CHAPTER 3. Dams, Conduits, and Screens [5900. - 6100.]

Chapter 3 enacted by Stats. 1957, Ch. 456.

§§ 5900–6100 · 48 sections

1. ARTICLE 1. General Provisions §§ 5900–5904 · 5 sections

   • § 5900 As used in this chapter: (a) “Dam” includes all artificial obstructions. (b) “Conduit” includes pipe, millrace, ditch, flume, siphon, tunnel, canal, and any…
   • § 5901 Except as otherwise provided in this code, it is unlawful to construct or maintain in any stream in Districts 1, 13/8, 11/2, 2, 21/4, 21/2, 3, 31/2, 4, 41/8,…
   • § 5902 In including the United States within the scope of this chapter the Legislature declares that it understands that the law and policy of the United States with…
   • § 5903 The United States shall file with the commission pursuant to this chapter a separate application for each dam it proposes to construct or enlarge if an owner…
   • § 5904 The application of the United States shall give the following information: (a) The name and address of the owner. (b) The location, type, size, and height of…
2. ARTICLE 2. Dams and Obstructions §§ 5930–5948 · 19 sections

   • § 5930 The department shall, from time to time, examine all dams in all rivers and streams in this State naturally frequented by fish.
   • § 5931 If, in the opinion of the commission, there is not free passage for fish over or around any dam, the department shall cause plans to be furnished for a…
   • § 5932 When all of the provisions of this article have been complied with, if in the opinion of the commission changed conditions make additional structures desirable…
   • § 5933 Whenever an application for approval of plans and specifications for a new dam in any stream in this State, or for the enlargement of any dam in any such…
   • § 5934 The commission or any party may, in any hearing, cause the deposition of witnesses to be taken in the manner prescribed by law for depositions in civil actions…
   • § 5935 The owner of any dam upon which a fishway has been provided shall keep the fishway in repair and open and free from obstructions to the passage of fish at all…
   • § 5936 It is unlawful to wilfully destroy, injure, or obstruct any fishway.
   • § 5937 The owner of any dam shall allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over,…
   • § 5938 Whenever in the opinion of the commission it is impracticable, because of the height of any dam, or other conditions, to construct a fishway over or around the…
   • § 5939 The hatchery, traps, and other equipment necessary to operate a hatchery station shall not be of a size greater than necessary to supply the stream or river…
   • § 5940 If the owner of the dam generates electricity at the place of the dam, he shall furnish sufficient light, without charge, for the use of the hatchery.
   • § 5941 The owner shall permit the use of water, without charge, to operate the hatchery.
   • § 5942 The commission may, in lieu of a fishway, hatchery, dwelling, traps or other equipment necessary to operate a hatchery station, order the owner of the dam to…
   • § 5943 (a) The owner of a dam shall accord to the public for the purpose of fishing, the right of access to the waters impounded by the dam during the open season for…
   • § 5944 The owner of a dam is not liable in damages to any person exercising the right to fish, who suffers any injury through coming in contact with, or tampering…
   • § 5945 The department may sell, at cost, to the owner of a dam, young fish ordered to be planted.
   • § 5946 (a) The provisions of Section 5938 shall not be applicable to dams constructed in District 41/2 after September 9, 1953. (b) No permit or license to…
   • § 5947 It is unlawful for the owner of a dam in District 41/2 to release water from the dam, or any facilities for the generation of hydroelectric energy operated in…
   • § 5948 No person shall cause or having caused, permit to exist any log jam or debris accumulation or any other artificial barrier, except a dam for the storage or…
3. ARTICLE 3. Conduits and Screens: Diversions Over 250 Cubic Feet per Second §§ 5980–5993 · 14 sections

   • § 5980 This article shall apply only to conduits described in Section 5987, and conduits with a maximum flow capacity over 250 cubic feet per second of water. In…
   • § 5981 (a) The department shall examine all conduits. If, in the opinion of the department, a screen is necessary to prevent fish from passing into the conduit, the…
   • § 5982 An order to install a screen shall be in writing, and shall specify the type, size, mesh, material and location of the screen, the time within which the screen…
   • § 5983 When an order is made to install a screen, the department shall pay the owner of the conduit upon whom the order is served one-half of the estimated expense of…
   • § 5984 If the expense of constructing or installing a screen exceeds the estimated expense the department shall, upon written notification by the owner of the…
   • § 5985 The owner of the conduit shall, within 10 days after completing the installation of the screen, return to the department any surplus money advanced by the…
   • § 5986 All money paid by the department to the owner of a conduit pursuant to this article shall be paid out of the Fish and Game Preservation Fund.
   • § 5987 The department shall not pay one-half of the expense of the construction and installation of any screen as provided in Sections 5981, 5983, and 5984 to any…
   • § 5988 When a screen has been installed, the owner may, by written notice within 90 days after such installation, request the department to inspect the screen for the…
   • § 5989 After acceptance, should the screen fail to function in an efficient manner, no changes in conditions affecting its operation having occurred subsequent to the…
   • § 5990 It is unlawful for the owner of a conduit to refuse, fail, or neglect to install a screen in compliance with an order from the department or to permit the…
   • § 5991 In lieu of the department’s ordering the owner to install a screen the department may, at its option, elect to construct and install the screen itself, in…
   • § 5992 Any screen installed under any of the provisions of this article shall be reasonably adequate to prevent fish from passing into the conduit and not…
   • § 5993 Before the installation of any screen under the provisions of this article, the department and the owner shall enter into an agreement defining the method of…
4. ARTICLE 4. Conduits and Screens: Diversions Less Than 250 Cubic Feet per Second §§ 6020–6028 · 9 sections

   • § 6020 This article shall apply only to conduits with a maximum flow capacity of 250 cubic feet per second or less of water, other than those conduits described in…
   • § 6021 The department shall examine new or existing conduits, and may install, maintain, repair, and replace fish screens, bypasses, or other devices to prevent the…
   • § 6022 Sufficient water for a bypass shall be not to exceed the following: (a) Diversions under three cubic feet per second capacity shall not be required to bypass…
   • § 6023 (a) The department shall serve written notice upon each owner of its intention to install a fish screen. (b) The notice shall describe the location of the…
   • § 6024 If the owner fails to sign and return the agreement granting the department the necessary rights for the installation of the screen or device within 60 days…
   • § 6025 It is unlawful for the owner of a conduit to cause or permit a screen to be removed or taken out of place, except for repairs or cleaning, while water is…
   • § 6026 Any screen installed under this article shall be such as will be reasonably adequate to prevent fish from passing into the conduit and will not unnecessarily…
   • § 6027 This article does not prevent the department from removing or permitting an owner to remove a screen or close a bypass during any part of the year when the…
   • § 6028 All money paid by the department to the owner of a conduit pursuant to this article shall be paid out of the Fish and Game Preservation Fund.
5. ARTICLE 5. Diversion of Water From Streams § 6100 · 1 section

   • § 6100 (a) Notwithstanding any provision of Article 3 (commencing with Section 5980) and Article 4 (commencing with Section 6020), on or after January 1, 1972, any…