SB 836 — Landowner: water right holder: jointly used conduits: County of Siskiyou.

Summary

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.

Bill Text

• Chaptered 10/13/23 - Chaptered Current pdf October 13, 2023
• Enrolled 09/14/23 - Enrolled pdf September 14, 2023
• Amended 07/12/23 - Amended Assembly pdf July 12, 2023
• Amended 04/27/23 - Amended Senate pdf April 27, 2023
• Introduced 02/17/23 - Introduced pdf February 17, 2023
• SB836 View text html

Action History

1. October 13, 2023

   Chaptered by Secretary of State. Chapter 889, Statutes of 2023.

2. October 13, 2023

   Approved by the Governor.

3. September 20, 2023

   Enrolled and presented to the Governor at 4:30 p.m.

4. September 12, 2023

   Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2667.) Ordered to engrossing and enrolling.

5. September 07, 2023

   In Senate. Concurrence in Assembly amendments pending.

6. September 07, 2023

   Read third time. Passed. (Ayes 72. Noes 2. Page 2989.) Ordered to the Senate.

7. July 13, 2023

   Read second time. Ordered to third reading.

8. July 12, 2023

   Read second time and amended. Ordered to second reading.

9. July 11, 2023

   From committee: Do pass as amended. (Ayes 12. Noes 0.) (July 11).

10. June 20, 2023

    June 20 hearing postponed by committee.

11. May 18, 2023

    Referred to Com. on W., P., & W.

12. May 11, 2023

    In Assembly. Read first time. Held at Desk.

13. May 11, 2023

    Read third time. Passed. (Ayes 39. Noes 0. Page 1057.) Ordered to the Assembly.

14. May 09, 2023

    Ordered to special consent calendar.

15. April 27, 2023

    Read second time and amended. Ordered to third reading.

16. April 26, 2023

    From committee: Do pass as amended. (Ayes 10. Noes 0. Page 900.) (April 25).

17. April 11, 2023

    Set for hearing April 25.

18. March 09, 2023

    March 28 set for first hearing canceled at the request of author.

19. March 07, 2023

    Set for hearing March 28.

20. March 01, 2023

    Referred to Com. on N.R. & W.

21. February 21, 2023

    From printer. May be acted upon on or after March 20.

22. February 17, 2023

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• Megan Dahle · Primary

Votes

Subjects