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Section 22438 Of Article 1. Acquisition Of Property From California Water Code >> Division 11. >> Part 5. >> Chapter 3. >> Article 1.
22438
. (a) A district which is the owner of an easement for an open
canal or other water conveyance facility for the transportation of
water across lands not owned by the district, other than an easement
evidenced by a written grant or judgment providing a legal
description of the easement, has a secondary easement on each side of
the open canal or other water conveyance facility for the
maintenance, repair, cleaning, operation, and control of the open
canal or other water conveyance facility and other use as may
reasonably be required by the district in exercising those rights and
in the maintenance, repair, cleaning, and operation of that easement
and open canal or other water conveyance facility with equipment
owned by, or available to, the district for that use at the time the
rights are exercised. The duration of the secondary easement shall be
for as long as the district, or its successors or assigns, continues
to own the open canal or other water conveyance facility easement
regardless of what use has or has not been made of the secondary
easement.
(b) The owner or any lessee of the land upon which a secondary easement is located may use the surface of the land upon which the secondary easement is located for his or her own purposes to the extent that use does not unreasonably interfere with the district's ownership or use of the secondary easement or the open canal or other water conveyance facility easement. Any encroachment or obstruction placed or permitted upon the secondary easement by the owner or any lessee of the land, which unreasonably interferes with the secondary easement or the open canal or other water conveyance facility easement, may be removed by the district at the owner's or lessee's expense, or by legal action filed by the district.
(c) This section shall not be construed to limit the right of a district or of any person to acquire any easement by prescription or condemnation or to enter into a written agreement concerning an easement or secondary easement upon terms agreed to by the parties.
(b) The owner or any lessee of the land upon which a secondary easement is located may use the surface of the land upon which the secondary easement is located for his or her own purposes to the extent that use does not unreasonably interfere with the district's ownership or use of the secondary easement or the open canal or other water conveyance facility easement. Any encroachment or obstruction placed or permitted upon the secondary easement by the owner or any lessee of the land, which unreasonably interferes with the secondary easement or the open canal or other water conveyance facility easement, may be removed by the district at the owner's or lessee's expense, or by legal action filed by the district.
(c) This section shall not be construed to limit the right of a district or of any person to acquire any easement by prescription or condemnation or to enter into a written agreement concerning an easement or secondary easement upon terms agreed to by the parties.
