal Investment (0 All bonds heretofore or hereafter issued by any county water authority shall be legal investments for all trust funds, and for the funds of all insurance companies, banks, both commercial and savings and trust companies, and for the state school funds, and for all sinking: funds under the control of the State Treasurer, anil when- ever any moneys or funds may by law now or hereafter enacted be invested in, or loaned upon the security of. bonds of cities, cities and counties, counties, or school districts in the State of California, such moneys or funds may l>c invested in. or loaned upon the security of, the bonds of such county water authority: and whenever bonds of cities, cities and counties, counties or school districts, by any law now or hereafter enacted, may be used as security for the faithful performance or execution of any court or private trust or of any other act, bonds of such county \vator author- ity may be so used. (Stats.19-13, c. 543, p. 200S, 5 7. as amended Stats.lOiil. c. 130">, p. 33-1S, § 1.) Cross References Newspaper of general circulation, see Government Code 5 COOP.Qualified voters, see Elections Code i 70 et seq. Qualifications of voters, see Elections Code § 2000 et seq. Library References Declaratory Judgment C=2U. C.J.P. Newspapers ! 7.r.J.Sv Dcclaratnry Judgment 5 78. Trusts C=217(3>.Elections C=237. 25S. C.J.S. Trusts 5 325.C..J.P. Elections ?! 236. 242. AVnters nnd Water Courses C=2IS3Vi.Newspapers <S=3(3. 4). C.J.S. Waters jj 2IH. «SI. 2"3(1. 5). § 45-7.5. Revenue bonds; authority; law governing Sec. 7.5. Revenue bonds, including refunding revenue bonds, mav be issued by an authority under the Revenue Bond Law of 1941, Chapter 6 (commencing with Section 54300), Part 1, Division 2, Title 5 of the Government Code or any other law which by its terms is applicable. (Added by Stats.1973, c. 754, p. 1356, § 2, eff. Sept. 25, 1973.) 10 J 45-8. Contract to incur indebtedness; election; indebtedness by contract in lieu of bond issuance; second indebtedness by contract if project construction not commenced Sec. 8. (a) An authority may incur indebtedness by contract other than by voting bonds or expenditure of bond proceeds up to a total amount equal to one-tenth of 1 percent of the assessed valuation, as denned in Section 135 of the Revenue and Taxation Code, or as otherwise hereafter defined by an act of the Legislature, of property taxable for authority purposes by a vote of three-fourths or more of the aggregate number of votes of all members of the board of directors. Any proposal to incur an , indebtedness in excess of an amount equal to one-tenth of 1 percent of the assessed valuation, as defined in Section 135 of the Revenue and Taxation Code, or as otherwise hereafter defined by an act of the Legislature, of property taxable for authority purposes by contract other than by voting bonds or ' expenditure of bond proceeds, and any proposal to purchase, lease, or otherwise acquire rights, privileges, or services by contract, the compensation for which shall be payable over a period of time exceeding 20 ' years, shall be submitted to the qualified electors of the authority for their approval and shall be voted upon at an election where the proceedings are held, insofar as applicable, in the manner provided in this , act for the authorization and issuance of the bonds of the authority, except that the vote of a majority of the electors voting upon the proposition shall be sufficient to authorize the incurring of the indebtedness. I Notice of the election shall contain, in addition to the information required in the case of bond elections, a statement of the maximum amount of money to be paid under the contract, exclusive of penalties and interest, for what purposes the money is to be expended, and the property, improvements, works, rights, "~* privileges, or services to be acquired thereby. The ballots at the election shall contain a brief statement of the general purposes of the contract and the amount of the obligation to be assumed, with the words •^ "Contract—Yes" and "Contract—No." The board of directors may submit the contract or proposed contract to the superior court of the county where the authority is located to determine the validity ,., thereof and the legal authority of the board to enter into the contract, with the .same proceedings to be held as provided in this act in the case of the judicial determination of the validity of bonds issued i(j pursuant to this act and with like effect (b) If a proposition to consider the issuance of revenue bonds under the Revenue Bond Law of 1941 •i (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 6 of the Government Code) has been submitted to the qualified voters of an authority at an election held for that purpose and ^1 received the affirmative vote of a majority of the electors voting upon the proposition and, therefore, constitutes authority to issue revenue bonds under the Revenue Bond Law of 1941, the authority may, in lieu of issuing those revenue bonds, incur an indebtedness by contract, in addition to the indebtedness *" authorized by subdivision (a), in an amount, excluding penalties and interest, up to the amount authorized by and for the purpose authorized by the revenue bond proposition. The indebtedness shall be payable ** over a period of not to exceed 30 years, as provided in the resolution of the board of directors. (c) If a contract of indebtedness incurred pursuant to subdivision (b) is repaid in full because •"• construction of the project approved by the electorate was not commenced due to administrative, court, or other delays, resulting in failure to obtain necessary governmental permits, an authority may incur a ** - second contract of indebtedness pursuant to subdivision (b) to fund construction of the project. The second indebtedness shall not exceed the amount authorized by the proposition approved by the ^ electorate as provided in subdivision (b). (Amended by Stats.1976, c. 1457, p. 6530, § 1; Stats.1981, c. 874, p. 3356, § 1, eff. Sept 27, 1981- M. Stats.1985, c. 1408, § 1, eff. Oct 1. 1985; Stats.1987, c. 436, § 1, eff. Sept 3, 1987.) Library References Waters and Water Courses «»183I4. CJ.S. Waters J 243. t 45-8.1. Repair or replacement of damaged or demolished structures; authorization; bonds Sec. 8.1. (a) Whenever the board of directors of any authority incorporated under this act by ordinance adopted by a vote of three-fourths or more of the aggregate number of votes of all members of the board of directors finds and determines that any part of the works of the authority has been damaged or demolished by reason of fire, flood, earthquake, sabotage, act of God or the public enemy, that the cost of repairing or replacing such works so damaged or demolished will be too great to be paid out of the ordinary annual income and revenue of the authority, and that the public interest requires the incurring of indebtedness for the purpose of providing moneys for the repair or replacement of such works, the board of directors may authorize the incurring of such indebtedness by the issuance and sale of bonds or other evidence of indebtedness and shall determine the manner in which such indebtedness shall be incurred and evidenced. (b) The total indebtedness incurred pursuant to this-section shall not exceed one-half of 1 percent of the assessed valuation of the property taxable for authority purposes, and the term of any such indebtedness shall not exceed 12 years. (c) The bonds or other evidence of indebtedness authorized to be issued pursuant to this section shall bear interest at a rate or rates specified therein, which rate or rates shall not be in excess of 8 percent per annum, and shall be in such form, bear such signatures, and be subject to such provisions as may be determined by the board of directors. The board of directors'may provide for the call and redemption of bonds or other evidence of indebtedness before maturity at such times and at such prices as it may determine. A bond or other evidence of indebtedness shall not be subject to call or redemption prior to maturity unless it contains a recital to that effect 11 m m (d) The bonds or other evidence of indebtedness shall be sold at not less than par and accrued interest in the manner provided for the issuance of other bonds of the authority in subdivision (g) of Section 7. provided that if no bids are received, or if the board determines the bids received are not satisfactory in the opinion of the board, the board may reject all bids and either readvertise or sell the bonds or other evidence of indebtedness at private sale. (e) The proceeds of any borrowing pursuant to this section, other than accrued interest, shall be applied solely to the purpose specified in the ordinance authorizing the incurring of such indebtedness or to the retirement of the principal of the obligation issued pursuant to such ordinance. Any accrued interest received shall be applied to payment of interest on such indebtedness. (f) The provisions of subdivisions (i). (j), and (/) of Section 7, which are applicable to other bonds of the authority, shall apply to bonds or evidence of indebtedness incurred pursuant to this section. (Added by Stats.1976, c. 1457, p. 6530, § 2.) § 45-8.2. Borrowing money; short-term revenue certificates Sec. 82. (a) Any authority may, pursuant to this section, borrow money and incur indebtedness from time to time for any of the purposes for which it is authorized by law to spend money. The indebtedness shall be evidenced by short-term revenue certificates issued in the manner and subject to the limitations set forth in this section. Any authority may also borrow money and incur indebtedness to pay the principal or interest on certificates issued pursuant to this section. (b) Certificates issued by any authority pursuant to this section may be negotiable or nonnegotiable. and all certificates shall be, and shall recite upon their face that they are. payable both as to principal and interest out of any revenues of the authority which are made security for the certificates pursuant to an indenture or resolution duly adopted by the board of directors. The word "revenues," as used in this section, refers to any revenues derived from the sale of water and power, annexation charges (whether collected through tax levies or otherwise), grants, available tax revenues, or any other legally available funds. In no event shall any resolution or indenture preclude payment from the proceeds of sale of other certificates issued "pursuant to this section or from amounts drawn on a bank, or other financial institution, lines of credit pursuant to subdivision (e), or from any other lawfully available source of funds. (c) In order to exercise the power to borrow money pursuant to this section, the board shall adopt a resolution, or approve an indenture, authorizing the sale and issuance of certificates for that purpose, which resolution or indenture shall specify all of the following: (1) The purpose or purposes for which the proposed certificates are to be issued. (2) The maximum principal amount of the certificates which may be outstanding at any one time. (3) The maximum interest cost, to be determined in the manner specified in