Water Code
Part 37 of 51 · provisions 7,201–7,400
This section says the act is called the Water Code.
- Jurisdiction
- United States — California
- Instrument
- Code
- Citation
- WAT
- Version
- Undated source snapshot
- Language
- en
- Official source
- View official record ↗
- Complete work
- View statute overview
Statute overview
About this statute
Local custom is only one factor in judging the reasonableness of a water use, method of use, or diversion; it cannot by itself decide the issue. This section says the coordinated state water conservation, development, and utilization plan is called the “State Water Plan.” The American River Development is included in the State Water Plan. The State may not issue a water appropriation permit for a project that would flood any part of Gold Discovery Site State Park at Coloma unless the issuance is specifically authorized by law. This section gives the Georgetown Divide Public Utility District rights to pursue a federal permit and license, limits water-rights filings and permits for certain South Fork of the American River projects for set periods, and requires some applicants to evaluate alternatives or replace lost uses.
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of Water Code
Showing 200 of 10,024
- 6157. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Action and Procedure to Restrain Violations [6150 - 6157] ( Article 5 enacted by Stats. 1943, Ch. 368. )
The final judgment must either dismiss the case or order mandamus or injunction relief, including a modified form if needed for appropriate relief.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Action and Procedure to Restrain Violations [6150 - 6157] ( Article 5 enacted by Stats. 1943, Ch. 368. ) ## 6157. The final judgment in such action or proceeding shall either dismiss the action or proceeding or direct that the writ of mandamus or injunction issue or be made permanent as prayed for in the petition, or in such modified or other form as will afford appropriate relief. (Enacted by Stats. 1943, Ch. 368.) - 6160. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Inundation Maps and Emergency Planning [6160 - 6162] ( Article 6 added by Stats. 2017, Ch. 26, Sec. 88. )
Dam owners must prepare emergency action plans in some cases, and the department must classify dam safety risk and notify owners.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Inundation Maps and Emergency Planning [6160 - 6162] ( Article 6 added by Stats. 2017, Ch. 26, Sec. 88. ) ## 6160. (a) An owner of a dam that is regulated by the state is responsible for emergency preparedness with regard to the potential for loss of life and property resulting from the failure of a dam, as defined in Section 6002, or a critical appurtenant structure, as defined in Section 6002.5. (b) (1) Not later than July 1, 2017, the department shall classify the public safety risk of all state jurisdictional dams, based on downstream hazard potential and reviews of critical appurtenant structures, in accordance with, at a minimum, guidelines set forth by the Federal Emergency Management Agency. The department shall notify the owner of a dam of the hazard classification of the owner’s dam. (2) The department may revise a dam’s classification to reflect changes in downstream population, critical infrastructure, and land use. The department shall notify the affected dam owner of any changes in the hazard classification of the owner’s dam. (3) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the classification of the public safety risk by the department on or before July 1, 2017, pursuant to this section is not subject to review or approval by the Office of Administrative Law. (c) The owner of a dam that is regulated by the state, except a dam classified by the department pursuant to subdivision (b) as low hazard, shall prepare an emergency action plan pursuant to Section 8589.5 of the Government Code. (d) An owner of a dam that is jointly regulated by the state and the Federal Energy Regulatory Commission shall prepare an emergency action plan in accordance with Federal Energy Regulatory Commission guidelines. (Added by Stats. 2017, Ch. 26, Sec. 88. (SB 92) Effective June 27, 2017.) - 6161. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Inundation Maps and Emergency Planning [6160 - 6162] ( Article 6 added by Stats. 2017, Ch. 26, Sec. 88. )
Owners of most state jurisdictional dams must submit inundation maps and, after approval, emergency action plans; they must also update plans at least every 10 years and meet several review deadlines.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Inundation Maps and Emergency Planning [6160 - 6162] ( Article 6 added by Stats. 2017, Ch. 26, Sec. 88. ) ## 6161. (a) (1) An owner of a state jurisdictional dam, except an owner of a dam classified by the department pursuant to Section 6160 as a low hazard dam, shall submit electronically to the department an inundation map that shows the area that would be subject to flooding under various failure scenarios unique to the dam and the critical appurtenant structures of the dam. (2) Before approval of an inundation map, the department shall review the map and may require the owner to make changes that the department deems necessary. (3) Upon approval of the inundation map or maps by the department, the owner of the dam shall develop and submit electronically to the department and the Office of Emergency Services an emergency action plan that is based upon the approved inundation map or maps. (4) If an owner of a dam has an existing emergency action plan as of March 1, 2017, the department shall review any inundation map or maps contained in the plan. If the department determines the inundation map or maps are sufficient, as described in subparagraphs (A) or (B), the owner of the dam shall submit the emergency action plan associated with the inundation map or maps to the Office of Emergency Services to review the emergency action plan as follows: (A) If an emergency action plan existing as of March 1, 2017, contains an inundation map for the dam and all critical appurtenant structures, if critical appurtenant structures exist, and the department determines that the inundation map or maps for the dam and all existing critical appurtenant structures are sufficient, the owner of the dam shall submit the complete emergency action plan reflecting all critical appurtenant structures to the Office of Emergency Services for review within 30 days of department approval. (B) (i) If an emergency action plan existing as of March 1, 2017, contains an inundation map for the dam but not for all critical appurtenant structures, if critical appurtenant structures exist, the department shall review a map included in the existing emergency action plan for sufficiency. If the department approves the map, the owner of the dam shall submit the existing emergency action plan associated with the approved map to the Office of Emergency Services. The owner of the dam shall continue to prepare inundation maps with due diligence for any remaining critical appurtenant structures and submit the map or maps to the department for review and approval. The Office of Emergency Services may defer review and approval of the new or updated emergency action plan until the Office of Emergency Services has received inundation maps approved by the department for the dam and all critical appurtenant structures. If the Office of Emergency Services approves an emergency action plan when the owner of the dam is continuing to prepare inundation maps with due diligence pursuant to this subparagraph, an owner of a dam may use that emergency action plan that existed as of March 1, 2017, on an interim basis, pending approval of a new or updated emergency action plan that includes maps for the dam and all critical appurtenant structures. (ii) For the purposes of this subparagraph, “due diligence” means that the owner of a dam is progressing toward completion of the inundation map or maps for all critical appurtenant structures according to a reasonable schedule proposed by the owner of the dam and approved by the department. When evaluating the time schedule proposed by the owner of the dam, the department may consider, among other relevant factors, the hazard classification of the dam, the number of critical appurtenant structure inundation maps that are outstanding, and the complexity of the failure scenarios. The owner of a dam shall submit a proposed time schedule to the department no later than 60 days after the effective date of the act that added this subparagraph. Failure to submit a proposed time schedule to the department or to comply with a time schedule approved by the department may result in the imposition of penalties, restrictions, or liens pursuant to Chapter 8 (commencing with Section 6425). After the department approves maps for the critical appurtenant structures, the dam owner shall submit a new or updated emergency action plan including the approved maps to the Office of Emergency Services within 60 days. (b) (1) The Office of Emergency Services shall review and approve an emergency action plan no later than 60 days after receipt of the plan from the dam owner pursuant to Section 8589.5 of the Government Code. To the extent possible, the Office of Emergency Services shall give priority to a dam with the highest hazard classification as determined by the department pursuant to Section 6160. (2) If the Office of Emergency Services determines a proposed emergency action plan does not meet the requirements of Section 8589.5 of the Government Code, the Office of Emergency Services shall inform the owner of the dam and require the owner of the dam to amend and resubmit the emergency action plan for approval. The Office of Emergency Services shall review and, if the emergency action plan meets the requirements of Section 8589.5 of the Government Code, approve a resubmitted emergency action plan within 30 days of receipt from the owner of the dam. (3) Upon approval by the Office of Emergency Services of an emergency action plan, the Office of Emergency Services shall notify the department and the owner of the dam of the approval. The owner of the dam shall ensure that the approved emergency action plan is disseminated to appropriate public safety and emergency management agencies in potentially affected jurisdictions, to the extent these agencies want to receive approved emergency action plans. (c) (1) The department shall make available to the public an approved inundation map and any schedule submitted pursuant to clause (ii) of subparagraph (B) of paragraph (4) of subdivision (a). (2) Nothing in Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code shall be construed to require disclosure of an emergency action plan. (d) (1) Pursuant to the classification by the department under Section 6160, an owner of a dam shall complete and submit an emergency action plan as follows: (A) On or before January 1, 2018, if the hazard classification of the dam is extremely high. (B) On or before January 1, 2019, if the hazard classification of the dam is high. (C) On or before January 1, 2021, if the hazard classification of the dam is significant. (2) An owner of a dam who has an existing emergency action plan as of March 1, 2017, that the department determines has a sufficient inundation map and that the Office of Emergency Services determines has a sufficient emergency action plan pursuant to paragraph (4) of subdivision (a) is not subject to the timelines set forth in paragraph (1). (e) An owner of a dam shall update an emergency action plan, including an inundation map, no less frequently than every 10 years, and sooner under conditions that include, but are not limited to, the following: (1) A significant modification to the dam or a critical appurtenant structure, as determined by the department. (2) A significant change to downstream development that involves people and property. (Amended by Stats. 2021, Ch. 615, Sec. 430. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.) - 6162. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Inundation Maps and Emergency Planning [6160 - 6162] ( Article 6 added by Stats. 2017, Ch. 26, Sec. 88. )
Regulations issued under this article are treated as emergencies needed to protect the public peace, health and safety, or general welfare.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Inundation Maps and Emergency Planning [6160 - 6162] ( Article 6 added by Stats. 2017, Ch. 26, Sec. 88. ) ## 6162. Any regulation promulgated pursuant to this article shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. (Added by Stats. 2017, Ch. 26, Sec. 88. (SB 92) Effective June 27, 2017.) - 6200. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. New Dams and Reservoirs or Enlargements of Dams and Reservoirs [6200 - 6206] ( Heading of Article 1 amended by Stats. 1965, Ch. 1225. )
Work on a new dam or reservoir, or enlarging one, cannot start until the owner gets written approval of the plans and specifications from the department.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. New Dams and Reservoirs or Enlargements of Dams and Reservoirs [6200 - 6206] ( Heading of Article 1 amended by Stats. 1965, Ch. 1225. ) ## 6200. Construction of any new dam or reservoir or the enlargement of any dam or reservoir shall not be commenced until the owner has applied for and obtained from the department written approval of plans and specifications. (Amended by Stats. 1965, Ch. 1225.) - 6201. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. New Dams and Reservoirs or Enlargements of Dams and Reservoirs [6200 - 6206] ( Heading of Article 1 amended by Stats. 1965, Ch. 1225. )
Applications for dams or reservoirs must be filed with the department on the department’s forms, with one exception for a dam and its reservoir when the reservoir will hold the dam’s impounded water.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. New Dams and Reservoirs or Enlargements of Dams and Reservoirs [6200 - 6206] ( Heading of Article 1 amended by Stats. 1965, Ch. 1225. ) ## 6201. A separate application for each dam or reservoir shall be filed with the department upon forms to be provided by it, except that only one application need be filed for a dam and the reservoir which will contain the water impounded by the dam. (Amended by Stats. 1965, Ch. 1225.) - 6202. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. New Dams and Reservoirs or Enlargements of Dams and Reservoirs [6200 - 6206] ( Heading of Article 1 amended by Stats. 1965, Ch. 1225. )
An application for a new dam or reservoir, or an enlargement, must include specified information.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. New Dams and Reservoirs or Enlargements of Dams and Reservoirs [6200 - 6206] ( Heading of Article 1 amended by Stats. 1965, Ch. 1225. ) ## 6202. The application shall give the following information: (a) The name and address of the owner. (b) The location, type, size, and height of the proposed dam or reservoir and appurtenant works. (c) The storage capacity of the reservoir. (d) Such other pertinent information as the department requires. (e) As accurately as may be readily obtained, the area of the drainage basin, rainfall and streamflow records and floodflow records and estimates. (Amended by Stats. 1965, Ch. 1225.) - 6203. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. New Dams and Reservoirs or Enlargements of Dams and Reservoirs [6200 - 6206] ( Heading of Article 1 amended by Stats. 1965, Ch. 1225. )
The department may require additional data, investigations, reports, and other information for a dam or reservoir project.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. New Dams and Reservoirs or Enlargements of Dams and Reservoirs [6200 - 6206] ( Heading of Article 1 amended by Stats. 1965, Ch. 1225. ) ## 6203. The department may also require the following: (a) Data concerning subsoil and foundation conditions and the materials entering into construction of the dam or reservoir. (b) Investigations of, and reports on, subsurface conditions, involving such matters as exploratory pits, trenches and adits, drilling, coring, geophysical surveys, tests to determine leakage rates, and physical tests to measure in place the properties and behavior of foundation materials at the dam or reservoir site. (c) Investigations of, and reports on, the geology of the dam or reservoir site and its vicinity, possible geologic hazards, availability and quality of construction materials, and other pertinent features. (d) Such other appropriate information as may be necessary in a given instance. (Amended by Stats. 1965, Ch. 1225.) - 6204. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. New Dams and Reservoirs or Enlargements of Dams and Reservoirs [6200 - 6206] ( Heading of Article 1 amended by Stats. 1965, Ch. 1225. )
The department may waive certain dam or reservoir application requirements when the physical conditions and size of the project make those requirements unnecessary.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. New Dams and Reservoirs or Enlargements of Dams and Reservoirs [6200 - 6206] ( Heading of Article 1 amended by Stats. 1965, Ch. 1225. ) ## 6204. In instances wherein the physical conditions involved and the size of the dam or reservoir are such as to render the above requirements as to drainage areas, rainfall, streamflow, floodflow, and drilling or prospecting of site unnecessary, the department may waive the requirements. (Amended by Stats. 1965, Ch. 1225.) - 6205. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. New Dams and Reservoirs or Enlargements of Dams and Reservoirs [6200 - 6206] ( Heading of Article 1 amended by Stats. 1965, Ch. 1225. )
An application must state the purpose for which the impounded or diverted water will be used.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. New Dams and Reservoirs or Enlargements of Dams and Reservoirs [6200 - 6206] ( Heading of Article 1 amended by Stats. 1965, Ch. 1225. ) ## 6205. The application shall set forth the purpose for which the impounded or diverted water is to be used. (Enacted by Stats. 1943, Ch. 368.) - 6206. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. New Dams and Reservoirs or Enlargements of Dams and Reservoirs [6200 - 6206] ( Heading of Article 1 amended by Stats. 1965, Ch. 1225. )
An application for this kind of dam or reservoir project must include maps, plans, and specifications.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. New Dams and Reservoirs or Enlargements of Dams and Reservoirs [6200 - 6206] ( Heading of Article 1 amended by Stats. 1965, Ch. 1225. ) ## 6206. The application shall be accompanied by maps and plans and specifications of such character and size and setting forth such pertinent details and dimensions as the department requires. The maps and plans and specifications shall be a part of the application. (Enacted by Stats. 1943, Ch. 368.) - 6225. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Repairs, Alterations or Removals [6225 - 6230] ( Article 2 enacted by Stats. 1943, Ch. 368. )
Before starting repairs, alterations, or removals of a dam or reservoir, the owner must get the department’s written approval, unless this article provides an exception.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Repairs, Alterations or Removals [6225 - 6230] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 6225. Before commencing the repair, alteration, or removal of a dam or reservoir, including the alteration or removal of a dam or reservoir so that it no longer constitutes a dam or reservoir as defined in this part, the owner shall secure the written approval of the department, except as provided in this article. (Amended by Stats. 1965, Ch. 1225.) - 6226. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Repairs, Alterations or Removals [6225 - 6230] ( Article 2 enacted by Stats. 1943, Ch. 368. )
