California Water Code 1811 – As used in this article, the following terms shall have the following …
As used in this article, the following terms shall have the following meanings:
(a) “Bona fide transferor” means a person or public agency as defined in § 20009 of the Government Code with a contract for sale of water that may be conditioned upon the acquisition of conveyance facility capacity to convey the water that is the subject of the contract.
Terms Used In California Water Code 1811
- Contract: A legal written agreement that becomes binding when signed.
- Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Water Code 19
- power: includes electricity, electrical power, and other power. See California Water Code 1751
- water: includes the term "use of water. See California Water Code 1000
(b) “Emergency” means a sudden occurrence such as a storm, flood, fire, or an unexpected equipment outage impairing the ability of a person or public agency to make water deliveries.
(c) “Fair compensation” means the reasonable charges incurred by the owner of the conveyance system, including capital, operation, maintenance, and replacement costs, increased costs from any necessitated purchase of supplemental power, and including reasonable credit for any offsetting benefits for the use of the conveyance system.
(d) “Replacement costs” mean the reasonable portion of costs associated with material acquisition for the correction of irreparable wear or other deterioration of conveyance facility parts that have an anticipated life that is less than the conveyance facility repayment period and which costs are attributable to the proposed use.
(e) “Unused capacity” means space that is available within the operational limits of the conveyance system and that the owner is not using during the period for which the transfer is proposed and which space is sufficient to convey the quantity of water proposed to be transferred.
(Amended by Stats. 1998, Ch. 485, Sec. 161. Effective January 1, 1999.)