BILL NUMBER: SB 775	CHAPTERED  09/14/06

	CHAPTER  246
	FILED WITH SECRETARY OF STATE  SEPTEMBER 14, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 14, 2006
	PASSED THE SENATE  AUGUST 23, 2006
	PASSED THE ASSEMBLY  AUGUST 21, 2006
	AMENDED IN ASSEMBLY  AUGUST 15, 2006
	AMENDED IN ASSEMBLY  JUNE 22, 2006
	AMENDED IN SENATE  APRIL 11, 2005

INTRODUCED BY   Senator Cox

                        FEBRUARY 22, 2005

   An act to amend Section 4050 of the Water Code, relating to water.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 775, Cox  Watermasters: court appointments.
   Existing law provides for the establishment of watermaster service
areas by the Department of Water Resources for the purpose of
ensuring the most practical and economic supervision of the
distribution of water. Existing law permits the appointment by the
department of a watermaster in a service area upon the written
request of owners or governing bodies of at least 15% of the conduits
lawfully entitled to directly divert water in that service area.
   This bill would specify that, upon a petition, made to a court in
which a relevant judicial decree has been entered, by the owners or
governing bodies of at least 15% of the conduits lawfully entitled to
directly divert water in a service area subject to that decree, the
court may appoint a public agency as a watermaster to replace the
watermaster appointed by the department. The bill would provide that
a watermaster appointed pursuant to this provision would have the
powers and duties prescribed by the court pursuant to the exercise of
its judicial authority. The bill would provide that specified
provisions apply to the service area for which a watermaster is
appointed pursuant to this provision only to the extent determined by
the court. The bill would provide that upon the appointment of the
new watermaster by a court becoming effective, the department is not
responsible for carrying out any of the duties and obligations of a
watermaster for the service area. The bill would provide that upon
the appointment of the new watermaster by a court becoming effective,
and in the discretion of the department, any fixed waterflow
measuring device and fixed distribution structure installed by the
department would either be removed from the service area by the
department, or transferred at no charge to the new watermaster
appointed by the court. The bill would require that with respect to
any waterflow measuring device or fixed distribution structure
transferred to the new watermaster, all rights, duties, and
obligations of the department would accompany the transfer and would
be assumed by the new watermaster, and the new watermaster would hold
the department harmless for any and all claims or causes of action
relative to the items transferred that arise subsequent to the
transfer.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4050 of the Water Code is amended to read:
   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.