Amended IN Senate March 08, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 463Introduced by Senator DahleFebruary 16, 2021 An act relating to water. An act to amend and renumber the headings of Article 2 (commencing with Section 7001) and Article 3 (commencing with Section 7005) of Chapter 1 of Division 4 of, and to add Article 2 (commencing with Section 7000.5) to Chapter 1 of Division 4 to, the Water Code, relating to water.LEGISLATIVE COUNSEL'S DIGESTSB 463, as amended, Dahle. Water. Water: landowner right to modify, repair, or replace jointly used conduits.Existing law declares that the general welfare requires that the water sources of the state be put to beneficial use to the fullest extent of which they are capable, that the waste or unreasonable use or unreasonable method of use of water be prevented, and that the conservation of water is to be exercised with a view to the reasonable and beneficial use of water in the interest of the people and for the public welfare.Existing law provides for contribution of expenses of, and proceedings for declaration of rights in, jointly used wells, pumping plants, or conduits used by 2 or more persons.This bill would authorize a landowner to, where a conduit is constructed across or buried beneath the lands of 2 or more landowners, modify, repair, or replace, as defined, the conduit on or beneath their land if the modification, repair, or replacement is made in a manner that does not impede the flow of the water to any other property receiving a benefit of the conduit or, otherwise injure any person using or interested in the conduit.The bill would authorize a landowner to, where a conduit is constructed across or buried beneath the lands of 2 or more landowners, modify, repair, or replace, as defined, the conduit on or beneath the land of any other landowner that the conduit is constructed across or buried beneath if the landowner making the change receives written permission from every landowner on whose land the conduit will be changed and the modification, repair, or replacement is made in a manner that does not impede the flow of the water to any other property receiving a benefit of the conduit or otherwise injure any person using or interested in the conduit.The bill would require any increased operation, maintenance, or expenses involved in the modification, repair, or replacement of the conduit to be the responsibility of the landowner who makes the change.This bill would express the intent of the Legislature to enact subsequent legislation relating to water.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 2 (commencing with Section 7000.5) is added to Chapter 1 of Division 4 of the Water Code, to read: Article 2. Landowner Right to Modify, Repair, or Replace Jointly Used Conduits7000.5. (a) Notwithstanding any other law, where a conduit is constructed across or buried beneath the lands of two or more landowners, a landowner whose property the conduit is constructed across or buried beneath may modify, repair, or replace the conduit on or beneath their land if the modification, repair, or replacement is made in a manner that does not impede the flow of the water to any other property receiving a benefit of the conduit and does not otherwise injure any person using or interested in the conduit.(b) Notwithstanding any other law, where a conduit is constructed across or buried beneath the lands of two or more landowners, a landowner whose property the conduit is constructed across or buried beneath may modify, repair, or replace the conduit on or beneath the land of any other landowner that the conduit is constructed across or buried beneath if the landowner making the change receives written permission from every landowner on whose land the conduit will be changed and the modification, repair, or replacement is made in a manner that does not impede the flow of the water to any other property receiving a benefit of the conduit and does not otherwise injure any person using or interested in the conduit.(c) Any increased operation costs, maintenance costs, or other expenses involved in the modification, repair, or replacement of the conduit shall be the responsibility of the landowner who makes the change.(d) Nothing in this section gives a landowner the right to alter the flow of water in a manner that would negatively affect other properties on which the conduit resides.(e) For purposes of this article, modify, repair, or replace includes the ability to install new, or improve existing, piping, lining, or other methods that provide for conservation and beneficial use of water, as provided in Section 100.SEC. 2. The heading of Article 2 (commencing with Section 7001) of Chapter 1 of Division 4 of the Water Code is amended and renumbered to read: Article 3. Contribution of Expenses of Jointly Used Wells, Pumping Plants Plants, or ConduitsSEC. 3. The heading of Article 3 (commencing with Section 7005) of Chapter 1 of Division 4 of the Water Code is amended and renumbered to read: Article 4. Proceeding for Declaration of Rights in Jointly Used Wells, Pumping Plants Plants, or ConduitsSECTION 1.It is the intent of the Legislature to enact subsequent legislation relating to water.
