SECTIONS 7005-7010 - California Statutes

WATER CODE

SECTION 7005-7010

7005. When two or more persons are using any conduit, well, or
pumping plant for the conveyance of water or any part thereof for the
irrigation of land or for any other lawful purpose, to the
construction of which they or their grantors have contributed, and
which is not under the control or management of any public agency or
authority, any one or more of them may bring an action in the
superior court of the county in which the conduit, well, or pumping
plant, or some part thereof, is situated, for a declaration of the
respective rights of the users of water in the conduit, well, or
pumping plant, including a determination of the manner in which the
conduit, well, or pumping plant shall be administered with respect to
repair, upkeep, improvement, and otherwise.

7006. The complaint shall contain the names, if known, of all
users, and if there are users whose names are unknown, a statement
that they are unknown.

7007. The users other than those bringing the action shall be
styled defendants.

7008. The summons shall contain the names of the parties, and an
order to the defendants to appear and show cause why the
determination of rights as prayed for in the complaint should not be
granted. In all other particulars the summons shall be in the form
of, and served in the same manner as, a summons in a civil action.

7009. The court shall determine the manner in which all
improvements, repairs, maintenance and other matters relating to the
conduit, well, or pumping plant shall be authorized, and thereafter
no user of such conduit, well, or pumping plant may make claim for
any funds expended for improvements, repairs, maintenance and
otherwise except as determined by the court in said action. No
authorization for such claim shall be valid except as made under the
authority set forth by the decree or judgment of the court.

7010. The decree shall include a determination of the proportionate
amount which all users shall contribute to the maintenance, repair,
improvement and other expenses relating to the conduit, well, or
pumping plant.