Code Section Group

Water Code - WAT

DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401]

  ( Division 14 added by Stats. 1951, Ch. 391. )

PART 10. CHANGES IN ORGANIZATION [48000 - 48401]

  ( Part 10 added by Stats. 1951, Ch. 391. )

CHAPTER 1. Exclusion [48000 - 48087]

  ( Chapter 1 added by Stats. 1951, Ch. 391. )

ARTICLE 2. Hearing and Order [48025 - 48031]
  ( Article 2 added by Stats. 1951, Ch. 391. )

48025.
  

At the time and place provided in the notice of hearing on the exclusion petition published pursuant to Article 1 of this chapter, or at the time to which the hearing may be adjourned, the board shall hear all the following:

(a) The petition.

(b) All evidence or proofs that may be introduced by or on behalf of the petitioners.

(c) All objections to the petition that may be presented in writing by any person showing cause as provided in Article 1 of this chapter.

(d) All evidence or proofs that may be introduced in support of objections to the petition.

(Amended by Stats. 1963, Ch. 1607.)

48026.
  

The failure of any person interested in the district, other than the holders of bonds thereof outstanding at the time of the filing of the petition with the board, to show cause, in writing, why the land mentioned in the petition should not be excluded from the district constitutes an assent by him to the exclusion of such land, or any part thereof, from the district.

(Added by Stats. 1951, Ch. 391.)

48027.
  

The filing of the petition with the board constitutes an assent by each and all of the petitioners to the exclusion from the district of the land mentioned in the petition, or any part thereof.

(Amended by Stats. 1963, Ch. 1607.)

48028.
  

The expenses of giving the notice provided for in Article 1 of this chapter and of the hearing on the exclusion petition shall be paid by the persons filing the petition.

(Added by Stats. 1951, Ch. 391.)

48029.
  

Upon the hearing of an exclusion petition the board shall order that the petition be denied:

(a) Entirely when no evidence in support of the petition is introduced.

(b) As to any land described in the petition as to which the evidence introduced fails to sustain the petition.

(c) As to any land described in the petition which the board deems it not for the best interests of the district to exclude, except when the board judges that the land will not be benefited by the operations of the district.

(Amended by Stats. 1965, Ch. 93.)

48030.
  

The board, after the hearing of any exclusion petition, shall order the exclusion of all or any part of the land described in it when as to the land to be excluded either:

(a) The board judges that the land will not be benefited by the operations of the district.

(b) The board deems the exclusion to be for the best interests of the district and one of the following is true:

(1) No interested person has filed objections in writing showing cause why the land should not be excluded.

(2) All written objections made to the exclusion have been withdrawn.

(3) No written objection made to the exclusion is sustained at the hearing.

(Amended by Stats. 1963, Ch. 1607.)

48031.
  

No exclusion of land from any district impairs its existence, its rights, including those in or to property, or its obligations.

(Added by Stats. 1951, Ch. 391.)

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