California 2023-2024 Regular Session

California Senate Bill SB836

Introduced
2/17/23  
Refer
3/1/23  
Refer
3/1/23  
Report Pass
4/26/23  
Report Pass
4/26/23  
Engrossed
5/11/23  
Engrossed
5/11/23  
Refer
5/18/23  
Refer
5/18/23  
Report Pass
7/11/23  
Report Pass
7/11/23  
Enrolled
9/12/23  
Enrolled
9/12/23  
Chaptered
10/13/23  
Chaptered
10/13/23  
Passed
10/13/23  

Caption

Landowner: water right holder: jointly used conduits: County of Siskiyou.

Impact

If enacted, SB 836 would standardize how landowners and water right holders can manage and maintain conduits that provide water access across shared land. The bill requires that any change to a conduit, made by a landowner or water right holder, must be preceded by written notice and, where applicable, permission from public agencies. However, the bill does not permit alterations that negatively affect existing rights holders. Moreover, any increased costs related to maintenance or alterations will be the responsibility of the landowner or water right holder initiating those changes, placing a financial burden on them for any new operational requirements.

Summary

Senate Bill No. 836, also known as the Landowner and Water Right Holder Statute for Jointly Used Conduits, focuses on legislative amendments pertinent to water conduits in the County of Siskiyou. The bill grants specific permissions to landowners and water right holders regarding the modification or replacement of water conduits that cross or are buried beneath their properties. These modifications can occur only if done in a manner that does not disrupt the water flow to other rights holders benefiting from the shared use of the conduit. Importantly, these provisions apply solely within the jurisdiction of Siskiyou County to address local concerns regarding rural water systems.

Sentiment

The general sentiment around SB 836 appears to be supportive among local landowners who wish to have clearer rights and responsibilities concerning joint water conduits. Supporters argue that the bill facilitates better management of local water resources, allowing for necessary updates and maintenance without cumbersome regulations that could delay needed work. However, concerns have been noted regarding the potential for disputes among landowners about modifications and the responsibilities associated with infrastructure maintenance, which could lead to tensions in landowner relations.

Contention

Notable points of contention focus on the balance of responsibilities among landowners sharing water conduits. While some advocates emphasize the bill as a necessary simplification of water management, critics highlight the risks that could arise from less regulated changes made without sufficient oversight. For instance, allowing landowners to modify conduits independently raises questions about ensuring water flow consistency and the potential for property damage during modifications. Therefore, while the bill addresses essential local needs, its implementation will require careful monitoring to prevent conflicts between landowners and ensure mutual benefit.

Companion Bills

No companion bills found.

Previously Filed As

CA SB463

Water: landowner or water right holder right to modify, repair, or replace jointly used conduits.

CA SB207

County road commissioner: County of Siskiyou.

CA SB190

Allow water right holders to consent to waive adverse effects analysis in permit or change applications

CA HB2197

Waters and water rights; definition; provisional temporary permit; reversion of water; report by permit holders; administrative orders; permits; emergency.

CA SB358

Revise exempt water right laws

CA SB178

Provide for temporary lease of water rights

CA HB1093

Waters and water rights; classification of water uses; requiring the Water Resources Board to propose certain rules; effective date.

CA HB441

Align provisional water rights with final decrees

CA SB667

Relating to the management of groundwater resources in this state and the rights of landowners in groundwater.

CA HB1731

Relating to the management of groundwater resources in this state and the rights of landowners in groundwater.

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