An application must include information or data about the dam or reservoir, and any other safety-related information the department requires.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Repairs, Alterations or Removals [6225 - 6230] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 6226. The application shall give such pertinent information or data concerning the dam or reservoir, or both, as may be required by the department and such information as to other matters appropriate to a thorough consideration of the safety of such a change as may be required by the department. (Amended by Stats. 1965, Ch. 1225.) - 6227. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Repairs, Alterations or Removals [6225 - 6230] ( Article 2 enacted by Stats. 1943, Ch. 368. )
An application must state the proposed start and completion times for construction.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Repairs, Alterations or Removals [6225 - 6230] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 6227. The application shall state the proposed time of commencement and of completion of construction. (Enacted by Stats. 1943, Ch. 368.) - 6228. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Repairs, Alterations or Removals [6225 - 6230] ( Article 2 enacted by Stats. 1943, Ch. 368. )
An applicant must include identifying details, describe the proposed dam or reservoir changes, and attach maps, plans, and specifications with the application; the department may waive requirements it finds unnecessary.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Repairs, Alterations or Removals [6225 - 6230] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 6228. The application shall give the name and address of applicant, shall adequately detail, with appropriate references to the existing dam or reservoir, the changes which it is proposed to effect, and shall be accompanied by maps and plans and specifications which shall be a part of the application and which shall be of such character and size and set forth such pertinent details and dimensions as the department may require. The department may waive any of the requirements of this section if found by it unnecessary. (Amended by Stats. 1965, Ch. 1225.) - 6229. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Repairs, Alterations or Removals [6225 - 6230] ( Article 2 enacted by Stats. 1943, Ch. 368. )
In an emergency, repairs needed to protect life and property may begin right away, and the department must be notified immediately about the proposed repairs and the work in progress.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Repairs, Alterations or Removals [6225 - 6230] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 6229. In case of an emergency where repairs are necessary to safeguard life and property repairs may be started immediately, but the department shall be notified at once of proposed repairs and of work under way. (Enacted by Stats. 1943, Ch. 368.) - 6230. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Repairs, Alterations or Removals [6225 - 6230] ( Article 2 enacted by Stats. 1943, Ch. 368. )
Proposed repairs and work must conform to the orders issued by the department.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Repairs, Alterations or Removals [6225 - 6230] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 6230. The proposed repairs and work shall be made to conform to such orders as the department issues. (Enacted by Stats. 1943, Ch. 368.) - 6250. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Dams Constructed Prior to August 14, 1929 [6250 - 6253] ( Article 3 enacted by Stats. 1943, Ch. 368. )
Owners of dams completed before August 14, 1929 must file an application for approval immediately after this part takes effect, unless they already made one.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Dams Constructed Prior to August 14, 1929 [6250 - 6253] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 6250. Unless application for approval of the dam has heretofore been made, every owner of a dam completed prior to August 14, 1929 shall, immediately after the effective date of this part, file an application for the approval of such dam. (Enacted by Stats. 1943, Ch. 368.) - 6251. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Dams Constructed Prior to August 14, 1929 [6250 - 6253] ( Article 3 enacted by Stats. 1943, Ch. 368. )
A separate application must be made for each dam and filed with the department using the department’s forms, with the information the department requires.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Dams Constructed Prior to August 14, 1929 [6250 - 6253] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 6251. A separate application shall be made for each dam and shall be filed with the department upon forms to be supplied by it and shall supply such appropriate information concerning the dam as the department requires. (Enacted by Stats. 1943, Ch. 368.) - 6252. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Dams Constructed Prior to August 14, 1929 [6250 - 6253] ( Article 3 enacted by Stats. 1943, Ch. 368. )
The department must give notice to owners who failed to file as required by this article, and those owners must file within 30 days after notice or face punishment under this part.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Dams Constructed Prior to August 14, 1929 [6250 - 6253] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 6252. The department shall give notice to file to owners who have failed to do so as required by this article, and a failure to file within 30 days after such notice shall be punishable as provided in this part. (Enacted by Stats. 1943, Ch. 368.) - 6253. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Dams Constructed Prior to August 14, 1929 [6250 - 6253] ( Article 3 enacted by Stats. 1943, Ch. 368. )
The article allows notice to be sent by registered mail, and a return receipt signed by the owner counts as prima facie evidence of service.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Dams Constructed Prior to August 14, 1929 [6250 - 6253] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 6253. The notice provided for in this article may be given by registered mail and a return receipt signed by the owner shall constitute prima facie evidence of service. (Enacted by Stats. 1943, Ch. 368.) - 6260. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Approval of Applications [6260 - 6267] ( Article 4 enacted by Stats. 1943, Ch. 368. )
When the department receives an application other than one covered by Article 3, it must consider it and either approve or disapprove it within the time set by this article.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Approval of Applications [6260 - 6267] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 6260. Upon receipt of any application other than an application provided for in Article 3 of this chapter the department shall give its consideration thereto and shall approve or disapprove the same within the time provided in this article. (Enacted by Stats. 1943, Ch. 368.) - 6261. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Approval of Applications [6260 - 6267] ( Article 4 enacted by Stats. 1943, Ch. 368. )
A defective application made in good faith to comply with the law and department rules must not be rejected; the applicant must be notified of the defect by ordinary and registered mail.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Approval of Applications [6260 - 6267] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 6261. A defective application made in a bona fide attempt to conform to the law and rules and regulations of the department shall not be rejected but notice of defect shall be sent to the applicant by ordinary and registered mail. (Enacted by Stats. 1943, Ch. 368.) - 6262. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Approval of Applications [6260 - 6267] ( Article 4 enacted by Stats. 1943, Ch. 368. )
The applicant must file an amended and perfected application within 30 days after the notice is mailed, unless the department grants more time for good cause.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Approval of Applications [6260 - 6267] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 6262. If within 30 days of the date of mailing the notice the applicant does not file an amended and perfected application, the application shall be rejected and canceled unless for good cause shown the department allows the applicant further time. (Enacted by Stats. 1943, Ch. 368.) - 6263. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Approval of Applications [6260 - 6267] ( Article 4 enacted by Stats. 1943, Ch. 368. )
Applications may not be approved until at least 10 days after receipt, and they should be approved or disapproved as soon as practicable after the department has all needed data and information.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Approval of Applications [6260 - 6267] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 6263. No application shall be approved in less than 10 days from its receipt but all applications shall be approved or disapproved as soon as practicable after the receipt of all data and information found necessary by the department. (Enacted by Stats. 1943, Ch. 368.) - 6264. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Approval of Applications [6260 - 6267] ( Article 4 enacted by Stats. 1943, Ch. 368. )
Approvals may be granted only with terms, conditions, and limitations needed to safeguard life and property.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Approval of Applications [6260 - 6267] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 6264. Approvals may be granted under terms, conditions, and limitations necessary to safeguard life and property. (Enacted by Stats. 1943, Ch. 368.) - 6265. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Approval of Applications [6260 - 6267] ( Article 4 enacted by Stats. 1943, Ch. 368. )
Construction must start within one year after approval, or the approval becomes void.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Approval of Applications [6260 - 6267] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 6265. Actual construction shall be commenced within one year after date of approval, otherwise the approval becomes void. (Enacted by Stats. 1943, Ch. 368.) - 6266. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Approval of Applications [6260 - 6267] ( Article 4 enacted by Stats. 1943, Ch. 368. )
The department may extend the time for starting construction if there is a written application and good cause is shown.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Approval of Applications [6260 - 6267] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 6266. The department may, upon written application and for good cause shown, extend the time for commencing construction. (Enacted by Stats. 1943, Ch. 368.) - 6267. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Approval of Applications [6260 - 6267] ( Article 4 enacted by Stats. 1943, Ch. 368. )
Notice must be given to the department at least 10 days before construction begins, and the department may require additional notices.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 5. Applications [6200 - 6267] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Approval of Applications [6260 - 6267] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 6267. Notice shall be given to the department at least 10 days before construction is to be commenced and such other notices shall be given to the department as it may require. (Enacted by Stats. 1943, Ch. 368.) - 6300. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 6. Fees [6300 - 6309] ( Chapter 6 enacted by Stats. 1943, Ch. 368. )
This section sets filing fees for dam or reservoir applications and lets the department adjust and refund fees in some cases.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 6. Fees [6300 - 6309] ( Chapter 6 enacted by Stats. 1943, Ch. 368. ) ## 6300. (a) The application for a new dam or reservoir, or the enlargement, repair, alteration, or removal of an existing dam or reservoir, shall set forth the estimated cost, as defined in this article, of the new dam or reservoir, or the enlargement, repair, alteration, or removal of the existing dam or reservoir, and shall be accompanied by a filing fee based upon the estimated cost and according to the following schedule: (1) For the first one million dollars ($1,000,000), a fee of 3.25 percent of the estimated cost. (2) For the next four million dollars ($4,000,000), a fee of 2.5 percent. (3) For the next fifteen million dollars ($15,000,000), a fee of 2 percent. (4) For the next thirty million dollars ($30,000,000), a fee of 1.75 percent. (5) For the next one hundred million dollars ($100,000,000), a fee of 1.25 percent. (6) For the next three hundred fifty million dollars ($350,000,000), a fee of 0.75 percent. (7) For all costs in excess of five hundred million dollars ($500,000,000), a fee of 0.5 percent. (b) In no case, however, shall the minimum fee be less than one thousand dollars ($1,000). (c) The fee schedule in subdivision (a) applies to complete applications, as described in Section 311 of Title 23 of the California Code of Regulations, received after June 30, 2023. Any complete applications received on or before June 30, 2023, shall comply with the filing fee requirements of subdivision (a) as that subdivision read on January 1, 2023. (d) The estimated project cost may be amended by the dam owner and additional filing fees may be paid to the department up until the date that construction commences. (e) The department shall annually adjust the fee schedule in subdivision (a) to reflect changes in the Consumer Price Index for goods and services published by the United States Bureau of Labor Statistics. (f) The department shall adopt, by regulation, a process to adjust the fees to ensure the filing fees collected cover the department’s reasonable costs for application work, which may include, but is not limited to, design review and construction oversight. (g) The department may refund filing fees paid by an owner pursuant to this section if requested by the owner. The department may adopt, by regulation, a methodology for determining the criteria and process for filing fee refunds requested by an owner. (Amended by Stats. 2023, Ch. 51, Sec. 30. (SB 122) Effective July 10, 2023.) - 6301. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 6. Fees [6300 - 6309] ( Chapter 6 enacted by Stats. 1943, Ch. 368. )
Only one filing fee may be collected for an enlargement that is carried out with removable or operable works or devices that change the water surface level.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 6. Fees [6300 - 6309] ( Chapter 6 enacted by Stats. 1943, Ch. 368. ) ## 6301. One filing fee only shall be collected for an enlargement to be effected by flashboards, sandbags, earthen levees, gates, or other works, devices, or obstructions which are, from time to time, to be removed and replaced or opened and shut and thereby operated so as to vary the surface elevation of the impounded water. (Amended by Stats. 1969, Ch. 363.) - 6302. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 6. Fees [6300 - 6309] ( Chapter 6 enacted by Stats. 1943, Ch. 368. )
This section defines what counts in the estimated cost of a new dam or reservoir, or work on an existing one.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 6. Fees [6300 - 6309] ( Chapter 6 enacted by Stats. 1943, Ch. 368. ) ## 6302. For the purposes of this part, the estimated cost of a new dam or reservoir, or the enlargement, repair, alteration, or removal of an existing dam or reservoir shall include all of the following: (a) The cost of all labor and materials entering into the construction of the dam and appurtenant works or reservoir (b) The cost of preliminary investigations and surveys. (c) The cost of the construction plant properly chargeable to the cost of the dam or reservoir. (d) The labor costs of the owner for preparing environmental documentation to meet the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (e) Any and all other items entering directly into the cost of the dam or reservoir. (Amended by Stats. 2023, Ch. 51, Sec. 31. (SB 122) Effective July 10, 2023.) - 6303. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 6. Fees [6300 - 6309] ( Chapter 6 enacted by Stats. 1943, Ch. 368. )
Certain access and equipment costs may not be counted when determining cost.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 6. Fees [6300 - 6309] ( Chapter 6 enacted by Stats. 1943, Ch. 368. ) ## 6303. The costs of right-of-way, detached powerhouses, electrical generating machinery, and roads and railroads affording access to the dam or reservoir shall not be included among the items used in the determination of cost. (Amended by Stats. 1965, Ch. 1225.) - 6304. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 6. Fees [6300 - 6309] ( Chapter 6 enacted by Stats. 1943, Ch. 368. )
The department may not consider an application until at least 20% of the filing fee is received, and may not approve it until the filing fee is paid in full.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 6. Fees [6300 - 6309] ( Chapter 6 enacted by Stats. 1943, Ch. 368. ) ## 6304. An application shall not be considered by the department until at least 20 percent of the filing fee is received, unless the department, in its discretion, decides to consider the application. The application shall not be approved by the department until the filing fee is received in full. (Amended by Stats. 2023, Ch. 51, Sec. 32. (SB 122) Effective July 10, 2023.) - 6305. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 6. Fees [6300 - 6309] ( Chapter 6 enacted by Stats. 1943, Ch. 368. )
If actual costs exceed estimated costs by more than 15%, the department must require a further fee, unless the fee would be under $500.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 6. Fees [6300 - 6309] ( Chapter 6 enacted by Stats. 1943, Ch. 368. ) ## 6305. In the event the actual cost exceeds the estimated cost by more than 15 percent, a further fee shall be required by the department and shall be 115 percent of the amount by which the original fee is less than it would have been had the cost it was based upon been the same as the actual cost. No further fee shall be required, however, if that fee is to be computed at less than five hundred dollars ($500). (Amended by Stats. 2023, Ch. 51, Sec. 33. (SB 122) Effective July 10, 2023.) - 6306. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 6. Fees [6300 - 6309] ( Chapter 6 enacted by Stats. 1943, Ch. 368. )
Some dam applications must include a reduced fee if the department found the dam was less than 90% constructed on August 14, 1929.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 6. Fees [6300 - 6309] ( Chapter 6 enacted by Stats. 1943, Ch. 368. ) ## 6306. Applications for dams found by the department to have been less than 90 per cent constructed on August 14, 1929, shall be accompanied by fees as much less than provided for dams commenced after the date as the percentage of construction found by the department to have been completed on that date. (Enacted by Stats. 1943, Ch. 368.) - 6307. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 6. Fees [6300 - 6309] ( Chapter 6 enacted by Stats. 1943, Ch. 368. )
