(1)(a) To levy and collect
special assessments upon lands under class C, the board shall make an allotment
of water or of capacity of specified works to each of the petitioning public
corporations, other than municipalities, within the district in the manner as provided
in this section, in such quantity as will in the judgment of the board, when added to
the present supply of water of such public corporation in the case of an allotment
of water, or when added to the then present supply of capacity of all other works of
such public corporation in the case of an allotment of capacity of specified works,
make an adequate supply for such public corporation and shall fix and determine
the rate and terms at which such water or capacity of works shall be sold, leased,
contracted for, o
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(1) (a) To levy and collect
special assessments upon lands under class C, the board shall make an allotment
of water or of capacity of specified works to each of the petitioning public
corporations, other than municipalities, within the district in the manner as provided
in this section, in such quantity as will in the judgment of the board, when added to
the present supply of water of such public corporation in the case of an allotment
of water, or when added to the then present supply of capacity of all other works of
such public corporation in the case of an allotment of capacity of specified works,
make an adequate supply for such public corporation and shall fix and determine
the rate and terms at which such water or capacity of works shall be sold, leased,
contracted for, or otherwise disposed of to such public corporation; except that
such rates shall be equitable although not necessarily equal or uniform for like
classes of services throughout the district.
(b) The board shall examine all rates charged for like classes of service
throughout the district and shall by rule and regulation adjust such rates
periodically as needed to make such rates within any such class of service
equitable.
(2) In the event any such public corporation desires to purchase, lease,
contract for, or otherwise obtain the beneficial use of waters or capacity of works
of the district, the board of such public corporation by resolution shall authorize
and direct its president and secretary to petition the board for an allotment of
water or of capacity of specified works, upon terms prescribed by the board, which
petition shall contain, inter alia, the following:
(a) Name of public corporation;
(b) Quantity of water or capacity of works for which allotment is sought;
(c) Rate to be paid;
(d) Whether payments are to be made in cash or annual installments;
(e) Agreement by such public corporation to make payments for the
beneficial use of such water or capacity of works, together with annual
maintenance and operating charges, and to be bound by the provisions of this
article and the rules and regulations of the board.
(3) The secretary of the board shall cause notice of the filing of such petition
to be given and published, which notice shall state the filing of such petition and
give notice to all persons interested to appear at the office of the board at a time
named in said notice and show cause in writing why the petition should not be
granted. The board at the time and place mentioned in said notice, or at such time
to which the hearing of said petition may be adjourned, shall proceed to hear the
petition and objections thereto, presented in writing, by any person showing cause
why said petition should not be granted. The failure of any person interested to
show cause shall be deemed an assent on such person's part to the granting of said
petition. At its discretion, the board may accept or reject said petition; but, if it
deems it for the best interest of the district that said petition be granted, the board
shall enter an order to that effect granting said petition and, from and after such
order, the public corporation or persons therein shall be deemed to have purchased,
leased, contracted for, or otherwise acquired the beneficial use of water or capacity
of works as set forth in said order.
(4) If said petition is granted, the board shall determine the amount of money
necessary to be raised by assessment in each year on lands within such public
corporation, less any amount paid or undertaken to be paid by such public
corporation in cash or as credited thereto by payments from the general fund of
such public corporation, and shall certify to the county assessor of the county in
which the lands of such public corporation are located the amount of the
assessment, plus a fair proportionate amount of the estimated operating and
maintenance charges for the next succeeding year on each tract of land on or
before October 1 of each year, and such county assessor shall extend the amount of
such assessment, plus said operating and maintenance charges, on the tax roll as
an assessment against the lands upon which said assessment is made.