the resolution, to be incurred through the issuance of the certificates. (4) The maximum maturities of the certificates, which shall not exceed 270 days from the date of issue. (5) The obligations to certificate holders while the certificates are outstanding. (d) The board may also provide, in its discretion, for any of the following: (1) The times of sale and issuance of the certificates, the manner of sale and issuance (either through public or private sale), the amounts of the certificates, the maturities of the certificates, the rate of interest, the rate or discount from par, and any other terms and conditions deemed appropriate by the board or by the general manager of the authority or any other officer designated by the board. (2) The appointment of one or more banks or trust companies, either inside or outside the state, as depository for safekeeping and as agent for the delivery, and the payment, of the certificates. (3) The employment of one or more persons or firms to assist the authority in the sale of the certificates, whether as sales agents, dealer managers, or in some other comparable capacity. (4) The refunding of the certificates from time to time without further action by the board, unless and until the board specifically revokes that authority to refund. (5) Other terms and conditions the board may deem appropriate. (e) The board may arrange for a bank, or other financial institution, line of credit for (1) the purpose of providing an additional source of repayment for indebtedness incurred under this section and any interest thereon or (2) for the purpose of borrowing for any purpose for which short-term revenue certificates could be issued under this section. Amounts drawn on the lines of credit may be evidenced by negotiable or nonnegotiable promissory notes or other evidences of indebtedness. The board is authorized to use any of the provisions of this section in connection with the entering into of the line of credit, borrowing thereunder, or repaying of the borrowings. (Added by Stats.1984, c. 1268, S 1, eff. Sept 19. 1984.) Library References Municipal Corporations *»271, 858 ct «eq. CJ.S. Municipal Corporations if 1031, 1833. 12 § 45-9. Taxation Sec. 9. (a) Certificate of assessed valuation. Immediately after equalization and not later than the 15th day of August of each year, it shall be the duty of the auditor of the county wherein such authority shall lie, to prepare and deliver to the controller of the authority a certificate showing the assessed valuation of all property within the authority, and also such assessed valuation segregated according to public agencies, the areas of which lie within the authority. (b) Tax levy. On or before the 20th day of August the board of directors of the authority shall by resolution determine the amount of money necessary to be raised by taxation during the fiscal year beginning the first day of July next preceding and shall fix the rate of taxation of the authority. > designating the number of cents upon each one hundred dollars ($100) assessed valuation of taxable property and shall levy a tax accordingly: (1) Sufficient, when taken with other revenues available for the purpose, to meet interest and sinking fund requirements on all outstanding bonded indebtedness of said authority: and sufficient, when taken1 with other revenues available for the purpose, to meet the payment of the principal and interest on any refunding bonds, or any bonds the issuance of which may have been authorized by the electors and which -1 bonds have not been sold but which, in the judgment of the board of directors, will be sold prior to the time when money will be available from the next subsequent lax levy, and in case such bonds are not so •i issued and sold or such tax for any other reason is not required for said purpose, the tax so levied shall be applied to the payment of interest and/or principal on any refunding bonds, or on any. bonds til authorized by the electors, then outstanding or subsequently issued and/or sold; and (2) For all other authority purposes. "** (c) Public agencies; amount of payment in lieu of taxes. The board of directors shall also cause to be computed and shall declare in said resolution the amount of money to be derived from the area of the ''** authority lying within each separate public agency by virtue of the tax levy. In such resolution the board shall also fix and determine the times and proportional amounts of installments in which any public |MW agency may elect to make payment in lieu of taxes as hereinafter provided. The board shall immediately cause certified copies of such resolution to be transmitted to the presiding officer of the governing body of ^ each such public agency. (d) Public agencies; election to make payment in lieu of taxes. On or before the 15th day of December of each year the governing body of each such public agency may elect to pay out of its funds available for that purpose, other than funds derived from ad valorem property taxes, all or any portion of _ the amount of tax which would otherwise be levied upon property within such public agency. Such1 election shall be made by order upon motion, which order shall recite that such payment shall be made in cash concurrently with the certification of such order to the controller of the authority, or that such <•* payment shall be made in installments and the times wherein such installments shall be payable and the amounts thereof, which amounts shall be in accordance with the requirements of the board of directors of mm - the authority as approved by resolution. In the event that any public agency shall elect to pay in cash, or by deferred installments, money or any part thereof which would otherwise be levied upon property — within the public agency, it shall immediately certify to the controller of the authority a copy of such order and a statement showing its financial condition, the funds from which such payments shall be made and the sources of revenue to be used therefor; provided, however, that in the event any public agency shall elect to pay in cash all or any portion of the amount of tax which would otherwise be levied upon property within such public agency to meet interest and sinking fund requirements on the outstanding «™ bonded indebtedness of said authority, such amount so elected to be paid shall be deposited with the treasurer of said authority on or before the 27th day of August next following such election; and ••» provided, also, that unless such payment is so made in the case of interest and sinking fund requirements, and unless such election, as to all other taxes, shall provide for payments in accordance with the „„ resolution of the board of directors-as hereinbefore provided for, then such election shall be ineffective for any purpose. mmt (e) Statement of tax rate. Before the first day of September the controller of the authority shall cause to be prepared and transmitted to the auditor of the county in which the authority shall lie, a >fm statement showing the tax rate to be applied to assessed property in each public agency, which rate shall "**" be the rate fixed by resolution of the board of directors modified to the extent necessary to produce from each public agency only the amount of money apportioned thereto in said resolution, less any amount paid ** or undertaken to be paid by such public agency, or credited thereto as herein provided. (f) Collection of taxes. Upon receipt by the auditor of the county in which such authority shall lie, of *"* a certified copy of the controller's statement .showing the tax rate to be applied to assessed property in each public agency, and showing the public agencies, the assessed property in which is exempt therefrom, **"* if any, it shall be the duty of the county officers to collect taxes for the benefit of the authority at the rate specified as herein provided. The taxes so levied shall be computed and collected at the same time and in «M the same manner required by law for the assessment, computation and collection of taxes for county purposes, and the property subject to such tax shall be subject to the same penalties for delinquency, and MB the same provisions of law relating to the sale of property for nonpayment of county taxes and redemption thereof shall apply to the tax herein authorized. When so collected, such taxes shall be paid over to the treasurer of the authority, subject to the deduction herein authorized. In consideration of services rendered hereunder, any county shall annually be entitled to deduct and — retain for its own use and benefit an amount not exceeding 1 percent on the first twenty-five thousand dollars ($25,000) collected hereunder, and one-fourth of 1 percent of any amount in excess of twenty-five thousand dollars ($25,000) collected hereunder. The board of supervisors of each such county may *•* provide such extra help as in their judgment may be necessary for the proper performance of duties hereunder. 13 (g) Redemption, disposition of proceeds; tax lien. Whenever any real property situated in any authority organized hereunder and upon which a tax shall have been levied, as herein provided, shall be sold for taxes and shall be redeemed, the money paid for such redemption, except advertising costs, shall be apportioned and paid in part to such authority in the proportion which the tax due to such authority shall bear to the total tax for which such property shall have been sold. All taxes levied together with penalties, interests and costs under the provisions of this act shall be a lien upon the property upon which levied, and the enforcement of the collection of such tax shall be had in the same manner and by the same means as is or shall be provided by law for the enforcement of liens for count)- taxes, and all of the provisions of law relating to the enforcement of such taxes are hereby made a part of this act so far as applicable. (h) Public agencies; payments; reimbursement for expenses. Public agencies, the areas of which are included within any county water authority incorporated hereunder, are hereby authorized to pay to any such authority, out of funds derived from the sale of water or other funds not appropriated to some other use, such amounts as may be determined upon by the governing bodies thereof, respectively. Such payments may be made in avoidance of taxes as herein provided, or otherwise, and are hereby declared to be for a public purpose and shall not be deemed gratuitous or in the nature of gifts, but shall be deemed payments for water or services in connection with the distribution of water. Any public agency making any such payment to any authority incorporated hereunder, whether in avoidance of taxes or otherwise, shall receive credit therefor and the amount of the payment so made by any public agency shall be deducted from the amount'of taxes which would otherwise be levied against property hying therein as herein provided. In the event that payment so made by any public agency shall exceed the amount of taxes which would otherwise have been levied against property within such public agency, the amount of such excess without interest shall be carried over and applied in reduction of taxes levied, or which would otherwise