Chapter 5Water Supply

Section § 81445

Explanation

This law allows an agency to manage water resources in a variety of ways. They can acquire water and water rights both inside and outside the state, develop and move water, and sell it at a wholesale level for various uses like municipal or industrial purposes. They can also work with cities, counties, districts, local public entities, utilities, and Stanford University. Additionally, the agency is permitted to create, operate, and upkeep the necessary facilities and infrastructure to support these activities both within and beyond their boundaries.

The agency may do all of the following:
(a)CA Water Code § 81445(a) Acquire water and water rights within or outside the state.
(b)CA Water Code § 81445(b) Develop, store, and transport water.
(c)CA Water Code § 81445(c) Provide, deliver, and sell water at wholesale for municipal, domestic, and industrial purposes to any city, county, district, other local public entity, public utility, or mutual water company located within the boundaries of the agency, and to Stanford University.
(d)CA Water Code § 81445(d) Acquire, construct, operate, and maintain any and all works, facilities, improvements, and property within or outside the boundaries of the agency necessary or convenient to carry out this division.
water rights acquisition water development water storage water transport wholesale water delivery municipal water supply industrial water use infrastructure for water management water facilities maintenance local public entities mutual water companies Stanford University water supply interstate water agreements water infrastructure development
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)

Section § 81446

Explanation

This law allows a water agency to research and analyze the current and future water needs of its members. The agency can also create plans for projects and programs to help meet these anticipated needs.

The agency may conduct studies of the water supplies available to its members, and their current and future demand for water. The agency may develop plans for projects and programs that can assist its members to meet those future water needs.
water supply studies water demand forecasting future water needs water agency planning water resources management member water needs project development programs for water needs water availability studies water demand analysis water supply planning water resources projects agency water studies future demand planning water needs assistance
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)

Section § 81447

Explanation

This law allows the agency to sell excess water not needed for local municipal, domestic, or industrial use for other beneficial purposes. However, the agency should prioritize users within its own boundaries. Furthermore, if the agency needs to reclaim this surplus water, they have the right to stop the supply to the buyer with one year's notice.

The agency may provide, deliver, and sell water not needed for municipal, domestic, or industrial uses within the boundaries of the agency for beneficial purposes but shall give preference to users within the agency. The supply of surplus water shall in every case be subject to the paramount right of the agency to discontinue that supply in whole or in part upon one year’s notice to the purchaser or user of that surplus water.
excess water sale local water supply municipal water use domestic water use industrial water use beneficial purposes water user preference surplus water rights paramount water rights water supply discontinuation one-year notice agency water rights water purchaser obligations boundary water users water supply priorities
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)

Section § 81448

Explanation

This law states that the agency cannot sell water directly to individual customers or households within its area. However, selling water to Stanford University is allowed and doesn't count as a retail sale.

The agency may not sell water to any retail user within the boundaries of the agency. Sales to Stanford University shall not be deemed sales to a retail user.
water sales restrictions retail water users agency boundaries Stanford University exception direct water sales prohibition water distribution rules water supply regulations institutional water sales local water management territorial water policy
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)

Section § 81449

Explanation

This law allows the agency to use eminent domain, which means they can legally take private property. They can do this if it's necessary or convenient for their projects, whether the property is inside or outside their jurisdiction, as long as they follow existing legal procedures. However, there's an exception mentioned in another section (81452).

Except as provided in Section 81452, the agency may exercise the right of eminent domain in the manner provided by law to acquire any property, within or outside the boundaries of the agency, necessary or convenient to carry out this division.
eminent domain property acquisition agency jurisdiction exception Section 81452 public projects legal procedures property rights boundary rules necessary or convenient property outside agency California water agency infrastructure projects government authority
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)

Section § 81450

Explanation

This law states that if any rights to construct or maintain water facilities have been reserved or granted to the state, any agency, political subdivision, or public corporation, then the agency can benefit from these rights. However, the agency cannot build any water facilities on land owned or controlled by San Francisco without obtaining San Francisco's permission first.

The agency is entitled to the benefit of any reservation or grant, in all cases, where any right has been reserved or granted to the state, or any agency or political subdivision thereof, or any public corporation, to construct or maintain water-related facilities in, under, or over any public or private lands. Nothing in this section authorizes the agency to construct facilities on lands owned or controlled by San Francisco without the consent of San Francisco.
water-related facilities land use rights public lands private lands construction permission San Francisco land usage state rights agency rights political subdivision public corporation land ownership water facility maintenance property consent reservation of rights grant of rights
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)

Section § 81451

Explanation

This law says that the agency has the same rights as cities to build and manage facilities on state property and public areas like streets and highways.

The agency may construct and operate works and facilities in, under, over, across, or along any street or public highway or over any of the lands which are the property of the state to the same extent that those rights and privileges are granted to cities within the state.
agency construction rights public highways state property facility operation city privileges infrastructure development state lands public works projects transportation routes construction authority municipal rights infrastructure management public transportation public right-of-way urban development
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)

Section § 81452

Explanation

This law states that an agency cannot take control of, interfere with, or use eminent domain on water distribution facilities that belong to a city, county, local public entity, or public utility unless they have permission from, and come to an agreement with, the respective owner.

The agency may not acquire by eminent domain, interfere with, or exercise any control over, any water distribution facility owned and operated by any city, city and county, local public entity, or public utility without the consent of, and upon those terms that are mutually agreed to by, that city, city and county, local public agency, or public utility.
eminent domain water distribution facilities consent requirement public utility local public entity agency restrictions interference prohibition mutual agreement control over facilities city approval county consent public utility control water distribution ownership facility acquisition restrictions local agency coordination
(Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)