The department must set and adjust dam-safety fee schedules, and it must give fee schedules to the Legislature and affected dam owners when fees change.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 6. Fees [6300 - 6309] ( Chapter 6 enacted by Stats. 1943, Ch. 368. ) ## 6307. (a) (1) The department shall adopt, by regulation, a schedule of fees to cover the department’s reasonable regulatory costs in carrying out the supervision of dam safety, which may include, but is not limited to, the costs of reviewing an inundation map, the amounts necessary to repay budgetary loans, and a prudent reserve. (2) The revenue generated by the fees imposed under this section shall be adjusted periodically for cost-of-living increases. If the director determines that the revenue collected during the preceding fiscal year was greater or less than the cost to operate the program, the director shall adjust the fees to compensate for the overcollection or undercollection of revenue. The department shall provide a schedule of fees to the Legislature and to every dam owner that has a permit or has applied for a permit, when any adjustment is made to the fees under this section. (3) The schedule of fees adopted pursuant to this subdivision shall be based, in part, on the height of the dam on a per foot basis. (b) A penalty plus interest, as set forth in subdivision (b) of Section 6428, may be imposed for fees received more than 30 days after the July 1 required date of payment in any year. This penalty does not apply to any supplemental billing issued by the department. (c) For the purposes of this section, “height of the dam” means the vertical distance, to the nearest foot, from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the department, or from the lowest elevation of the outside limit of the barrier, as determined by the department, if it is not across a stream channel or watercourse, to the maximum possible water storage elevation. (d) Notwithstanding subdivision (a), the department shall limit the total annual fee per dam if both of the following apply: (1) The dam has a storage capacity of not more than 100 acre-feet. (2) The governing body of a private school or the governing board of a public school certifies that the dam is used as a subject of study by its students. (e) (1) Notwithstanding subdivision (a), the department shall limit the total annual fee for dams or reservoirs located on farms or ranch properties to no more than 20 percent of the fees assessed pursuant to subdivision (a). (2) For purposes of this subdivision, “farm” has the same meaning as defined in Section 52262 of the Food and Agricultural Code. (f) (1) Privately owned dams with less than 100 acre-feet of storage capacity shall be assessed an annual fee in accordance with paragraph (1) of subdivision (e). (2) As used in this subdivision, “privately owned” does not include dams owned by municipalities, water districts or companies, irrigation districts, private, investor owned or publicly owned utilities, or public agencies. (g) Any regulation promulgated pursuant to this section shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. (Amended by Stats. 2019, Ch. 89, Sec. 1. (AB 487) Effective January 1, 2020.) - 6308. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 6. Fees [6300 - 6309] ( Chapter 6 enacted by Stats. 1943, Ch. 368. )
The department must deposit fees, penalties, interest, fines, and other charges it collects under this division into the Dam Safety Fund.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 6. Fees [6300 - 6309] ( Chapter 6 enacted by Stats. 1943, Ch. 368. ) ## 6308. All fees, penalties, interest, fines, or charges collected by the department under this division shall be deposited in the Dam Safety Fund, which is hereby established in the State Treasury. The money in that fund shall be available to the department, upon appropriation by the Legislature, for the administration of the dam safety program. (Amended by Stats. 2003, Ch. 741, Sec. 93. Effective January 1, 2004.) - 6309. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 6. Fees [6300 - 6309] ( Chapter 6 enacted by Stats. 1943, Ch. 368. )
Owners defined in Section 6005 must pay the fees provided for in this chapter.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 6. Fees [6300 - 6309] ( Chapter 6 enacted by Stats. 1943, Ch. 368. ) ## 6309. The fees provided for in this chapter shall be required of any “owner,” as defined in Section 6005. (Amended by Stats. 2003, Ch. 741, Sec. 95. Effective January 1, 2004.) - 6350. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. New or Enlarged Dams and Reservoirs [6350 - 6355] ( Heading of Article 1 amended by Stats. 1965, Ch. 1225. )
After completing a new or enlarged dam or reservoir, the owner must notify the department and then file supplementary drawings or descriptive material.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. New or Enlarged Dams and Reservoirs [6350 - 6355] ( Heading of Article 1 amended by Stats. 1965, Ch. 1225. ) ## 6350. Immediately upon completion of a new dam or reservoir or enlargement of a dam or reservoir the owner shall give a notice of completion to the department and as soon thereafter as possible shall file with the department supplementary drawings or descriptive matter showing or describing the dam or reservoir as actually constructed, including the following: (a) A record of all grout holes and grouting. (b) A record of permanent location points and bench marks. (c) A record of tests of concrete or other material used in the construction of the dam or reservoir. (d) Any other items which may be of permanent value and have a bearing on the safety and permanency of the dam or reservoir. (Amended by Stats. 1965, Ch. 1225.) - 6351. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. New or Enlarged Dams and Reservoirs [6350 - 6355] ( Heading of Article 1 amended by Stats. 1965, Ch. 1225. )
For an enlargement of a dam or reservoir, the supplementary drawings and descriptive matter need address only the new work.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. New or Enlarged Dams and Reservoirs [6350 - 6355] ( Heading of Article 1 amended by Stats. 1965, Ch. 1225. ) ## 6351. In connection with the enlargement of a dam or reservoir, the supplementary drawings and descriptive matter need apply only to the new work. (Amended by Stats. 1965, Ch. 1225.) - 6352. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. New or Enlarged Dams and Reservoirs [6350 - 6355] ( Heading of Article 1 amended by Stats. 1965, Ch. 1225. )
The owner of a dam or reservoir must file an affidavit about construction cost, and if the cost cannot be reported for specified reasons, must explain that within 30 days of a department request. The department may appraise the cost, set any further fee, and must notify the owner; the owner may then protest within 60 days.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. New or Enlarged Dams and Reservoirs [6350 - 6355] ( Heading of Article 1 amended by Stats. 1965, Ch. 1225. ) ## 6352. As soon as possible after giving notice of completion, the owner shall file an affidavit with the department stating the actual cost of the dam or reservoir in such detail as the department requires to determine whether a further fee is due. In the event the owner of a new or enlarged dam or reservoir, because of loss of records, recent change of ownership, or other causes beyond his control, is unable to report the actual cost of construction or enlargement, he shall file an affidavit to this effect, stating the reasons therefor, within 30 days after receiving a written request therefor from the department. The department shall then make its own appraisal of the cost of construction or enlargement and determine what further fee, if any, is required. Upon making a determination that a further fee is required, the department shall notify the owner by certified mail of the amount of such fee within 15 days and shall notify the owner that he may appear within 60 days thereafter before an authorized representative of the department to protest the amount of the fee, in whole or in part, determined by the department to be required, and the sufficiency of the appraisal upon which such determination was based. (Amended by Stats. 1965, Ch. 1225.) - 6354. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. New or Enlarged Dams and Reservoirs [6350 - 6355] ( Heading of Article 1 amended by Stats. 1965, Ch. 1225. )
The department must inspect a completed dam or reservoir as soon as practicable.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. New or Enlarged Dams and Reservoirs [6350 - 6355] ( Heading of Article 1 amended by Stats. 1965, Ch. 1225. ) ## 6354. As soon as practicable the completed dam or reservoir shall be inspected by the department. (Amended by Stats. 1965, Ch. 1225.) - 6355. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. New or Enlarged Dams and Reservoirs [6350 - 6355] ( Heading of Article 1 amended by Stats. 1965, Ch. 1225. )
The department must issue a certificate of approval when requested by the owner if the dam or reservoir is found safe to impound water within the certificate’s limits. Until the certificate is issued, the owner must not cause the dam or reservoir to impound water.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. New or Enlarged Dams and Reservoirs [6350 - 6355] ( Heading of Article 1 amended by Stats. 1965, Ch. 1225. ) ## 6355. A certificate of approval shall be issued upon a finding that the dam or reservoir is safe to impound water within the limitations prescribed in the certificate. Upon written request by an owner for a certificate of approval, the department shall issue the certificate if it finds that the dam or reservoir is safe to impound water within the limitations prescribed in the certificate. Pending issuance of a certificate of approval by the department, the owner of the dam or reservoir shall not, through action or inaction, cause the dam or reservoir to impound water. (Amended by Stats. 1965, Ch. 1225.) - 6357. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1.5. Certificates of Approval [6357 - 6357.4] ( Article 1.5 added by Stats. 1965, Ch. 1225. )
The department may add terms and conditions to each certificate of approval it issues under this part.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1.5. Certificates of Approval [6357 - 6357.4] ( Article 1.5 added by Stats. 1965, Ch. 1225. ) ## 6357. Each certificate of approval issued by the department under this part may contain such terms and conditions as the department may prescribe. (Added by Stats. 1965, Ch. 1225.) - 6357.1. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1.5. Certificates of Approval [6357 - 6357.4] ( Article 1.5 added by Stats. 1965, Ch. 1225. )
The department may revoke a certificate of approval if a dam or reservoir is found to be dangerous to life or property, and may also revise the certificate’s terms by issuing a new certificate.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1.5. Certificates of Approval [6357 - 6357.4] ( Article 1.5 added by Stats. 1965, Ch. 1225. ) ## 6357.1. The department may revoke any certificate of approval whenever it determines that the dam or reservoir constitutes a danger to life and property. Whenever it deems such action necessary to safeguard life and property, the department may also amend the terms and conditions of any such certificate by issuing a new certificate containing the revised terms and conditions. (Added by Stats. 1965, Ch. 1225.) - 6357.2. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1.5. Certificates of Approval [6357 - 6357.4] ( Article 1.5 added by Stats. 1965, Ch. 1225. )
The dam or reservoir owner must not let the facility impound water after the approval certificate ends unless a new certificate is issued.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1.5. Certificates of Approval [6357 - 6357.4] ( Article 1.5 added by Stats. 1965, Ch. 1225. ) ## 6357.2. The owner of a dam or reservoir for which a certificate of approval has been issued shall not, through action or inaction, cause the dam or reservoir to impound water after the certificate terminates unless a new certificate is issued for the dam or reservoir. A new certificate shall be issued upon a finding by the department that the dam or reservoir is safe to impound water within the limits prescribed in the certificate. (Added by Stats. 1965, Ch. 1225.) - 6357.3. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1.5. Certificates of Approval [6357 - 6357.4] ( Article 1.5 added by Stats. 1965, Ch. 1225. )
The department must, within one year after the article’s effective date, issue new certificates of approval for certain existing dam approvals or written consents, and it may revoke an existing approval or consent if the dam or reservoir is not safe to impound water.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1.5. Certificates of Approval [6357 - 6357.4] ( Article 1.5 added by Stats. 1965, Ch. 1225. ) ## 6357.3. With respect to each certificate of approval or written consent for use of a dam which has been issued by the department or a predecessor of the department and which is in effect prior to the effective date of this article, the department shall, within one year from such effective date, issue a new certificate of approval, which shall supersede the previous certificate or written consent for use, or shall revoke the existing certificate or written consent for use if it finds that the dam or reservoir is not safe to impound water. (Added by Stats. 1965, Ch. 1225.) - 6357.4. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1.5. Certificates of Approval [6357 - 6357.4] ( Article 1.5 added by Stats. 1965, Ch. 1225. )
Before revoking a certificate of approval, the department must hold a hearing and mail written notice at least 20 days in advance to the certificate holder.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1.5. Certificates of Approval [6357 - 6357.4] ( Article 1.5 added by Stats. 1965, Ch. 1225. ) ## 6357.4. Before any certificate of approval is revoked by the department, the department shall hold a hearing. Written notice of the time and place of the hearing shall be mailed, at least 20 days prior to the date set for the hearing, to the holder of the certificate. Any interested persons may appear at the hearing and present their views and objections to the proposed action. Any petition for a writ of mandate to inquire into the validity of action of the department revoking a certificate of approval shall be commenced within 30 days after service of notice of the revocation on the holder of the certificate. (Added by Stats. 1965, Ch. 1225.) - 6360. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Repaired or Altered Dams and Reservoirs [6360 - 6364] ( Heading of Article 2 amended by Stats. 1965, Ch. 1225. )
After a dam or reservoir repair or alteration is finished, the owner must promptly notify the department and then file updated drawings or other information the department requires.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Repaired or Altered Dams and Reservoirs [6360 - 6364] ( Heading of Article 2 amended by Stats. 1965, Ch. 1225. ) ## 6360. Immediately upon completion of the repair or alteration of any dam or reservoir, the owner shall give notice of completion to the department and as soon thereafter as possible shall file with it supplementary drawings or descriptive matter showing or describing the dam or reservoir as actually repaired or altered together with such maps, data, records, and information pertaining to the dam or reservoir as repaired or altered as the department requires. (Amended by Stats. 1965, Ch. 1225.) - 6362. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Repaired or Altered Dams and Reservoirs [6360 - 6364] ( Heading of Article 2 amended by Stats. 1965, Ch. 1225. )
The department must inspect a dam or reservoir after it is repaired or altered, as soon as practicable.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Repaired or Altered Dams and Reservoirs [6360 - 6364] ( Heading of Article 2 amended by Stats. 1965, Ch. 1225. ) ## 6362. As soon as practicable the dam or reservoir as repaired or altered shall be inspected by the department. (Amended by Stats. 1965, Ch. 1225.) - 6363. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Repaired or Altered Dams and Reservoirs [6360 - 6364] ( Heading of Article 2 amended by Stats. 1965, Ch. 1225. )
While a new certificate of approval is pending, the owner of a dam or reservoir must not let the dam or reservoir impound water beyond the limits in the existing certificate.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Repaired or Altered Dams and Reservoirs [6360 - 6364] ( Heading of Article 2 amended by Stats. 1965, Ch. 1225. ) ## 6363. A certificate of approval shall be issued upon a finding that the dam or reservoir is safe to impound water within the limitations prescribed in the certificate. Pending issuance of a new certificate of approval, the owner of the dam or reservoir shall not, through action or inaction, cause the dam or reservoir to impound water beyond the limitations prescribed in the existing certificate. (Amended by Stats. 1965, Ch. 1225.) - 6364. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Repaired or Altered Dams and Reservoirs [6360 - 6364] ( Heading of Article 2 amended by Stats. 1965, Ch. 1225. )
A certificate of approval replaces any earlier approval certificate for a dam or reservoir that has been repaired or altered.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Repaired or Altered Dams and Reservoirs [6360 - 6364] ( Heading of Article 2 amended by Stats. 1965, Ch. 1225. ) ## 6364. The certificate of approval shall supersede any previous certificate of approval issued for the dam or reservoir so repaired or altered. (Amended by Stats. 1965, Ch. 1225.) - 6370. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Removal of Dams and Reservoirs [6370 - 6372] ( Heading of Article 3 amended by Stats. 1965, Ch. 1225. )
After a dam or reservoir is removed, evidence required by the department must be filed with the department.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Removal of Dams and Reservoirs [6370 - 6372] ( Heading of Article 3 amended by Stats. 1965, Ch. 1225. ) ## 6370. Upon completion of the removal of a dam or reservoir such evidence as to the manner in which the work was performed and as to the conditions obtaining after the removal as the department requires shall be filed with the department. (Amended by Stats. 1965, Ch. 1225.) - 6371. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Removal of Dams and Reservoirs [6370 - 6372] ( Heading of Article 3 amended by Stats. 1965, Ch. 1225. )
The evidence must show that enough of the dam has been removed to allow floods to pass safely down the watercourse.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Removal of Dams and Reservoirs [6370 - 6372] ( Heading of Article 3 amended by Stats. 1965, Ch. 1225. ) ## 6371. This evidence shall show that a sufficient portion of the dam has been removed to permit the safe passage of floods down the watercourse across which the dam was located. (Enacted by Stats. 1943, Ch. 368.) - 6372. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Removal of Dams and Reservoirs [6370 - 6372] ( Heading of Article 3 amended by Stats. 1965, Ch. 1225. )
Before final approval of a dam or reservoir removal, the department must inspect the work and determine that all danger to life and property has been eliminated.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Removal of Dams and Reservoirs [6370 - 6372] ( Heading of Article 3 amended by Stats. 1965, Ch. 1225. ) ## 6372. Before final approval of the removal of a dam or reservoir is issued, the department shall inspect the work and determine that all danger to life and property has been eliminated. (Amended by Stats. 1965, Ch. 1225.) - 6380. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Dams Completed Prior to August 14, 1929 [6380 - 6382] ( Article 4 enacted by Stats. 1943, Ch. 368. )
The department must inspect all dams in the state that were completed before August 14, 1929, and the inspections are paid for by the state.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Dams Completed Prior to August 14, 1929 [6380 - 6382] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 6380. The department shall make inspections at State expense of all dams in the State completed prior to August 14, 1929. (Enacted by Stats. 1943, Ch. 368.) - 6381. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Dams Completed Prior to August 14, 1929 [6380 - 6382] ( Article 4 enacted by Stats. 1943, Ch. 368. )
