| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | Amended IN Assembly June 28, 2021 Amended IN Senate March 08, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 463Introduced by Senator DahleFebruary 16, 2021An 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, of, the Water Code, relating to water.LEGISLATIVE COUNSEL'S DIGESTSB 463, as amended, Dahle. 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, and the conduit is not under the control or management of any public agency or authority, 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, and the conduit is not under the control or management of any public agency or authority, 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 beneath. The bill would require the landowner making the change receives to receive written permission from every landowner a public landowner, as defined, on whose land the conduit will be changed and changed, as specified. The bill would require the modification, repair, or replacement is to be 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.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, and the conduit is not under the control or management of any public agency or authority, 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, and the conduit is not under the control or management of any public agency or authority, 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) (1) If a landowner makes a modification, repair, or replacement pursuant to subdivision (b), written permission is required if the conduit is constructed across or buried beneath lands owned by a public landowner.(2) A landowner proposing a modification, repair, or replacement pursuant to subdivision (b) shall provide written notice at least 30 days before the start of the modification, repair, or replacement when proposing work on land owned by a public landowner, including detailed information on the proposed work and access to the conduit on the land.(3) A public landowner may condition its permission or deny a request.(4) A public landowner granting permission has no obligation to investigate the applicability of subdivision (b) to the proposed modification, repair, or replacement and shall not be liable to any other affected landowner if the landowner requesting to do the modification, repair, or replacement does not have the authority pursuant to that subdivision. (c)(d) 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)(e) 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)(f) For purposes of this article, modify, the following definitions apply:(1) 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.(2) Public landowner means any district, governmental agency, or other governmental entity that owns an easement or any other right to land.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, 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, or Conduits | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly June 28, 2021 Amended IN Senate March 08, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 463Introduced by Senator DahleFebruary 16, 2021An 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, of, the Water Code, relating to water.LEGISLATIVE COUNSEL'S DIGESTSB 463, as amended, Dahle. 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, and the conduit is not under the control or management of any public agency or authority, 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, and the conduit is not under the control or management of any public agency or authority, 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 beneath. The bill would require the landowner making the change receives to receive written permission from every landowner a public landowner, as defined, on whose land the conduit will be changed and changed, as specified. The bill would require the modification, repair, or replacement is to be 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly June 28, 2021 Amended IN Senate March 08, 2021 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly January 10, 2022 | |
| 8 | 7 | Amended IN Assembly June 28, 2021 | |
| 9 | 8 | Amended IN Senate March 08, 2021 | |
| 10 | 9 | ||
| 11 | 10 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 12 | 11 | ||
| 13 | 12 | Senate Bill | |
| 14 | 13 | ||
| 15 | 14 | No. 463 | |
| 16 | 15 | ||
| 17 | 16 | Introduced by Senator DahleFebruary 16, 2021 | |
| 18 | 17 | ||
| 19 | 18 | Introduced by Senator Dahle | |
| 20 | 19 | February 16, 2021 | |
| 21 | 20 | ||
| 22 | - | 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 of, the Water Code, relating to water. | |
| 21 | + | 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, of, the Water Code, relating to water. | |
| 23 | 22 | ||
| 24 | 23 | LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 24 | ||
| 26 | 25 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 27 | 26 | ||
| 28 | - | SB 463, as amended, Dahle. Water: landowner | |
| 27 | + | SB 463, as amended, Dahle. Water: landowner right to modify, repair, or replace jointly used conduits. | |
| 29 | 28 | ||
| 30 | - | Existing law declares that the general welfare requires that the water sources | |
| 29 | + | 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, and the conduit is not under the control or management of any public agency or authority, 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, and the conduit is not under the control or management of any public agency or authority, 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 beneath. The bill would require the landowner making the change receives to receive written permission from every landowner a public landowner, as defined, on whose land the conduit will be changed and changed, as specified. The bill would require the modification, repair, or replacement is to be 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. | |
