SECTIONS 1775-1782 - California Statutes

WATER CODE

SECTION 1775-1782

1775. If at any time it appears to the board, after a hearing of
the persons interested and an investigation, that the full capacity
of the works built or constructed, or being built or constructed,
under an appropriation of water made pursuant to the Water Commission
Act or this code has not developed or cannot develop the full
capacity of the stream at the point where the works have been or are
being built or constructed, and that the holder of the appropriation
will not or cannot, within a period deemed to be reasonable by the
board, develop the stream at that point to such capacity as the board
deems to be required by the public good, the board may permit the
joint occupancy and use, with the holder of the appropriation, to the
extent necessary to develop the stream to its full capacity or to
such portion of its capacity as may appear to the board to be
advisable, by any persons applying therefor, of any such works.

1776. The board shall take into consideration the reasonable cost
of the original and new work, the good faith of the applicant, the
market for water or power to be supplied by the original and the new
work, and the income or use that may be required to provide fair and
reasonable returns upon such cost.

1777. The applicant shall be required to pay to the person owning
the works a pro rata portion of the total cost of the old and the new
works.

1778. If the water is used or to be used for irrigation or domestic
purposes, the pro rata portion of the cost shall be based upon the
proportion of the water used by the original and the subsequent users
of the works.

1779. If the water is used or to be used for the generation of
power, the pro rata portion of the cost shall be based upon the
relative amount of power capable of being developed by the original
and the new works.

1780. If a portion of the water is used or to be used for
irrigation and another portion is used or to be used for the
generation of power, the applicant shall pay to the person owning the
works a pro rata portion of the total cost of the old and new works
based upon the proportion of the relative amount of water used by
each joint occupant and the income derived by each from the joint
occupancy.

1781. If any of the water is used or to be used for purposes other
than those specified in this article, the applicant shall pay to the
person owning the works such a pro rata portion of the total cost of
the old and new works as appears to the board to be just and
equitable.

1782. The applicant shall also pay a proper pro rata share, based
as above provided in this article, of the cost of maintaining the
works, on and after beginning the occupancy and use thereof.