The department must require owners to do, and pay for, work or tests needed to provide information for approval decisions or further safety orders.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Dams Completed Prior to August 14, 1929 [6380 - 6382] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 6381. The department shall require owners to perform at their expense such work or tests as necessary to disclose information sufficient to enable the department to determine whether to issue certificates of approval or to issue orders directing further work at the owner’s expense necessary to safeguard life and property. (Enacted by Stats. 1943, Ch. 368.) - 6382. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Dams Completed Prior to August 14, 1929 [6380 - 6382] ( Article 4 enacted by Stats. 1943, Ch. 368. )
The department must issue a certificate of approval if, after inspection or after ordered work is completed to its satisfaction, it finds the dam is safe for its intended use.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Dams Completed Prior to August 14, 1929 [6380 - 6382] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 6382. If, upon inspection or upon completion to the satisfaction of the department of all work that may be ordered, the department finds that the dam is safe to the full extent for which use is or will be made, a certificate of approval shall be issued. (Enacted by Stats. 1943, Ch. 368.) - 6390. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Complaints as to Unsafe Conditions [6390 - 6393] ( Article 5 enacted by Stats. 1943, Ch. 368. )
When the department receives a written complaint that a dam or reservoir endangers the complainant’s person or property, it must inspect unless existing data, records, and inspection reports are already adequate to judge the complaint.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Complaints as to Unsafe Conditions [6390 - 6393] ( Article 5 enacted by Stats. 1943, Ch. 368. ) ## 6390. Upon receipt of a written complaint alleging that the person or property of the complainant is endangered by the construction, maintenance, or operation of any dam or reservoir the department shall cause an inspection to be made unless the data, records, and inspection reports on file with it are found adequate to enable a determination whether or not the complaint is meritorious. (Amended by Stats. 1965, Ch. 1225.) - 6391. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Complaints as to Unsafe Conditions [6390 - 6393] ( Article 5 enacted by Stats. 1943, Ch. 368. )
If the complainant insists and pays the estimated inspection cost, the department must conduct an inspection even if its records seem sufficient to judge the danger.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Complaints as to Unsafe Conditions [6390 - 6393] ( Article 5 enacted by Stats. 1943, Ch. 368. ) ## 6391. If the complainant insists upon an inspection and deposits with the department a sum estimated by it to be sufficient to cover costs of an inspection, the department shall cause an inspection to be made despite its finding as to the sufficiency of its records to determine the alleged danger. (Enacted by Stats. 1943, Ch. 368.) - 6392. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Complaints as to Unsafe Conditions [6390 - 6393] ( Article 5 enacted by Stats. 1943, Ch. 368. )
If an unsafe condition is found, the department must take whatever action is necessary to make it safe and must return any money deposited to secure an inspection.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Complaints as to Unsafe Conditions [6390 - 6393] ( Article 5 enacted by Stats. 1943, Ch. 368. ) ## 6392. If it is found that an unsafe condition exists, the department shall take such action as is necessary to render or cause the condition to be rendered safe and any money deposited to secure an inspection shall be returned. (Enacted by Stats. 1943, Ch. 368.) - 6393. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Complaints as to Unsafe Conditions [6390 - 6393] ( Article 5 enacted by Stats. 1943, Ch. 368. )
If an inspection prompted by a complaint shows the complaint had no merit, any money deposited for that complaint must be paid into the State Treasury.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Complaints as to Unsafe Conditions [6390 - 6393] ( Article 5 enacted by Stats. 1943, Ch. 368. ) ## 6393. If, after an inspection is made on account of a complaint, the complaint is found by the department to have been without merit, any money deposited therefor shall be payable into the State Treasury. (Enacted by Stats. 1943, Ch. 368.) - 6400. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Inspection During Progress of Work [6400 - 6407] ( Article 6 enacted by Stats. 1943, Ch. 368. )
During dam or reservoir work, the department must inspect the work, and the owner must do needed tests or other work at the owner’s expense so the department can check compliance with approved plans and specifications.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Inspection During Progress of Work [6400 - 6407] ( Article 6 enacted by Stats. 1943, Ch. 368. ) ## 6400. During the construction, enlargement, repair, alteration, or removal of any dam or reservoir the department shall make continuous or periodical inspections at state expense for the purpose of securing conformity with the approved plans and specifications but shall require the owner to perform at his expense such work or tests as necessary to disclose information sufficient to enable the department to determine that conformity with the approved plans and specifications is being secured. (Amended by Stats. 1965, Ch. 1225.) - 6401. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Inspection During Progress of Work [6400 - 6407] ( Article 6 enacted by Stats. 1943, Ch. 368. )
If the department finds safety-related changes are needed, it may order the owner to revise the plans and specifications.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Inspection During Progress of Work [6400 - 6407] ( Article 6 enacted by Stats. 1943, Ch. 368. ) ## 6401. If, after any inspections, investigations, or examinations, or at any time as the work progresses, or at any time prior to issuance of a certificate of approval it is found by the department that amendments, modifications, or changes are necessary to insure safety, the department may order the owner to revise the plans and specifications. (Enacted by Stats. 1943, Ch. 368.) - 6402. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Inspection During Progress of Work [6400 - 6407] ( Article 6 enacted by Stats. 1943, Ch. 368. )
If revealed conditions show a dam or reservoir cannot be constructed safely, the approval may be revoked.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Inspection During Progress of Work [6400 - 6407] ( Article 6 enacted by Stats. 1943, Ch. 368. ) ## 6402. If conditions are revealed which will not permit the construction of a safe dam or reservoir the approval may be revoked. (Amended by Stats. 1965, Ch. 1225.) - 6403. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Inspection During Progress of Work [6400 - 6407] ( Article 6 enacted by Stats. 1943, Ch. 368. )
The department may let an owner revise plans and specifications if imposed conditions can be waived or eased without reducing safety.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Inspection During Progress of Work [6400 - 6407] ( Article 6 enacted by Stats. 1943, Ch. 368. ) ## 6403. In the event that conditions imposed may be waived or made less burdensome without sacrificing a proper margin of safety, the department may authorize an owner to revise the plans and specifications accordingly. (Enacted by Stats. 1943, Ch. 368.) - 6404. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Inspection During Progress of Work [6400 - 6407] ( Article 6 enacted by Stats. 1943, Ch. 368. )
If the department finds dam or reservoir work is not following the approved plans and specifications, it must send a written notice and order to the owner.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Inspection During Progress of Work [6400 - 6407] ( Article 6 enacted by Stats. 1943, Ch. 368. ) ## 6404. If at any time during construction, enlargement, repair, or alterations of any dam or reservoir the department finds that the work is not being done in accordance with the provisions of the approval and the approved plans and specifications or in accordance with the approval and revised plans and specifications, it shall give a written notice and order by registered mail or by personal service to the owner. (Amended by Stats. 1965, Ch. 1225.) - 6405. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Inspection During Progress of Work [6400 - 6407] ( Article 6 enacted by Stats. 1943, Ch. 368. )
The notice and order must identify how the approval, or revised approved plans and specifications, are not being complied with, and must order immediate compliance.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Inspection During Progress of Work [6400 - 6407] ( Article 6 enacted by Stats. 1943, Ch. 368. ) ## 6405. The notice and order shall state the particulars in which the approval and approved plans and specifications or the approval and approved plans and specifications as revised are not being or have not been complied with and shall order the immediate compliance with the approval and approved plans and specifications or with the approval and approved revised plans and specifications as the case may be. (Enacted by Stats. 1943, Ch. 368.) - 6406. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Inspection During Progress of Work [6400 - 6407] ( Article 6 enacted by Stats. 1943, Ch. 368. )
The department may order that no further work be done until compliance has been completed and approved by the department.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Inspection During Progress of Work [6400 - 6407] ( Article 6 enacted by Stats. 1943, Ch. 368. ) ## 6406. The department may order that no further work be done until such compliance has been effected and approved by the department. (Enacted by Stats. 1943, Ch. 368.) - 6407. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Inspection During Progress of Work [6400 - 6407] ( Article 6 enacted by Stats. 1943, Ch. 368. )
If compliance with an approval or approved plans and specifications is not maintained after the department gives notice and an order, the department may revoke the approval.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 7. Inspection and Approval [6350 - 6407] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Inspection During Progress of Work [6400 - 6407] ( Article 6 enacted by Stats. 1943, Ch. 368. ) ## 6407. A failure to comply with the approval and approved plans and specifications as originally approved or as revised shall render the approval subject to revocation by the department, if compliance is not made in accordance therewith after notice and order from the department as provided in this article. (Enacted by Stats. 1943, Ch. 368.) - 6425. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 8. Offenses and Punishment [6425 - 6433] ( Chapter 8 enacted by Stats. 1943, Ch. 368. )
A person who violates this part or a department approval, order, rule, regulation, or requirement commits a misdemeanor and may be fined up to $2,000, jailed up to six months, or both.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 8. Offenses and Punishment [6425 - 6433] ( Chapter 8 enacted by Stats. 1943, Ch. 368. ) ## 6425. Every person who violates any of the provisions of this part or of any approval, order, rule, regulation, or requirement of the department is guilty of a misdemeanor and punishable by a fine of not more than two thousand dollars ($2,000) or by imprisonment in the county jail not exceeding six months, or both. In the event of a continuing violation each day that the violation continues constitutes a separate and distinct offense. (Enacted by Stats. 1943, Ch. 368.) - 6426. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 8. Offenses and Punishment [6425 - 6433] ( Chapter 8 enacted by Stats. 1943, Ch. 368. )
A person must not willfully obstruct, hinder, prevent, or resist the department or its agents from carrying out duties or supervision under this part.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 8. Offenses and Punishment [6425 - 6433] ( Chapter 8 enacted by Stats. 1943, Ch. 368. ) ## 6426. Any person who wilfully obstructs, hinders, or prevents the department or its agents or employees from performing the duties imposed by this part or who wilfully resists the exercise of the control and supervision conferred by this part upon the department or its agents or employees is guilty of a misdemeanor and punishable as provided in this article. (Enacted by Stats. 1943, Ch. 368.) - 6427. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 8. Offenses and Punishment [6425 - 6433] ( Chapter 8 enacted by Stats. 1943, Ch. 368. )
Certain dam and reservoir work done without required approval, or not matching an approval, is a misdemeanor; department personnel who know of the work must immediately notify the department.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 8. Offenses and Punishment [6425 - 6433] ( Chapter 8 enacted by Stats. 1943, Ch. 368. ) ## 6427. Any owner or any person acting as a director, officer, agent, or employee of an owner, or any contractor or agent or employee of a contractor who engages in the construction, enlargement, repair, alteration, maintenance, or removal of any dam or reservoir, who knowingly does work or permits work to be executed on the dam or reservoir without an approval or in violation of or contrary to any approval as provided for in this part, or any inspector, agent, or employee of the department who has knowledge of such work being done and who fails to immediately notify the department thereof is guilty of a misdemeanor and punishable as provided in this article. (Amended by Stats. 1965, Ch. 1225.) - 6428. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 8. Offenses and Punishment [6425 - 6433] ( Chapter 8 enacted by Stats. 1943, Ch. 368. )
An owner who misses a required dam or reservoir fee must pay a 10% penalty plus monthly interest.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 8. Offenses and Punishment [6425 - 6433] ( Chapter 8 enacted by Stats. 1943, Ch. 368. ) ## 6428. (a) Any owner who fails to pay any further fee or any part of a further fee required to be paid pursuant to Section 6305 within the time required shall pay a penalty of 10 percent of the further fee or part of the further fee, plus interest at the rate of one-half of 1 percent per month, or fraction of a month, from the date on which the further fee or the part of the further fee became due and payable to the state until the date of payment. (b) Any owner who fails to pay any annual fee or any part of any annual fee required to be paid pursuant to Section 6307 within the time required shall pay a penalty of 10 percent of the annual fee or part of the annual fee, in addition to the annual fee or part of the annual fee, plus interest at the rate of one-half of 1 percent per month, or fraction of a month, from the date on which the annual fee or the part of the annual fee became due and payable to the state until the date of payment. (Amended by Stats. 2017, Ch. 26, Sec. 90. (SB 92) Effective June 27, 2017.) - 6429. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 8. Offenses and Punishment [6425 - 6433] ( Chapter 8 enacted by Stats. 1943, Ch. 368. )
The department may restrict reservoirs and place property liens on dam owners who fail to comply, and it must publish and update an online report about any restrictions.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 8. Offenses and Punishment [6425 - 6433] ( Chapter 8 enacted by Stats. 1943, Ch. 368. ) ## 6429. (a) The department may impose reservoir restrictions and levy property liens on an owner of a dam who fails to comply with any of the provisions of this part or any approval, order, rule, regulation, or requirement of the department. (b) (1) The department shall post, and update annually, on its Internet Web site a report containing all of the following: (A) The name of each reservoir subject to a restriction imposed pursuant to subdivision (a) and the reservoir’s associated downstream hazard potential classification. (B) The effective date of the reservoir restriction. (C) The reason for the restriction. (D) Any actions, planned or completed, that the dam owner reports to the department to address the restriction. (2) If no reservoir restrictions are in effect, the department shall post this fact on its Internet Web site. (Amended by Stats. 2018, Ch. 543, Sec. 1. (AB 2516) Effective January 1, 2019.) - 6430. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 8. Offenses and Punishment [6425 - 6433] ( Chapter 8 enacted by Stats. 1943, Ch. 368. )
A person who unlawfully constructs or operates a dam without department approval must pay a fine.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 8. Offenses and Punishment [6425 - 6433] ( Chapter 8 enacted by Stats. 1943, Ch. 368. ) ## 6430. Any person who unlawfully constructs or operates a dam without approval from the department shall pay a fine in the amount of the annual fees and the late penalties that would have been due for the period starting from the date the dam was completed to the date the violation was identified by the department. (Added by Stats. 2017, Ch. 26, Sec. 92. (SB 92) Effective June 27, 2017.) - 6431. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 8. Offenses and Punishment [6425 - 6433] ( Chapter 8 enacted by Stats. 1943, Ch. 368. )
If a dam owner does not comply with a department order to prepare an acceptable emergency action plan, the owner must pay the department’s preparation costs.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 8. Offenses and Punishment [6425 - 6433] ( Chapter 8 enacted by Stats. 1943, Ch. 368. ) ## 6431. An owner of a dam who fails to comply with a department order to prepare an acceptable emergency action plan shall pay the cost and expense incurred by the department to prepare the emergency action plan. The department’s cost and expense shall be recoverable by the state from the owner. (Added by Stats. 2017, Ch. 26, Sec. 93. (SB 92) Effective June 27, 2017.) - 6432. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 8. Offenses and Punishment [6425 - 6433] ( Chapter 8 enacted by Stats. 1943, Ch. 368. )
The department may impose a civil penalty of up to $1,000 per day on a dam owner who fails to comply with this part.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 8. Offenses and Punishment [6425 - 6433] ( Chapter 8 enacted by Stats. 1943, Ch. 368. ) ## 6432. In addition to any penalties imposed by any other law, the department may impose a civil penalty of up to one thousand dollars ($1,000) per day upon any owner of a dam who fails to comply with any provision of this part. (Added by Stats. 2017, Ch. 26, Sec. 94. (SB 92) Effective June 27, 2017.) - 6433. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 8. Offenses and Punishment [6425 - 6433] ( Chapter 8 enacted by Stats. 1943, Ch. 368. )
The Attorney General must file a superior court action when the department requests it, and actions under this division must be filed in the proper county. In certain threatened-harm injunction cases, the court can issue relief without proof of irreparable harm or lack of legal remedy.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 8. Offenses and Punishment [6425 - 6433] ( Chapter 8 enacted by Stats. 1943, Ch. 368. ) ## 6433. (a) The Attorney General, upon request of the department, shall bring an action in superior court seeking injunctive relief, penalties, fees, costs, or any other remedies available to the department under this division. (b) Any action or proceeding under this division shall be commenced in the superior court in the county that the cause or some part thereof arose, the owner or person complained of has its principal place of business, or the owner or person complained of resides. (c) In any civil action brought pursuant to this division that the department determines there is a threat to human health, safety, or the environment, and seeks a temporary restraining order, preliminary injunction, or permanent injunction, it shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction, or permanent injunction not be issued, or that the remedy at law is inadequate, and the temporary restraining order, preliminary injunction, or permanent injunction shall issue without those allegations and proof. (Added by Stats. 2023, Ch. 51, Sec. 34. (SB 122) Effective July 10, 2023.) - 6450. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 9. Dams Under Construction Prior to August 14, 1929 [6450 - 6452] ( Chapter 9 enacted by Stats. 1943, Ch. 368. )