| 31 | 30 | ||
| 32 | - | Existing law declares that the general welfare requires that the water sources | |
| 31 | + | 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. | |
| 33 | 32 | ||
| 34 | 33 | 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. | |
| 35 | 34 | ||
| 36 | - | This bill would authorize a landowner to | |
| 35 | + | This bill would authorize a landowner to, where a conduit is constructed across or buried beneath the lands of 2 or more landowners, and the conduit is not under the control or management of any public agency or authority, 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. | |
| 37 | 36 | ||
| 38 | - | The bill would authorize a landowner | |
| 37 | + | The bill would authorize a landowner to, where a conduit is constructed across or buried beneath the lands of 2 or more landowners, and the conduit is not under the control or management of any public agency or authority, 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 beneath. The bill would require the landowner making the change receives to receive written permission from every landowner a public landowner, as defined, on whose land the conduit will be changed and changed, as specified. The bill would require the modification, repair, or replacement is to be 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. | |
| 39 | 38 | ||
| 40 | - | 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 | |
| 39 | + | 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. | |
| 41 | 40 | ||
| 42 | 41 | ## Digest Key | |
| 43 | 42 | ||
| 44 | 43 | ## Bill Text | |
| 45 | 44 | ||
| 46 | - | 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 | |
| 45 | + | 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, and the conduit is not under the control or management of any public agency or authority, 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, and the conduit is not under the control or management of any public agency or authority, 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) (1) If a landowner makes a modification, repair, or replacement pursuant to subdivision (b), written permission is required if the conduit is constructed across or buried beneath lands owned by a public landowner.(2) A landowner proposing a modification, repair, or replacement pursuant to subdivision (b) shall provide written notice at least 30 days before the start of the modification, repair, or replacement when proposing work on land owned by a public landowner, including detailed information on the proposed work and access to the conduit on the land.(3) A public landowner may condition its permission or deny a request.(4) A public landowner granting permission has no obligation to investigate the applicability of subdivision (b) to the proposed modification, repair, or replacement and shall not be liable to any other affected landowner if the landowner requesting to do the modification, repair, or replacement does not have the authority pursuant to that subdivision. (c)(d) 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)(e) 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)(f) For purposes of this article, modify, the following definitions apply:(1) 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.(2) Public landowner means any district, governmental agency, or other governmental entity that owns an easement or any other right to land.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, 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, or Conduits | |
| 47 | 46 | ||
| 48 | 47 | The people of the State of California do enact as follows: | |
| 49 | 48 | ||
| 50 | 49 | ## The people of the State of California do enact as follows: | |
| 51 | 50 | ||
| 52 | - | 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 | |
| 51 | + | 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, and the conduit is not under the control or management of any public agency or authority, 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, and the conduit is not under the control or management of any public agency or authority, 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) (1) If a landowner makes a modification, repair, or replacement pursuant to subdivision (b), written permission is required if the conduit is constructed across or buried beneath lands owned by a public landowner.(2) A landowner proposing a modification, repair, or replacement pursuant to subdivision (b) shall provide written notice at least 30 days before the start of the modification, repair, or replacement when proposing work on land owned by a public landowner, including detailed information on the proposed work and access to the conduit on the land.(3) A public landowner may condition its permission or deny a request.(4) A public landowner granting permission has no obligation to investigate the applicability of subdivision (b) to the proposed modification, repair, or replacement and shall not be liable to any other affected landowner if the landowner requesting to do the modification, repair, or replacement does not have the authority pursuant to that subdivision. (c)(d) 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)(e) 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)(f) For purposes of this article, modify, the following definitions apply:(1) 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.(2) Public landowner means any district, governmental agency, or other governmental entity that owns an easement or any other right to land. | |