have been levied during the ensuing year or years. Any public agency, including a county, which shall have incurred expenses in negotiating contracts or in the investigation of or preliminary work upon any works or projects or in making payments on account of any such contracts, works or projects, taken over by the authority, may receive, and the authority so taking over any such contracts, works or projects may make to such public agency, reimbursement for all such sums so expended, or to be expended, for expenses incurred in such negotiations for, investigation of, preliminary work upon, or payments made on account of the contracts, works or projects so taken over by the authority, to the extent that the board of directors of the authority shall find that such expenditures have benefited such authority, it being the intention of this provision to permit the authority to purchase, and the public agency to sell, assign and transfer such contracts, works or projects taken over by such authority. The sum so to be paid by such authority to such public agency shall be such amount as may be mutually agreed upon. As an alternative to the purchase and sale of any contracts, works or projects taken over by the authority, as hereinabove provided, any public agency which shall have incurred expenses in negotiating contracts or in the investigation of or preliminary work upon any such works or projects or in making payments on account of any such contracts, works or projects taken over by the authority, may certify the amount thereof, without interest, to the board of directors of said authority at any time within four (4) years from the date of the incorporation of such authority, or the incurring of such expenses, if such authority be already incorporated, and if allowed by the board of directors, such amount shall be credited to the public agency which incurred the same, and such expenditures shall be considered as a payment of money made as herein provided for which deduction shall be made from the amount of taxes which would otherwise be levied against property lying within such public agency. Any public agency which shall incur expenses in preliminary work in preparing for the incorporation of or in the incorporation of any authority hereunder likewise may certify the amount thereof, without interest, to the board of directors of said authority at any time without four (4) years from the date of the incorporation of such authority, and if allowed by the board of directors, such amount shall be credited to the public agency incurring the same, and shall be considered as a payment of money made as herein provided, for which deduction shall be made from the amount of taxes which would otherwise be levied against property lying within such public agency.. No such payments of money made in lieu of taxes or otherwise, or such credit allowed by such board of directors, as hereinabove provided, shall apply to reduce the amount of taxes which would otherwise be levied against the property within such public agencies, respectively, to meet interest and sinking fund requirements on outstanding bonded indebtedness of such authority. Such certification and allowance shall be made on or before the first Monday in July, and the amount of money to be raised by taxation shall be computed with reference to the credit to be allowed as herein provided, but such credit may, in the discretion of the board of directors, be considered in connection with the amount of money to be raised by the next tax levy, or may be spread over subsequent years, not to exceed five. (i) Public agencies; delinquency; penalty. If any public agency shall fail to comply with the terms of the order relating to payments to be made to the authority in lieu of taxation, or if any public agency annexed to the authority shall fail to comply with the terms and conditions fixed by the board of directors and upon which such annexation occurred, the amount of the delinquency, plus a penalty of 8 percent shall be added to the taxes to be collected during the ensuing fiscal year, from the property within such delinquent public agency, and thereafter for a period of two (2) years no order or ordinance shall be sufficient to exempt the property in said public agency from taxation hereunder unless it be accompanied by payment in cash of the amount which would otherwise be collected from owners of property within the public agency, together with all moneys due but unpaid under any previous order, or annexation provision. (j) Construction. All provisions herein, or in any ordinance adopted pursuant hereto, relating to the respective times when the various acts pertaining to the levy of taxes are to be performed, are directory 14 only, and failure to perform any such act or acts within the time so specified shall not impair the legal authority herein conferred to perform all subsequent acts relating to the levy of such taxes. In the event that any of the provisions of law respecting the time and manner of assessing property for purposes of taxation, of equalizing such assessments, of certifying such assessed valuations to the taxing authorities, of making the tax levies, of certifying such tax levies to the proper authorities for extension upon the tax rolls, and for enforcement and collection of such taxes or of performing any other act regarding the assessment, levy or collection of taxes be amended, changed, repealed or newly enacted, and as a result thereof, it should appear to the board of directors of the authority that the time schedule provided herein respecting the levy of authority taxes be no longer consistent with such modified tax procedure, then said board of directors by ordinance may prescribe a new schedule setting forth the times when the various acts herein required to be done in levying authority taxes shall be performed. Nothing contained in this paragraph shall relieve the board of directors of its duty to provide adequate funds, by annual tax levies if necessary, to meet the interest and principal requirements of the bonded debts as they fall due. (k) Tax rate; amount of payment by public agency; claims for refunds. For the purpose of assessing and collecting, under the provisions of Section 9<a) of Article XIII of the Constitution of the State of California, the taxes levied by any authority incorporated hereunder, the rate for taxes levied for the preceding tax year, as such phrase is employed in said section of the Constitution, shall be the rate fixed for such preceding tax year by the board of directors of such authority pursuant to Section 9, subdivision (b) of this act In the event that any public agency, pursuant to the provisions of Section 9, subdivision (d) of this act, shall elect to pay the whole or any portion of the amount of taxes to be derived from the area of the authority within such public agency, as such amount shall have been fixed by resolution of the board of directors, a refund shall be made by the authority to each taxpayer thereof who shall have theretofore paid any tax collected under the provisions of said section of the Constitution, in the proportion that such public agency shall have so elected to pay the amount so to be derived. The board of directors shall adopt regulations providing for the presentation and audit and payment of claims for such refunds. No claim for such refund shall be granted unless such claim shall have been filed within one year from the date when the right to such refund shall have accrued. (Amended by Stats.1968, c. 424, p. 881, § 3; Stats.1971, c. 1499, p. 2959, § 3; Stats.1981, c. 874, p. 3357, § 2, eff. Sept. 27, 1981.) i 45-9.1. Reimbursement of lost tax revenues Sec. 9.1. Wherever, under any provision of law, state, county, or other public agency reimbursement is made for lost tax revenue to .taxing authorities by reason of any property tax exemption, or treatment or assessment of certain property in a manner different from that regularly done by a county for property generally, the loss of tax revenue to the authority by reason of public agencies within the authority paying out of their funds, other than funds derived from ad valorem property taxes, all or a stated percentage of the taxes levied by the authority shall be reimbursed by the state, county, or other public agency to the authority in the same manner as provided by law for other taxing authorities and to the same extent as if all of the taxes of the authority had been carried on the county assessment rol In the case of reimbursement for lost revenue due to reduction of property taxes on business inventories, the authority's right to reimbursement is effective only insofar as the county receives reimbursement from the state. (Added by Stats.1971, c. 1499, p. 2965, § 4.) Library References States «=124. CJ£. States S 155. S 45-10. Annexation Sec. 10. (a) Definitions. For the purposes of this section, the following definitions apply to the terms used; the term "city" means and includes any municipal corporation or municipality of the State of California, whether organized under a freeholder's charter or under the provisions of general law of the type and class of cities and incorporated towns; the term "water district" means and includes any municipal water district, municipal utility district, public utility district, county water district, irrigation district, or any other public corporation or agency of the State of California of similar character. (b) Methods of annexation. Territory may be annexed to any county water authority organized under this act by one of the following methods: (1) By annexation to, or consolidation with, the area of any city, the area of which, as a separate unit, has become a part of any county water authority organized under this act, the annexation or consolidation to occur upon compliance with the provisions of law governing the annexation to, or consolidation with, the area of the city. Upon completion of the annexation to, or consolidation with, the city in compliance with the provisions of law applicable thereto, the territory shall become, and be. a part of the county water authority, and the taxable property therein shall be subject to taxation thereafter for the purposes of the county water authority, including the payment of bonds and other obligations of the authority at the time authorized or outstanding. 