This article shall apply only to conduits described in Section 5987, and conduits with a maximum flow capacity over 250 cubic feet per second of water.
In classifying conduits it is recognized that those involving the passage of water through power devices and those of large size tend to destroy fish in a greater degree than conduits of smaller size or different type.
If this section is for any reason held to be unconstitutional, such decision shall not affect the validity of the remainder of this article.
The Legislature hereby declares that the persons owning conduits referred to in this section shall be subject to the provisions of this article.