A dam that the department finds was less than 90% constructed on August 14, 1929 is treated the same as a dam started after that date.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 9. Dams Under Construction Prior to August 14, 1929 [6450 - 6452] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## 6450. Any dam which the department finds was not 90 percent constructed on August 14, 1929 shall be subject to the same provisions as a dam commenced after that date. (Enacted by Stats. 1943, Ch. 368.) - 6451. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 9. Dams Under Construction Prior to August 14, 1929 [6450 - 6452] ( Chapter 9 enacted by Stats. 1943, Ch. 368. )
Construction work on the dam may continue if an approval application has been filed, but only until the department issues an order. After an order is received, the work must follow that order.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 9. Dams Under Construction Prior to August 14, 1929 [6450 - 6452] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## 6451. Construction work on such a dam may proceed, if an application for approval thereof is filed, until an order from the department is received approving the dam or specifying how its construction must be made or altered to render it safe. After receipt of an order directing the construction of such a dam, work thereafter must be in accordance with the order. (Enacted by Stats. 1943, Ch. 368.) - 6452. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 9. Dams Under Construction Prior to August 14, 1929 [6450 - 6452] ( Chapter 9 enacted by Stats. 1943, Ch. 368. )
Dams that were 90% or more built on August 14, 1929 must be supervised the same way as dams completed before that date.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 9. Dams Under Construction Prior to August 14, 1929 [6450 - 6452] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## 6452. Dams found to be 90 per cent or more constructed on August 14, 1929 shall be subject to the same supervision as dams which were completed prior to that date. (Enacted by Stats. 1943, Ch. 368.) - 6465. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 10. Dams and Reservoirs Under State Supervision Through 1965 Revisions of Part 1 [6455 - 6470] ( Chapter 10 added by Stats. 1965, Ch. 1225. ) ## ARTICLE 2. Dams and Reservoirs Under Construction Before 1965 Revisions [6465 - 6467] ( Article 2 added by Stats. 1965, Ch. 1225. )
Owners of certain dams or reservoirs must file an application with the department for written approval of the plans and specifications.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 10. Dams and Reservoirs Under State Supervision Through 1965 Revisions of Part 1 [6455 - 6470] ( Chapter 10 added by Stats. 1965, Ch. 1225. ) ## ARTICLE 2. Dams and Reservoirs Under Construction Before 1965 Revisions [6465 - 6467] ( Article 2 added by Stats. 1965, Ch. 1225. ) ## 6465. Any dam or reservoir that falls within the definition of a dam or reservoir in this part by virtue of the amendment of Section 6002 or the addition of Section 6004.5 at the 1965 Regular Session of the Legislature and which the department finds was under construction and not 90 percent constructed on September 17, 1965, shall, except as provided in Section 6466, be subject to the same provisions in this part as a dam or reservoir commenced after that date. Every owner of such a dam or reservoir shall file an application with the department for the department’s written approval of the plans and specifications of the dam or reservoir. Where an application for approval of the plans and specifications for a dam is pending before the department on September 17, 1965, such application shall be deemed to also constitute an application for approval of the plans and specifications of the reservoir which will contain the water impounded by the dam. (Added by Stats. 1965, Ch. 1225.) - 6466. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 10. Dams and Reservoirs Under State Supervision Through 1965 Revisions of Part 1 [6455 - 6470] ( Chapter 10 added by Stats. 1965, Ch. 1225. ) ## ARTICLE 2. Dams and Reservoirs Under Construction Before 1965 Revisions [6465 - 6467] ( Article 2 added by Stats. 1965, Ch. 1225. )
Construction on the dam or reservoir may continue only if the plans and specifications application has been filed, and later work must follow any department order.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 10. Dams and Reservoirs Under State Supervision Through 1965 Revisions of Part 1 [6455 - 6470] ( Chapter 10 added by Stats. 1965, Ch. 1225. ) ## ARTICLE 2. Dams and Reservoirs Under Construction Before 1965 Revisions [6465 - 6467] ( Article 2 added by Stats. 1965, Ch. 1225. ) ## 6466. Construction work on such a dam or reservoir may proceed, provided an application for approval of the plans and specifications therefor is filed, until a certificate of approval is received by the owner from the department approving the dam or reservoir or an order is received by the owner from the department specifying how the construction must be performed to render the dam or reservoir safe. After receipt of an order specifying how construction of the dam or reservoir must be performed, work thereafter must be in accordance with the order. (Added by Stats. 1965, Ch. 1225.) - 6467. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 10. Dams and Reservoirs Under State Supervision Through 1965 Revisions of Part 1 [6455 - 6470] ( Chapter 10 added by Stats. 1965, Ch. 1225. ) ## ARTICLE 2. Dams and Reservoirs Under Construction Before 1965 Revisions [6465 - 6467] ( Article 2 added by Stats. 1965, Ch. 1225. )
Dams or reservoirs that were 90% or more built on September 17, 1965 are subject to the same supervision as completed dams or reservoirs.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 10. Dams and Reservoirs Under State Supervision Through 1965 Revisions of Part 1 [6455 - 6470] ( Chapter 10 added by Stats. 1965, Ch. 1225. ) ## ARTICLE 2. Dams and Reservoirs Under Construction Before 1965 Revisions [6465 - 6467] ( Article 2 added by Stats. 1965, Ch. 1225. ) ## 6467. Such dams or reservoirs as are 90 percent or more constructed on September 17, 1965, shall be subject to the same supervision as dams or reservoirs which were completed prior thereto. (Added by Stats. 1965, Ch. 1225.) - 6470. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 10. Dams and Reservoirs Under State Supervision Through 1965 Revisions of Part 1 [6455 - 6470] ( Chapter 10 added by Stats. 1965, Ch. 1225. ) ## ARTICLE 3. Fees for Dams or Reservoirs Under Construction Before 1965 Revisions [6470- 6470.] ( Article 3 added by Stats. 1965, Ch. 1225. )
Some dam and reservoir owners are exempt from application fees, while under-90%-complete projects get reduced fees based on how complete they were on September 17, 1965.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 10. Dams and Reservoirs Under State Supervision Through 1965 Revisions of Part 1 [6455 - 6470] ( Chapter 10 added by Stats. 1965, Ch. 1225. ) ## ARTICLE 3. Fees for Dams or Reservoirs Under Construction Before 1965 Revisions [6470- 6470.] ( Article 3 added by Stats. 1965, Ch. 1225. ) ## 6470. The owners of completed dams or reservoirs and dams or reservoirs that are 90 percent or more constructed that are made subject to the provisions of this part by the amendment of Section 6002 or the addition of Section 6004.5 at the 1965 Regular Session of the Legislature shall not be required to pay a fee in relation to applications filed with the department for approval of their dams or reservoirs. Applications for the approval of dams or reservoirs that are made subject to this part by said amendment or addition that are found by the department to have been less than 90 percent constructed on September 17, 1965, shall be accompanied by fees as much less than provided for dams or reservoirs commenced after that date as the percentage of construction found by the department to have been completed on that date. (Added by Stats. 1965, Ch. 1225.) - 6500. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 2. FISHWAYS OVER DAMS [6500 - 6501] ( Part 2 enacted by Stats. 1943, Ch. 368. )
If an application for approval of plans and specifications for a new dam or a dam enlargement is filed under Part 1, a copy must also be filed with the Fish and Game Commission.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 2. FISHWAYS OVER DAMS [6500 - 6501] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## 6500. Whenever an application for approval of plans and specifications for a new dam, or for the enlargement of any dam, in any stream in this State, is filed pursuant to Part 1 of this division, a copy of the application shall be filed with the Fish and Game Commission as required by the Fish and Game Code. (Enacted by Stats. 1943, Ch. 368.) - 6501. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 2. FISHWAYS OVER DAMS [6500 - 6501] ( Part 2 enacted by Stats. 1943, Ch. 368. )
This section says the rules for fishways over or around dams, and for protecting fish in dam-obstructed streams, are found in another part of the Fish and Game Code.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 2. FISHWAYS OVER DAMS [6500 - 6501] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## 6501. The provisions for the installation of fishways over or around dams and for the protection and preservation of fish in streams obstructed by dams are contained in Chapter 3 (commencing with Section 5900), Part 1, Division 6 of the Fish and Game Code. (Amended by Stats. 1963, Ch. 309.) - 6600. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 3. Citizens Advisory Commission for Oroville Dam [6600 - 6612] ( Part 3 added by Stats. 2018, Ch. 509, Sec. 2. )
This section defines “Commission” and “Dam” for this part of the Water Code.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 3. Citizens Advisory Commission for Oroville Dam [6600 - 6612] ( Part 3 added by Stats. 2018, Ch. 509, Sec. 2. ) ## 6600. As used in this part, the following terms have the following meanings: (a) “Commission” means the Citizens Advisory Commission created pursuant to Section 6602. (b) “Dam” means Oroville Dam, its appurtenant structures, the Feather River Fish Hatchery, and the Oroville-Thermalito Complex. (Added by Stats. 2018, Ch. 509, Sec. 2. (SB 955) Effective January 1, 2019.) - 6602. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 3. Citizens Advisory Commission for Oroville Dam [6600 - 6612] ( Part 3 added by Stats. 2018, Ch. 509, Sec. 2. )
This section creates the Citizens Advisory Commission for Oroville Dam within the Natural Resources Agency and directs the chairperson to invite specified people to serve as members.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 3. Citizens Advisory Commission for Oroville Dam [6600 - 6612] ( Part 3 added by Stats. 2018, Ch. 509, Sec. 2. ) ## 6602. (a) There is hereby created within the Natural Resources Agency the Citizens Advisory Commission for Oroville Dam. (b) (1) The commission shall consist of all of the following persons as members: (A) The Secretary of the Natural Resources Agency or his or her designee, who shall be the chairperson. (B) The director of the department or his or her designee. (C) The director of the Department of Parks and Recreation or his or her designee. (D) The director of the Office of Emergency Services or his or her designee. (E) The commander of the Department of the California Highway Patrol field division that services the County of Butte or his or her designee. (F) The member of the California State Senate representing the City of Oroville or his or her designee. (G) The member of the California State Assembly representing the City of Oroville or his or her designee. (2) The chairperson may request the participation of other state agencies if particular expertise or input is warranted. (c) The chairperson shall invite all of the following persons to be members of the commission: (1) Two members appointed by the City Council of the City of Oroville. (2) Three members appointed by the Board of Supervisors of the County of Butte. (3) Two members appointed by the Board of Supervisors of the County of Sutter. (4) Two members appointed by the Board of Supervisors of the County of Yuba. (5) One county deputy sheriff appointed by the Sheriff of Butte County. (6) One county deputy sheriff appointed by the Sheriff of Sutter County. (7) One county deputy sheriff appointed by the Sheriff of Yuba County. (d) In selecting members, the appointing bodies identified in paragraphs (1) to (4), inclusive, of subdivision (c) shall strive to appoint members who reflect the broad interests of the community they represent. (Added by Stats. 2018, Ch. 509, Sec. 2. (SB 955) Effective January 1, 2019.) - 6604. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 3. Citizens Advisory Commission for Oroville Dam [6600 - 6612] ( Part 3 added by Stats. 2018, Ch. 509, Sec. 2. )
The commission must choose a vice chairperson by majority vote, members serve three-year terms unless they are legislators, vacancies must be filled after written notice, and commission meetings must be open to the public and follow the Government Code meeting rules.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 3. Citizens Advisory Commission for Oroville Dam [6600 - 6612] ( Part 3 added by Stats. 2018, Ch. 509, Sec. 2. ) ## 6604. (a) The members of the commission appointed pursuant to subdivision (c) of Section 6602, if any, shall select the vice chairperson by a majority vote of those members. (b) The term of office of all members shall be three years, except those who are members of the Legislature, who shall serve for the duration of their term or terms representing the City of Oroville. If a vacancy occurs due to resignation, death, or absence from three consecutive meetings, the appointing power shall fill the vacancy following receipt of written notification that a vacancy has occurred. (c) The commission shall meet as necessary to carry out the purposes and duties of the commission. (d) Meetings of the commission shall be open to the public and held in accordance with Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2018, Ch. 509, Sec. 2. (SB 955) Effective January 1, 2019.) - 6606. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 3. Citizens Advisory Commission for Oroville Dam [6600 - 6612] ( Part 3 added by Stats. 2018, Ch. 509, Sec. 2. )
The commission must represent the public, communicate community feedback to the dam operator, publish a report at least every three years, and it may request levee-related visits, briefings, or information; it may not make rules binding dam operations.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 3. Citizens Advisory Commission for Oroville Dam [6600 - 6612] ( Part 3 added by Stats. 2018, Ch. 509, Sec. 2. ) ## 6606. (a) The commission shall do all of the following: (1) Serve as a representative to the public for the purposes of providing public input and receiving information from the dam operator. (2) Act as a unified voice from the communities surrounding Oroville Dam to provide public feedback, advice, and best practices to the dam operator. (3) Publish a report at least once every three years that provides all of the following: (A) An overview of ongoing maintenance and improvements made at the dam and its site. (B) A register of communications received by the commission from the department and other parties. (C) Notice of upcoming plans made by the department for the dam and its site. (D) An overview of flood management projects on the Feather River affecting public safety and flood risk reduction. (b) The commission may request, from the department’s Division of Flood Management or the reclamation or flood management district with jurisdiction over the Feather River, or any combination of those entities, levee system visits, briefings, or information regarding Feather River levees and levee-related flood risk. (c) The commission shall not make regulations or rules to bind operations at the dam. (Amended by Stats. 2019, Ch. 497, Sec. 283. (AB 991) Effective January 1, 2020.) - 6608. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 3. Citizens Advisory Commission for Oroville Dam [6600 - 6612] ( Part 3 added by Stats. 2018, Ch. 509, Sec. 2. )
The department must provide the commission with dam tours, requested information, and updates on Feather River flood management activities.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 3. Citizens Advisory Commission for Oroville Dam [6600 - 6612] ( Part 3 added by Stats. 2018, Ch. 509, Sec. 2. ) ## 6608. The department shall do all of the following for the commission: (a) Provide onsite tours of the dam and its grounds. (b) Provide all information reasonably requested by the commission regarding the construction, rehabilitation or reconstruction, operation, maintenance, and management of the dam, including, but not limited to, any of the following: (1) Asset management plans regarding facilities and equipment of the dam. (2) Scheduled or anticipated repairs, restoration, or replacement of facilities or major equipment. (3) Changes in flood management rules. (c) Provide updates on Feather River flood management activities, including site visits and briefings. (Amended by Stats. 2019, Ch. 497, Sec. 284. (AB 991) Effective January 1, 2020.) - 6610. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 3. Citizens Advisory Commission for Oroville Dam [6600 - 6612] ( Part 3 added by Stats. 2018, Ch. 509, Sec. 2. )
The commission may visit the dam, its site, and site personnel to support the goals of this part, but not when doing so would jeopardize institutional security.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 3. Citizens Advisory Commission for Oroville Dam [6600 - 6612] ( Part 3 added by Stats. 2018, Ch. 509, Sec. 2. ) ## 6610. The commission shall have the power to visit the dam, its site, and site personnel in furtherance of the goals of this part. The power of visitation specified in this section shall not extend to a situation where institutional security would be jeopardized. (Added by Stats. 2018, Ch. 509, Sec. 2. (SB 955) Effective January 1, 2019.) - 6612. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 3. Citizens Advisory Commission for Oroville Dam [6600 - 6612] ( Part 3 added by Stats. 2018, Ch. 509, Sec. 2. )
The commission may receive in-kind assistance or funds from public or private sources, and those funds are available only after Legislature appropriation.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 3. Citizens Advisory Commission for Oroville Dam [6600 - 6612] ( Part 3 added by Stats. 2018, Ch. 509, Sec. 2. ) ## 6612. The commission may receive in-kind assistance or funds, or both, from public and private sources. These funds are available to the commission upon appropriation by the Legislature. (Added by Stats. 2018, Ch. 509, Sec. 2. (SB 955) Effective January 1, 2019.) - 6700. Verify source ↗
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 4. Dam Safety and Climate Resilience Local Assistance Program [6700- 6700.] ( Part 4 added by Stats. 2023, Ch. 51, Sec. 35. )
The department must run a dam safety grant program if the Legislature appropriates money, adopt program guidelines before distributing funds, and cannot fund dam raising or reservoir expansion. A 50% grant cost share is generally required, but the department may waive or reduce it in limited hardship and safety cases.
## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 4. Dam Safety and Climate Resilience Local Assistance Program [6700- 6700.] ( Part 4 added by Stats. 2023, Ch. 51, Sec. 35. ) ## 6700. (a) (1) The department shall, upon appropriation by the Legislature, develop and administer the Dam Safety and Climate Resilience Local Assistance Program established pursuant to this section. The purpose of the program shall be to provide state funding for repairs, rehabilitation, enhancements, and other dam safety projects at existing state jurisdictional dams and associated facilities that were in service prior to January 1, 2023. (2) Before disbursing grant funds pursuant to this part, the department shall develop and adopt program guidelines and project solicitation documents. Any guidelines and project solicitation documents developed pursuant to this section are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b) Dam safety and enhancement projects eligible to receive funding under the program include the following: (1) Dam repairs to allow water storage to full capacity. (2) New spillway and spillway repair projects at existing dams. (3) Dam and reservoir seismic retrofit projects. (4) Enhancement of water supply and downstream flood risk reduction such as implementation of Forecast-Informed Reservoir Operations. (5) One-time projects to remove sediment resulting from wildfires or extraordinary storm events. (6) Improvements to dam appurtenances to address dam safety-related deficiencies identified by the department. (c) Upon appropriation by the Legislature, funds shall be available to the department to provide grants to owners of state jurisdictional dams for dam safety projects that provide the following public benefits, in order of priority: (1) Protection of public safety. (2) Restoration of water storage. (3) Flood risk reduction. (4) Enhancement of water supply reliability. (5) Enhancement, protection, or restoration of habitat for fish and wildlife. (6) Protection of water quality. (d) The department shall not award any funds under this section for raising dams, increasing reservoir space, or otherwise increasing water impoundment. (e) A grant cost share of at least 50 percent shall be required for projects funded pursuant to this part. Federal funding and other state loans and grants may be used as grant cost share. The department may waive or reduce the grant cost share if it would cause extreme financial hardship to the grant recipient and the dam poses an unacceptable public safety risk. (Added by Stats. 2023, Ch. 51, Sec. 35. (SB 122) Effective July 10, 2023.) - 7. Verify source ↗
## Water Code - WAT ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 368. )
A deputy or other person authorized by law may exercise a public officer’s power or perform the officer’s duty, unless the code says otherwise.
## Water Code - WAT ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 368. ) ## 7. Whenever a power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this code expressly provides otherwise. (Enacted by Stats. 1943, Ch. 368.) - 7000. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Joint Use of Wells, PumpingPlants and Conduits [7000 - 7010] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Definitions [7000- 7000.] ( Article 1 enacted by Stats. 1943, Ch. 368. )
In this chapter, “conduit” includes a ditch, pipe line, and flume.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Joint Use of Wells, PumpingPlants and Conduits [7000 - 7010] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Definitions [7000- 7000.] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 7000. As used in this chapter “conduit” includes ditch, pipe line, and flume. (Enacted by Stats. 1943, Ch. 368.) - 7000.5. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Joint Use of Wells, PumpingPlants and Conduits [7000 - 7010] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Landowner or Water Right Holder Right to Modify or Replace Jointly Used Conduits [7000.5- 7000.5.] ( Article 2 added by Stats. 2023, Ch. 889, Sec. 1. )
In Siskiyou County, certain landowners and water right holders may modify or replace jointly used conduits if they do not block water flow to other beneficiaries.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Joint Use of Wells, PumpingPlants and Conduits [7000 - 7010] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Landowner or Water Right Holder Right to Modify or Replace Jointly Used Conduits [7000.5- 7000.5.] ( Article 2 added by Stats. 2023, Ch. 889, Sec. 1. ) ## 7000.5. (a) This article shall only apply to conduits located within the County of Siskiyou. (b) Where a conduit is constructed across or buried beneath the lands of two or more landowners, and the conduit is not under the control or management of any public agency or authority, a landowner whose property the conduit is constructed across or buried beneath may modify or replace the conduit on or beneath their land if the modification or replacement is made in a manner that does not impede the flow of the water to any other water right holder receiving a benefit of the conduit. (c) Where a conduit is constructed across or buried beneath the lands of two or more landowners, and the conduit is not under the control or management of any public agency or authority, a water right holder to the water in the conduit may modify or replace the conduit on or beneath the land of any landowner whose land the conduit is constructed across or buried beneath if the modification or replacement is made in a manner that does not impede the flow of the water to any other water right holder receiving a benefit of the conduit. (d) (1) If a water right holder makes a modification or replacement pursuant to subdivision (c), written permission is required if the conduit is constructed across or buried beneath lands owned by a public landowner. (2) A water right holder proposing a modification or replacement pursuant to subdivision (c) shall provide written notice at least 30 days before the start of the modification or replacement when proposing work on land owned by a public landowner, including detailed information on the proposed work and access to the conduit on the land. (3) A public landowner may condition its permission or deny a request. (4) A public landowner granting permission has no obligation to investigate the applicability of subdivision (c) to the proposed modification or replacement and shall not be liable to any other affected landowner if the landowner requesting to do the modification or replacement does not have the authority pursuant to that subdivision. (e) A landowner or water right holder proposing a modification or replacement pursuant to subdivision (c) shall provide written notice to a private landowner at least 30 days before the start of the modification or replacement when proposing work on land owned by the private landowner, and shall include detailed information on the proposed work and access to the conduit on the land in the written notice. The landowner or water right holder proposing a modification or replacement of a conduit shall be liable for any damage to a private landowner’s property that may occur during the replacement or modification. (f) Any increased operation costs, maintenance costs, or other expenses involved in the modification or replacement of the conduit shall be the responsibility of the landowner or water right holder who makes the change. (g) Nothing in this section gives a landowner or water right holder the right to alter the flow of water in a manner that would negatively affect other water right holders that benefit from use of the conduit. (h) If provisions regarding access to, or a modification or replacement of, a conduit are provided for in a recorded easement or an agreement among the affected landowners or water right holders that is inconsistent with this section, the provisions of the easement or agreement shall control. (i) For purposes of this article, the following definitions apply: (1) “Modify or replace” includes the ability to install new, or improve existing, piping, lining, or other methods that provide for conservation and beneficial use of water, as provided in Section 100. (2) “Public landowner” means any district, governmental agency, or other governmental entity that owns an easement or any other right to land. (Added by Stats. 2023, Ch. 889, Sec. 1. (SB 836) Effective January 1, 2024.) - 70000. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 1. General Provisions [70000 - 70001] ( Chapter 1 added by Stats. 1959, Ch. 370. )
This part may be cited as the Levee District Law of 1959.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 1. General Provisions [70000 - 70001] ( Chapter 1 added by Stats. 1959, Ch. 370. ) ## 70000. This part shall be known and may be cited as the Levee District Law of 1959. (Added by Stats. 1959, Ch. 370.) - 70001. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 1. General Provisions [70000 - 70001] ( Chapter 1 added by Stats. 1959, Ch. 370. )
This part does not change any statute already in force about levee districts.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 1. General Provisions [70000 - 70001] ( Chapter 1 added by Stats. 1959, Ch. 370. ) ## 70001. Nothing in this part affects the provisions of any statute in relation to levee districts now in force. (Added by Stats. 1959, Ch. 370.) - 7001. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Joint Use of Wells, PumpingPlants and Conduits [7000 - 7010] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Contribution of Expenses of Jointly Used Wells, Pumping Plants or Conduits [7001 - 7003] ( Heading of Article 3 renumbered from Article 2 by Stats. 2023, Ch. 889, Sec. 2. )
People who jointly use a conduit, well, or pumping plant must share reasonable maintenance and repair expenses in proportion to actual use, unless they agree otherwise.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Joint Use of Wells, PumpingPlants and Conduits [7000 - 7010] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Contribution of Expenses of Jointly Used Wells, Pumping Plants or Conduits [7001 - 7003] ( Heading of Article 3 renumbered from Article 2 by Stats. 2023, Ch. 889, Sec. 2. ) ## 7001. When two or more persons are associated by agreement in the use of a conduit, well, or pumping plant, for the conveyance, obtaining or disposing of water, or are using such conduit, well, or pumping plant, or any part thereof, for any lawful purpose, to the construction of which they or their grantors have contributed, each is liable, in the absence of any agreement to the contrary, to the others for the reasonable expenses of maintaining and repairing the same proportionately to the use actually made of such conduit, well or pumping plant whether used in connection with irrigation or drainage. (Amended by Stats. 1949, Ch. 431.) - 7002. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Joint Use of Wells, PumpingPlants and Conduits [7000 - 7010] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Contribution of Expenses of Jointly Used Wells, Pumping Plants or Conduits [7001 - 7003] ( Heading of Article 3 renumbered from Article 2 by Stats. 2023, Ch. 889, Sec. 2. )
After a written demand, a person must pay their share of the expenses under the preceding section.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Joint Use of Wells, PumpingPlants and Conduits [7000 - 7010] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Contribution of Expenses of Jointly Used Wells, Pumping Plants or Conduits [7001 - 7003] ( Heading of Article 3 renumbered from Article 2 by Stats. 2023, Ch. 889, Sec. 2. ) ## 7002. If any person neglects, after demand in writing, to pay his proportion of the expenses under the next preceding section, he is liable therefor in an action for contribution, and in any judgment obtained against him interest from the time of demand shall be included. (Enacted by Stats. 1943, Ch. 368.) - 7003. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Joint Use of Wells, PumpingPlants and Conduits [7000 - 7010] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Contribution of Expenses of Jointly Used Wells, Pumping Plants or Conduits [7001 - 7003] ( Heading of Article 3 renumbered from Article 2 by Stats. 2023, Ch. 889, Sec. 2. )
Certain parties who paid more than their fair share of joint expenses may bring the action, and the plaintiff may recover reasonable counsel fees as costs if fixed by the court.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Joint Use of Wells, PumpingPlants and Conduits [7000 - 7010] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Contribution of Expenses of Jointly Used Wells, Pumping Plants or Conduits [7001 - 7003] ( Heading of Article 3 renumbered from Article 2 by Stats. 2023, Ch. 889, Sec. 2. ) ## 7003. The action authorized by this article may be brought by any or all of the parties who have contributed more than his or their just proportion of the expenses, and the plaintiff may recover, as costs, reasonable counsel fees to be fixed by the court. (Enacted by Stats. 1943, Ch. 368.) - 70030. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. )
People of a county, or part of a county, may form a levee district.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. ) ## 70030. The people of a county or a portion of a county, whether the portion includes unincorporated territory or not, may form a levee district for the protection of the lands of the district from overflow and for the purpose of conserving or adding water to the sloughs and drains in the district. (Added by Stats. 1959, Ch. 370.) - 70031. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. )
A formation petition must describe the proposed district’s boundaries and request incorporation into a district.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. ) ## 70031. The formation petition shall describe the boundaries of the proposed district and shall pray that it be incorporated into a district. (Added by Stats. 1959, Ch. 370.) - 70032. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. )
A levee district formation petition must be signed by at least 50% of the landowners and by owners of 50% of the land to be included, and it must be filed with the county board of supervisors.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. ) ## 70032. The formation petition shall be signed by at least 50 percent of the landowners and shall also be signed by the owners of 50 percent of the land to be included in the levee district. The petition may consist of any number of separate instruments. The petition shall be filed with the board of supervisors of the county. (Added by Stats. 1959, Ch. 370.) - 70033. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. )
The county elections official must publish notice of a hearing on the petition to form the proposed district.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. ) ## 70033. The county elections official of the county containing the proposed district shall publish notice of a hearing on the formation petition pursuant to Section 6066 of the Government Code. (Amended by Stats. 2002, Ch. 221, Sec. 190. Effective January 1, 2003.) - 70034. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. )
The notice for the hearing on a formation petition must include the petition text, the number of signers, at least five names on the petition, the board meeting time, and a statement that interested persons may appear and be heard.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. ) ## 70034. The notice of the hearing on the formation petition shall contain all of the following: (a) The text of the petition, which need be set forth only once even though contained upon more than one instrument. (b) The number of persons who have signed the petition. (c) At least five of the names attached to the petition. (d) The time of the meeting of the board of supervisors at which the petition will be presented and considered. (e) A statement that all persons interested may then appear and be heard. (Added by Stats. 1959, Ch. 370.) - 70035. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. )
Defects in the petition contents or required notice do not invalidate formation proceedings if the petition has enough qualified signatures.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. ) ## 70035. No defects in the contents of the petition, or in the form of the required notice, shall vitiate the formation proceedings, if the petition has a sufficient number of qualified signatures attached. (Added by Stats. 1959, Ch. 370.) - 70036. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. )
The formation petition must be presented and considered at a regular meeting of the county board of supervisors for the county where the proposed district will be located.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. ) ## 70036. The formation petition shall be presented and considered at a regular meeting of the board of supervisors of the county in which the proposed district is to be situated. (Added by Stats. 1959, Ch. 370.) - 70037. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. )
The board of supervisors must hear the petition, hear from petition signers who want to appear, and consider timely written protests from property owners in the proposed district. It may adjourn the hearing, but for no more than four weeks in total.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. ) ## 70037. At the time stated in the notice of the hearing the board of supervisors shall hear the petition, and shall hear from any of those who signed the petition and who wish to appear, and shall consider any written protest filed with the clerk of the board prior to the hearing, by or on behalf of owners of taxable property situated within the proposed district. The board of supervisors may adjourn the hearing from time to time, not exceeding four weeks in all. (Added by Stats. 1959, Ch. 370.) - 70038. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. )
The board of supervisors must review the formation petition, hear relevant testimony, and record its determination in the minutes.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. ) ## 70038. At the hearing of the formation petition the board of supervisors shall determine whether or not the petition complies with this part and for that purpose shall hear all competent and relevant testimony offered in support of or in opposition thereto. The determination shall be entered upon the minutes of the board of supervisors. A finding of the board of supervisors in favor of the genuineness and sufficiency of the petition and notice shall be conclusive against all persons, except the State in a suit by the Attorney General, commenced within one year after the order of the board of supervisors declaring the district formed. (Added by Stats. 1959, Ch. 370.) - 70039. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. )
At the final hearing, the board of supervisors may change the proposed district’s boundaries and must then describe those boundaries.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. ) ## 70039. At the final hearing the board of supervisors may make changes in the boundaries of the proposed district, as may be deemed advisable, and shall then describe the boundaries of the proposed district. In doing this: (a) No land included in the proposed district in the petition, which will be benefited by the district shall be excluded. (b) No land which will not, in the judgment of the board, be benefited by the district shall be included. (c) Upon the application of any person whose land was not included in the petition but whose land will be benefited by the proposed district, the land may, in the discretion of the board, be included. (Added by Stats. 1959, Ch. 370.) - 70040. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. )
After the proposed district boundaries are finally determined, the board of supervisors must call and give notice of a formation election in the proposed district.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. ) ## 70040. Upon the final determination of the boundaries of the proposed district, the board of supervisors shall call and give notice of a formation election to be held in the proposed district for the purpose of determining whether or not the district shall be formed. The date of the election shall be not less than 50 days nor more than 60 days from the date of the final hearing on the formation petition. (Added by Stats. 1959, Ch. 370.) - 70041. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. )
The county elections official must publish the notice of the formation election once a week for at least two weeks before the election in a newspaper printed and published in the county.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. ) ## 70041. The notice of the formation election shall contain: (a) The date of the election. (b) A description of the boundaries of the proposed district. (c) The name of the proposed district, which name shall contain the words “Levee District.” (d) A statement that the first directors will be elected at that election. The county elections official shall publish the notice once a week for at least two weeks prior to the formation election in one newspaper printed and published in the county. (Amended by Stats. 2002, Ch. 221, Sec. 191. Effective January 1, 2003.) - 70041.1. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. )
