Code Section Group

Water Code - WAT


  ( Division 21 added by Stats. 1965, Ch. 75. )

PART 2. FORMATION [74030 - 74136]

  ( Part 2 added by Stats. 1965, Ch. 75. )

CHAPTER 4. Formation Election [74090 - 74106]
  ( Chapter 4 added by Stats. 1965, Ch. 75. )


When the boundaries of the proposed district are defined and established by the board of supervisors, it shall make an order dividing the district into three, five, or seven divisions, as requested in the formation petition. Such divisions shall be as nearly equal in area as practicable and shall be numbered consecutively.

(Added by Stats. 1965, Ch. 75.)


One director, who shall be an elector of the division, shall be elected from each division by vote of the electors of the division in which such director resides. In order to qualify to be elected a director, a person shall be a qualified elector of the district and shall be a resident of the county, or of one of the counties, in which the district is situated.

(Added by Stats. 1965, Ch. 75.)


When the order dividing the proposed district into divisions has been made, the board of supervisors shall call an election within the proposed district to determine whether the district shall be formed and also to elect the first board of directors if the district is formed.

(Added by Stats. 1965, Ch. 75.)


The formation election shall be held on the next established election date not less than 74 days after the date of filing the formation petition.

(Amended by Stats. 1973, Ch. 1146.)


The board of supervisors shall divide the district, and the divisions thereof, into convenient precincts and fix a polling place in each precinct. There shall be at least one precinct in each division of the district.

(Added by Stats. 1965, Ch. 75.)


The board of supervisors shall appoint an inspector, a judge, and two clerks for each of the precincts established to conduct the election. The inspector, judge, and clerks of election in each precinct shall constitute the board of election for such precinct.

If the board of election, or any member thereof, fails to appear at the opening of the polls on the morning of the election, the electors of the precinct present at that hour may appoint a board or supply the place of an absent member thereof.

(Added by Stats. 1965, Ch. 75.)


The inspector shall be chairman of the election board, and may appoint judges and clerks, if, during the progress of the election, any judge or clerk cease to act. The chairman or any member of the board of election may administer and certify oaths required to be administered during the progress of the election.

(Added by Stats. 1965, Ch. 75.)


The formation election shall be called by publication of notice thereof in a daily or weekly paper in each of the counties in which the district is situated, if there is one, at least once a week for three weeks previous to the election, and by posting notice thereof in three public places.

(Added by Stats. 1965, Ch. 75.)


The notice of the formation election shall designate a name for the proposed district and describe the boundaries thereof. The notice shall also designate the respective election precincts and the polling place in each, the election officers, the time of the election, and the hours during which the polls will be kept open; provided, that the polls shall be opened not later than 8 o'clock a.m. and kept open until 7 o'clock p.m.

(Added by Stats. 1965, Ch. 75.)


The board of supervisors shall require the clerk of the board to provide and furnish ballots for the formation election. No particular form of ballot shall be required except that the ballot shall contain the words “Water conservation district—Yes” or “Water conservation district—No,” or words equivalent thereto, and shall also contain the names of candidates for the position of director of the district who shall have been endorsed by petitions to the board of supervisors in the manner prescribed in Section 74100.

(Added by Stats. 1965, Ch. 75.)


A nominating petition for a director in any division shall be signed by 10 or more electors entitled to vote in such division and shall be filed with the board of supervisors calling the formation election within 15 days from the first publication of the notice calling the election.

(Added by Stats. 1965, Ch. 75.)


The ballots shall contain instructions that the voters shall write, print, or stamp a cross after the words that indicate his choice.

(Added by Stats. 1965, Ch. 75.)


The ballots shall contain as many blank spaces for the names of directors as there are directors to be elected, and the writing of the name of any qualified person in any of the spaces shall be deemed to be a vote for such person.

(Added by Stats. 1965, Ch. 75.)


Except as otherwise provided in this chapter, the formation election shall be conducted in accordance with the general election laws of this state so far as applicable.

(Added by Stats. 1965, Ch. 75.)


The election officers shall publicly count the votes immediately after the close of the formation election, and shall make a report of the result of the election to the board of supervisors within five days subsequent to the holding thereof.

(Added by Stats. 1965, Ch. 75.)


The board of supervisors shall, on the first Monday succeeding the formation election, if then in session, or at its next meeting, general or special, proceed to canvass the votes cast at the election.

(Added by Stats. 1965, Ch. 75.)


Where a vote to form a district is lost, no petition for the formation of a district comprising any portion of the same territory shall be presented or considered for a period of 12 months thereafter.

(Added by Stats. 1965, Ch. 75.)

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