Any person owning a legal real property interest over a portion of the State Water Project right of-way for an authorized encroachment, or who has an agreement with the Department for the construction, operation, and maintenance of an authorized encroachment within the State Water Project right-of-way, is not required to obtain an encroachment permit from the Department for exercising their property or other rights. A person asserting an exemption under this section shall submit a copy of the agreement, or documentation of real property interest, to the Department. The Department will determine whether or not the documents support the assertion of an exemption and will respond to the applicant within 30 days of receipt of the documentation.