This section requires prompt notice and review steps after a district formation election is called.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. ) ## 70041.1. Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail, a written notification of the election call to the executive officer of the local agency formation commission of the county or principal county in which the territory or major portion of the territory of the proposed district is located. Such written notice shall include the name and a description of the proposed district, and may be in the form of a certified copy of the resolution adopted by the legislative body calling the district formation election. The executive officer, within five days after being notified that a district formation election has been called, shall submit to the commission, for its approval or modification, an impartial analysis of the proposed district formation. The impartial analysis shall not exceed 500 words in length and shall include a specific description of the boundaries of the district proposed to be formed. The local agency formation commission, within five days after the receipt of the executive officer’s analysis, shall approve or modify the analysis and submit it to the officials in charge of conducting the district formation election. (Added by Stats. 1970, Ch. 736.) - 70041.2. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. )
Certain eligible supervisors, voters, and citizen associations may file written arguments for or against the proposed district formation, but the arguments must be no more than 300 words and filed at least 54 days before the election.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. ) ## 70041.2. The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled to vote on the district formation proposition, or any combination of such voters and associations of citizens, may file a written argument for or a written argument against the proposed district formation. Arguments shall not exceed 300 words in length and shall be filed with the officials in charge of conducting the election not less than 54 days prior to the date of the district formation election. (Added by Stats. 1970, Ch. 736.) - 70041.3. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. )
If multiple arguments for or against a proposed district formation are filed on time, election officials must choose one for printing and distribution to voters.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. ) ## 70041.3. If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time prescribed, such election officials shall select one of the arguments for printing and distribution to the voters. In selecting the arguments, the election officials shall give preference and priority in the the order named to the arguments of the following: (a) The board of supervisors or any member or members of the board authorized by the board. (b) Individual voters or bona fide associations of citizens or a combination of such voters and associations. (Added by Stats. 1970, Ch. 736.) - 70041.4. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. )
Election officials must print and mail a ballot pamphlet about the district formation proposition to each eligible voter, and they must mail it at least 10 days before the election.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. ) ## 70041.4. The officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be printed and mailed to each voter entitled to vote on the district formation question. The ballot pamphlet shall contain the following in the order prescribed: (a) The complete text of the proposition. (b) The impartial analysis of the proposition prepared by the local agency formation commission. (c) The argument for the proposed district formation. (d) The argument against the proposed district formation. The elections officials shall mail a ballot pamphlet to each voter entitled to vote in the district formation election at least 10 days prior to the date of the election. The ballot pamphlet is “official matter” within the meaning of Section 13303 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 258. Effective January 1, 1995.) - 70042. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. )
At the formation election, the proposition to form the levee district must be submitted and the first directors for the proposed district must be elected.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. ) ## 70042. At the formation election: (a) The measure “Shall the proposition to form ____ Levee District under the Levee District Law of 1959 be adopted?” shall be submitted. (b) The first directors for the proposed district shall be elected. (Added by Stats. 1959, Ch. 370.) - 70043. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. )
This section says the vote in a formation election must be canvassed by the board of supervisors at its next regular meeting, at least five days after the election, and candidates for the ballot must comply with Section 70124.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. ) ## 70043. The election shall be conducted, the vote canvassed, and the result declared in the same manner provided by the Elections Code, so far as applicable, except as otherwise provided in this part. Each person who wishes to have his name printed on the formation election ballot shall comply with Section 70124. The vote shall be canvassed by the board of supervisors at its next regular meeting, five or more days after the election. (Added by Stats. 1959, Ch. 370.) - 70044. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. )
If fewer than a majority of votes are cast in favor of formation, the formation fails.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. ) ## 70044. If less than a majority of the votes cast are in favor of formation, the formation shall fail, but without prejudice to renewing proceedings at any time in the future. (Added by Stats. 1959, Ch. 370.) - 70045. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. )
If voters approve formation by majority, the board of supervisors must declare the territory formed as a district, and the county clerk must immediately record a certificate of approval.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. ) ## 70045. If a majority of the votes cast at the formation election are in favor of forming the district, the board of supervisors shall, by an order entered on its minutes, declare the territory formed as a district under the name designated for it, and the county clerk shall immediately cause to be recorded in the office of the county recorder of the county in which the district is situated, a certificate stating that the formation of the district was approved by the voters. (Added by Stats. 1959, Ch. 370.) - 70046. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. )
An informality in proceedings, including in the formation election, does not invalidate a levee district unless it substantially and adversely affects a citizen’s legal rights.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. ) ## 70046. No informality in any proceeding, including informality in the conduct of the formation election, not substantially adversely affecting the legal rights of any citizen shall invalidate the organization of a levee district organized under this part. (Added by Stats. 1959, Ch. 370.) - 70047. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. )
A challenge to the validity of a levee district’s organization must be started within three months after the certificate is recorded, unless Section 70038 says otherwise.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 2. Formation [70030 - 70047] ( Chapter 2 added by Stats. 1959, Ch. 370. ) ## 70047. Except as provided in Section 70038, any proceeding, contesting the validity of the organization of a levee district pursuant to this part, shall be commenced within three months from the date of the recordation of the certificate; subsequently, the organization and legal existence of the district and all proceedings in respect thereto, shall be uncontestable. (Added by Stats. 1959, Ch. 370.) - 7005. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Joint Use of Wells, PumpingPlants and Conduits [7000 - 7010] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Proceeding for Declaration of Rights in Jointly Used Wells, Pumping Plants or Conduits [7005 - 7010] ( Heading of Article 4 renumbered from Article 3 by Stats. 2023, Ch. 889, Sec. 3. )
If certain users of a jointly used water conduit, well, or pumping plant meet the stated conditions, one or more of them may sue in superior court for a declaration of their water-use rights.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Joint Use of Wells, PumpingPlants and Conduits [7000 - 7010] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Proceeding for Declaration of Rights in Jointly Used Wells, Pumping Plants or Conduits [7005 - 7010] ( Heading of Article 4 renumbered from Article 3 by Stats. 2023, Ch. 889, Sec. 3. ) ## 7005. When two or more persons are using any conduit, well, or pumping plant for the conveyance of water or any part thereof for the irrigation of land or for any other lawful purpose, to the construction of which they or their grantors have contributed, and which is not under the control or management of any public agency or authority, any one or more of them may bring an action in the superior court of the county in which the conduit, well, or pumping plant, or some part thereof, is situated, for a declaration of the respective rights of the users of water in the conduit, well, or pumping plant, including a determination of the manner in which the conduit, well, or pumping plant shall be administered with respect to repair, upkeep, improvement, and otherwise. (Enacted by Stats. 1943, Ch. 368.) - 7006. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Joint Use of Wells, PumpingPlants and Conduits [7000 - 7010] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Proceeding for Declaration of Rights in Jointly Used Wells, Pumping Plants or Conduits [7005 - 7010] ( Heading of Article 4 renumbered from Article 3 by Stats. 2023, Ch. 889, Sec. 3. )
A complaint must list the names of all users if known, and state that any unknown users are unknown.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Joint Use of Wells, PumpingPlants and Conduits [7000 - 7010] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Proceeding for Declaration of Rights in Jointly Used Wells, Pumping Plants or Conduits [7005 - 7010] ( Heading of Article 4 renumbered from Article 3 by Stats. 2023, Ch. 889, Sec. 3. ) ## 7006. The complaint shall contain the names, if known, of all users, and if there are users whose names are unknown, a statement that they are unknown. (Enacted by Stats. 1943, Ch. 368.) - 7007. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Joint Use of Wells, PumpingPlants and Conduits [7000 - 7010] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Proceeding for Declaration of Rights in Jointly Used Wells, Pumping Plants or Conduits [7005 - 7010] ( Heading of Article 4 renumbered from Article 3 by Stats. 2023, Ch. 889, Sec. 3. )
In an action about jointly used wells, pumping plants, or conduits, users other than the ones bringing the action are called defendants.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Joint Use of Wells, PumpingPlants and Conduits [7000 - 7010] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Proceeding for Declaration of Rights in Jointly Used Wells, Pumping Plants or Conduits [7005 - 7010] ( Heading of Article 4 renumbered from Article 3 by Stats. 2023, Ch. 889, Sec. 3. ) ## 7007. The users other than those bringing the action shall be styled defendants. (Enacted by Stats. 1943, Ch. 368.) - 70070. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 3. Internal Organization [70070 - 70093] ( Chapter 3 added by Stats. 1959, Ch. 370. ) ## ARTICLE 1. The Board of Directors [70070 - 70078] ( Article 1 added by Stats. 1959, Ch. 370. )
A district must have a three-member board of directors, and each director must be an elector of the district.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 3. Internal Organization [70070 - 70093] ( Chapter 3 added by Stats. 1959, Ch. 370. ) ## ARTICLE 1. The Board of Directors [70070 - 70078] ( Article 1 added by Stats. 1959, Ch. 370. ) ## 70070. A district shall have a board of three directors, each of whom shall be an elector of the district. The term of office of the directors shall be four years except that the directors first elected, upon the formation of the district, who shall serve only until their successors are elected and qualified. (Added by Stats. 1959, Ch. 370.) - 70071. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 3. Internal Organization [70070 - 70093] ( Chapter 3 added by Stats. 1959, Ch. 370. ) ## ARTICLE 1. The Board of Directors [70070 - 70078] ( Article 1 added by Stats. 1959, Ch. 370. )
The three directors covered by this section must take office at noon on the first Monday after January 1 following their election, and they stay in office until successors are elected and qualified.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 3. Internal Organization [70070 - 70093] ( Chapter 3 added by Stats. 1959, Ch. 370. ) ## ARTICLE 1. The Board of Directors [70070 - 70078] ( Article 1 added by Stats. 1959, Ch. 370. ) ## 70071. The three directors elected at the election held pursuant to the provisions of the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code), or appointed pursuant to Section 10515 of the Elections Code, shall take office at 12 o'clock noon on the first Monday after the January 1st succeeding their election. Directors shall hold office until their successors are elected and qualified. (Amended by Stats. 1994, Ch. 923, Sec. 259. Effective January 1, 1995.) - 70072. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 3. Internal Organization [70070 - 70093] ( Chapter 3 added by Stats. 1959, Ch. 370. ) ## ARTICLE 1. The Board of Directors [70070 - 70078] ( Article 1 added by Stats. 1959, Ch. 370. )
Vacancies in directors’ offices must be filled under Government Code Section 1780.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 3. Internal Organization [70070 - 70093] ( Chapter 3 added by Stats. 1959, Ch. 370. ) ## ARTICLE 1. The Board of Directors [70070 - 70078] ( Article 1 added by Stats. 1959, Ch. 370. ) ## 70072. Any vacancies in the offices of the directors shall be filled pursuant to Section 1780 of the Government Code. (Amended by Stats. 1975, Ch. 1059.) - 70073. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 3. Internal Organization [70070 - 70093] ( Chapter 3 added by Stats. 1959, Ch. 370. ) ## ARTICLE 1. The Board of Directors [70070 - 70078] ( Article 1 added by Stats. 1959, Ch. 370. )
Each director must take an oath of office and file it with the county clerk before starting the office’s duties. The directors must also elect a chairman and clerk from among themselves at their first meeting after taking office.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 3. Internal Organization [70070 - 70093] ( Chapter 3 added by Stats. 1959, Ch. 370. ) ## ARTICLE 1. The Board of Directors [70070 - 70078] ( Article 1 added by Stats. 1959, Ch. 370. ) ## 70073. Each director shall, before entering upon the duties of his office, take an oath of office and file the same with the county clerk. The directors shall, at their first meeting after taking office, elect a chairman and a clerk from their own membership. (Added by Stats. 1959, Ch. 370.) - 70074. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 3. Internal Organization [70070 - 70093] ( Chapter 3 added by Stats. 1959, Ch. 370. ) ## ARTICLE 1. The Board of Directors [70070 - 70078] ( Article 1 added by Stats. 1959, Ch. 370. )
A majority of the board of directors members makes a quorum for board business.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 3. Internal Organization [70070 - 70093] ( Chapter 3 added by Stats. 1959, Ch. 370. ) ## ARTICLE 1. The Board of Directors [70070 - 70078] ( Article 1 added by Stats. 1959, Ch. 370. ) ## 70074. The majority of the members of the board of directors shall constitute a quorum for the transaction of business. (Added by Stats. 1959, Ch. 370.) - 70075. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 3. Internal Organization [70070 - 70093] ( Chapter 3 added by Stats. 1959, Ch. 370. ) ## ARTICLE 1. The Board of Directors [70070 - 70078] ( Article 1 added by Stats. 1959, Ch. 370. )
The directors must keep a minute book of all meeting proceedings and keep an office for district business.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 3. Internal Organization [70070 - 70093] ( Chapter 3 added by Stats. 1959, Ch. 370. ) ## ARTICLE 1. The Board of Directors [70070 - 70078] ( Article 1 added by Stats. 1959, Ch. 370. ) ## 70075. The directors shall keep a minute book in which shall be entered the proceedings of all meetings and shall keep an office for the transaction of the district’s business. (Added by Stats. 1959, Ch. 370.) - 70076. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 3. Internal Organization [70070 - 70093] ( Chapter 3 added by Stats. 1959, Ch. 370. ) ## ARTICLE 1. The Board of Directors [70070 - 70078] ( Article 1 added by Stats. 1959, Ch. 370. )
The directors must hold regular meetings on the second Monday of each month, may hold special meetings under stated conditions, and must hold all meetings at the district office.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 3. Internal Organization [70070 - 70093] ( Chapter 3 added by Stats. 1959, Ch. 370. ) ## ARTICLE 1. The Board of Directors [70070 - 70078] ( Article 1 added by Stats. 1959, Ch. 370. ) ## 70076. The directors shall hold regular meetings on the second Monday of each and every month. Special meetings may be held when all members are present or may be ordered by a majority of the directors by an order in writing, signed by the directors calling such meeting. A one day’s notice of a special meeting must be given to the member of the board not joining in the order. All meetings must be held at the office of the district. (Added by Stats. 1959, Ch. 370.) - 70078. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 3. Internal Organization [70070 - 70093] ( Chapter 3 added by Stats. 1959, Ch. 370. ) ## ARTICLE 1. The Board of Directors [70070 - 70078] ( Article 1 added by Stats. 1959, Ch. 370. )
The board controls compensation and salaries in the district, and board members may be reimbursed for necessary expenses incurred in performing their duties.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 3. Internal Organization [70070 - 70093] ( Chapter 3 added by Stats. 1959, Ch. 370. ) ## ARTICLE 1. The Board of Directors [70070 - 70078] ( Article 1 added by Stats. 1959, Ch. 370. ) ## 70078. Each member of the board shall receive compensation for services actually and necessarily performed, as the board determines to be just and reasonable, and shall be reimbursed for expenses necessarily incurred in the performance of his or her duties as director. The salaries of all officers and employees of the district shall be fixed and determined by the directors. The board of directors shall fix the compensation that the election officers shall receive for district elections. For purposes of this section, the determination of whether a director’s activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. (Amended by Stats. 2005, Ch. 700, Sec. 38. Effective January 1, 2006.) - 7008. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Joint Use of Wells, PumpingPlants and Conduits [7000 - 7010] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Proceeding for Declaration of Rights in Jointly Used Wells, Pumping Plants or Conduits [7005 - 7010] ( Heading of Article 4 renumbered from Article 3 by Stats. 2023, Ch. 889, Sec. 3. )
A summons in this proceeding must name the parties and order the defendants to appear and show cause why the requested determination of rights should not be granted.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Joint Use of Wells, PumpingPlants and Conduits [7000 - 7010] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Proceeding for Declaration of Rights in Jointly Used Wells, Pumping Plants or Conduits [7005 - 7010] ( Heading of Article 4 renumbered from Article 3 by Stats. 2023, Ch. 889, Sec. 3. ) ## 7008. The summons shall contain the names of the parties, and an order to the defendants to appear and show cause why the determination of rights as prayed for in the complaint should not be granted. In all other particulars the summons shall be in the form of, and served in the same manner as, a summons in a civil action. (Enacted by Stats. 1943, Ch. 368.) - 7009. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Joint Use of Wells, PumpingPlants and Conduits [7000 - 7010] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Proceeding for Declaration of Rights in Jointly Used Wells, Pumping Plants or Conduits [7005 - 7010] ( Heading of Article 4 renumbered from Article 3 by Stats. 2023, Ch. 889, Sec. 3. )
