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

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Date Published: 06/28/2021 10:00 AM
SB463:v97#DOCUMENT

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 to, of, the Water Code, relating to water.


LEGISLATIVE COUNSEL'S DIGEST


SB 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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 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 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 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