11014.5.
(a) As used in this section, “department” means the Department of Fish and Game and the Department of Water Resources.(b) Notwithstanding any other provision of law, the department may not enter private property except pursuant to this section.
(c) (1) The department shall notify the owner of private property by telephone at least 72 hours prior to the department’s entering the property. The department may not enter the property without the owner’s consent, which shall be obtained after the notice required by this paragraph is given.
(2) Within 48 hours after receiving notice pursuant to paragraph (1), the property owner may notify the department of any condition on the department’s entry upon the property, which may include, but not be limited to, any of the following:
(A) That entry upon the property be postponed for up to five days from the date requested by the department.
(B) That the property owner accompany the department when it enters the property.
(C) That access to the property be limited to existing roads or other access points designated by the property owner.
(3) For purposes of paragraph (1), the department shall obtain consent by executing an entry permit that does all of the following:
(A) Requires the department to exercise reasonable precautions to avoid damage and to protect persons and property.
(B) Provides that the property owner assumes no liability for any loss or damage to property or injuries to or deaths of agents, contractors, or employees of the property owner caused by the department’s exercise of privileges granted in the permit.
(C) Provides that nothing in the permit precludes the property owner from filing a claim with the California Victim Compensation and Government Claims Board for any loss or expense that the property owner or its tenant may suffer caused by or due to exercise by the department of the privileges granted by the permit.
(D) Provides that the department agrees to indemnify and hold the property owner harmless from any damage caused by the department’s activities authorized by the permit and to reimburse the property owner for any damage to roads and fences, or other property caused by the department’s activities that are authorized by the permit.
(d) The department shall do all of the following when entering private property:
(1) Comply with any reasonable condition of entry that the property owner may establish.
(2) Comply with all applicable environmental laws and regulations while conducting work on the property.
(3) Carry current official photo identification and present it at any time at the property owner’s request.
(4) Document the date and time of entry upon and departure from the property.
(5) Provide the property owner with the name, title, business address, and business telephone number of each person entering the property prior to entrance.
(6) Notify the property owner of the number of vehicles and the license plate number of each vehicle prior to entrance.
(7) Obtain approval of the property owner each time a motorized vehicle other than a conventional truck or automobile enters the property.
(8) Provide a daily report to the property owner regarding any activity that the department surveyed or conducted on the property.
(9) Provide the property owner, within 10 days after the final departure from the property, a written report that includes the findings of any survey or activity conducted on the property.
(10) Provide the property owner with any report regarding any survey or activity conducted on the property that is finalized after the 10-day report under paragraph (9) is provided.
(11) Confine its observations, investigations, or other activity to the original purpose for which entry is sought.
(12) Provide the property owner reasonable compensation for any time the property owner spends accompanying the department on the property.
(13) Provide the property owner with compensation for any damages caused by the department’s entry upon the property or by violation of this section.
(e) The property owner shall immediately notify the appropriate authority within the department if the department violates any of the requirements of this section. The department shall respond to the property owner’s concerns within 48 hours, during which time the property owner may deny the department access to the property. If the property owner is not satisfied with the department’s response to his or her concerns, then the property owner may deny the department access to the property.