SECTIONS 22080-22089.5
WATER CODE
SECTION 22080-22089.5
SECTION 22080-22089.5
22080. As used in this article: (a) "Conduit" includes ditches, pipelines, and other means ofdiversion. (b) "District" means any irrigation district which includes landincluded within a watermaster service area for which a watermasterhas previously been appointed by the Department of Water Resources,but which elects to provide watermaster service pursuant to theprovisions of this article.22080.5. Any duty or authority vested in a watermaster appointed bya district may be exercised by the watermaster directly or throughthe agency of a deputy watermaster if there is one.22081. A district, as defined in subdivision (b) of Section 22080,may appoint one or more watermasters to regulate the use of waterwithin the district.22081.5. The owner of every conduit subject to regulation by anirrigation district shall construct and maintain to the satisfactionof the district a substantial and serviceable diversion dam or worksin the channel of the stream from which the water is diverted.22082. The owner of a conduit shall construct and maintain to thesatisfaction of the district a substantial and serviceable headgatein the conduit through which the water is diverted at or near thediversion dam or works.22082.5. The headgate shall be of such construction that it can belocked and kept closed by the watermaster.22083. The owner of a conduit shall construct and maintain suchwater flow measuring devices at such points along the conduit as maybe required and approved by the district for the purpose of assistingthe watermaster in determining the amounts of water which are beingdiverted and applied to beneficial use.22083.5. If the owner of any conduit refuses or neglects toconstruct and maintain the diversion dam or works, the headgate, orthe measuring devices provided for in this article after 30 days'notice by the district so to do, the watermaster may close theconduit, and it shall not be opened or any water diverted from thesource of supply until the requirements of the district as to thediversion dam or works, the headgate, or the measuring devices havebeen complied with.22084. The owner of every reservoir which is subject to regulationby a watermaster and which is located across or upon the bed of anatural stream or requires the use of a natural stream channel shallconstruct and maintain such measuring devices below the reservoir inthe stream and such measuring devices above the reservoir on eachstream or source of supply discharging into the reservoir as may berequired and approved by the district for the purpose of assistingthe district or the watermaster in determining the amounts of waterto which the owner is entitled and the amounts of water which theowner is diverting, storing, and applying to beneficial use.22084.5. If the owner of any reservoir neglects or refuses toconstruct and maintain the measuring devices provided for in thisarticle after 30 days' notice by the district, the watermaster mayopen the outlet of the reservoir and the outlet shall not be closed,except by order of the district, until the requirements of thedistrict as to the measuring devices are complied with.22085. The district may make such reasonable regulations to securedistribution of water in accordance with determined rights as may beneeded.22085.5. The watermaster shall divide the water of the streams orother sources of supply among the several conduits and reservoirstaking water therefrom and so adjust or close the headgates ofconduits and regulate the controlling works of reservoirs as may benecessary to insure a distribution of the water among the water usersentitled to its use, according to the rights of the users.22086. Whenever in pursuance of his duties the watermasterregulates a headgate to a conduit or the controlling works of areservoir, he may attach to the headgate or controlling works awritten notice properly dated and signed setting forth the fact thatthe headgate or controlling works have been properly regulated andare wholly under his control.22086.5. The notice is legal notice to all persons interested inthe diversion and distribution of the water of the conduit orreservoir.22087. Any person who is injured by the action of any watermastermay apply to the superior court of the county in which the injurytakes place for an injunction.22087.5. Such injunction shall be issued only in case it is shownat the hearing that the watermaster has failed to distribute thewater according to the rights as determined by decrees of court,agreements, permits, or licenses.22088. Every person who willfully and without authority closes,changes, or interferes with any headgate, waterbox, or measuringdevice while it is under the control of the watermaster, or whowillfully takes or uses water which has been denied him by thewatermaster under the provisions of this part is guilty of amisdemeanor.22088.5. The possession or use of water when it has been so deniedby the watermaster is prima facie evidence of the guilt of the personusing it.22089. Every person who violates any of the provisions of thisarticle is guilty of a misdemeanor and is punishable by a fine of notless than twenty-five dollars ($25), nor more than two hundred fiftydollars ($250), or by imprisonment in the county jail for not lessthan 10 days nor more than six months, or by both such fine andimprisonment.22089.5. A watermaster has the power to arrest any person violatingany of the provisions of this article and to give him into thecustody of the sheriff or other competent police officer within thecounty, and immediately thereafter make a complaint before amagistrate against the person so arrested.