Code Section Group

Water Code - WAT

DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7075]

  ( Division 4 enacted by Stats. 1943, Ch. 368. )

CHAPTER 1. Joint Use of Wells, PumpingPlants and Conduits [7000 - 7010]

  ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

ARTICLE 3. Proceeding for Declaration of Rights in Jointly Used Wells, Pumping Plants or Conduits [7005 - 7010]
  ( Article 3 enacted by Stats. 1943, Ch. 368. )

7005.
  

When two or more persons are using any conduit, well, or pumping plant for the conveyance of water or any part thereof for the irrigation of land or for any other lawful purpose, to the construction of which they or their grantors have contributed, and which is not under the control or management of any public agency or authority, any one or more of them may bring an action in the superior court of the county in which the conduit, well, or pumping plant, or some part thereof, is situated, for a declaration of the respective rights of the users of water in the conduit, well, or pumping plant, including a determination of the manner in which the conduit, well, or pumping plant shall be administered with respect to repair, upkeep, improvement, and otherwise.

(Enacted by Stats. 1943, Ch. 368.)

7006.
  

The complaint shall contain the names, if known, of all users, and if there are users whose names are unknown, a statement that they are unknown.

(Enacted by Stats. 1943, Ch. 368.)

7007.
  

The users other than those bringing the action shall be styled defendants.

(Enacted by Stats. 1943, Ch. 368.)

7008.
  

The summons shall contain the names of the parties, and an order to the defendants to appear and show cause why the determination of rights as prayed for in the complaint should not be granted. In all other particulars the summons shall be in the form of, and served in the same manner as, a summons in a civil action.

(Enacted by Stats. 1943, Ch. 368.)

7009.
  

The court shall determine the manner in which all improvements, repairs, maintenance and other matters relating to the conduit, well, or pumping plant shall be authorized, and thereafter no user of such conduit, well, or pumping plant may make claim for any funds expended for improvements, repairs, maintenance and otherwise except as determined by the court in said action. No authorization for such claim shall be valid except as made under the authority set forth by the decree or judgment of the court.

(Enacted by Stats. 1943, Ch. 368.)

7010.
  

The decree shall include a determination of the proportionate amount which all users shall contribute to the maintenance, repair, improvement and other expenses relating to the conduit, well, or pumping plant.

(Enacted by Stats. 1943, Ch. 368.)

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