Amended IN Senate March 08, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 463Introduced by Senator DahleFebruary 16, 2021 An act relating to water. An act to amend and renumber the headings of Article 2 (commencing with Section 7001) and Article 3 (commencing with Section 7005) of Chapter 1 of Division 4 of, and to add Article 2 (commencing with Section 7000.5) to Chapter 1 of Division 4 to, the Water Code, relating to water.LEGISLATIVE COUNSEL'S DIGESTSB 463, as amended, Dahle. Water. Water: landowner right to modify, repair, or replace jointly used conduits.Existing law declares that the general welfare requires that the water sources of the state be put to beneficial use to the fullest extent of which they are capable, that the waste or unreasonable use or unreasonable method of use of water be prevented, and that the conservation of water is to be exercised with a view to the reasonable and beneficial use of water in the interest of the people and for the public welfare.Existing law provides for contribution of expenses of, and proceedings for declaration of rights in, jointly used wells, pumping plants, or conduits used by 2 or more persons.This bill would authorize a landowner to, where a conduit is constructed across or buried beneath the lands of 2 or more landowners, modify, repair, or replace, as defined, the conduit on or beneath their land if the modification, repair, or replacement is made in a manner that does not impede the flow of the water to any other property receiving a benefit of the conduit or, otherwise injure any person using or interested in the conduit.The bill would authorize a landowner to, where a conduit is constructed across or buried beneath the lands of 2 or more landowners, modify, repair, or replace, as defined, the conduit on or beneath the land of any other landowner that the conduit is constructed across or buried beneath if the landowner making the change receives written permission from every landowner on whose land the conduit will be changed and the modification, repair, or replacement is made in a manner that does not impede the flow of the water to any other property receiving a benefit of the conduit or otherwise injure any person using or interested in the conduit.The bill would require any increased operation, maintenance, or expenses involved in the modification, repair, or replacement of the conduit to be the responsibility of the landowner who makes the change.This bill would express the intent of the Legislature to enact subsequent legislation relating to water.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Senate March 08, 2021
Amended IN Senate March 08, 2021
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 463
Introduced by Senator DahleFebruary 16, 2021
Introduced by Senator Dahle
February 16, 2021
An act relating to water. An act to amend and renumber the headings of Article 2 (commencing with Section 7001) and Article 3 (commencing with Section 7005) of Chapter 1 of Division 4 of, and to add Article 2 (commencing with Section 7000.5) to Chapter 1 of Division 4 to, the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 463, as amended, Dahle. Water. Water: landowner right to modify, repair, or replace jointly used conduits.
Existing law declares that the general welfare requires that the water sources of the state be put to beneficial use to the fullest extent of which they are capable, that the waste or unreasonable use or unreasonable method of use of water be prevented, and that the conservation of water is to be exercised with a view to the reasonable and beneficial use of water in the interest of the people and for the public welfare.Existing law provides for contribution of expenses of, and proceedings for declaration of rights in, jointly used wells, pumping plants, or conduits used by 2 or more persons.This bill would authorize a landowner to, where a conduit is constructed across or buried beneath the lands of 2 or more landowners, modify, repair, or replace, as defined, the conduit on or beneath their land if the modification, repair, or replacement is made in a manner that does not impede the flow of the water to any other property receiving a benefit of the conduit or, otherwise injure any person using or interested in the conduit.The bill would authorize a landowner to, where a conduit is constructed across or buried beneath the lands of 2 or more landowners, modify, repair, or replace, as defined, the conduit on or beneath the land of any other landowner that the conduit is constructed across or buried beneath if the landowner making the change receives written permission from every landowner on whose land the conduit will be changed and the modification, repair, or replacement is made in a manner that does not impede the flow of the water to any other property receiving a benefit of the conduit or otherwise injure any person using or interested in the conduit.The bill would require any increased operation, maintenance, or expenses involved in the modification, repair, or replacement of the conduit to be the responsibility of the landowner who makes the change.This bill would express the intent of the Legislature to enact subsequent legislation relating to water.
Existing law declares that the general welfare requires that the water sources of the state be put to beneficial use to the fullest extent of which they are capable, that the waste or unreasonable use or unreasonable method of use of water be prevented, and that the conservation of water is to be exercised with a view to the reasonable and beneficial use of water in the interest of the people and for the public welfare.
