SECTIONS 7040-7045 - California Statutes

WATER CODE

SECTION 7040-7045

7040. The flow of water in any natural stream to the intake of any
canal diverting water from the stream for any public use, or the use
of any farming neighborhood may be maintained by the person in charge
of the use.

7041. The flow may be maintained by restoring or repairing any
break in the bank of the stream, by maintaining the banks of the
stream, and by preventing by physical structure and other appropriate
means any increased flow of water through any natural by-ways of
water which carry or threaten to carry an increased flow of water of
the stream away from the canal intake.

7042. No act authorized in this chapter when performed, shall
prevent, retard or obstruct the building and maintenance thereafter
of any reclamation, protection, or flood control levee.

7043. No act authorized in this chapter shall prevent the use or
enlargement of any natural channel for municipal purposes or for use
in connection with any artificial system of drainage, irrigation, or
flood control which does not cause the flow of water in the channel
at the intake of the canal to be less than the quantity of water the
owners and appropriators have the right to divert into the intake.

7043.5. Only as applied to the New River in Imperial County, as
used in this chapter, "use or enlargement of any natural channel for
municipal purposes" includes, but is not limited to, sewage treatment
and pollution prevention and the encasing and piping of the New
River to protect human health and the natural environment.

7044. No act authorized in this chapter shall prevent the use or
enlargement of any natural channel to convey water appropriated under
the laws of this State, where the channel is designated as the
means, or part of the means of conveying the water so appropriated.

7045. No acts authorized by this chapter shall limit the powers of
the Department of Water Resources to accomplish in its own way the
purposes of this chapter nor interfere with the construction of any
flood control works in accordance with any plan of flood control
adopted by the Reclamation Board.