2007 California Water Code Article 3. Acquiring Facilities Of Public Utilities And State Agencies

CA Codes (wat:11590-11592)

11590.  The department has no power to take or destroy the whole or
any part of the line or plant of any common carrier railroad, other
public utility, or state agency, or the appurtenances thereof, either
in the construction of any dam, canal, or other works, or by
including the same within the area of any reservoir, unless and until
the department has provided and substituted for the facilities to be
taken or destroyed new facilities of like character and at least
equal in usefulness with suitable adjustment for any increase or
decrease in the cost of operating and maintenance thereof, or unless
and until the taking or destruction has been permitted by agreement
executed between the department and the common carrier, public
utility, or state agency.



11591.  The expense of the department in complying with the
requirements of this article is part of the cost of constructing the
project.


11592.  In the event the department and any common carrier railroad,
other public utility, or state agency fail to agree as to the
character or location of new facilities to be provided as required in
this article, the character and location of the new facilities and
any other controversy concerning requirements imposed by this chapter
shall be submitted to and determined and decided by the Public
Utilities Commission of the State.