State Codes and Statutes

State Codes and Statutes

Statutes > California > Wat > 4050-4053

WATER CODE
SECTION 4050-4053



4050.  (a) Upon written request submitted to the department by the
owners or governing bodies of at least 15 percent of the conduits
lawfully entitled to directly divert water from the streams or other
sources of water supply in any service area, the department may, if
it determines that it is necessary, appoint a watermaster and if
necessary, in its discretion, one or more deputy watermasters for the
service area.
   (b) Upon petition, made to a court in which a relevant judicial
decree has been entered, by the owners or governing bodies of at
least 15 percent of the conduits lawfully entitled to directly divert
water from the streams or other sources of water supply in any
service area, the court may appoint a public agency as watermaster
under this part to replace the watermaster appointed by the
department.
   (c) (1) A watermaster appointed pursuant to subdivision (b) shall
have the powers and duties prescribed by the court pursuant to the
exercise of its judicial authority, which may include any powers and
duties prescribed by this part.
   (2) This part shall apply to the service area for which a
watermaster is appointed pursuant to subdivision (b) only to the
extent determined by the court.
   (d) (1) If in response to a petition made to a court, the court
appoints a watermaster in a service area in which the department
previously appointed a watermaster, upon the appointment of the new
watermaster becoming effective, the department shall not be
responsible for carrying out any of the duties and obligations of
this part, including any responsibility for the funding of the
expenses of administration or distribution pursuant to Chapter 7
(commencing with Section 4200).
   (2) If in response to a petition made to a court, the court
appoints a watermaster in a service area in which the department
previously appointed a watermaster, upon the appointment of the new
watermaster becoming effective and in the discretion of the
department, any fixed waterflow measuring device and fixed
distribution structure installed by the department shall either be
removed from the service area by the department, or transferred at no
charge to the new watermaster appointed by the court. With respect
to any waterflow measuring device or fixed distribution structure
transferred to the new watermaster, all rights, duties, and
obligations of the department shall accompany the transfer and shall
be assumed by the new watermaster, and the new watermaster shall hold
the department harmless for any and all claims or causes of action
relative to the items transferred that arise subsequent to the
transfer.


4051.  The department may from time to time discontinue watermaster
service in any service area, if necessity therefor ceases, and revive
the service whenever and as frequently as necessity exists.



4052.  The watermaster shall be properly qualified and shall perform
the duties imposed on him by this part as an employee under the
general supervision and control of the department.



4053.  Watermasters, in addition to compensation for their services,
shall receive necessary travel expenses incurred in the performance
of their duties.