Section 1810 Of Article 4. Joint Use Of Capacity In Water Conveyance Facilities From California Water Code >> Division 2. >> Part 2. >> Chapter 11. >> Article 4.
1810
. Notwithstanding any other provision of law, neither the
state, nor any regional or local public agency may deny a bona fide
transferor of water the use of a water conveyance facility which has
unused capacity, for the period of time for which that capacity is
available, if fair compensation is paid for that use, subject to the
following:
(a) Any person or public agency that has a long-term water service
contract with or the right to receive water from the owner of the
conveyance facility shall have the right to use any unused capacity
prior to any bona fide transferor.
(b) The commingling of transferred water does not result in a
diminution of the beneficial uses or quality of the water in the
facility, except that the transferor may, at the transferor's own
expense, provide for treatment to prevent the diminution, and the
transferred water is of substantially the same quality as the water
in the facility.
(c) Any person or public agency that has a water service contract
with or the right to receive water from the owner of the conveyance
facility who has an emergency need may utilize the unused capacity
that was made available pursuant to this section for the duration of
the emergency.
(d) This use of a water conveyance facility is to be made without
injuring any legal user of water and without unreasonably affecting
fish, wildlife, or other instream beneficial uses and without
unreasonably affecting the overall economy or the environment of the
county from which the water is being transferred.