SECTIONS 11580-11588 - California Statutes

WATER CODE

SECTION 11580-11588

11580. When the department cannot acquire any necessary property by
agreement with the owner, the department may exercise the power of
eminent domain to acquire the property in the name of the state if
the project for which the property is being acquired has been
authorized and funds are available therefor.

11584. No water which, prior to January 13, 1934, was appropriated,
or for which application has been filed prior to January 13, 1934,
and remains in good standing, nor any tunnels, canals, dams, and
appurtenant works dedicated to public use prior to July 1, 1933, may
be acquired by the department through eminent domain proceedings
except, unless and until it is first determined in a court of
competent jurisdiction that the use proposed to be made thereof by
the department is a more necessary public use than that to which it
has already been appropriated or dedicated.

11585. Where any water or property mentioned in the next preceding
section has, prior to July 1, 1933, been filed on, appropriated, or
dedicated to public use by any State agency, the use thereof by the
State agency shall be deemed a more necessary public use.

11586. Where any water or property mentioned in Section 11584 has,
prior to July 1, 1933, been filed on, appropriated, or dedicated to a
public use by any state agency and the use proposed to be made
thereof by the department is consistent with the continuance of the
use thereof by the state agency for its purposes, the right to use
such property for the purposes proposed by the department is common
and consistent with the use being made thereof by the state agency
and may be acquired by eminent domain.

11588. Whenever the right of occupancy of any person upon national
forest or national park lands is terminated because of the
construction of the project, the department shall, in connection with
the construction of the project, acquire, by purchase or
condemnation, any buildings or improvements constructed upon such
lands by the person. In any such purchase or condemnation
proceedings, the department shall pay the value of the improvements
in place as the value existed prior to revocation of the federal
permit or their replacement cost, less depreciation, whichever is
lesser.
This section is not applicable to improvements located on
right-of-way across national forest or national park lands.