| 53 | 52 | ||
| 54 | 53 | SECTION 1. Article 2 (commencing with Section 7000.5) is added to Chapter 1 of Division 4 of the Water Code, to read: | |
| 55 | 54 | ||
| 56 | 55 | ### SECTION 1. | |
| 57 | 56 | ||
| 58 | - | Article 2. Landowner | |
| 57 | + | 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, and the conduit is not under the control or management of any public agency or authority, 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, and the conduit is not under the control or management of any public agency or authority, 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) (1) If a landowner makes a modification, repair, or replacement pursuant to subdivision (b), written permission is required if the conduit is constructed across or buried beneath lands owned by a public landowner.(2) A landowner proposing a modification, repair, or replacement pursuant to subdivision (b) shall provide written notice at least 30 days before the start of the modification, repair, or replacement when proposing work on land owned by a public landowner, including detailed information on the proposed work and access to the conduit on the land.(3) A public landowner may condition its permission or deny a request.(4) A public landowner granting permission has no obligation to investigate the applicability of subdivision (b) to the proposed modification, repair, or replacement and shall not be liable to any other affected landowner if the landowner requesting to do the modification, repair, or replacement does not have the authority pursuant to that subdivision. (c)(d) 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)(e) 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)(f) For purposes of this article, modify, the following definitions apply:(1) 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.(2) Public landowner means any district, governmental agency, or other governmental entity that owns an easement or any other right to land. | |
| 59 | 58 | ||
| 60 | - | Article 2. Landowner | |
| 59 | + | 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, and the conduit is not under the control or management of any public agency or authority, 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, and the conduit is not under the control or management of any public agency or authority, 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) (1) If a landowner makes a modification, repair, or replacement pursuant to subdivision (b), written permission is required if the conduit is constructed across or buried beneath lands owned by a public landowner.(2) A landowner proposing a modification, repair, or replacement pursuant to subdivision (b) shall provide written notice at least 30 days before the start of the modification, repair, or replacement when proposing work on land owned by a public landowner, including detailed information on the proposed work and access to the conduit on the land.(3) A public landowner may condition its permission or deny a request.(4) A public landowner granting permission has no obligation to investigate the applicability of subdivision (b) to the proposed modification, repair, or replacement and shall not be liable to any other affected landowner if the landowner requesting to do the modification, repair, or replacement does not have the authority pursuant to that subdivision. (c)(d) 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)(e) 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)(f) For purposes of this article, modify, the following definitions apply:(1) 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.(2) Public landowner means any district, governmental agency, or other governmental entity that owns an easement or any other right to land. | |
| 61 | 60 | ||
| 62 | - | Article 2. Landowner | |
| 61 | + | Article 2. Landowner Right to Modify, Repair, or Replace Jointly Used Conduits | |
| 63 | 62 | ||
| 64 | - | Article 2. Landowner | |
| 63 | + | Article 2. Landowner Right to Modify, Repair, or Replace Jointly Used Conduits | |
| 65 | 64 | ||
| 66 | - | 7000.5. (a) Notwithstanding any other law, where a conduit is constructed across or buried beneath the lands of two or more landowners, and the conduit is not under the control or management of any public agency or authority, 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 | |
| 65 | + | 7000.5. (a) Notwithstanding any other law, where a conduit is constructed across or buried beneath the lands of two or more landowners, and the conduit is not under the control or management of any public agency or authority, 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, and the conduit is not under the control or management of any public agency or authority, 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) (1) If a landowner makes a modification, repair, or replacement pursuant to subdivision (b), written permission is required if the conduit is constructed across or buried beneath lands owned by a public landowner.(2) A landowner proposing a modification, repair, or replacement pursuant to subdivision (b) shall provide written notice at least 30 days before the start of the modification, repair, or replacement when proposing work on land owned by a public landowner, including detailed information on the proposed work and access to the conduit on the land.(3) A public landowner may condition its permission or deny a request.(4) A public landowner granting permission has no obligation to investigate the applicability of subdivision (b) to the proposed modification, repair, or replacement and shall not be liable to any other affected landowner if the landowner requesting to do the modification, repair, or replacement does not have the authority pursuant to that subdivision. (c)(d) 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)(e) 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)(f) For purposes of this article, modify, the following definitions apply:(1) 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.(2) Public landowner means any district, governmental agency, or other governmental entity that owns an easement or any other right to land. | |