Existing law provides for contribution of expenses of, and proceedings for declaration of rights in, jointly used wells, pumping plants, or conduits used by 2 or more persons.
This bill would authorize a landowner to, where a conduit is constructed across or buried beneath the lands of 2 or more landowners, modify, repair, or replace, as defined, the conduit on or beneath their land if the modification, repair, or replacement is made in a manner that does not impede the flow of the water to any other property receiving a benefit of the conduit or, otherwise injure any person using or interested in the conduit.
The bill would authorize a landowner to, where a conduit is constructed across or buried beneath the lands of 2 or more landowners, modify, repair, or replace, as defined, the conduit on or beneath the land of any other landowner that the conduit is constructed across or buried beneath if the landowner making the change receives written permission from every landowner on whose land the conduit will be changed and the modification, repair, or replacement is made in a manner that does not impede the flow of the water to any other property receiving a benefit of the conduit or otherwise injure any person using or interested in the conduit.
The bill would require any increased operation, maintenance, or expenses involved in the modification, repair, or replacement of the conduit to be the responsibility of the landowner who makes the change.
This bill would express the intent of the Legislature to enact subsequent legislation relating to water.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Article 2 (commencing with Section 7000.5) is added to Chapter 1 of Division 4 of the Water Code, to read: Article 2. Landowner Right to Modify, Repair, or Replace Jointly Used Conduits7000.5. (a) Notwithstanding any other law, where a conduit is constructed across or buried beneath the lands of two or more landowners, a landowner whose property the conduit is constructed across or buried beneath may modify, repair, or replace the conduit on or beneath their land if the modification, repair, or replacement is made in a manner that does not impede the flow of the water to any other property receiving a benefit of the conduit and does not otherwise injure any person using or interested in the conduit.(b) Notwithstanding any other law, where a conduit is constructed across or buried beneath the lands of two or more landowners, a landowner whose property the conduit is constructed across or buried beneath may modify, repair, or replace the conduit on or beneath the land of any other landowner that the conduit is constructed across or buried beneath if the landowner making the change receives written permission from every landowner on whose land the conduit will be changed and the modification, repair, or replacement is made in a manner that does not impede the flow of the water to any other property receiving a benefit of the conduit and does not otherwise injure any person using or interested in the conduit.(c) Any increased operation costs, maintenance costs, or other expenses involved in the modification, repair, or replacement of the conduit shall be the responsibility of the landowner who makes the change.(d) Nothing in this section gives a landowner the right to alter the flow of water in a manner that would negatively affect other properties on which the conduit resides.(e) For purposes of this article, modify, repair, or replace includes the ability to install new, or improve existing, piping, lining, or other methods that provide for conservation and beneficial use of water, as provided in Section 100.SEC. 2. The heading of Article 2 (commencing with Section 7001) of Chapter 1 of Division 4 of the Water Code is amended and renumbered to read: Article 3. Contribution of Expenses of Jointly Used Wells, Pumping Plants Plants, or ConduitsSEC. 3. The heading of Article 3 (commencing with Section 7005) of Chapter 1 of Division 4 of the Water Code is amended and renumbered to read: Article 4. Proceeding for Declaration of Rights in Jointly Used Wells, Pumping Plants Plants, or ConduitsSECTION 1.It is the intent of the Legislature to enact subsequent legislation relating to water.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Article 2 (commencing with Section 7000.5) is added to Chapter 1 of Division 4 of the Water Code, to read: Article 2. Landowner Right to Modify, Repair, or Replace Jointly Used Conduits7000.5. (a) Notwithstanding any other law, where a conduit is constructed across or buried beneath the lands of two or more landowners, a landowner whose property the conduit is constructed across or buried beneath may modify, repair, or replace the conduit on or beneath their land if the modification, repair, or replacement is made in a manner that does not impede the flow of the water to any other property receiving a benefit of the conduit and does not otherwise injure any person using or interested in the conduit.(b) Notwithstanding any other law, where a conduit is constructed across or buried beneath the lands of two or more landowners, a landowner whose property the conduit is constructed across or buried beneath may modify, repair, or replace the conduit on or beneath the land of any other landowner that the conduit is constructed across or buried beneath if the landowner making the change receives written permission from every landowner on whose land the conduit will be changed and the modification, repair, or replacement is made in a manner that does not impede the flow of the water to any other property receiving a benefit of the conduit and does not otherwise injure any person using or interested in the conduit.(c) Any increased operation costs, maintenance costs, or other expenses involved in the modification, repair, or replacement of the conduit shall be the responsibility of the landowner who makes the change.(d) Nothing in this section gives a landowner the right to alter the flow of water in a manner that would negatively affect other properties on which the conduit resides.(e) For purposes of this article, modify, repair, or replace includes the ability to install new, or improve existing, piping, lining, or other methods that provide for conservation and beneficial use of water, as provided in Section 100.
