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.