Water Code - Division 6: Conservation, Development, and Utilization of State Water Resource: Local Distribution Facilities (secs. 12944.5 - 12944.7)

CHAPTER 8.5. Local Distribution Facilities [12944.5 - 12944.7] ( Chapter 8.5 added by Stats. 1973, Ch. 513. ) 12944.5. (a) Notwithstanding any other provision of law to the contrary, any local public agency other than a city or county that has executed a contract with the state for a water supply pursuant to Section 12937 shall satisfy any requirement for the approval by the voters of the agency to secure authorization for the issuance of general obligation bonds of the agency or of the agency for any improvement district thereof to fund the acquisition and construction of works and facilities to enable the local public agency or improvement district to utilize the water supply, if a majority of the voters voting on the proposition to incur the bonded indebtedness vote in favor of the proposition. The provisions of law governing the issuance of general obligation bonds by the local public agency, including the provisions of the principal act of the local public agency, shall govern all matters relating to the issuance of the general obligation bonds, including the authorization, issuance, sale or retirement thereof, except only that a majority of the votes cast on the proposition to incur the bonded indebtedness need be in favor of such proposition in order to authorize the issuance of the bonds. This chapter shall be applicable only to general obligation bonds approved at an election held on one of the dates specified in Section 1000 of the Elections Code or at an election held pursuant to Section 4108 of the Elections Code. (b) This chapter shall also be applicable to (1) any local public agency other than a city or a county which has executed a contract for a water supply with a public agency which has in turn executed a contract with the state for a water supply pursuant to Section 12937, (2) any local public agency other than a city or county which is a member agency of, or is located within a member agency of, a metropolitan water district which has executed a contract with the state for a water supply pursuant to Section 12937, and (3) any local public agency other than a city or county which is a member agency of, or is located within a member agency of, a county water authority which is a member agency of a metropolitan water district which has executed a contract with the state for a water supply pursuant to Section 12937. (Amended by Stats. 1994, Ch. 923, Sec. 223. Effective January 1, 1995.) 12944.7. (a) Notwithstanding any other provision of law, except as specified in subdivision (b), any public agency that has executed a contract with the state for a water javascript:submitCodesValues('12944.5.','7.29.17','1994','923','223',%20'id 2878b8ef-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('12944.7.','7.29.17','2001','929','1',%20'id 2878b8f1-2921-11d9-a6d8-d26807e29bc0') supply pursuant to Section 12937 may sell any water available to that agency directly to any ultimate water consumer within the agency. (b) Notwithstanding subdivision (a), if the principal act of the public agency restricts the agency to the wholesale distribution of water, the right to sell water directly to consumers may be exercised by the agency only pursuant to written contract with (1) a wholesaler, if any exists, to which the water would otherwise be sold and (2) a public entity water purveyor, if any exists, serving water at retail within the area in which the consumer is located or a water corporation, if any exists, subject to regulation by the Public Utilities Commission and serving water at retail within the area in which the consumer is located. (Amended by Stats. 2001, Ch. 929, Sec. 1. Effective January 1, 2002.)