2007 California Water Code Chapter 5. Cuts In Banks Of Streams

CA Codes (wat:7050-7051)

7050.  Every person owning or occupying lands upon the bank of any
stream where the lands lying back of the stream are lower than the
bank, is responsible for all damages sustained by the owners or
occupants of lower lands by reason of any cut or embrasure made in
the bank of the stream by the owner or occupant of the bank.




7051.  If the cuts were made for the purpose of irrigation, and
headgates and culverts were installed which competent persons
consider sufficient to restrain the water, and if great diligence was
used to prevent damage, these facts may be pleaded and proved in
mitigation of damages.