California Water Code 7035 – Whenever any conduit for conducting water crosses a highway and no …
Whenever any conduit for conducting water crosses a highway and no written records exist showing that the highway rights-of-way existed prior to the conduit rights-of-way, it shall be conclusively presumed that the conduit was in place and lawfully maintained prior to the highway and such conduit shall be repaired, improved for the benefit of the public agency having jurisdiction over such highway, and replaced, if necessary, by the public agency having jurisdiction over such highway, provided that usual acts of maintenance of the conduit, such as cleaning the conduit of dirt or silt, shall be performed by and at the expense of the person using the conduit.
This section shall not apply to any conduit as to which Section 7034 is applicable.
Terms Used In California Water Code 7035
- conduit: includes canal, ditch, culvert, pipeline, flume, or other appliance for conducting water. See California Water Code 7030
- highway: includes both state and county highways as defined by or identified in the Streets and Highways Code. See California Water Code 7031
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Water Code 19
(Amended by Stats. 1974, Ch. 36.)