ALJ/KLK/hkr DRAFT Agenda ID #3429

Ratesetting

4/22/2004 Item 24

Decision

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of Pacific Gas and Electric Company (U 39 M) for Authorization Pursuant to Public Utilities Code Section 851 to Grant Easements for Installation, Operation, Maintenance and Use of Domestic Water Wells.

Application 03-12-015 (Filed December 8, 2003)

OPINION AUTHORIZING EASEMENTS ON UTILITY PROPERTY
UNDER PUBLIC UTILITIES CODE SECTION 851 FOR THE CONSTRUCTION OF DOMESTIC WATER WELLS IN SHASTA COUNTY

Pursuant to Pub. Util. Code § 851, Pacific Gas and Electric Company (PG&E) is authorized to grant water rights easements to seven private property owners in Shasta County for the installation and operation of domestic water wells. This proceeding is closed.

Background

Pub. Util. Code § 851 requires a public utility to secure authorization from the Commission before encumbering or transferring any of its properties or rights necessary or useful in the performance of its duties as a public utility. PG&E owns the surface and subsurface water rights and the rights to taking and diverting water for use in generating hydroelectricity in certain areas in the vicinity of Battle Creek (a tributary of the Sacramento River) in Shasta County. PG&E requests authority to transfer limited water rights, in the form of easements, to seven private property owners in Shasta County for the purpose of allowing each to install and operate a water well on their respective properties. The property owners seek to construct single homes on their lots and the wells are necessary for water service. The Shasta County Department of Resource Management/Planning Division will not issue construction permits for the homes until PG&E grants the water rights easements.

In 1984, PG&E filed an indenture with the Shasta County Recorder stipulating the terms and conditions for granting easements to private property owners for the construction and operation of water wells in the county.¹ The indenture provides that easements must not adversely affect PG&E's electricity service to the general public and limits the number of wells to one per land parcel.