SECTIONS 8995-9006 - California Statutes

WATER CODE

SECTION 8995-9006

8995. Any reclamation district, levee district, drainage district,
or municipal corporation, wholly or partly within the drainage
district, may, with the permission of the board, acquire by grant or
eminent domain or otherwise, any right of way or other easement
included in any of the plans for controlling the flood waters of the
Sacramento and San Joaquin rivers or their tributaries to be carried
out by the board pursuant to the provisions of this part.

8996. The right of way or other easement acquired pursuant to the
next preceding section shall be required by the plans of the
reclamation, levee, or drainage district or municipal corporation for
the consummation of its purposes as authorized by law.

8997. Any reclamation district, levee district, drainage district
or municipal corporation, wholly or partly within the drainage
district may with the permission of the board, construct levees,
cuts, canals or gates required to complete any by-pass forming part
of the plans to be carried out by the board, or to complete any part
of any by-pass which may in the judgment of the board be safely and
economically constructed as a separate unit or portion of the plans.

8998. The title to any such right of way or other easement or
levees, cuts, canals or gates shall be conveyed to the drainage
district upon compensation being made for the cost thereof.

8999. If any reclamation district, levee district, drainage
district, municipal corporation, or person within the drainage
district, with the consent of the board, provides or leaves any land
for a by-pass, waterway, storage basin or sump for the purpose of
complying with the plans to be carried out by the board, or for
carrying out in whole or in part any of the plans or works adopted by
it or erects any levee along the by-pass or waterway, storage basin
or sump, the by-pass, waterway, storage basin, sump, and levee shall
be considered as a part of the work to be done pursuant to the
provisions of this part and proper compensation shall be made for the
right of way or easement through, over and upon the by-pass,
waterway, storage basin or sump and for the actual reasonable cost of
construction of the levees, cuts, canals or gates.

9000. When the compensation has been made, the reclamation
district, levee district, drainage district, municipal corporation,
or person shall convey to the drainage district a perpetual easement
in, over and upon the by-pass, storage basin, sump or levee for all
purposes necessary to accomplish the plans to be carried out by the
board.

9001. Any reclamation district, levee district, drainage district,
municipal corporation or person which does any of the following, with
the consent of the board has a claim against the drainage district
for the reasonable value of the rights of way, levees, cuts, canals
or gates that are involved:
(a) Expends any sum of money in the acquisition of rights of way
or other easements, or in the construction of levees, cuts, canals or
gates.
(b) Conveys the rights of way, easements, levees, cuts, canals or
gates to the drainage district.
(c) Allows any land to be used for the purpose of a by-pass,
waterway, storage basin, or sump to comply with the plans to be
carried out by the board.
(d) Constructs levees along any line of any by-pass, or storage
basin and conveys a perpetual easement therein to the drainage
district.

9002. An easement shall be levied upon the lands in the drainage
district benefited thereby so that the claim may be paid.

9003. In lieu of levying an assessment pursuant to Section 9002 the
cost of the claim may be included as one of the items in any
assessment that may be levied in the drainage district.

9004. The words "with the permission of the board" or "with the
consent of the board," as used in this article mean the express
permission or consent of the board in each particular case, evidenced
by resolution or order entered in its minutes, and granted upon
application of the particular district, municipal corporation, or
person desiring to obtain benefit of the provisions of this article.

9005. Before granting its permission for the acquiring of any right
of way or easement or for the construction of any of the levees or
other works mentioned in this article, the board may require the
applicant to furnish and submit to the board complete and detailed
plans and specifications and estimates of the cost thereof, and the
board may in its order granting such permission designate a maximum
limit of the amount of compensation to be so allowed therefor.

9006. In case the board determines that the ownership in fee of,
instead of the right of way or easement over, any land required for
use as a by-pass, overflow channel or basin, or for any part of the
works of flood control to be carried out by the board, is necessary,
or that the absolute ownership by the drainage district of any
levees, cuts, canals, gates or other flood control works is necessary
for the purposes of the district, then the board may require that
title in fee and absolute ownership shall be conveyed to the drainage
district before any compensation is allowed therefor pursuant to any
of the provisions of this article.