Miller & Lux, Inc. v. Board of Supervisors

VAN DYKE, P. J. Petitioners below appeal from a judgment in certiorari affirming in all respects the proceedings taken before the Merced County Board of Supervisors to form the Central California Irrigation District. Miller & Lux Incorporated, a corporation, The San Joaquin Canal Company, a corporation, John N. Bettencourt, Manuel V. Bettencourt, George A. Zimmerman, William S. Koda and Edward K. Koda have dismissed their appeals.

Stated briefly, the Water Code, division 11, part 2, lays down the following requisites to the formation of an irrigation district. A petition for the formation of such a district must be prepared and circulated; the petition must contain, among other things, generally, a description of the land proposed to be included, a statement as to the source or sources of water supply and the signatures of the requisite number of qualified petitioners. (Wat. Code, § 20720 (a) and (b).) The requisite number of petitioners is either a majority in number and assessed value of the landowners or at least 500 petitioners, each of whom is an elector residing in the proposed district, or the holder of title to land therein, and who in the aggregate own not less than 20 per cent in assessed value of the land proposed to be included within the contemplated district. (Wat. Code, § 20700.) After the petition has been prepared, circulated and signed by the requisite [32]number of qualified persons, the petition, together with the notice of a hearing thereon before the board of supervisors must be published for at least two weeks, in newspapers of general circulation within the counties wherein the land lies. (Wat. Code, § 20740.) Following such publication, a preliminary formation hearing is held before the board. (Wat. Code, § 20800.) At this hearing the petition is presented to the board. (Wat. Code, § 20801.) Evidence is received in support of and in opposition to the sufficiency of the petition and the publication thereof. (Wat. Code, § 20802.) At the conclusion of this hearing the board determines by resolution whether or not the petition and the publication are sufficient. (Wat. Code, § 20804.) If it finds that they are it adopts what may be called the preliminary formation resolution. Following the adoption of this resolution a copy thereof is sent to the State Department of Public Works which has already received a copy of the petition. (Wat. Code, §§ 20821, 20820.) The department then makes a feasibility investigation of the irrigation project proposed in the petition and reports thereon in writing to the board of supervisors. (Wat. Code, §§ 20822, 20823.) Upon receipt of a report from the department the board of supervisors then sets, and gives notice of, the final formation hearing. (Wat. Code, §§ 20840, 20842.) At this hearing the board hears any newly discovered evidence against the sufficiency of the petition and the publication, and evidence in rebuttal thereof. (Wat. Code, § 20846.) At the conclusion of the final formation hearing the board of supervisors, if still so minded, adopts a final formation resolution which, among other things, reaffirms the sufficiency of the petition and the publication and describes the boundaries of the proposed district. (Wat. Code, §§ 20847, 20848.) The board then calls for an election to determine whether the qualified voters residing within the proposed district do or do not desire the district’s formation. (Wat. Code, §§ 20890, 20527.)