As used in this chapter, “conduit” includes canal, ditch, culvert, pipeline, flume, or other appliance for conducting water.
Chapter 3Bridges and Conduits on or Near Highways
Section § 7030
This section defines the term "conduit" as any structure used to carry water, such as a canal, ditch, culvert, pipeline, or flume.
conduit definition canal ditch culvert pipeline flume water conducting structures water transportation water channels water flow irrigation structures water conveyance system water infrastructure aqueduct alternatives
Section § 7031
This section defines the term 'highway' to include both state and county highways, based on definitions or identifications in the Streets and Highways Code, except for Section 7034.
As used in this chapter, except in Section 7034, “highway” includes both state and county highways as defined by or identified in the Streets and Highways Code.
highway definition state highways county highways Streets and Highways Code Section 7034 exception transportation infrastructure road classification legal definitions infrastructure regulations roadway identification
Section § 7031.5
This section defines the term "bridge" as a structure that enables water to flow underneath it, typically using an uncovered channel like a canal, ditch, or flume.
As used in this chapter, “bridge” means a structure constructed to allow the conducting of water underneath by canal, ditch, flume or other uncovered appliance for conducting water.
bridge definition water flow structure canal ditch flume uncovered water appliance water conducting structure for water flow water channel agricultural water management irrigation infrastructure water movement waterway structure California water infrastructure water underneath structure
Section § 7032
You can't install, build, or keep any conduit in a way that blocks a highway.
No conduit shall be laid, constructed, or maintained so as to obstruct any highway.
conduit installation highway obstruction constructing conduit maintaining conduits roadway blockage infrastructure placement transportation routes public road access street access conduit regulations traffic hindrance
Section § 7033
This law states that if you build or upgrade a waterway or pipeline that crosses or runs alongside an existing highway for your own use, you must do so following the standards set by the county or state. Additionally, you are responsible for covering all the costs associated with the construction or improvement of that conduit.
Every person or public district or agency who or which initially constructs, or improves for his or its own benefit, any conduit crossing or running along any pre-existing highway, shall construct or improve such conduit in accordance with standards established by the county or State as the case may be, and at the expense of the person so constructing or improving such conduit.
conduit crossing pipeline construction highway standards county standards state standards construction costs public district agency construction existing highway infrastructure improvement personal benefit expense responsibility utility conduit highway conduit construction standards
Section § 7034
This law states that if bridges or conduits are built on county highways to county standards and accepted by the county, no matter who built them, the county is responsible for their maintenance and repair. If the county highway becomes a state highway, then the state takes on these responsibilities. An amendment in 1963 clarified that this responsibility arrangement was already the law.
Bridges or conduits heretofore or hereafter constructed in a permanent manner, whether by encroachment permit or otherwise, which cross county highways and which have been constructed or brought up to county standards, and have been accepted, either formally or informally by appropriate action, shall, after such acceptance, and regardless of who constructed them, be the sole responsibility of the county, so far as maintenance, repair, improvement for the benefit of the county, reconstruction or replacement of such bridges and conduits are concerned. If any such county highways become state highways, the State shall succeed to the foregoing obligations of the county.
The amendment of this section made at the 1963 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the pre-existing law.
county highways state highways bridges conduits encroachment permit maintenance responsibility repair obligations county standards infrastructure acceptance law amendment 1963 highway management reconstruction responsibility transfer permanent construction county obligations
Section § 7035
If a water conduit crosses a highway and there's no proof showing the highway existed before the conduit, it's assumed the conduit was there first. In such cases, the government agency responsible for the highway must repair, upgrade, and if needed, replace the conduit for the public's benefit. However, regular maintenance like cleaning the conduit is the responsibility of the person using it. This rule does not apply if another specific regulation is relevant to the conduit.
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.
water conduit highway crossing right-of-way public agency responsibility conduit maintenance repair and improvement conduit replacement maintenance expense highway jurisdiction
Section § 7036
This law allows public districts or private utilities and counties in California to make agreements about covering costs related to infrastructure. They can share costs for moving, fixing, or changing facilities on each other's properties. The terms of these agreements are decided by the governing boards of the involved parties, aimed at being fair for both sides.
However, this section doesn't replace other rules in the chapter it's part of.
Any public district or private utility and any county may enter into a contract agreeing to pay and apportion between them the costs of locating, removing, repairing, or relocating any facilities owned or to be owned by either party on the roads or other property of the other in such proportion and upon such terms as the governing boards of the parties shall determine to be equitable.
This section shall not supersede the provisions of this chapter.
public district private utility contract agreement cost sharing infrastructure costs facilities relocation governing boards equitable terms property infrastructure county agreements road property facility repairs facility relocation inter-party agreements infrastructure management
