Bill Text: CA SB463 | 2021-2022 | Regular Session | Amended
Bill Title: Water: landowner or water right holder right to modify, repair, or replace jointly used conduits.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2022-10-24 - Returned to Chief Clerk pursuant to Joint Rule 62(a). [SB463 Detail]
Download: California-2021-SB463-Amended.html
|
Amended
IN
Assembly
January 10, 2022 |
|
Amended
IN
Assembly
June 28, 2021 |
|
Amended
IN
Senate
March 08, 2021 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 463
| Introduced by Senator Dahle |
February 16, 2021 |
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.
LEGISLATIVE COUNSEL'S DIGEST
SB 463, as amended, Dahle.
Water: landowner or water right holder right to modify, repair, or replace jointly used conduits.
Existing law declares that the general welfare requires that the water sources resources 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, landowner, 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, to 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 water right holder receiving a benefit of the conduit or, otherwise injure any person using or interested in the
conduit.
The bill would authorize a landowner or water right holder
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. The bill would require the landowner
or water right holder making the change to receive written permission from a public landowner, as defined, on whose land the conduit will be changed, as specified. The bill would require the modification, repair, or replacement 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. water right holders that benefit from use of 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 or water
right holder who makes the change.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill 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 or Water Right Holder 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, 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(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 beneath, or water right holder to the water in the conduit, 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 modification, repair, or replacement is made in a manner that does not impede the flow of the water to any other property
water right holder receiving a benefit of the conduit and does not otherwise injure any person using or interested in the conduit.
(c) (1) If a landowner or a water right holder 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 or water right holder 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.
(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 or water right holder who makes the change.
(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.
(f) For purposes of this article, 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.
