SECTIONS 7030-7036 - California Statutes

WATER CODE

SECTION 7030-7036

7030. As used in this chapter, "conduit" includes canal, ditch,
culvert, pipeline, flume, or other appliance for conducting water.

7031. As used in this chapter, except in Section 7034, "highway"
includes both state and county highways as defined by or identified
in the Streets and Highways Code.

7031.5. As used in this chapter, "bridge" means a structure
constructed to allow the conducting of water underneath by canal,
ditch, flume or other uncovered appliance for conducting water.

7032. No conduit shall be laid, constructed, or maintained so as to
obstruct any highway.

7033. Every person or public district or agency who or which
initially constructs, or improves for his or its own benefit, any
conduit crossing or running along any pre-existing highway, shall
construct or improve such conduit in accordance with standards
established by the county or State as the case may be, and at the
expense of the person so constructing or improving such conduit.

7034. Bridges or conduits heretofore or hereafter constructed in a
permanent manner, whether by encroachment permit or otherwise, which
cross county highways and which have been constructed or brought up
to county standards, and have been accepted, either formally or
informally by appropriate action, shall, after such acceptance, and
regardless of who constructed them, be the sole responsibility of the
county, so far as maintenance, repair, improvement for the benefit
of the county, reconstruction or replacement of such bridges and
conduits are concerned. If any such county highways become state
highways, the State shall succeed to the foregoing obligations of the
county.
The amendment of this section made at the 1963 Regular Session of
the Legislature does not constitute a change in, but is declaratory
of, the pre-existing law.

7035. Whenever any conduit for conducting water crosses a highway
and no written records exist showing that the highway rights-of-way
existed prior to the conduit rights-of-way, it shall be conclusively
presumed that the conduit was in place and lawfully maintained prior
to the highway and such conduit shall be repaired, improved for the
benefit of the public agency having jurisdiction over such highway,
and replaced, if necessary, by the public agency having jurisdiction
over such highway, provided that usual acts of maintenance of the
conduit, such as cleaning the conduit of dirt or silt, shall be
performed by and at the expense of the person using the conduit.
This section shall not apply to any conduit as to which Section
7034 is applicable.

7036. Any public district or private utility and any county may
enter into a contract agreeing to pay and apportion between them the
costs of locating, removing, repairing, or relocating any facilities
owned or to be owned by either party on the roads or other property
of the other in such proportion and upon such terms as the governing
boards of the parties shall determine to be equitable.
This section shall not supersede the provisions of this chapter.