California Code of Regulations
Title 23 - Waters
Division 2 - Department of Water Resources
Chapter 6 - Encroachments
Article 2 - Encroachment Permit General Provisions
Section 605 - Activities Requiring Encroachment Permits

Universal Citation: 23 CA Code of Regs 605

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

The following activities require an Encroachment Permit:

(a) The installation of any tower, pole, pipe, fence, building, structure, object, or improvement of any kind or character that is placed in, on, under, or over any portion of the State Water Project or other use of the Department's right-of-way, including the alteration of the ground surface elevation by more than one foot, or the planting of trees, vines, or other vegetation on the Department's right-of-way that may pose a threat to the physical integrity of any facility of the State Water Project or that could interfere with the Department's rights with regard to access, inspection, repair or the operation and maintenance of any State Water Project facility.

(b) Proposed modifications to the existing soil or other cover over State Water Project pipelines.

(c) Temporary or permanent placement of excavated materials within the Department's right-of-way.

(d) Storage and placement of construction equipment and materials within the Department's right-of-way

(e) Causing or allowing water to be drained, from the person's lands onto the State Water Project's right-of-way by any means, which results in damage to the State Water Project system or right-of-way, or interferes with the ability of the Department to conduct operations and maintenance activities in the right-of-way, except where the water naturally drains onto the Department's right-of-way.

(f) Obstruct any natural watercourse in a manner that does any of the following:

(1) Prevents, impedes, or restricts the natural flow of waters onto any portion of the Department's right-of-way into and through the watercourse or State Water Project cross drainage structures, unless the Department determines that the change to the natural watercourse will not result in damage to any portion of the State Water Project or the Department's right-of-way.

(2) Causes waters to be impounded within the Department's right-of-way that damages the State Water Project or the Department's right-of-way, except where the water naturally drains onto the Department's right-of-way.

(3) Damages Department's right-of-way, or impedes or makes hazardous the operation, maintenance, and rehabilitation of the State Water Project right-of-way or facilities.

(g) Stores or distributes water in a manner that causes the water to flow onto, obstructs or damages any portion of the State Water Project or the Department's right-of-way.

1. New section filed 4-22-2015; operative 7-1-2015 (Register 2015, No. 17). For prior history, see Register 79, No. 4.

Note: Authority cited: Section 12899.9, Water Code. Reference: Sections 12899(b) and 12899.6, Water Code.

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