Section 625.3 - Non-Emergency Situations Notification and Removal of Unauthorized Encroachment(a) The Department may remove from the State Water Project any right-of-way encroachment that meets both of the following criteria: (1) Not later than sixty (60) days from the date on which notice was given pursuant to subdivision (b), Section 12899.5 of the Water Code, the owner, occupant, or person in possession of the encroachment has not asserted a right to be in possession consistent with Section 12899.8 of the Water Code and has not removed, or commenced to remove in a diligent manner, the encroachment.(2) The encroachment obstructs, threatens, or prevents the proper operation, maintenance, or rehabilitation of the State Water Project.(b) If the Department removes any encroachment upon the failure of the owner to comply with the notice pursuant to subdivision (b), Section 12899.5 of the Water Code, the Department may recover the expense of the removal, costs and expenses of suit, including attorneys fees, and, in addition, the sum of One Thousand Dollars ($1,000.00) for each day the encroachment remains after the expiration of the applicable response period described in subdivision (c), Section 12899.5 of the Water Code.Cal. Code Regs. Tit. 23, § 625.3
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 12899.5(b), 12899.5(c), 12899.5(e), 12899.5(g) and 12899.8, Water Code.
1. New section filed 4-22-2015; operative 7/1/2015 (Register 2015, No. 17).