Amended  IN  Assembly  July 12, 2023
Amended  IN  Senate  April 27, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 836

Introduced by Senator Dahle

February 17, 2023

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 836, as amended, Dahle. Landowner: water right holder: jointly used conduits: County of Siskiyou.
Existing law declares that the general welfare requires that the water 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, in the County of Siskiyou, 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 or replace the conduit on or beneath their land if the modification or replacement is made in a manner that does not impede the flow of the water to any other water right holder receiving a benefit of the conduit.
This bill would authorize a water right holder, in the County of Siskiyou, 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 or replace the conduit on or beneath the land of any other landowner whose land 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 landowner or water right holder proposing a modification or replacement of a conduit to be liable for any damage to a private landowner’s property that may occur during the replacement or modification. The bill would require the modification or replacement to be made in a manner that does not impede the flow of the water to any other water right holders that benefit from use of the conduit. The bill would provide an exception to these provisions regarding access to, or a modification or replacement of, a conduit if a recorded easement or an agreement among the affected landowners or water right holders contains requirements that are inconsistent with these provisions.
This bill would require any increased operation, maintenance, or other expenses involved in the modification or replacement of the conduit to be the responsibility of the landowner or water right holder who makes the change. The bill would provide that these provisions are only applicable to conduits located within the County of Siskiyou.
This bill would make legislative findings and declarations as to the necessity of a special statute for County of Siskiyou.
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 or Water Right Holder Right to Modify or Replace Jointly Used Conduits

7000.5.
 (a) This article shall only apply to conduits located within the County of Siskiyou.
(b) 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 or replace the conduit on or beneath their land if the modification or replacement is made in a manner that does not impede the flow of the water to any other water right holder receiving a benefit of the conduit.
(c) 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 water right holder to the water in the conduit may modify or replace the conduit on or beneath the land of any landowner whose land the conduit is constructed across or buried beneath if the modification or replacement is made in a manner that does not impede the flow of the water to any other water right holder receiving a benefit of the conduit.
(d) (1) If a water right holder makes a modification or replacement pursuant to subdivision (c), written permission is required if the conduit is constructed across or buried beneath lands owned by a public landowner.
(2) A water right holder proposing a modification or replacement pursuant to subdivision (c) shall provide written notice at least 30 days before the start of the modification 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 (c) to the proposed modification or replacement and shall not be liable to any other affected landowner if the landowner requesting to do the modification or replacement does not have the authority pursuant to that subdivision.
(e) A landowner or water right holder proposing a modification or replacement pursuant to subdivision (c) shall provide written notice to a private landowner at least 30 days before the start of the modification or replacement when proposing work on land owned by the private landowner, and shall include detailed information on the proposed work and access to the conduit on the land in the written notice. The landowner or water right holder proposing a modification or replacement of a conduit shall be liable for any damage to a private landowner’s property that may occur during the replacement or modification.
(f) Any increased operation costs, maintenance costs, or other expenses involved in the modification or replacement of the conduit shall be the responsibility of the landowner or water right holder who makes the change.
(g) 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 water right holders that benefit from use of the conduit.
(h) If provisions regarding access to, or a modification or replacement of, a conduit are provided for in a recorded easement or an agreement among the affected landowners or water right holders that is inconsistent with this section, the provisions of the easement or agreement shall control.
(i) For purposes of this article, the following definitions apply:
(1) “Modify 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

SEC. 4.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique rural water systems that traverse through open ditches over many properties with multiple landowners in the County of Siskiyou.