Chapter 5.15 IRRIGATION WATER AVAILABILITY ASSESSMENT

Sections:

5.15.010 Established.

Pursuant to and in conformity with the provisions of Proposition 218, Cal. Gov’t Code §§ 54984 and 53753 et seq., an IWAA is hereby fixed for each acre of land within Improvement District No. 1 of the district, unless by ordinance otherwise determined, which is eligible to receive and use irrigation water and to which said irrigation water is made available by the district; provided, however, that said charge as fixed herein shall not apply to any parcel of land less than five acres in size held in separate beneficial ownership and not constituting a part or portion of another parcel of land, unless the total or aggregate size of said parcels equals or exceeds five acres. (Ord. 1396 § 1, 2012)

5.15.020 Application.

The IWAA shall apply whether the irrigation water is actually used or not. (Ord. 1396 § 2, 2012)

5.15.030 Statement notice.

The district shall mail to the owner of each parcel of land eligible to receive district water, and to which district water is available, a statement covering the IWAA determined by CVWDC 5.15.010. Such statement shall be mailed to each such owner as soon as practical after June 30th and as disclosed by information and records in the possession of the district. In calculating the number of acres owned by any person, any fraction of an acre in excess of the integral number owned shall be disregarded. (Ord. 1396 § 3, 2012)

5.15.040 Due and payable.

The IWAA shall be due and payable from and after the date of the passage of the ordinance codified in this chapter. (Ord. 1396 § 4, 2012)

5.15.050 Payment.

The IWAA shall be paid and satisfied each year as follows:

A. Paying the full amount by any of the district’s currently allowable means; or

B. Paying irrigation water service charges for services rendered to any 40-acre parcel of land or portion thereof, for the fiscal year period of July 1st through June 30th, a total sum of money equal to or in excess of said IWAA against the involved land; or

C. In the event the total sum paid to the district as irrigation water service charges, as in subsection (B) of this section provided, is less than the amount of the IWAA applicable to the involved land, by paying to the district that amount of money constituting the difference between the total sum paid as irrigation water service charges and the IWAA. Any sum paid as irrigation water service charges cannot be applied in satisfaction of the IWAA against any land to which water has not been made available, but will be applied only in satisfaction of the IWAA against the land to which water is made available. (Ord. 1396 § 5, 2012)

5.15.060 Unpaid balance penalty.

Any IWAA remaining unpaid on the fifteenth day after the end of the fiscal year shall have a penalty of six percent added thereon, and the unpaid balance with penalty shall be added to and become a part of the annual tax levied upon the land to which irrigation water for which the IWAA is unpaid was available, and same shall constitute a lien on that land. (Ord. 1396 § 6, 2012)