As to the temper of the people at present, you may look for a change when the problem becomes a real one; that is, when there is a scarcity of water. There are those at the present time who know the problem is even now a pressing one, but the general public will only learn when the shortage of water is at hand. Then there will be a sudden education on the water problem. Debate as to who shall get an office, and how, will give way to a study of how to get water. At that time we hope that this plan will be an aid in solving the problem.

Action by the Club

THE PRESIDENT: We have reached the usual hour of adjournment. Do you desire to take up this resolution that is before the meeting? Mr. Adams has formulated it thus:

That it is the opinion of the members of the Club present tonight that it would be to the interest of the bay cities named in the report of the section to cooperate in the formation of a water district substantially on the lines suggested by the section.

All in favor of the resolution will signify it by saying aye. Opposed no. The motion is carried.

The meeting stands adjourned for one month.

3.

4.

5.

6.

The request for an election; how made.
Canvass of election returns.

Proceedings terminate if election is unfavorable.
Municipalities declining to participate.

7. Governor declares district formed.

8.

Request for election on permanent participation may be renewed.

9. Appointment of water board; terms; qualifications.

10.

66

"

66

44

64

13.

14.

15.

16.

17. 18.

19.

Governor may remove members of water board from office.

General powers of water board.

Water board appointees.

Salaries.

Oath of office and surety bonds.
Office in San Francisco; equipment.
President and secretary of board.
The water board may issue scrip.
Annual report.

Admission of other municipalities to district.

20. Admission of water districts to the district.

21. Fundamental purpose of Bay Water District.

22. Authorization to sell water outside of district.

23. Authorization to construct hydro-electric power plants.

24. Sale of electric power outside of district.

25. Lease of power plants permitted.

26.

30. Right of eminent domain.

Purchase of established water works.

27. Distribution systems to be sold to municipalities.

28. Right to sell lands and other property.

29. Water board may grant rights-of-way.

32.

33.

34.

Right to exchange real estate.

Powers of the water board.

Properties of district shall be in charge of water board.
Additional powers of water board.

Attorney to the water board.

District auditor.

35.

41. Money collected must be placed in treasury.

42. Bonds; election; sale; payment of interest; bond tax, etc.

43. Municipal water works-how income is to be applied.

44. Management of municipal water works.

45. Delivery of water to municipalities and charge therefor.

46. Sale of electric energy to municipalities, etc.

49. Care of lands may be entrusted to park commissions, etc.

50. Water board to enforce provisions of this act.

An Act to Provide for the Organization, Government, Management and Control of the Bay Water District, to Authorize the Appointment of a Water Board for Said District and to Define the Duties and Powers of Said Water Board.

The People of the State of California do enact as follows:

Extent of the Bay Water District.

Sec. 1. A water district is hereby formed to be known as the "Bay Water District," which shall until its extent is modified or finally determined as set forth in Sections 19 to 21 of this Act, embrace and be coextensive with the following incorporated cities or cities and counties of this state: Alameda, Albany, Berkeley, Burlingame, Daly City, Emeryville, Hayward, Hillsborough, Mayfield, Mountain View, Oakland, Palo Alto, Piedmont, Redwood, Richmond, San Bruno, San Francisco, San Leandro, San Mateo and South San Francisco.

For certain purposes referred to in this Act some of these municipalities are aggregated into the following groups:

Group A. San Francisco and any two or more of the said municipalities located in San Mateo or Santa Clara counties on the westerly side of San Francisco bay.

Group B. San Francisco and Oakland.
Group C. San Francisco and Berkeley.

Group D. San Francisco, Alameda, San Leandro and Hayward.

Election on permanent participation.

Sec. 2. Upon a request made by all the municipalities in any one of the groups of municipalities of A, or B, or C, or D, as named in Section 1 of this Act, the Governor shall call an election in each of the municipalities within the said group of municipalities and in such other of the municipalities enumerated in Section 1 of this Act as shall also make a request for an election as hereinafter set forth, at which election the question of permanent participation in the affairs of the water district shall be submitted to the electors. Within ten days after receiving said requests from all the municipalities in any one of said groups, the Governor shall notify the governing bodies of all the remaining municipalities in the district that an election for the permanent participation in the Bay Water District is to be held. At any time within sixty days after the issuance of said notice the said municipalities may request the Governor to call the said election within the said municipality or municipalities and should any of the said municipalities fail to make said request no election shall be called in said municipality failing to make a request, but should any one or more of said municipalities request the Governor to call an election, or in case any of said municipalities shall have filed a request for an election prior to the issuance of said notice, the Governor shall extend the call for an election to all said municipalities which have requested an election as though each of said municipalities were of the group initiating the request for the call for the election. The Governor shall issue the call for the election within thirty days after the date set for receiving requests for said election and shall name a day for said election not later than sixty days after the issuance of said call. The Governor shall notify the council or other governing body of each of the municipalities in which an election has been requested, that the purpose of the election shall be to determine whether or not each such municipality desires to remain permanently in the Bay Water District. The election on the said question of permanent participation shall be held in each municipality in accordance with the law applying to the holding of municipal elections, except as otherwise provided in this Act, and the ballots, in addition to an appropriate statement setting forth the purpose of the election, shall contain the two clauses:

"FOR PERMANENT PARTICIPATION IN THE BAY WATER DISTRICT."

