Section 5992 Of Article 3. Conduits And Screens: Diversions Over 250 Cubic Feet Per Second From California Fish And Game Code >> Division 6. >> Part 1. >> Chapter 3. >> Article 3.
5992
. 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
such matters.
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.