Code Section Group

Water Code - WAT


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

PART 6. POWERS AND FUNCTIONS [43000 - 44208]

  ( Part 6 added by Stats. 1951, Ch. 391. )

CHAPTER 2. General Powers and Functions [43150 - 43161]
  ( Chapter 2 added by Stats. 1951, Ch. 391. )


The board has all powers and authority necessary to enable it to fully perform the duties imposed upon it by this division.

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


The board may enter into any agreement with the United States or with any state, county, district, public corporation, or municipality of any kind, for a purpose appertaining to or beneficial to the project of the district, and it may do any acts necessary or proper for the performance of the agreement.

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


The board may:

(a) Adopt a seal.

(b) Make and execute all necessary contracts.

(c) Employ and appoint such agents, officers, and employees as may be required, and prescribe their duties.

(d) Itself or by agents enter upon any lands to make surveys, locate works, or for any other necessary and lawful purpose.

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


The board may construct works across or intersecting any stream of water, watercourse, street, avenue, highway, railway, or conduit in such manner as to afford security for life and property.

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


The board shall restore any property altered or damaged when so crossed or intersected to its former state as nearly as may be, or in a manner so as not to have impaired unnecessarily its usefulness.

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


Every company whose railroad is intersected or crossed by the works shall unite with the board in forming intersections and crossings, and grant privileges necessary to construct the works.

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


If any railroad company and the board, or the owners and controllers of the property to be crossed, cannot agree upon the amount to be paid for the privilege, or the points or the matter of the crossings or intersections, the same shall be ascertained and determined in all respects as provided in this division in respect to the taking of land.

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


The right of way is hereby given, dedicated, and set apart for the location, construction, and maintenance of works over and through any land which is or may be the property of this State.

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


All waters and water rights belonging to this State within the district are given, dedicated, and set apart for the uses and purposes of the district.

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


The department and board shall, respectively, cause to be entered in books to be kept for that purpose a complete and connected record of all their acts and transactions. All contracts and other written instruments shall be executed in duplicate, one copy of each of which, together with any other documents, instruments, or other papers filed with them, shall be kept and preserved on file in their respective offices and open to inspection by the public during business hours.

(Amended by Stats. 1992, Ch. 1020, Sec. 78. Effective January 1, 1993.)


The records and all documents, instruments, or other papers filed with the department, commission, or board, or a copy or copies of any thereof certified by the department, commission, or secretary, shall be received in evidence without further proof in any court of this State, or before any board or tribunal authorized to hear or consider a matter wherein the same are properly admissible in evidence.

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


Whenever it deems it necessary for its own guidance or for the best interests of the district, the board may submit any question or proposition relating to the construction, improvement, or operation of the works or the carrying out of the project of the district to the qualified voters of the district at any general election or at a special election called for the purpose. The election shall be in all respects conducted as other elections in the district.

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

WATWater Code - WAT