(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 department shall order the owner of the conduit to install a screen.

(b) Except as provided in Sections 5987, 5988 and 5989, one-half of the expense of constructing or installing a screen shall be paid by the owner of a conduit and one-half by the department.

Terms Used In California Fish and Game Code 5981

  • Conduit: includes pipe, millrace, ditch, flume, siphon, tunnel, canal, and any other conduit or diversion used for the purpose of taking or receiving water from any river, creek, stream, or lake. See California Fish and Game Code 5900
  • Department: means the Department of Fish and Wildlife. See California Fish and Game Code 37
  • Fish: means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals. See California Fish and Game Code 45
  • Owner: includes the United States (except that for the purpose of Sections 5901, 5931, 5933, and 5938, "owner" does not include the United States as to any dam in the condition the dam existed on September 15, 1945), the State, a person, political subdivision, or district (other than a fish and game district) owning, controlling or operating a dam or pipe. See California Fish and Game Code 5900

(Amended by Stats. 2023, Ch. 132, Sec. 117. (AB 1760) Effective January 1, 2024.)

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