15 (2) By annexation to, or consolidation with, any city which, as a separate unit, has become a part of any water district whose area, as a separate unit, has become a part of any county water authority organized under this act, in instances where, under the applicable provisions of law governing1 the change of boundaries of the water district the annexation or consolidation automatically will result in the enlargement of the area of the water district, the annexation or consolidation to occur upon compliance with the provisions of law governing the annexation to, or consolidation with, the area of the city. Upon completion of the annexation to, or consolidation with, the city in compliance with the provisions of In- applicable thereto, the territory shall become, and be, a.part of the water district and of the county water authority, and the taxable property therein shall be subject to taxation thereafter for the purposes of the water district and of the county water authority, including the payment of bonds and other obligations of the water district and of the county water authority at the time authorized or outstanding. If any territory has been so annexed to, or consolidated with, any city prior to the effective date of this paragraph, under conditions which would have resulted in the enlargement of the area of the county water authority had this paragraph then been in effect, upon compliance with the following provisions of this paragraph, the territory shall be annexed to, and shall become and be part of, the county water authority and shall be a part of the water district for all purposes, the last-mentioned provisions being as follows: (A) The governing body of the city, at any time after the effective date of this paragraph, may adopt an ordinance which, after reciting that the territory has been annexed to, or consolidated with, the city by proceedings previously taken under statutory authority, and after referring to the applicable statutes and to the date and place of filing of the certificate or certificates evidencing the annexation or consolidation, shall describe the territory and shall determine and declare that the territory shall be, and thereby is, annexed to the county water authority, and the ordinance shall further determine and declare that the territory shall become and be, and thereby is, a pan of the county water authority, and shall be, and thereby is, a part of the water district for all purposes. (B) The governing body, or clerk thereof, of the city shall file a certified copy of the ordinance with the Secretary of State. Upon the filing of the certified copy of the ordinance in the office of the Secretary of State, the territory shall become, and be, a part of the county water authority and shall be a part of the water district for all purposes, and the taxable property therein shall be subject to taxation thereafter for the purposes of the county water authority and of the water district, including the payment of bonds and other obligations of the county water authority at the time authorized or outstanding. (C) Upon the filing of the certified copy of the ordinance, the Secretary of State shall, within 10 days, issue a certificate, describing the territory, reciting the filing of the certified copy of the ordinance and the annexation of the territory to the county water authority, and declaring that the territory is a pan of the county water authority and of the water district The Secretary of State shall transmit the original of the certificate to the secretary of the county water authority and a duplicate of the original certificate to the clerk of the governing body of the water district and shall forward a certified copy of the certificate to the county clerk of the county in which the county water authority is situated. (3) Upon terms and conditions fixed by the board of directors of the county water authority and in the manner provided in subdivision (c), by direct annexation, as a separate unit, of the corporate area of any water district or city. (4) Upon terms and conditions fixed by the board of directors of the county-water authority and in the manner provided in subdivision (d), by annexation to, or consolidation with, any water district, the area of which, in whole or in part, is included within the county water authority as a separate unit; provided that unless the territory is so annexed to the county water authority with the consent of the board of directors, the annexation of territory to, or the consolidation of, the territory with the water district does not authorize or entitle the water district or the territory to demand or receive any water from the county water authority for use in the territory; and provided further, that except where automatic annexation results under the conditions specified in paragraph (2), nothing in this act prevents the annexation of territory to. or the consolidation of, territory with, any water district for its local purposes only and without annexing the territory to the county water authority, and the local annexation or consolidation may occur without requesting or obtaining the consent thereto of the board of directors of the county water authority. (c) Water district or city. The governing body of any water district or city may apply to the board of directors of the county water authority for consent to annex the corporate area of the water district or city to the county water authority. The board of directors may grant or deny the application and. in granting the application, may fix the terms and conditions upon which the corporate area of the water district or city may be annexed to, and become a part of, the county water authority. These terms and conditions may provide, among other things, for the levy by the county water authority of special taxes upon taxable property within the water district or city, in addition to the taxes authorized to be levied by the county water authority by other provisions of this act In case these terms and conditions provide for the levy of these special taxes, the board of directors, in fixing these terms and conditions, shall specify the aggregate amount to be so raised and the number of years prescribed for raising the aggregate sum, and that substantially equal annual levies will be made for the purpose of raising the sum over the period so prescribed. The action of the board of directors, evidenced by resolution, shall be promptly transmitted to the governing body of the applying water district or city and, if the action grants consent to the annexation, the governing body may thereupon submit, to the qualified electors of the water district or city at any general or special election held therein, the proposition of the annexation subject to the terms and conditions. Notice of the election shall be mailed to each voter qualified to vote at the election and shall be given by posting or publication. When notice is given by posting, the notices shall be posted at least 10 days and in three public places in the water district or city. When notice is given by 16 publication, the notice shall be published in the water district or city pursuant to Section 6061 of the Government Code, at least 10 days before the date fixed for the election. The notice shall contain the substance of the terms and conditions fixed by the board of directors. The election shall be conducted and the returns thereof canvassed in the manner provided by law for elections in the water district or city. If the proposition receives the affirmative vote of a majority of electors of the water district or city voting thereon at the election, the governing body of the water district or city shall certify the result of the election on the proposition to the board of directors of the county water authority, together with a legal description of the boundaries of the corporate area of the water district or city, accompanied by a map or plat indicating those boundaries. A certificate of proceedings shall be made by the secretary of the county water authority and filed with the Secretary of State. Upon the filing thereof in the office of1 the Secretary of State, the corporate area of the water district or city shall become, and be, an integral part of the county water authority, and the taxable property therein shall be subject to taxation ' thereafter for the purposes of the county water authority, including the payment of bonds and other obligations of the county water authority at the time authorized or outstanding, and the board of directors . of the county water authority may do all things necessary to enforce and make effective the terms and conditions of annexation fixed as authorized. Upon the filing of the certificate of proceedings, the ...,, Secretary of State shall, within 10 days, issue a certificate, reciting the filing of the papers and the annexation of the corporate area of the water district or city to the county water authority. The Secretary of State shall transmit the original of the certificate to the secretary of the county water "' authority and shall forward a certified copy thereof to the county clerk of the county in which the county water authority is situated.i*l (1) If a water district applies to a county water authority for consent to annex its corporate area, as a separate unit, the water district shall include as a part of its corporate area the corporate areas of any """» cities (whether one or more) which are already included within the county water authority as separate units, or the water district shall include as a part of its corporate area the corporate areas, or portion ** thereof, already included within the county water authority, of any water districts (whether one or more) whose corporate areas, in whole or in part, are already included within the county water authority as MH separate units. That -fact shall be taken into consideration by the board of directors of the county water authority in fixing the terms and conditions upon which the applying water district may be annexed to the — county water authority, to the end that the areas within the unit member cities or water districts which are already a part of the county water authority, shall not be required to assume any greater financial burden or obligation to the county water authority than they would have had if they had remained a part *"* of the county water authority as separate units. M Concurrently with any election called by an applying water district to submit to the qualified electors of the water district the question of whether the terms and conditions fixed by the board of directors of the county water authority for annexation shall be approved, the governing bodies of the unit member cities —' or water districts may call and hold elections within their respective corporate limits or portions thereof already included within the county water authority, to determine whether or not the cities or water •w - districts shall withdraw from the county water authority as separate units, and the proposed withdrawal may be made and submitted conditioned upon and effective when the applying water district has finally ,_ been annexed to the county water authority. The effect of the concurrent elections, if a majority of the electors of the applying water district voting «• thereat vote in favor of annexation, and a majority of the electors of the unit member cities or water districts voting thereat vote in favor of withdrawing, shall be that the annexing water district thereafter ^ shall be authorized to exercise the privileges and to discharge the duties prescribed in this act for public """ agencies whose areas, as separate units, are included within the county water authority, in place of and instead of the cities or water districts so withdrawing. Notwithstanding Section 11 of this act, the areas *** within the withdrawing cities or water districts shall remain a part of the county water authority and shall not be excluded therefrom, notwithstanding the fact that the cities or water districts, as corporatexii entities, have withdrawn from the-authority. If the water district does annex to the county water authority, the directors representing the ** withdrawing cities or water districts on the board of directors of the county water authority shall continue to act until their successors have been chosen and designated by the appropriate officers of the annexing ,» water district and have qualified as members of the board of directors of the county water authority, after which time the directors representing the withdrawing cities or water districts shall no longer sit or vote m on the board. (2) If a water district applies to a county water authority for consent to annex its corporate area as a .