IV. 2009 California Penal Code
Section 518-527 :: Chapter 7. Extortion
PENAL CODE
SECTION 518-520, 523-526
 
 

518. Extortion is the obtaining of property from another, with his
consent, or the obtaining of an official act of a public officer,
induced by a wrongful use of force or fear, or under color of
official right.

The perpetrator is the purported public officer aka "President" of the Weber Water Association

Fact 1. The president told the victim remove your plants growing operation or I will shut off your water.
Fact 2. The property owner owns the water right and did not yield to the president wishes..
Fact 3. Proof of the property ownership is in the recorded deed dated March 15, 1985, by Charles E. Reed, Jr.,
he granted an easement for a well and related access easement for the benefit of land now owned by the victim.
Fact 4. The 1985 Reed easement does not name any water association anywhere in the easement. Therefore the water association does not own any water right.
Fact 5. If the association does not own the water or the water rights and the association informs
the true owner or owners of the water rights that if you do not do what I say, "as in remove plants from your property or not provide water to a member"
or the association will terminate your water and charge you $2000.00 to re establish a connection to the water that association never had the right to
disconnect to begin with, ( is this not a crime?)

.
518. Extortion is the obtaining of property from another, with his
consent, or the obtaining of an official act of a public officer,
induced by a wrongful use of force or fear, or under color of
official right.

When the victim was told remove your plants or we will shut off your water that may have been an attempted
Chapter 7. Extortion
PENAL CODE SECTION 519.
Fear, such as will constitute extortion, may be induced by a threat, either:
1. To do an unlawful injury to the person or property of the
individual threatened.
To threaten to disable a property owners legally owned property
because the owner fails to yield to the will of the officer of a water association may be construed as attempted extortion.
The fact is the association is not the true owner of the said water or water rights and has no legal right to said property.

Because of the actions of the president she caused the victim to pull her plants before it was time to harvest resulting in loss of plant value.
The unlawful injury was to disconnect the property owners water and to deny the water and the water rights belonging to the property owner.

The victim removed the plants because of fear.
A neighbor offered the victim water and the president of the water association wanted to shut off his water.
Proof is in the letter dated Oct 2010

When the so called deadline of September 13, 2010 arrived and the plants had been removed.
The president insisted the water be shut off anyway by the "mutual water company" .
The president is now insisting on $2000.00 to reconnect the line she had no right to disconnect.

III.  PUBLIC UTILITIES CODE SECTION 2725 and Corp. Code §14301

By virtue of the perpetrator under color of official right addressing a letter to the victim requesting a reconnection fee of $2,000 is exhibiting that this State Small Water Association / "mutual water company" is not delivering water at cost. (Corp. Code, §14301.) 2725. As used in the chapter, "mutual water company" means any private corporation or association organized for the purposes of delivering water to its stockholders and members at cost.  Again violating the law.

Under B and P code is this Association following the law. There is no DBA and no business license.