(a) The Department built, operates, manages and maintains the State Water Resources Development System and continues to repair, rehabilitate, enlarge and improve it to meet the continually expanding and increasing needs of California residents, businesses, farms and other users. To carry out this critical public infrastructure function, it is vital for the Department to protect the State Water Resources Development System from encroachments, activities and uses that may threaten its integrity, interfere with its operation and maintenance or obstruct, hinder or delay the repair, rehabilitation, relocation, installation, enlargement or improvement of its facilities. This chapter intends to establish regulations, policies and procedures to protect the State's water supply and conveyance system and ultimately secure the health and safety of the public.
The Department intends to control encroachments, while respecting the rights of others, by establishing a formal encroachment permit program. The Department recognizes that certain unauthorized uses, encroachments or activities exist within its right-of-way that are incompatible with the purposes for which these rights were acquired and may need to be removed or abated. These regulations establish an enforcement process to control, prevent, abate or remove such unauthorized activities, uses and encroachments that threaten the integrity of the system or interfere with the Department's ability to protect its critical infrastructure.
(b) Nothing in this chapter is intended to grant, alter, expand, or limit any title or interest in any department property interest.(c) Encroachment permits issued pursuant to these regulations shall not grant any title or interest in department property, or create any agency or independent contractor relationship between the Department and any person.Cal. Code Regs. Tit. 23, § 600.2
1. New section filed 4-22-2015; operative 7-1-2015 (Register 2015, No. 17). Note: Authority cited: Section 12899.9, Water Code. Reference: Sections 12899- 12899.11, 12931 and 12934(d), Water Code.
1. New section filed 4-22-2015; operative 7/1/2015 (Register 2015, No. 17).