Code Section Group

Water Code - WAT


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

PART 9. ASSESSMENTS [46000 - 47982]

  ( Part 9 added by Stats. 1951, Ch. 391. )

CHAPTER 2. Original Assessments to Finance Projects [46150 - 46382]

  ( Chapter 2 added by Stats. 1951, Ch. 391. )

ARTICLE 2. Apportionment of Costs [46175 - 46179]
  ( Article 2 added by Stats. 1951, Ch. 391. )


The commissioners appointed pursuant to Article 1 of this chapter shall assess the costs of the project, or in the event the board has divided the project into units of construction, the cost of the unit or units specified for immediate construction, upon the benefited land. In the event that the costs of the project are to be paid in part from the proceeds of a loan from the United States, the portion to be so paid may be separately assessed in the manner provided in Section 44031, and the portion of the costs of the project to be paid from other funds shall be assessed as provided in this chapter.

(Amended by Stats. 1963, Ch. 181.)


The commissioners shall apportion the cost in accordance with the benefits that will accrue to each tract of land held in separate ownership by reason of the expenditures of the money and the completion of the project, or such units of it as have been specified for immediate construction. The assessment shall be payable in lawful money of the United States.

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


If the project includes plans for the generation of electric power, the commissioners shall ascertain the total cost of all the properties which are necessary to be used in connection with the generation of electric power as set forth in the plan, and shall also ascertain what portion of the assessment of benefits to accrue to each tract consists of costs of the properties which are necessary to be so used.

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


Where any tract of land consists of more than one section, the apportionment to that tract of land shall be made according to legal subdivisions or to other boundaries sufficient to identify the land in subdivisions not greater than one section in area. Any failure or defect in complying with this requirement shall not invalidate the apportionment or the assessment.

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


If the district project as adopted, as provided in Part 5 (commencing at Section 42200) of this division, provides that all of the costs of the project are to be borne by certain designated lands within the district and there is on file with the board a written stipulation or agreement executed and acknowledged by the owners of all of such designated lands wherein the landowners consent to an apportionment of all costs of the project on their lands in a particular manner, then all of such costs shall be apportioned by the commissioners in accordance with such stipulation or agreement.

(Added by Stats. 1959, Ch. 1136.)

WATWater Code - WAT2.