^ separate unit, the water district shall include as a part of its corporate area lands which are in public ownership exempt from taxation by a county water authority, and not within or adjacent to the area ^ within the water district served with water by the district, and which are not to be supplied by the water district with water obtained from, and by reason of, its annexation to the county water authority. That fact may be taken into consideration by the board of directors of the county water authority in fixing the *• terms and conditions upon which the water district may be annexed to the county water authority and in determining the boundaries of the area to be annexed, and the county water authority may, in the *> discretion of its board of directors, annex all of the corporate area of the water district as a separate unit excepting that portion consisting of the publicly owned and tax-exempt lands. 17 (d) Water district within or partly within authority as a separate unit The governing body of any water district, the area of which, in whole or in part, is included within a county water authority as a separate unit, may apply to the board of directors of the county water authority for consent to annex to the county water authority territory which the water district seeks to annex to, or consolidate with, the water district, or territory which, without making the territory a part of the county water authority, already has been annexed to, or consolidated with, the water district. The board of directors may grant or deny the application and, in granting the application, may fix the terms and conditions upon which the territory .may be annexed to, and become a part of, "the county water authority. The terms and , conditions may provide, among other things, for the levy by the county water authority of special taxes upon taxable property within the territory in addition to the taxes authorized to be levied by the county water authority by other provisions of this act In case the terms and conditions provide for the levy of ' those special taxes, the board of directors, in fixing those terms and conditions, shall specify the aggregate amount to be so raised and the number of years prescribed for raising that aggregate sum and that substantially equal annual levies will be made for the purpose of raising that sum over the period so prescribed. The action of the board of directors evidenced by resolution shall be promptly transmitted to . the governing body of the applying water district and to the executive officer of the local agency formation commission of the county in which the county water authority is situated, who may defer the M issuance of a certificate of filing until receipt of that resolution, and if the action grants consent to the annexation, the territory may be annexed to the county water authority as provided in paragraph (1) or (2).n •*!(1) If the territory has not been previously annexed to, or consolidated with, the water district, upon iy completion of the annexation to, or consolidation with, the water district in compliance with the provisions of law applicable thereto, including this section, the territory shall become and be a part of the county water authority and the taxable property therein shall be subject to taxation thereafter for the purposes """ of the county water authority, including the payment of bonds and other obligations of the county water authority at the tune authorized or outstanding, and the board of directors of the county water authority M) may do all things necessary to enforce and make effective the terms and conditions of annexation fixed; provided that, if the applicable provisions of law governing the annexation to, or consolidation with the ^ water district require any notice of any election called for the purpose of determining whether the proposed annexation or consolidation shall occur, or shall require any notice of bearing or other notice to M be given to the residents or electors of, or owners of property in, the territory, the notice shall contain the substance of the terms and conditions of annexation to the county water authority fixed by the board of directors of the county water authority; and provided further, that the local agency formation commission "* shall require that the annexation to the water district be subject to the terms and conditions fixed by the board of directors of the county water authority in addition to any other terms and conditions that may •«" be required by the commission; and provided further, that the executive officer of the local agency formation commission having the duty of preparing, executing, and filing a certificate of completion „•, resulting in the annexation to, or consolidation with, the water district, pursuant to the provisions of law applicable thereto, shall include in the certificate of completion the terms and conditions fixed by the M board of directors of the county water authority in accordance with the provisions of this act, and shall file a duplicate of the certificate with the board of directors of the county water authority. mm (2) If the territory sought to be annexed to a county water authority has been previously annexed to, or consolidated with, the water district the governing body of the water district upon being advised of the action of the board of directors of the county water authority, and if the action grants consent to the annexation, may submit to the qualified electors of the territory, if the territory has 12 or more registered voters, at any general or special election held therein, the proposition of the annexation to the county *•• water authority subject to the terms and conditions fixed by the board of directors of the county water authority. Notice of the election shall be given by publication. When the notice is given by posting, the «* notice shall be posted at least 10 days and in three public places in the territory. When the notice is given by publication, the notice shall be published in the water district pursuant to Section 6061 of the .^ Government Code at least 10 days before the date fixed for the election. The notice shall contain thesubstance of the terms and conditions fixed by the board of directors. The election shall be conducted and the returns thereof canvassed by the governing body of the water district in the manner provided by "** law for elections in the water district If the proposition receives the affirmative vote of a majority of electors of the territory voting thereon at the election, the governing body of the water district shall —• certify the result of the election on the proposition to the board of directors of the county water authority. If the territory has less than 12 registered voters, no election shall be required, and, following written •w notice to each owner of property shown on the last equalized assessment roll and the holding of a hearing not less than 10 days after that notice, the annexation may be approved upon the written consent of the _ owners of more than 50 percent of the assessed valuation of the territory. A certificate of proceedings shall be made by the secretary- of the county water authority and filed with the Secretary of State. Upon — the filing thereof in the office of the Secretary of State, the territory shall become, and be, a part of the county water authority, and the taxable property therein shall- be subject to taxation thereafter for the purposes of the county water authority, including the payment of bonds and other obligations of the *» county water authority at the time authorized or outstanding, and the board of directors of the county water authority may do all things necessary to enforce and make effective the terms and conditions of <•> annexation of the territory to the county water authority fixed by its board of directors. Upon the filing of the certificate of proceedings, the Secretary of State shall, within 10 days, issue a certificate reciting ^ the filing of the papers and the annexation of the territory to the county water authority. The Secretary of State shall transmit the original of the certificate to the secretary of the county water authority and — shall forward a certified copy thereof to the county clerk of the county in which the county water authority is situated. 18 (e) Corporate area within authority as a separate unit. Should the corporate area, or all portions thereof already included within a county water authority, of any water district or city, the corporate area of which, in whole or in part, already is included within the county water authority as a separate unit, annex to a water district or city the corporate area of which, in whole or in part, already is a part of the county water authority as a separate unit, upon the completion of the annexation pursuant to the law pertaining thereto, the water district or city, the corporate area (or portions thereof) of which is so annexed, shall automatically cease to be a separate unit member of the county water authority, but the corporate area (or portions thereof) shall remain a part of the county water authority as a part of the unit member water district or city to which it was annexed. The executive officer of the local agency formation commission having the duty of preparing, executing, and filing the certificate of completion shall file, in addition to any other filings that may be required by law, a duplicate of the certificate with the board of directors of the county water authority. Should any water district or city, the corporate area of which, in whole or in part, already is included within a county water authority as a separate unit, consolidate with a water district or city the corporate area of which, in whole or in part, already is a part of the county water authority as a separate unit ^ under the provisions of any law by the terms of which, after consolidation, a new district or city will result and the former water districts or cities participating in the consolidation shall no longer exist, the resulting new water district or city shall be substituted for the water districts or cities whose corporate "| existence has been terminated by the consolidation as a unit member of the county water authority, and the corporate areas (or portions thereof) of the former water district or cities shall remain a part of the ••>«< county water authority as a part of the consolidation. The executive officer of the local agency formation commission having the duty of preparing, executing, and filing a certificate of completion shall file, in .