State Codes and Statutes

State Codes and Statutes

Statutes > California > Wat > 12944.5-12944.7

WATER CODE
SECTION 12944.5-12944.7



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.



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 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.