§ 7035 Highway Conduit Priority Rights

Water Code·California

AI SummaryVerified

Key Takeaways

•If a water pipe crosses a road and there are no records showing which was built first, the law assumes the pipe was there first.
•The government in charge of the road must fix or replace the pipe if needed, but only for big repairs.
•The person using the pipe must pay for regular cleaning and small upkeep, like removing dirt or silt.
•This rule doesn’t apply if another law (Section 7034) covers the pipe.

Example

A water pipe runs under a road, and no one knows if the road or the pipe was built first.

The law says the pipe was probably there first, so the city must fix the pipe if it breaks badly. But if the pipe just gets clogged with dirt, the farmer using it has to clean it themselves.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source

View on CA.gov

§ 7035 Highway Conduit Priority Rights

Whenever any conduit for conducting water crosses a highway and no written records exist showing that the highway rights-of-way existed prior to the conduit rights-of-way, it shall be conclusively presumed that the conduit was in place and lawfully maintained prior to the highway and such conduit shall be repaired, improved for the benefit of the public agency having jurisdiction over such highway, and replaced, if necessary, by the public agency having jurisdiction over such highway, provided that usual acts of maintenance of the conduit, such as cleaning the conduit of dirt or silt, shall be performed by and at the expense of the person using the conduit. This section shall not apply to any conduit as to which Section 7034 is applicable. (Amended by Stats. 1974, Ch. 36.)

Last verified: January 23, 2026

Key Terms

conduit highway rights-of-way public agency usual acts of maintenance

References

Official text at leginfo.legislature.ca.gov
California Legislature. Water Code. Section 7035.

§ 7035 Highway Conduit Priority Rights

Water Code·California

AI SummaryVerified

§ 7035 Highway Conduit Priority Rights

Key Takeaways

•If a water pipe crosses a road and there are no records showing which was built first, the law assumes the pipe was there first.
•The government in charge of the road must fix or replace the pipe if needed, but only for big repairs.
•The person using the pipe must pay for regular cleaning and small upkeep, like removing dirt or silt.
•This rule doesn’t apply if another law (Section 7034) covers the pipe.

Example

A water pipe runs under a road, and no one knows if the road or the pipe was built first.

The law says the pipe was probably there first, so the city must fix the pipe if it breaks badly. But if the pipe just gets clogged with dirt, the farmer using it has to clean it themselves.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source

View on CA.gov

§ 7035 Highway Conduit Priority Rights

Last verified: January 23, 2026

Key Terms

conduit highway rights-of-way public agency usual acts of maintenance

References

Official text at leginfo.legislature.ca.gov
California Legislature. Water Code. Section 7035.

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References