Firebaugh Municipal Code § 21-3 Private Irrigation and Drainage Canal

[Ord. #295, S1; Ord. #90-1, S2]

It is the purpose of this section to provide a just, equitable and practiced method, to be cumulative with and in addition to any other remedy under the ordinance of the city or otherwise available at law, whereby private irrigation and drainage canals may be required to be operated and maintained in a fashion to reduce the hazard to the life, limb, health, property, safety and general welfare of the people of this city which hazard exists by virtue of the proximity of said canals to developed and inhabited areas within the city.

[Ord. #295, S2; Ord. #90-1, S2]

As used in this section:

a. CANAL – shall mean an artificial ditch or trench in the earth for confining water to a defined channel, to be used for purposes of transportation. It includes the banks and the appurtenant facilities constituting the whole works and facilities for the transportation of the water.

b. PRIVATE - shall mean ownership, lease, sublease or use by any person, firm, or corporations, except the United States, the State of California, a political subdivision of the State, State Agency, County, city or special district formed pursuant to general law or special act for the local performance of governmental or proprietary functions within limited boundaries.

[Ord. #295, S3; Ord. #90-1, S2]

Every person, firm, or private corporation, whether as owner, lessee, sublessee, or water user, that shall construct, operate, maintain, use or take water from a private irrigation or drainage canal contrary to or in violation of the provisions of this section, and each day that the canal is operated, maintained, used, or water taken therefrom contrary to or in violation of this section shall be deemed a separate offense.

[Ord. #295, S4; Ord. #90-1, S2]

All private irrigation and drainage canals shall be constructed and maintained so that the water is not permitted to discharge, flow, or seep onto adjacent property. The banks of the canals shall be kept free of weeds and other growth and the canals free of debris and flotsam. All weirs and/or gates shall have locks in good order to prevent tampering.