^ addition to any other filings that may be required by law, a duplicate of the certificate with the board of directors of the county water authority. **< (f) Action to test validity of proceedings; limitation. The validity of any proceedings for the annexation to any county water authority organized under this act, of the corporate area of a water ^ district or city as a separate unit, or of territory annexed to, or consolidated with, a water district or city which, as a unit, has been included within a county water authority, shall not be contested in any action ^ unless the action has been brought within three months after the completion of the annexation or, in case the annexation is completed prior to the time that this subdivision takes effect, then within three months after this subdivision became effective.mm (g) Statement of boundary changes. Whenever territory is annexed to or consolidated with any M water district, the corporate area of which, as a unit, has become a part of any county water authority organized under this act, regardless of whether the territory is annexed to and becomes a part of the county water authority, or whenever territory is annexed to any city under the conditions specified in ** paragraph (1) or (2) of subdivision (b), or whenever territory previously annexed £o any city is annexed to the county water authority under the conditions specified in paragraph (2) of subdivision (b), the *"* - governing or legislative body, or clerk thereof, of the water district or city, shall file with the board of directors of the county water authority a statement of the change of boundaries of the water district or *• city, setting forth the legal description of the boundaries of the water district or city, as so changed, and of the part thereof within the county water authority, which statement shall be accompanied by a map or — plat indicating those boundaries. (h) Effect upon district annexed. The inclusion in a county water authority of the corporate area, in _. whole or in part, of any municipal water district, municipal utility district, public utility district, county water district, irrigation district, or other public corporation or agency of the state of similar character, — referred to in Section 2, shall not destroy the identity or legal existence or impair the powers of any municipal water district, municipal utility district, public utility district, county water district, irrigation district, or other public corporation or agency of the state of similar character, notwithstanding the **"" identity of purpose or substantial identity of purpose of the county water authority. — (i) Directors; definitions; water charges. In determining the number of members of the board of directors of a county water authority organized under this act, and the number of votes to be cast by the directors, from the component public agencies, the corporate areas of which, in whole or in part, are "~ included as units within the county water authority, there shall be considered only the assessed valuation of the property taxable for county water authority purposes lying in the public agencies and in the county ••* water authority. The directors shall be appointed by the chief executive officers, with the consent and approval of the governing bodies, of the component public agencies, respectively, without regard to „, whether the chief executive officers or members of the governing bodies have been chosen from, or represent, areas of their respective public agencies which lie outside of the county water authority. The gg phrase "any water district, the corporate area of which is included within the county water authority" and the phrase "each city, the area of which shall be a part of any county water authority incorporated under this act," and like phrases, used elsewhere in this act, shall be deemed to mean and refer to any water ** district or city, the corporate area of which, either in whole or in part, is included within the county water authority, but the duties and obligations of the county water authority shall extend only to that part of i" the corporate area of the water district or city which lie within the county water authority. As to the water district, city, or public agency, the corporate area of which lies partly within and partly without the ,«, county water authority, the word "therein" and the phrase "within the city* and like words and phrases, used elsewhere in this act, shall be deemed to mean and refer to that part of the corporate area of the 19 water district, city, or'public agency which lies within the county water authority. The charges for water supplied by the county water authority to any component public agency, pursuant to its request, shall be and become an obligation of the public agency, regardless of whether the entire" corporate area of the public agency is included within the county water authority, and the county water authority, in administrative and contractual matters, shall deal with the chief executive officers and governing bodies and other proper officials of the component public agencies as chosen or constituted under applicable laws governing the respective public agencies. (Amended by Stats.1985, c. 140S. § 2, eff. Oct. 1, 1985.)... „ I 45-10.1 Annexation; special tax levy; payment of amount specified to authority; effect Sec. 10.1. Where territory is annexed to a county water authority pursuant to any of the provisions of Section 10 of this act upon terms and conditions providing for the levy of special taxes upon taxable property within such annexed territory and specifying the aggregate amount to be raised by such taxes, the governing body of the public agency of which such territory is a part may pay to the county water authority the amount so specified, or any balance thereof for which snch special tax has not been levied at the time of payment Upon receipt of snch payment the amount paid shall be credited to the obligation fixed by the terms and conditions of the annexation of snch territory to snch county water authority, in the same manner and with the same effect as though collected by the levy of special taxes for snch purpose, and snch payment shall terminate the right and obligation of snch county water authority to levy the special taxes provided for in such terms and conditions of annexation. (Added Stata.1957. c, 1356, p. 2685. | 2.) Library Reference* Water* and Water Courses «=1MH. C.J.S. Water* I 243. § 45-10.2. Annexation of territory within federal military reservation to county water authority Sec. 10.2. (a) Notwithstanding any other provisions of this act, territory within a federal military reservation may be annexed to any county water authority organized hereunder as a single member of an authority in the manner provided in this section. As used in this section, "federal military reservation" or "military reservation" means a single federal military reservation or separate but contiguous federal military reservations which are jointly annexed to a county water authority as a single member agency of an authority. (b) Proceedings for the annexation of a military reservation shall be initiated by the adoption by the board of directors of an authority of a resolution proposing annexation of a military reservation to an authority as a member of an authority. (c) The resolution proposing the annexation may provide that the annexation shall include one or more separate areas,- which may be separately identified for assessing and tax collecting purposes, and that each such area may be subject to one or more of the following terms and conditions: (1) The fixing and establishment of priorities for the use of, or right to use, water, or capacity rights in any public improvement or facilities, and the determination of, or limitation on, the quantity of, the purposes for which, and the places where, water may be delivered by the authority to the military reservation for military purposes and uses incidental thereto, as well as for nonmilitary purposes. (2) The levying by the authority of special taxes upon any private leasehold, possessory interest or other taxable, property within the territory annexed, and the imposition and collection of special fees or charges prior to such annexation. _ (3) Should portions of any area annexed hereunder be subsequently made available for nonmilitary purposes not in existence at the time of the annexation of such area, the board of directors of the authority may impose new terms and conditions for any subsequent service of water, directly or indirectly, by the authority to such area, including the separation of such an area for assessing and tax collecting purposes and the levying by the authority of special taxes on such portions. (4) The effective date of the annexation. (5) Any other matters necessary or incidental to any of the foregoing. (d) A certified copy of the resolution proposing annexation shall be sent to the official in authority over the military reservation. If the military reservation consents in writing to the annexation and to the terms and conditions established by the board of directors, the board may, by resolution, order the annexation to the authority of the territory situated within the -military reservation, subject to said terms and conditions. (e) A certificate of proceedings taken hereunder shall be made by the secretary of the authority and filed with the Secretary of State. Upon the filing in his office of the certificate of proceedings, the Secretary of State shall, within 10 days, issue a certificate reciting the filing of such papers in his office and the annexation of the territory to the authority. The Secretary of State shall transmit the original of said certificate to the secretary of the authority and shall forward a certified copy thereof to the county clerk of each county in which the authority is situated. (f) Upon the filing of the certificate of proceedings with the Secretary of State, or upon the effective date of the annexation provided for in the terms and conditions, whichever is later, the territory within .the military reservation shall become and be an integral part of the authority, and the taxable property therein shall be subject to taxation thereafter for the purposes of said authority, including the payment of bonds and other obligations of the authority at the time authorized or outstanding, and the board of 20 directors of the authority shall be empowered to do aO things necessary to enforce and make effective the terms and conditions of annexation fixed as hereinabove authorized. (g) On and after the effective date of the annexation, the military reservation shall be a separate unit member of the authority and shall be entitled to one representative on the board of directors of the authority. Such representative shall be designated and appointed by the official in authority over the military reservation, shall hold office for a term of six years or until his successor is appointed and qualified, and may be recalled by such official. As a member of the board of directors, the representative of the military reservation shall be entitled to cast one vote on all questions, orders, resolutions and ordinances coming before, the board notwithstanding the assessed valuation of property taxable for authority purposes within the military reservation. (h) The transfer of ownership of the fee title of a military reservation, or of any portion thereof, to nonmilitary ownership after annexation to the authority pursuant to this section shall result in the automatic exclusion from the authority of the territory transferred to such ownership. (i) If a county water authority is a member public agency of a metropolitan water district organized under the Metropolitan Water District Act (Chapter 200 of the Statutes of 1969), such metropolitan water district may impose any or all of the terms and conditions that may be imposed by a county water authority pursuant to subdivisions (a) through (h) of this section in any resolution fixing the terms and conditions for the concurrent annexation of territory in a military reservation. (Added by Stats.1976, c. 1457, p. 6531, § 3.) 