"AGAINST PERMANENT PARTICIPATION IN THE BAY WATER DISTRICT."

each clause to be followed by space to be marked by the voter, as in the case of ballots at elections for state or city officials.

The request for an election; how made.

Sec. 3. The request by any municipality to the Governor to call an election on permanent participation in the Bay Water District may be made either by resolution passed by the council or other governing body of the municipality or by petition. If said request be made by petition, the petition must be signed by registered electors numbering at least ten per cent of the total vote cast in said municipality at the last general election for Governor. Said petition shall be signed and verified before presentation to the Governor in accordance with the provisions of law relating to petitions for the initiative. Immediately upon the receipt and verification of the petition by the proper official of the municipality, said official shall forward the petition to the Governor of the State. Resolutions or petitions for the call of an election on permanent participation shall set forth the request that the Governor call an election for said purpose and that he name in the call the day on which the election shall be held. A request shall be considered complete and as having been made on the day on which the last municipality in any one of the groups, A, or B, or C, or D, files its request with the Governor, notwithstanding that there may be other requests from municipalities not in such group or even from all the municipalities in one or more of the other groups filed at a later date.

Canvass of election returns.

Sec. 4. Within ten days after said election has been held, the vote in each of the several municipalities comprised in the district shall be canvassed by an election commission of such municipality or in the absence of an election commission by the council or other governing body of such municipality and the result of the vote shall at once be certified to the Governor.

Proceedings terminate if election is unfavorable.

Sec. 5. In case a majority of the votes cast in each of the municipalities comprised in any one of the groups of municipalities, A, or B, or C, or D, named in Section 1 of this Act, at said election, is in favor thereof, the Governor shall proceed with the organization of the Bay Water District as set forth in Section 9 of this Act. Otherwise all proceedings shall terminate until such time as the Governor may again be requested to call an election on permanent participation as provided in Section 2 of this Act.

Municipalities declining to participate.

Sec. 6. In case the canvass of votes cast in any municipality at said election shows that in such municipality one-half, or more than one-half, of the votes cast at said election are against participation, such municipality shall be considered to have declined to participate in the proceedings of the district and shall be left out of consideration in the further proceedings, as though it were no part of the district except as otherwise provided in this Act.

Governor declares district formed.

Sec. 7. In case a majority of the votes cast in each of the municipalities comprised in any one of the groups, A, or B, or C, or D, as named in Sec

tion 1 of this Act, at said election is in favor of participation, the Governor shall declare the formation of the Bay Water District to have been confirmed and shall send notice of this fact to the council or other governing body of each of the municipalities named in Section 1 of this Act which have voted in favor of participation and shall incorporate in this notice an enumeration of the municipalities which have by their vote in favor of participation declared their desire to remain in and permanently participate in the affairs of the district.

Request for election on permanent participation may be renewed.

Sec. 8. In the event that at an election on permanent participation a permanent organization of the Bay Water District is not authorized, then the district shall continue to exist as outlined in Section 1 of this Act just as though said election had not been held. One year or more after an election on the question of permanent participation, at which election the permanent formation of the district failed to be confirmed, but not earlier, the question of permanent participation may be again brought up as though it were an entirely new matter. The proceedings in such a case are to be the same as prescribed in the preceding sections of this Act.

Appointment of water board; terms; qualifications.

Sec. 9. Within thirty days after an election at which all of the municipalities in any one of the groups, A, or B, or C, or D, as named in Section 1 of this Act, have voted to participate and remain a part of the district, the Governor shall appoint a water board for said Bay Water District com. posed of three members, one of whom shall be a resident of San Francisco, one a resident of the municipality among those in which the vote was in favor of participation next to San Francisco in the number of inhabitants as shown by the last United States census preceding said election, and the third a resident of any of the municipalities in which the vote at said election was in favor of participation. One of the members of the water board shall hold office until the first day of July next following his appointment and for one year thereafter, another shall hold office until the first day of July next following his appointment and for two years thereafter, and a third shall hold office until the first day of July next following his appointment and for three years thereafter. The three persons first appointed shall, before their commissions are issued by the Governor, determine by lot which of the three terms each is to fill. The successors of the members of the water board first appointed shall be appointed by the Governor for terms of four years or, if a vacancy is to be filled, for the unexpired term. The appointment of members shall be so made that at the time of any appointment at least one member of the board shall be a resident of San Francisco, one member shall be a resident of that participating municipality ranking next to San Francisco in the number of inhabitants according to the last United States census, and one member shall be a resident of some one of the participating municipalities. All members of the water board shall hold office until their successors have been appointed and have qualified. Each member of the water board must be a qualified elector and no person shall be eligible for appointment on said board who is the owner of water works supplying water to any municipality or to the inhabitants of any municipality within said Bay Water District or who owns stock or bonds of any corporation supplying water to any such municipality or the inhabitants thereof, or who is pecuniarily interested therein, provided that if such ownership of bonds or stock or said pecuniary interest is not voluntary a reasonable time may be allowed him by the Governor in which to divest himself of such ownership or interest. If any member fails to comply with the requirement to divest himself of such ownership or interest within the time allowed by the Governor, the Governor shall declare such member not qualified and shall appoint his

successor.