Today's Law As Amended


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SB-463 Water: landowner right to modify, repair, or replace jointly used conduits.(2021-2022)



As Amends the Law Today


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 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.

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

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