SECTION 1. Article 2 (commencing with Section 7000.5) is added to Chapter 1 of Division 4 of the Water Code, to read:
### SECTION 1.
Article 2. Landowner Right to Modify, Repair, or Replace Jointly Used Conduits7000.5. (a) Notwithstanding any other law, where a conduit is constructed across or buried beneath the lands of two or more landowners, a landowner whose property the conduit is constructed across or buried beneath may modify, repair, or replace the conduit on or beneath their land if the modification, repair, or replacement is made in a manner that does not impede the flow of the water to any other property receiving a benefit of the conduit and does not otherwise injure any person using or interested in the conduit.(b) Notwithstanding any other law, where a conduit is constructed across or buried beneath the lands of two or more landowners, a landowner whose property the conduit is constructed across or buried beneath may modify, repair, or replace the conduit on or beneath the land of any other landowner that the conduit is constructed across or buried beneath if the landowner making the change receives written permission from every landowner on whose land the conduit will be changed and the modification, repair, or replacement is made in a manner that does not impede the flow of the water to any other property receiving a benefit of the conduit and does not otherwise injure any person using or interested in the conduit.(c) Any increased operation costs, maintenance costs, or other expenses involved in the modification, repair, or replacement of the conduit shall be the responsibility of the landowner who makes the change.(d) Nothing in this section gives a landowner the right to alter the flow of water in a manner that would negatively affect other properties on which the conduit resides.(e) For purposes of this article, modify, repair, or replace includes the ability to install new, or improve existing, piping, lining, or other methods that provide for conservation and beneficial use of water, as provided in Section 100.
Article 2. Landowner Right to Modify, Repair, or Replace Jointly Used Conduits7000.5. (a) Notwithstanding any other law, where a conduit is constructed across or buried beneath the lands of two or more landowners, a landowner whose property the conduit is constructed across or buried beneath may modify, repair, or replace the conduit on or beneath their land if the modification, repair, or replacement is made in a manner that does not impede the flow of the water to any other property receiving a benefit of the conduit and does not otherwise injure any person using or interested in the conduit.(b) Notwithstanding any other law, where a conduit is constructed across or buried beneath the lands of two or more landowners, a landowner whose property the conduit is constructed across or buried beneath may modify, repair, or replace the conduit on or beneath the land of any other landowner that the conduit is constructed across or buried beneath if the landowner making the change receives written permission from every landowner on whose land the conduit will be changed and the modification, repair, or replacement is made in a manner that does not impede the flow of the water to any other property receiving a benefit of the conduit and does not otherwise injure any person using or interested in the conduit.(c) Any increased operation costs, maintenance costs, or other expenses involved in the modification, repair, or replacement of the conduit shall be the responsibility of the landowner who makes the change.(d) Nothing in this section gives a landowner the right to alter the flow of water in a manner that would negatively affect other properties on which the conduit resides.(e) For purposes of this article, modify, repair, or replace includes the ability to install new, or improve existing, piping, lining, or other methods that provide for conservation and beneficial use of water, as provided in Section 100.