5 45-10.3. Public agency within unit of county water authority, procedure to become separate unit Sec. 10.3. (a) A public agency whose corporate area is wholly within the corporate area of another public agency which is already included within a county water authority as a separate unit, may also become a separate unit of such county water authority in the manner provided in this section. (1) The governing body of a public agency seeking status as a separate unit of a county water authority shall apply by resolution to the board of directors of such county water authority for consent to detach its corporate area from the' existing separate unit of which it is a part and to become a separate unit of such county water authority. (2) The board of directors of the county water authority may grant or deny such application and in granting the same may fix the terms and conditions upon which such applying public agency may become a separate unit of the county water authority; provided, however, that such consent shall not be given unless and until by resolution the governing body of the existing separate unit of the county water authority also gives its consent to the proposed detachment of such territory and to the applying public agency becoming a separate unit of such county water authority. (3) Proceedings for the detachment of the corporate area of the public agency seeking status as a separate unit of the county water authority from the corporate area of the existing separate unit shall be conducted in the manner prescribed by law, provided, however, that the effective date of such detachment shall be after the completion of the proceedings provided by paragraph (4.) of this subdivision. (4) The detachment of the corporate area of the public agency seeking status as a separate unit from the corporate area of the existing separate unit shall not be effective until the secretary of the agency seeking status as a separate unit has filed with the secretary of the county water authority a certificate certifying the completion of all requirements of law for such detachment. A certificate of proceedings hereunder shall thereupon be prepared by the secretary of the county water authority and filed with the ."Secretary of State. Upon filinp of such certificate of proceedings with the Secretary of State or upon the effective date of the detachment as set forth in any terms and conditions applicable thereto, whichever is later, the corporate area of the agency seeking separate unit status shall thereupon become a separate unit of the county water authority and shall have ill of the rights and privileges thereof. (b) Notwithstanding anything to the contrary in Section 11 of this act, if proceedings are conducted in accordance with this section, the territory detached from the existing separate unit of the county water authority shall remain at all times a part of the corporate area of such authority. (Added by Stats.1979, c. 22, p. 67, § 1, eff. April 5, 1979.) Library References Waters and Water Courses *»183!i CJ.S. Waters § 243. § 45-11. Exclusion of territory Sec. 11. (a) Methods. Exclusion of territory from any county water authority may be effected by either of the following methods: (1) Territory excluded from the portion of the corporate area of any public agency which lies within the exterior boundaries of a county water authority, the public agency being a unit of the authority, and which exclusion occurs in accordance with the provisions of law applicable to those exclusions, shall thereby be excluded from and shall no longer be * part of the authority; provided, that the taxable property within the excluded territory shall continue to be taxable by the county water authority for the purpose of paying the bonded or other indebtedness outstanding or contracted for at the time of the exclusion and until the bonded or other indebtedness has been satisfied; provided further, that if the 21 taxable property within the excluded territory or any part thereof shall be, at the time of the exclusion, subject to special taxes levied, or to be levied, by the county water authority pursuant to terms and conditions previously fixed under paragraph subdivision (c) or (d) of Section 10 for the annexation of the excluded territory or part thereof to the county water authority, the taxable property within the excluded territory or part thereof so subject to those special taxes shall continue to be taxable by the county water authority for the purpose of raising the aggregate sums to be raised by the levy of special taxes upon taxable property within the respective annexing areas pursuant to terms and conditions for the annexation or annexations as so fixed and until the aggregate sums have been so raised by the special tax levies. — Exclusion of territory from a county water authority pursuant to this paragraph shall not occur if two or more public agencies that are included in a county water authority as separate units are subject to a reorganization of their boundaries under applicable provisions of law which would result in an exchange or transfer, but not an overlapping, of territory that is entirely within the county water authority. The boundaries of those agencies within the county water authority, upon that reorganization and the filing with the secretary of the county water authority of a copy of the certificate of completion prepared, executed, and filed by the executive officer of the local agency formation commission responsible therefor constitute the boundaries of the agencies for all purposes of the county water authority, without action by the board of directors of the county water authority. If the exchange includes territory subject to special conditions and tax levies pursuant to the terms of annexation at the time the territory became a part of the county water authority, the territory shall continue to be subject to those conditions and to be taxable by the county water authority or those levies. From and after the effective date of the inclusion of the territory by the including public agency, the territory shall be considered to be a part of the corporate area of the including agency; provided, however, that, if the taxable property within the territory, or any portion thereof, is subject to special taxes levied or to be levied by the county water authority pursuant to terms and conditions previously fixed under subdivision (c) or (d) of Section 10 for the annexation of the territory or portion thereof to the county water authority, then the taxable property within the territory shall continue to be taxable by the county water authority for the purpose of raising the aggregate sums to be raised by the levy of the special taxes pursuant to the terms and conditions for the annexation or annexations as so fixed and until the aggregate sums have been so raised by the special tax levy. (2) Any public agency whose corporate area as a unit has become or is a part of any county water authority may obtain the exclusion of the area therefrom in the following manner: The governing body of any public agency may submit to the electors thereof at any general or special election the proposition of excluding from the county water authority the corporate area of the public agency. Notice of the election shall be given in the manner provided in subdivision (c) of Section 10. The election shall be conducted and the returns thereof canvassed in the manner provided by law for the conduct of elections in the public agency. If a majority of electors voting thereon vote in favor of withdrawal, the result thereof shall be certified by the governing body of the public agency to the board of directors of the county water authority. A certificate of the nroceedines shall be made by the secretary of the county water authority and filed with the Secretary of State. Upon the filing of the certificate, the corporate area of the public agency shall be excluded from the county water authority and shall no longer be a part thereof; provided, that the taxable property within the excluded area shall continue to be taxable by the county water authority for the purpose of paying the bonded and other indebtedness of the county water authority outstanding or contracted for at the time of the exclusion and until the bonded or other indebtedness has been satisfied; provided further, that if the taxable property within the excluded area or any part thereof is, at the time of the exclusion, subject to special taxes levied or to be levied by the county water authority pursuant to the terms and conditions previously fixed under subdivision (c) or (d) of Section 10 for the annexation of the excluded area or part thereof to the county water authority, the taxable property within the excluded area or part thereof so subject to the special taxes shall continue to be taxable by the county water authority SOT the purpose of raising the aggregate sums to be raised by the levy of special taxes upon taxable property within the respective annexing areas pursuant to the terms and conditions for the annexation or annexations as so fixed and until the aggregate sums have been so raised by the special tax levies. Upon the filing of the certificate of proceedings, the Secretary of State shall, within 10 days, issue a certificate reciting the filing of the papers in his or her office and the exclusion of the corporate area of the public agency from the county water authority. The Secretary of State shall transmit the original of the certificate to the secretary of the county water authority and shall forward a certified copy thereof to the county clerk of the county in which the county water authority is situated. (b) Statement of boundary changes. Whenever territory is excluded from any public agency in accordance with paragraph (1) of subdivision (a), the governing body, or clerk thereof, of the public agency shall file with the board of directors of the county water authority a statement of the change of boundaries of the public agency, setting forth the legal description of the boundaries of the public agency, as so changed, and of the part thereof within the county water authority, which statement shall be accompanied by a map or plat indicating the boundaries. (c) Previously excluded territory. Whenever any territory has been excluded from any public agency prior to the effective date of