SECTIONS 22425-22438 - California Statutes

WATER CODE

SECTION 22425-22438

22425. A district may acquire by any means any property or interest
in property to carry out its purposes, including any of the
following:
(a) Property for the construction, improvement, and operation of
works in this state or in any other state or in a foreign nation.
(b) Works being constructed.
(c) Stock of domestic or foreign corporations owning water, water
rights, canals, water works, franchises, concessions, or rights.
(d) Works by which land has been or may be supplied with water for
irrigation.
(e) Property not otherwise authorized herein that may be required
as a condition to obtaining state financial assistance for local
projects as set forth in Chapter 5 (commencing with Section 12880),
of Part 6, Division 6, of the Water Code.
(f) Public buildings and grounds.

22426. Any property necessary for the purposes of the district may
be acquired by the district and held subject to any liens,
incumbrances, or obligations on it at the time of its acquisition.

22427. If any road, railroad, canal, or other property subject or
devoted to public use will become subject to flooding or other
interference by reason of the construction or proposed construction
of any works of a district, the district may acquire the right to
flood or otherwise interfere with the property, whether or not it is
publicly or privately owned.

22428. If by a judgment or agreement a district is required to
relocate any road, railroad, canal, or other property subject or
devoted to public use, the district may acquire all property
necessary to comply with the agreement or judgment and make
conveyances of the relocated road, railroad, canal, or other property
to comply with the agreement or judgment.

22429. The right is hereby granted to locate, construct, and
maintain any of the works of a district on any land which is now or
hereafter owned by the State.

22430. There is given, dedicated, and set apart for the uses and
purposes of each district all water and water rights belonging to
this State within the district.

22431. A district may construct any works across any watercourse,
road, railway, conduit, or other property subject or devoted to
public use in a manner that will afford security to life and
property. The district shall restore the property crossed as near as
may be to its former state or so as not to have impaired
unnecessarily its usefulness.

22432. A district may on terms its board deems for the best
interests of the district take a deed or release from any claimant,
including any other taxing or assessing agency, to any interest in
any property owned or claimed by the district.

22433. A district may purchase pursuant to law property tax sold or
tax deeded to the State on which the district has a claim, lien, or
deed for unpaid assessments or any right, title, interest, or claim.

22434. Any district when it appears to its board to be for the best
interest of the district may discharge with or without compromise
any overlapping tax or assessment liens equal or superior in rank to
those of the district existing on any property to which the district
has title and may purchase any outstanding tax or assessment titles
existing on the property equal or superior in rank to the title of
the district.

22435. A district may notwithstanding any other provisions of this
division use any of its funds to carry out the provisions of Section
22434 and may with these funds purchase written evidences of
indebtedness of overlapping taxing or assessing agencies for this
purpose.

22436. A district may in its name take conveyances, leases,
contracts, or other assurances for all property acquired by it.

22437. The title to all property acquired by a district is held in
trust for its uses and purposes. The district may hold, use, acquire,
manage, sell, or lease the property as provided in this division.

22438. (a) A district which is the owner of an easement for an open
canal or other water conveyance facility for the transportation of
water across lands not owned by the district, other than an easement
evidenced by a written grant or judgment providing a legal
description of the easement, has a secondary easement on each side of
the open canal or other water conveyance facility for the
maintenance, repair, cleaning, operation, and control of the open
canal or other water conveyance facility and other use as may
reasonably be required by the district in exercising those rights and
in the maintenance, repair, cleaning, and operation of that easement
and open canal or other water conveyance facility with equipment
owned by, or available to, the district for that use at the time the
rights are exercised. The duration of the secondary easement shall be
for as long as the district, or its successors or assigns, continues
to own the open canal or other water conveyance facility easement
regardless of what use has or has not been made of the secondary
easement.
(b) The owner or any lessee of the land upon which a secondary
easement is located may use the surface of the land upon which the
secondary easement is located for his or her own purposes to the
extent that use does not unreasonably interfere with the district's
ownership or use of the secondary easement or the open canal or other
water conveyance facility easement. Any encroachment or obstruction
placed or permitted upon the secondary easement by the owner or any
lessee of the land, which unreasonably interferes with the secondary
easement or the open canal or other water conveyance facility
easement, may be removed by the district at the owner's or lessee's
expense, or by legal action filed by the district.
(c) This section shall not be construed to limit the right of a
district or of any person to acquire any easement by prescription or
condemnation or to enter into a written agreement concerning an
easement or secondary easement upon terms agreed to by the parties.