California Water Code

§ 12899.5

WAT § 12899.5 Effective Jan 1, 2006Div. 6 · Part 6 · Ch. 6.5

Statute text

(a)Except as provided by Section 12899.8, if any encroachment exists within the department’s right-of-way, the department may require the removal of the encroachment in the manner provided in this section.

(b)Except as provided in subdivision (e), notice shall be given to the owner, occupant, or person in possession of the encroachment, or to any other person causing or permitting the encroachment to exist, by serving a notice including a demand for the immediate removal of the encroachment from within the right-of-way. The notice shall describe the encroachment with reasonable certainty as to its character and location. In lieu of service upon the person, service of the notice may also be made by registered mail and posting for a period of five days, a copy of the notice on the encroachment described in the notice. In the case of an owner, occupant or person in possession, who is not present in the county, the notice may be given to an agent in lieu of service by mailing and posting.

(c)The department may remove from the State Water Resources Development System any right-of-way encroachment that meets both of the following criteria:

…

Legislative history

Added by Stats. 2005, Ch. 263, Sec. 3. Effective January 1, 2006.