| 67 | 66 | ||
| 68 | 67 | ||
| 69 | 68 | ||
| 70 | - | 7000.5. (a) Notwithstanding any other law, where a conduit is constructed across or buried beneath the lands of two or more landowners, and the conduit is not under the control or management of any public agency or authority, 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 | |
| 69 | + | 7000.5. (a) Notwithstanding any other law, where a conduit is constructed across or buried beneath the lands of two or more landowners, and the conduit is not under the control or management of any public agency or authority, 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. | |
| 71 | 70 | ||
| 72 | - | (b) Notwithstanding any other law, where a conduit is constructed across or buried beneath the lands of two or more landowners, and the conduit is not under the control or management of any public agency or authority, a landowner whose property the conduit is constructed across or buried beneath | |
| 71 | + | (b) Notwithstanding any other law, where a conduit is constructed across or buried beneath the lands of two or more landowners, and the conduit is not under the control or management of any public agency or authority, 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. | |
| 73 | 72 | ||
| 74 | - | (c) (1) If a landowner | |
| 73 | + | (c) (1) If a landowner makes a modification, repair, or replacement pursuant to subdivision (b), written permission is required if the conduit is constructed across or buried beneath lands owned by a public landowner. | |
| 75 | 74 | ||
| 76 | - | (2) A landowner | |
| 75 | + | (2) A landowner proposing a modification, repair, or replacement pursuant to subdivision (b) shall provide written notice at least 30 days before the start of the modification, repair, or replacement when proposing work on land owned by a public landowner, including detailed information on the proposed work and access to the conduit on the land. | |
| 77 | 76 | ||
| 78 | 77 | (3) A public landowner may condition its permission or deny a request. | |
| 79 | 78 | ||
| 80 | 79 | (4) A public landowner granting permission has no obligation to investigate the applicability of subdivision (b) to the proposed modification, repair, or replacement and shall not be liable to any other affected landowner if the landowner requesting to do the modification, repair, or replacement does not have the authority pursuant to that subdivision. | |
| 81 | 80 | ||
| 82 | - | ( | |
| 81 | + | (c) | |
| 83 | 82 | ||
| 84 | - | (e) Nothing in this section gives a landowner or water right holder the right to alter the flow of water in a manner that would negatively affect other properties on which the conduit resides. water right holders that benefit from use of the conduit. | |
| 85 | 83 | ||
| 86 | - | (f) For purposes of this article, the following definitions apply: | |
| 84 | + | ||
| 85 | + | (d) 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. | |
| 86 | + | ||
| 87 | + | (d) | |
| 88 | + | ||
| 89 | + | ||
| 90 | + | ||
| 91 | + | (e) 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. | |
| 92 | + | ||
| 93 | + | (e) | |
| 94 | + | ||
| 95 | + | ||
| 96 | + | ||
| 97 | + | (f) For purposes of this article, modify, the following definitions apply: | |
| 87 | 98 | ||
| 88 | 99 | (1) 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. | |
| 89 | 100 | ||
| 90 | 101 | (2) Public landowner means any district, governmental agency, or other governmental entity that owns an easement or any other right to land. | |
| 91 | 102 | ||
| 92 | 103 | 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, or Conduits | |
| 93 | 104 | ||
| 94 | 105 | 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: | |
| 95 | 106 | ||
| 96 | 107 | ### SEC. 2. | |
| 97 | 108 | ||
| 98 | 109 | Article 3. Contribution of Expenses of Jointly Used Wells, Pumping Plants, or Conduits | |
| 99 | 110 | ||
| 100 | 111 | Article 3. Contribution of Expenses of Jointly Used Wells, Pumping Plants, or Conduits | |
| 101 | 112 | ||
| 102 | 113 | Article 3. Contribution of Expenses of Jointly Used Wells, Pumping Plants, or Conduits | |
| 103 | 114 | ||
| 104 | 115 | Article 3. Contribution of Expenses of Jointly Used Wells, Pumping Plants, or Conduits | |
| 105 | 116 | ||
| 106 | 117 | 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, or Conduits | |
| 107 | 118 | ||
| 108 | 119 | 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: | |
| 109 | 120 | ||
| 110 | 121 | ### SEC. 3. | |
| 111 | 122 | ||
| 112 | 123 | Article 4. Proceeding for Declaration of Rights in Jointly Used Wells, Pumping Plants, or Conduits | |
| 113 | 124 | ||
| 114 | 125 | Article 4. Proceeding for Declaration of Rights in Jointly Used Wells, Pumping Plants, or Conduits | |
| 115 | 126 | ||
| 116 | 127 | Article 4. Proceeding for Declaration of Rights in Jointly Used Wells, Pumping Plants, or Conduits | |
| 117 | 128 | ||
| 118 | 129 | Article 4. Proceeding for Declaration of Rights in Jointly Used Wells, Pumping Plants, or Conduits |