this section, under conditions which would have resulted in the exclusion of the territory from a county water authority had paragraph (1) of subdivision (a) then been in effect, upon compliance with the following provisions of this paragraph, the territory shall be excluded from and shall no longer be a part of, the authority, the last-mentioned provisions being as follows: 22 (1) The governing body of the public agency may adopt an ordinance which, after reciting that th« territory has been excluded from the public agency by proceedings previously taken under statutory authority, and after referring to the applicable statutes and to the date or dates upon which the exclusion became effective, shaD describe the territory and shall determine and declare that the territory shall be. and thereby is, excluded from the county water authority. (2) The governing body, or clerk thereof, of the public agency shall file a certified copy of the ordinance with the Secretary of State. Upon the filing of the certified~copy of the ordinance in the office of the Secretary of State, the territory shall be excluded from, and shall no longer be a part of. the county water authority, provided, that the taxable property within the excluded territory shall continue to be taxable by the county water authority for the purpose of paying the bonded or other indebtedness outstanding or contracted for at the time of the exclusion, and until the bonded or other indebtedness has been satisfied; provided further, that if the taxable property within the excluded territory or any part thereof is, at the time of the exclusion, subject to special taxes levied or to be levied by the county water authority pursuant to terms and conditions previously fixed under subdivision (c) or (d) of Section 10 for the annexation of the excluded territory or part thereof to the county water authority, the taxable property within the excluded territory or part thereof so subject to the special taxes shall continue to be taxable by the county water authority for the purpose of raising the aggregate sums to be raised by the levy of special taxes upon taxable property within the respective annexing areas pursuant to_the terms and conditions for the annexation or annexations as so fixed, and until the aggregate sums have been so raised by the special tax levies. (3) Upon the filing of the certified copy of the ordinance, the Secretary of State shall, within 10 days issue a certificate describing the territory, reciting the filing of certified copy of the ordinance and the exclusion of the territory from the county water authority, and declaring that the territory is no longer a part of the county water authority. The Secretary of State shall transmit the original of the certificate to the secretary of the county water authority and shall forward a certified copy of the certificate to the county clerk of the county in which the county water authority is situated. (d) Territory exchanged or transferred among public agencies. Whenever any territory has been exchanged or transferred pursuant to law prior to January 1, 1986, among two or more public agencies that are included in a county water authority as separate units, the territory shall not be deemed excluded from the county water authority, notwithstanding the failure of the county water authority to give its consent to the exchange or transfer of the territory, if there has been filed with the board of directors of the county water authority prior to January 1. 1986- » statement of the change of boundaries of the agencies, as so changed, and of the part within the county water authority, which statement shall be accompanied by a map or plat indicating those boundaries. (Amended by Stats.1985, c. 1408, 5 3, eff. Oct. 1, 1985.) § 45-11.1 Territory within multiple public agencies In authority as separate units Sec. 11.1. Any territory within a county water authority which lies within two or more public agencies, the corporate areas of which arc included within such county water authority as separate units, shall, subject to the conditions hereinaf- ter provided, for the purposes of this act and for all related purposes (other than lo- cal purposes of such public agencies) involving in any manner the respective territo- rial boundaries and jurisdiction of such public agencies, be considered to be a part of the respective public agency which will supply water to such overlapping territo- ry, as determined in the manner provided herein; provided, that if the taxable property within such overlapping territory or any portion thereof shall be subject to special taxes levied or to be levied by such county water authority pursuant to terms and conditions theretofore-fixed under the provisions of paragraph (c) or par- agraph (d) of Section 10 of this act for the annexation of such overlapping territory or portion thereof to such county water authority, then such taxable property with- in such overlapping territory shall continue taxable by such county water authority for the purpose of raising the aggregate sum or sums to be raised by the levy of such special taxes pursuant to terms and conditions for such annexation or annexa- tions as so fixed and until such aggregate sum or sums shall have been so raised by such special tax levies; and provided, further, that the public agency of which such overlapping territory shall be considered to be a part shall be determined in the following manner and subject to the following conditions: (1) The governing body of each public agency in which any such overlapping ter- ritory lies, shall, on or before October 1st of any calendar year, file with the board of directors of the authority a certified copy of a resolution of such governing body which shall contain a legal description of any such overlapping territory or portion thereof which will be supplied with water by such public agency during the next ensuing fiscal year commencing July 1st nest following, and such certified copy of such resolution so filed shall be accompanied by a map or plat showing the respec- tive boundaries of each overlapping territory or portion thereof so to be supplied with water by such public agency. 23 (2) On or before November 1st of such calendar year, the board of directors of the authority shall consider all documents so filed with the authority as required under subparagraph (1) above, and by resolution shall determine which public agon- cy will supply water to each such overlapping territory or portion thereof during the next ensuing fiscal year commencing July 1st nest following: In the event that the board of directors of the authority, from the evidence submitted, cannot deter- mine which public agency will supply water to any overlapping territory or portion thereof, then the board of directors shall determine that such overlapping territory or portion thereof shall be considered to be a part of, and shall designate, the pub- lic agency within which such overlapping territory or portion thereof first was In-eluded; and such resolution shall contain a legal description of each such overlap- ping territory or portion thereof respecting which any such determination is made. (3) The board of directors of the authority, on or before November 20th of such calendar year, shall file with the county assessor of the county In which such over- lapping territory shall lie and with the State Board of Equalization and in the event that such county water authority shall be included within a metropolitan wa- ter district as a separate unit then also with the board of directors of such metro- politan water district, a certified copy of such resolution of the board of directors of the authority so determining the matters required to be determined by it under subparagraph (2) above, accompanied by map or maps or plat or plats showing the respective boundaries of each overlapping territory or portion thereof described In such resolution. (4) Any determination made by the board of directors of the authority and evi- denced by the filing of the documents required by subparagraph (3) hereof shall be effective until changed by later determination by said board of directors and the ev- idencing thereof by the filing of the required documents. (5) Any overlapping territory or portion thereof respecting which no determina- tion shall have been made by the board of directors of the authority and evidenced by the filing of the documents required by subparagraph (3) hereof shall be consid- ercd to be a part of the public agency within which such overlapping territory or portion thereof first was included. (Added Stats.1951, c. 99", p. 2631, g 2.) 5 45-12. Repealed by StaU.1970, c. 447, p. 896, S 23 § 45-13. Administrative authority Sec. 13. All matters and things necessary for the proper administration of the affairs of the authority which are not provided for in this act shall be provided for by the board of directors of the authority by ordinance or resolution. Any action required by this act to be done by resolution may be done, with equal validity, by ordinance. (Amended by Stats.1985, c. 1408, § 4, eff. Oct. 1, 1985.) S 45-14. Deposit of funds Sec. 14. The treasurer of any authority organized under the provisions of this act is hereby expressly authorized to deposit funds of such authority in banks in the manner provided by law for the deposit of moneys of a municipality or other public or municipal corporation. (Stats.1943, c. 545, p. 2112, S 14.) Library References Depositaries O>6. C.J.S. Depositaries | 8. S 45-15. Fiscal year; statement of revenues and expenditures; statement of water storage and use Sec. 15. The fiscal year of any authority incorporated hcreundcr shall commence on the first day of July of each year and shall continue until the close of the thir- tieth day of June of the year following. As promptly as shall be possible after the close of each fiscal year, It shall be the duty of the controller of the authority to prepare and transmit to the chief executive officer of each public agency, the area of which shall lie within the authority, a statement of revenues and expenditures In such detail as shall be prescribed by the board of directors; also a statement of the amount of water stored by the authority and the amounts used by the respective public agencies, the areas of which shall lie within the authority. (Stats.1943, c. 545, p. 2112, S 15.) 24 § 45-15-5 Claims for money or damages; law governing Sec 15.5. All claims for money or damages against the authority are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.G of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. (Added Stats.1030, c. 1T2S, p. 41G3, § 20, as amended Stats.1963, c. 17.13, p. 3400, 5 92.) Historical Note . Applicability of Stats.1963. c. 1715. p. 3369, see Historical Note under Government CodeI 900. Library References Claims, actions and judgments against recommendation. Cal.Law Revisionpublic entities and public employees; Comm. (1963) Vol. 4, p. 1007 et seq. § 45-16. Partial Invalidity Sec. 16. If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The Legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional. (Stats.1943, c. 545, p. 2113, § 16.) Library References Statutes $=64(5). C.J.S. Statutes { 102. 25