Article 2. Landowner Right to Modify, Repair, or Replace Jointly Used Conduits
Article 2. Landowner Right to Modify, Repair, or Replace Jointly Used Conduits
7000.5. (a) Notwithstanding any other law, where a conduit is constructed across or buried beneath the lands of two or more landowners, a landowner whose property the conduit is constructed across or buried beneath may modify, repair, or replace the conduit on or beneath their land if the modification, repair, or replacement is made in a manner that does not impede the flow of the water to any other property receiving a benefit of the conduit and does not otherwise injure any person using or interested in the conduit.(b) Notwithstanding any other law, where a conduit is constructed across or buried beneath the lands of two or more landowners, a landowner whose property the conduit is constructed across or buried beneath may modify, repair, or replace the conduit on or beneath the land of any other landowner that the conduit is constructed across or buried beneath if the landowner making the change receives written permission from every landowner on whose land the conduit will be changed and the modification, repair, or replacement is made in a manner that does not impede the flow of the water to any other property receiving a benefit of the conduit and does not otherwise injure any person using or interested in the conduit.(c) Any increased operation costs, maintenance costs, or other expenses involved in the modification, repair, or replacement of the conduit shall be the responsibility of the landowner who makes the change.(d) Nothing in this section gives a landowner the right to alter the flow of water in a manner that would negatively affect other properties on which the conduit resides.(e) For purposes of this article, modify, repair, or replace includes the ability to install new, or improve existing, piping, lining, or other methods that provide for conservation and beneficial use of water, as provided in Section 100.
7000.5. (a) Notwithstanding any other law, where a conduit is constructed across or buried beneath the lands of two or more landowners, a landowner whose property the conduit is constructed across or buried beneath may modify, repair, or replace the conduit on or beneath their land if the modification, repair, or replacement is made in a manner that does not impede the flow of the water to any other property receiving a benefit of the conduit and does not otherwise injure any person using or interested in the conduit.
(b) Notwithstanding any other law, where a conduit is constructed across or buried beneath the lands of two or more landowners, a landowner whose property the conduit is constructed across or buried beneath may modify, repair, or replace the conduit on or beneath the land of any other landowner that the conduit is constructed across or buried beneath if the landowner making the change receives written permission from every landowner on whose land the conduit will be changed and the modification, repair, or replacement is made in a manner that does not impede the flow of the water to any other property receiving a benefit of the conduit and does not otherwise injure any person using or interested in the conduit.
(c) Any increased operation costs, maintenance costs, or other expenses involved in the modification, repair, or replacement of the conduit shall be the responsibility of the landowner who makes the change.
(d) Nothing in this section gives a landowner the right to alter the flow of water in a manner that would negatively affect other properties on which the conduit resides.
(e) For purposes of this article, modify, repair, or replace includes the ability to install new, or improve existing, piping, lining, or other methods that provide for conservation and beneficial use of water, as provided in Section 100.
SEC. 2. The heading of Article 2 (commencing with Section 7001) of Chapter 1 of Division 4 of the Water Code is amended and renumbered to read: Article 3. Contribution of Expenses of Jointly Used Wells, Pumping Plants Plants, or Conduits
SEC. 2. The heading of Article 2 (commencing with Section 7001) of Chapter 1 of Division 4 of the Water Code is amended and renumbered to read:
### SEC. 2.
Article 3. Contribution of Expenses of Jointly Used Wells, Pumping Plants Plants, or Conduits
Article 3. Contribution of Expenses of Jointly Used Wells, Pumping Plants Plants, or Conduits
Article 3. Contribution of Expenses of Jointly Used Wells, Pumping Plants Plants, or Conduits
Article 3. Contribution of Expenses of Jointly Used Wells, Pumping Plants Plants, or Conduits
SEC. 3. The heading of Article 3 (commencing with Section 7005) of Chapter 1 of Division 4 of the Water Code is amended and renumbered to read: Article 4. Proceeding for Declaration of Rights in Jointly Used Wells, Pumping Plants Plants, or Conduits
SEC. 3. The heading of Article 3 (commencing with Section 7005) of Chapter 1 of Division 4 of the Water Code is amended and renumbered to read:
### SEC. 3.
Article 4. Proceeding for Declaration of Rights in Jointly Used Wells, Pumping Plants Plants, or Conduits
Article 4. Proceeding for Declaration of Rights in Jointly Used Wells, Pumping Plants Plants, or Conduits
Article 4. Proceeding for Declaration of Rights in Jointly Used Wells, Pumping Plants Plants, or Conduits
Article 4. Proceeding for Declaration of Rights in Jointly Used Wells, Pumping Plants Plants, or Conduits
It is the intent of the Legislature to enact subsequent legislation relating to water.