Article 3. Conduits And Screens: Diversions Over 250 Cubic Feet Per Second of California Fish And Game Code >> Division 6. >> Part 1. >> Chapter 3. >> Article 3.
This article shall apply only to conduits described in
Section 5987, and conduits with a maximum flow capacity over 250
cubic feet per second of water.
In classifying conduits it is recognized that those involving the
passage of water through power devices and those of large size tend
to destroy fish in a greater degree than conduits of smaller size or
If this section is for any reason held to be unconstitutional,
such decision shall not affect the validity of the remainder of this
The Legislature hereby declares that the persons owning conduits
referred to in this section shall be subject to the provisions of
The department shall examine all conduits; and order the
owner of a conduit to install, and it is the duty of such an owner to
install, a screen on the conduit when, in the opinion of the
department, a screen is necessary to prevent fish from passing into
Except as provided in Sections 5987, 5988 and 5989, one-half of
the expense of constructing or installing a screen shall be paid by
the owner of a conduit and one-half by the department.
An order to install a screen shall be in writing, and shall
specify the type, size, mesh, material and location of the screen,
the time within which the screen shall be installed, and an estimate
of the expense of installing the screen.
When an order is made to install a screen, the department
shall pay the owner of the conduit upon whom the order is served
one-half of the estimated expense of the construction or installation
of the screen.
If the expense of constructing or installing a screen exceeds
the estimated expense the department shall, upon written
notification by the owner of the conduit, inspect the screen, and pay
to the owner one-half of the amount estimated to be necessary to
complete the construction or installation of the screen.
The owner of the conduit shall, within 10 days after
completing the installation of the screen, return to the department
any surplus money advanced by the department pursuant to this
All money paid by the department to the owner of a conduit
pursuant to this article shall be paid out of the Fish and Game
The department shall not pay one-half of the expense of the
construction and installation of any screen as provided in Sections
5981, 5983, and 5984 to any person engaged in producing, generating,
transmitting, delivering, or furnishing electricity for light, heat
If this section is for any reason held to be unconstitutional, the
decision shall not affect the validity of Section 5981, 5983 or
5984, and the Legislature hereby declares that the persons mentioned
in this section shall be subject to the provisions of Sections 5981,
5983 and 5984.
When a screen has been installed, the owner may, by written
notice within 90 days after such installation, request the department
to inspect the screen for the purpose of accepting it. Thereupon it
is the duty of the department to inspect the screen, and if it has
been installed in accordance with the order and plans and
specifications agreed upon by the department and the owner as
provided in Section 5992 or approved by the Department of Water
Resources the department shall accept and approve the screen in
writing. If, upon such inspection it appears that the screen has not
been constructed and installed in accordance with such plans and
specifications, the department shall, within 60 days after such
inspection, notify the owner of any deviation from the order.
Thereupon such deviation may be remedied within 90 days, and a
further inspection requested.
After acceptance, should the screen fail to function in an
efficient manner, no changes in conditions affecting its operation
having occurred subsequent to the acceptance of the screen, the owner
shall not be required to install a new screen. However, the
department may install another screen at the sole cost and expense of
the department of a type, size, mesh, and at a location agreed upon
by the department and the owner, or approved by the Department of
Water Resources, as provided in Section 5992 of this code.
It is unlawful for the owner of a conduit to refuse, fail, or
neglect to install a screen in compliance with an order from the
department or to permit the screen to be removed or taken out of
place, except for repairs or cleaning while water is running in the
In lieu of the department's ordering the owner to install a
screen the department may, at its option, elect to construct and
install the screen itself, in which event the type, size, mesh, and
location of the screen and the time within which it shall be
installed shall be determined as provided by Section 5992 of this
When the department elects to construct and install a screen,
one-half of the cost of construction and installation shall be paid
by the owner.
The department may pay the entire cost of the construction and
installation of a screen from the Fish and Game Preservation Fund, in
which case it shall, upon completion of the screen, notify the owner
of the amount of one-half of the cost, and the owner shall, within
30 days thereafter, remit that amount to the department.
Any screen installed under any of the provisions of this
article shall be reasonably adequate to prevent fish from passing
into the conduit and not unnecessarily impede the flow of water or
prevent the owner from diverting the amount of water he is legally
entitled to divert.
The type, size, mesh, and location of the screen and the time
within which it shall be installed shall be mutually agreed upon by
the department and the owner of the conduit. In the event the
department and the owner of the conduit cannot agree upon the type,
size, mesh, and location of the screen and the time within which it
shall be installed, such matters shall be submitted for determination
to the Department of Water Resources whose decision thereon shall be
final and conclusive.
If the owner and the department fail to agree upon the type, size,
mesh, location, and time of installation of the screen within 60
days from the first submission of proposed plans and specifications
by the department to the owner, either the department or the owner
may submit such matters, in writing to the Department of Water
Resources for final and conclusive decision, and it shall, within 60
days from such reference, render its decision in writing determining
The department shall maintain and keep the screen in repair, and
shall quarterly notify the owner in writing of the cost thereof, and
the owner shall within 30 days thereafter remit to the department an
amount equal to one-half of such cost.
The owner shall operate and keep free from debris any screen
installed, and shall quarterly notify the department in writing of
the cost thereof, and the department shall within 30 days thereafter
remit to the owner an amount equal to one-half of such cost.
Before the installation of any screen under the provisions of
this article, the department and the owner shall enter into an
agreement defining the method of determining the cost of maintenance,
repairs, operation, and keeping the screen free of debris, which
agreement shall provide that in the event either the department or
the owner objects to such cost the matter shall be referred to the
Director of General Services for his final and conclusive decision.