Property Management

The Water Authority’s pipelines and other structures located within the right of way ensure safe and timely delivery of water to customers. “Right of way” means land the Water Authority owns or has rights to use for aqueducts and their facilities.

Right of way in a suburban neighborhood

The majority of the Water Authority’s right of way is in the form of easements that were acquired up to 60 years ago. Easements are permanent and appear in the title report for the property when it is transferred from seller to buyer.

The placement of improvements in the easement may require permission from the Water Authority. The Water Authority issues an encroachment permit for items that are authorized. When the Water Authority’s easement is obstructed by improvements such as trees, fences, structures, or parked vehicles, these improvements are referred to as “unauthorized encroachments.” A team of Water Authority specialists manages the right of way and protects it from new unauthorized encroachments. Technicians patrol the right of way to identify new and potentially hazardous encroachments to ensure the continuing supply of safe and reliable drinking water to San Diego County.

If improvements placed in the easement do not have an encroachment permit from the Water Authority authorizing such uses, the agency’s administrative code requires the owner to remove, at his or her expense, any unauthorized encroachment. The section of the administrative code pertaining to the right of way is Chapter 7.00 Regulation of Rights of Way and Property. Chapter 7 establishes regulations, policies and procedures in order to protect and preserve the Authority’s property, property interests, works and facilities of the Water Authority.

Chapter 7.0

Download PDF of Chapter 7

The sections of Chapter 7.00 are as follows:

Section 7.00.010    Purpose
Section 7.00.020    General Authorization
Section 7.00.030    Definitions
Section 7.00.040    Prohibited Uses
Section 7.00.050     Uses Allowed Without a Permit – Notice to Authority
Section 7.00.060    Encroachment Permits – Required – Minor Encroachments
Section 7.00.070    Encroachment Permits – Required – Major Encroachments
Section 7.00.080    Encroachment Permits – Mandatory Requirements – Major Encroachments
Section 7.00.090    Encroachment Permits – Process – Major Encroachments
Section 7.00.100    Authority of Director of Engineering
Section 7.00.110    Assignment of Encroachment Permit
Section 7.00.120    Encroachment Permits – Revocation – Penalty for Violation of Terms
Section 7.00.130    Nonexclusive Use of Right of Way
Section 7.00.140    Joint Use Agreements
Section 7.00.150    Pothole License
Section 7.00.160    Guidelines for Parallel Encroachments
Section 7.00.170    Violations and Enforcements
Section 7.00.180    Statement of Enforcement Policy
Section 7.00.190    Leases for Right of Way Management