Comments for PrivateWaterLaw Blog

Comment on California Mutual Water Company Basics by Wes Strickland

Wes Strickland — Tue, 01 May 2012 16:30:16 +0000

Mutual water companies do not face any unique requirements for water testing. Those requirements are imposed by the California Department of Public Health (or the local county health department, depending on the county and size of the system) as part of its regulation of all public drinking water systems. Their website has a lot of information on testing and other topics here. Testing requirements are based on the size of a system and past history of drinking water quality compliance. For most mutual water companies, DPH is the most stringent regulator they will face, and it makes sense to maintain a good relationship with your local DPH representative. It's definitely worth keeping on top of all testing and other compliance requirements and building good will with DPH.

Comment on California Mutual Water Company Basics by Stephanie Raymann

Stephanie Raymann — Thu, 26 Apr 2012 17:43:28 +0000

Just recently became president of our Mutual Water Company. What are the requirements for Water Testing?

Comment on California Mutual Water Company Basics by Wes Strickland

Wes Strickland — Thu, 05 Apr 2012 01:30:00 +0000

No, AB 54 does not require mutual water companies to follow the Brown Act, which is the California public meetings law found at Government Code §§ 54950-54960.5. Mutual water company governance is controlled by the Corporations Code, with several varying approaches depending on the type of corporation the mutual is organized as. The rules for providing notice before corporate director or shareholder meetings are different than the rules for public agencies under the Brown Act. For more on AB 54, see my recent post here. Wes

Comment on California Mutual Water Company Basics by Vern Kalshan

Vern Kalshan — Tue, 03 Apr 2012 23:14:20 +0000

DO YOU THINK THAT HIS NEW LAW NOW REQUIRES ALL MEETINGS OF THE NOT FOR PROFIT MUTUAL WATER COMPANIES TO COMPLY WITH THE NOTICE OF PUBLIC MEETING LAW ?

Comment on California Mutual Water Company Basics by Wes Strickland

Wes Strickland — Sat, 31 Mar 2012 06:21:16 +0000

Yes, AB 54 does apply to private, non-profit, mutual water companies in California. For more information on AB 54, please see my recent post here. Wes

Comment on California Mutual Water Company Basics by Deborah Wolfe

Deborah Wolfe — Sat, 31 Mar 2012 04:56:51 +0000

Can you comment on whether California Assembly Bill 54 applies to a private, not-for-profit, mutal water company?

Comment on California Mutual Water Company Basics by Wes Strickland

Wes Strickland — Mon, 30 Jan 2012 19:39:45 +0000

California Corporations Code § 14303 provides that a mutual water company may levy an assessment against its shares, and that if the shares become delinquent in their payment, the mutual company may take any or all of the following actions: (1) deny the delivery of water; (2) sell or transfer the shares to another person; (3) cause the shares to be forfeited to the company. There is not a statutory right to file a lien against the shareholder’s lands, but such a right can be included in the articles of incorporation or bylaws of a mutual, as you suggest.

Comment on California Mutual Water Company Basics by Andrew Reid

Andrew Reid — Mon, 30 Jan 2012 17:52:36 +0000

I was told that mutual water companies have the statutory right to file a lien against their members for nonpayment of water debt. However I am not aware of such a law, although I suspect the the company’s own bylaws will assert such a right. Are you aware of any such law or regulation?

Thank you!

Comment on California Mutual Water Company Basics by Wes Strickland

Wes Strickland — Sat, 21 Jan 2012 01:45:02 +0000

The rules governing wholesale water sales, which are normally referred to as water transfers in California, depend on the type of water rights that are the basis for the transfer, as well as the way in which water will be made available and the proposed new use. The most simple transfers perhaps are of post-1914 appropriative rights, which are governed by California Water Code sections 1725 (for one year or less) or 1735 (for longer than one year). There are a number of court and State Water Resources Control Board decisions that interpret those provisions and provide guidance on some issues that may arise. The rules are slightly different for pre-1914 appropriations of surface water or for groundwater sources. The main rule applicable to transfers is called the “no injury rule,” although it applies in different ways to various types of transfers. There are additional restrictions based on environmental laws, and complications may arise based on the use of water conveyance facilities. If you have specific questions about your rights, feel free to contact me directly.

Wes

Comment on California Mutual Water Company Basics by Tosha

Tosha — Fri, 20 Jan 2012 11:11:04 +0000

I have been searching for any specific rules and regulations, laws and permits needed for land owners who have the potential to sell water wholesale..