The court must तय? determine how improvements, repairs, maintenance, and related matters for a shared conduit, well, or pumping plant are authorized, and users cannot claim reimbursement unless the court’s action allows it.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Joint Use of Wells, PumpingPlants and Conduits [7000 - 7010] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Proceeding for Declaration of Rights in Jointly Used Wells, Pumping Plants or Conduits [7005 - 7010] ( Heading of Article 4 renumbered from Article 3 by Stats. 2023, Ch. 889, Sec. 3. ) ## 7009. The court shall determine the manner in which all improvements, repairs, maintenance and other matters relating to the conduit, well, or pumping plant shall be authorized, and thereafter no user of such conduit, well, or pumping plant may make claim for any funds expended for improvements, repairs, maintenance and otherwise except as determined by the court in said action. No authorization for such claim shall be valid except as made under the authority set forth by the decree or judgment of the court. (Enacted by Stats. 1943, Ch. 368.) - 70090. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 3. Internal Organization [70070 - 70093] ( Chapter 3 added by Stats. 1959, Ch. 370. ) ## ARTICLE 2. Other Officers and Employees [70090 - 70093] ( Article 2 added by Stats. 1959, Ch. 370. )
The county treasurer, tax collector, auditor, and assessor serve as the corresponding officers for the district.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 3. Internal Organization [70070 - 70093] ( Chapter 3 added by Stats. 1959, Ch. 370. ) ## ARTICLE 2. Other Officers and Employees [70090 - 70093] ( Article 2 added by Stats. 1959, Ch. 370. ) ## 70090. The treasurer of the county in which a district is located shall be the treasurer of the district. The tax collector of the county in which a district is located shall be the tax collector of the district. The auditor of the county in which a district is located shall be the auditor of the district. The assessor of the county in which a district is located shall be the assessor of the district. (Added by Stats. 1959, Ch. 370.) - 70091. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 3. Internal Organization [70070 - 70093] ( Chapter 3 added by Stats. 1959, Ch. 370. ) ## ARTICLE 2. Other Officers and Employees [70090 - 70093] ( Article 2 added by Stats. 1959, Ch. 370. )
The treasurer, tax collector, auditor, and assessor must each post a bond to the district, with the amount set by the board of directors, and the district must pay the bond premiums.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 3. Internal Organization [70070 - 70093] ( Chapter 3 added by Stats. 1959, Ch. 370. ) ## ARTICLE 2. Other Officers and Employees [70090 - 70093] ( Article 2 added by Stats. 1959, Ch. 370. ) ## 70091. The treasurer, tax collector, auditor, and assessor shall each enter into a bond to the district in an amount to be determined by the board of directors for the faithful performance of their official duties and they shall be filed with the board of directors. The premiums for the surety bonds required from the treasurer, tax collector, auditor and assessor shall be paid by the district. (Added by Stats. 1959, Ch. 370.) - 70092. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 3. Internal Organization [70070 - 70093] ( Chapter 3 added by Stats. 1959, Ch. 370. ) ## ARTICLE 2. Other Officers and Employees [70090 - 70093] ( Article 2 added by Stats. 1959, Ch. 370. )
The directors may appoint a district engineer, and levee construction or repair must be directed and approved as stated.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 3. Internal Organization [70070 - 70093] ( Chapter 3 added by Stats. 1959, Ch. 370. ) ## ARTICLE 2. Other Officers and Employees [70090 - 70093] ( Article 2 added by Stats. 1959, Ch. 370. ) ## 70092. The directors may appoint a district engineer. The construction or repair of any levees or associated works shall be under the direction, and to the satisfaction, of the engineer of the district and shall be subject to the approval of the board. (Added by Stats. 1959, Ch. 370.) - 70093. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 3. Internal Organization [70070 - 70093] ( Chapter 3 added by Stats. 1959, Ch. 370. ) ## ARTICLE 2. Other Officers and Employees [70090 - 70093] ( Article 2 added by Stats. 1959, Ch. 370. )
The directors may hire one or more attorneys to advise them or other district officers, and to prosecute or defend cases involving the district or its officers on district matters.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 3. Internal Organization [70070 - 70093] ( Chapter 3 added by Stats. 1959, Ch. 370. ) ## ARTICLE 2. Other Officers and Employees [70090 - 70093] ( Article 2 added by Stats. 1959, Ch. 370. ) ## 70093. The directors shall have the power to employ an attorney or attorneys for the purpose of advising them or advising other officers of the district and to prosecute or defend actions brought by or against the district, or any of its officers relative to district matters. (Added by Stats. 1959, Ch. 370.) - 7010. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Joint Use of Wells, PumpingPlants and Conduits [7000 - 7010] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Proceeding for Declaration of Rights in Jointly Used Wells, Pumping Plants or Conduits [7005 - 7010] ( Heading of Article 4 renumbered from Article 3 by Stats. 2023, Ch. 889, Sec. 3. )
The decree must set each user’s proportionate share of costs for the conduit, well, or pumping plant.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Joint Use of Wells, PumpingPlants and Conduits [7000 - 7010] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Proceeding for Declaration of Rights in Jointly Used Wells, Pumping Plants or Conduits [7005 - 7010] ( Heading of Article 4 renumbered from Article 3 by Stats. 2023, Ch. 889, Sec. 3. ) ## 7010. The decree shall include a determination of the proportionate amount which all users shall contribute to the maintenance, repair, improvement and other expenses relating to the conduit, well, or pumping plant. (Enacted by Stats. 1943, Ch. 368.) - 70120. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 4. Elections [70120 - 70121] ( Chapter 4 repealed and added by Stats. 1981, Ch. 506, Sec. 3. )
Levee districts governed by this part are subject to the Uniform District Election Law unless this part says otherwise.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 4. Elections [70120 - 70121] ( Chapter 4 repealed and added by Stats. 1981, Ch. 506, Sec. 3. ) ## 70120. Except as otherwise provided in this part, districts governed under this part are subject to the provisions of the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code). (Amended by Stats. 1994, Ch. 923, Sec. 260. Effective January 1, 1995.) - 70121. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 4. Elections [70120 - 70121] ( Chapter 4 repealed and added by Stats. 1981, Ch. 506, Sec. 3. )
A person may vote in a district election only if the person is a qualified elector of the district.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 4. Elections [70120 - 70121] ( Chapter 4 repealed and added by Stats. 1981, Ch. 506, Sec. 3. ) ## 70121. In order to vote at any district election, including the formation election, a person must be a qualified elector of the district. A “qualified elector of the district” is one who meets all of the following qualifications: (a) He shall be a registered voter. (b) He shall reside in the district. (c) His name shall appear on the last equalized assessment roll of the county. (d) He shall own property assessed within the boundaries of the district. (Repealed and added by Stats. 1981, Ch. 506, Sec. 3.) - 70150. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 5. Powers and Purposes [70150 - 70151] ( Chapter 5 added by Stats. 1959, Ch. 370. ) ## ARTICLE 1. Powers Generally [70150 - 70151] ( Article 1 added by Stats. 1959, Ch. 370. )
The district may acquire, build, maintain, and repair water-control and protection works.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 5. Powers and Purposes [70150 - 70151] ( Chapter 5 added by Stats. 1959, Ch. 370. ) ## ARTICLE 1. Powers Generally [70150 - 70151] ( Article 1 added by Stats. 1959, Ch. 370. ) ## 70150. The district may acquire by purchase, condemnation, gift or other action, drains, canals, sluices, bulkheads, watergates, levees, embankments, pumping plants and pipelines and to purchase, construct or otherwise acquire, maintain and keep in repair all things reasonable or convenient for the protection of the lands of the district from overflow and for the purpose of conserving or adding water to the sloughs and drains in the district. (Added by Stats. 1959, Ch. 370.) - 70151. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 5. Powers and Purposes [70150 - 70151] ( Chapter 5 added by Stats. 1959, Ch. 370. ) ## ARTICLE 1. Powers Generally [70150 - 70151] ( Article 1 added by Stats. 1959, Ch. 370. )
The district may cooperate and contract with the United States, the State of California, or their departments or agencies to carry out district purposes.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 5. Powers and Purposes [70150 - 70151] ( Chapter 5 added by Stats. 1959, Ch. 370. ) ## ARTICLE 1. Powers Generally [70150 - 70151] ( Article 1 added by Stats. 1959, Ch. 370. ) ## 70151. The district may co-operate and contract with the United States, the State of California, or any department or agency of either, in order to accomplish any of the purposes of the district. (Added by Stats. 1959, Ch. 370.) - 70200. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 6. Financial Provisions [70200 - 70204] ( Chapter 6 added by Stats. 1959, Ch. 370. )
Claims against the district must follow the specified Government Code procedures, and some claims must be prepared, presented, audited, and paid under the county-claim process. On request by the directors, the auditor must draw a warrant on the treasurer to pay claims.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 6. Financial Provisions [70200 - 70204] ( Chapter 6 added by Stats. 1959, Ch. 370. ) ## 70200. All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. Claims not governed thereby or by other statutes or by ordinances or regulations authorized by law and expressly applicable to such claims shall be prepared and presented to the governing body, and all claims shall be audited and paid, in the same manner and with the same effect as similar claims against the county. Upon request from the directors, the auditor shall draw his warrant on the treasurer for the payment of claims. (Amended by Stats. 1963, Ch. 1715.) - 70201. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 6. Financial Provisions [70200 - 70204] ( Chapter 6 added by Stats. 1959, Ch. 370. )
The auditor must keep proper books of account showing all receipts and expenditures, including their source and nature.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 6. Financial Provisions [70200 - 70204] ( Chapter 6 added by Stats. 1959, Ch. 370. ) ## 70201. The auditor shall keep all necessary and proper books of account which shall contain all receipts and expenditures with their source and nature. The books and accounts of the district shall be audited once each year. (Added by Stats. 1959, Ch. 370.) - 70202. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 6. Financial Provisions [70200 - 70204] ( Chapter 6 added by Stats. 1959, Ch. 370. )
Money received for the district must be paid to the treasurer, and the treasurer must credit the district when money is received.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 6. Financial Provisions [70200 - 70204] ( Chapter 6 added by Stats. 1959, Ch. 370. ) ## 70202. All moneys received or collected for or on behalf of the district shall be paid to the treasurer in the same manner as county money is paid to the treasurer. Upon receipt of any money from the tax collector or from any other source the treasurer shall place the same to the credit of the district. (Added by Stats. 1959, Ch. 370.) - 70203. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 6. Financial Provisions [70200 - 70204] ( Chapter 6 added by Stats. 1959, Ch. 370. )
The treasurer may pay district funds only on warrants drawn by the auditor; unpaid warrants must be registered and earn 6% interest per year.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 6. Financial Provisions [70200 - 70204] ( Chapter 6 added by Stats. 1959, Ch. 370. ) ## 70203. The treasurer shall pay out funds only on warrants drawn by the auditor upon district funds in the same manner as county money is paid out. Warrants presented and not paid for lack of funds shall be registered and bear interest at the rate of 6 percent per annum from date of registration to date of payment or call. (Added by Stats. 1959, Ch. 370.) - 70204. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 6. Financial Provisions [70200 - 70204] ( Chapter 6 added by Stats. 1959, Ch. 370. )
Claims for salaries and services must be sworn and approved by the board of directors before a warrant is issued.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 6. Financial Provisions [70200 - 70204] ( Chapter 6 added by Stats. 1959, Ch. 370. ) ## 70204. Claims for salaries and services shall be sworn and approved by the board of directors before a warrant is drawn for the same. (Added by Stats. 1959, Ch. 370.) - 70230. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 7. Taxes [70230 - 70244] ( Chapter 7 added by Stats. 1959, Ch. 370. )
The board of directors must use the county’s equalized assessment roll and base district taxation on those assessments.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 7. Taxes [70230 - 70244] ( Chapter 7 added by Stats. 1959, Ch. 370. ) ## 70230. The board of directors shall avail itself of the equalized assessment roll of the county in which the district is situated, and take such assessments as the basis for district taxation. (Repealed and added by Stats. 1971, Ch. 62.) - 70231. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 7. Taxes [70230 - 70244] ( Chapter 7 added by Stats. 1959, Ch. 370. )
Each year, the county auditor must send the board of directors a written statement of the total value of taxable land and improvements in the district by the third Monday in August.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 7. Taxes [70230 - 70244] ( Chapter 7 added by Stats. 1959, Ch. 370. ) ## 70231. On or before the third Monday in August each year, the county auditor shall transmit to the board of directors a written statement showing the total value of all taxable land and improvements within the district, which value shall be ascertained from the equalized assessment roll of the county. (Repealed and added by Stats. 1971, Ch. 62.) - 70234. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 7. Taxes [70230 - 70244] ( Chapter 7 added by Stats. 1959, Ch. 370. )
The board of directors must meet each year on the specified September date to set the district tax rate.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 7. Taxes [70230 - 70244] ( Chapter 7 added by Stats. 1959, Ch. 370. ) ## 70234. The board of directors shall meet on the first Tuesday after the first Monday of September of each year to determine the rate of tax to be levied for district purposes for the next ensuing year. The amount of money to be raised shall be estimated by including the following: (a) The amount necessary to pay the interest and the part of the principal of the funded debt that will become due in the current year. (b) The amount needed for salaries, wages, repairs, maintenance and operation. (c) The amount needed for salvage, fees and delinquencies. (d) The amount of floating debt that it may be desirable to pay during the current year. (Added by Stats. 1959, Ch. 370.) - 70235. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 7. Taxes [70230 - 70244] ( Chapter 7 added by Stats. 1959, Ch. 370. )
After fixing the tax rate, the board must certify it to the county auditor.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 7. Taxes [70230 - 70244] ( Chapter 7 added by Stats. 1959, Ch. 370. ) ## 70235. The board shall, after fixing the tax rate, certify the same to the county auditor. (Amended by Stats. 1971, Ch. 62.) - 70237. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 7. Taxes [70230 - 70244] ( Chapter 7 added by Stats. 1959, Ch. 370. )
The county auditor must compute the district tax for property in the district using the board-set levy rate and the assessed value from the assessment roll.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 7. Taxes [70230 - 70244] ( Chapter 7 added by Stats. 1959, Ch. 370. ) ## 70237. The county auditor shall compute the district tax on the property within the district using the rate of levy so fixed by the board and the assessed value as found in such assessment roll. (Repealed and added by Stats. 1971, Ch. 62.) - 70238. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 7. Taxes [70230 - 70244] ( Chapter 7 added by Stats. 1959, Ch. 370. )
District taxes must be collected at the same time and in the same manner as county taxes.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 7. Taxes [70230 - 70244] ( Chapter 7 added by Stats. 1959, Ch. 370. ) ## 70238. The district taxes shall be collected at the same time and in the same manner as county taxes. (Amended by Stats. 1971, Ch. 62.) - 70239. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 7. Taxes [70230 - 70244] ( Chapter 7 added by Stats. 1959, Ch. 370. )
Taxes levied under this part become a lien on the property they are levied on.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 7. Taxes [70230 - 70244] ( Chapter 7 added by Stats. 1959, Ch. 370. ) ## 70239. All taxes levied under the provisions of this part shall be a lien on the property on which they are levied. All of the provisions of law, relative to the collection of state and county taxes, including the time for their payment, the giving of notice as to such time of payment, when they become delinquent, the penalties, costs and interest that shall accrue for their nonpayment and the period and manner of redemption are made applicable to the collection, payment, delinquency and redemption of district taxes except when inconsistent with this part. (Amended by Stats. 1971, Ch. 62.) - 70240. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 7. Taxes [70230 - 70244] ( Chapter 7 added by Stats. 1959, Ch. 370. )
The tax collector must sell delinquent property to the district for unpaid taxes, and must deed it to the district if it is not redeemed in time.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 7. Taxes [70230 - 70244] ( Chapter 7 added by Stats. 1959, Ch. 370. ) ## 70240. The tax collector shall sell to the district, for the nonpayment of taxes, the property assessed at the same time and in the same manner as property assessed for state and county taxes is sold. If the delinquent property is not redeemed within the period provided for the redemption of property sold to the State, then the tax collector shall deed the property to the district in the same manner as property is deeded to the State for nonpayment of taxes. (Added by Stats. 1959, Ch. 370.) - 70241. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 7. Taxes [70230 - 70244] ( Chapter 7 added by Stats. 1959, Ch. 370. )
District officials’ acts in collecting district taxes must be treated with the same credibility and legal presumptions as state and county tax officials’ acts.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 7. Taxes [70230 - 70244] ( Chapter 7 added by Stats. 1959, Ch. 370. ) ## 70241. All acts of the officials of the district in the levy and collection of district taxes shall be given the same credence and shall have the same presumptions as to the regularity of such actions as are given by law to the acts of officials charged with the levy and collection of state and county taxes. (Added by Stats. 1959, Ch. 370.) - 70242. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 7. Taxes [70230 - 70244] ( Chapter 7 added by Stats. 1959, Ch. 370. )
Deeds executed by district officers are conclusive about the recitals they contain and that required legal acts and steps were properly done.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 7. Taxes [70230 - 70244] ( Chapter 7 added by Stats. 1959, Ch. 370. ) ## 70242. All deeds executed by the officers of the district shall be conclusive as to all recitals contained therein and that all acts required by law have been regularly done, and all steps required by law have been regularly taken. (Added by Stats. 1959, Ch. 370.) - 70243. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 7. Taxes [70230 - 70244] ( Chapter 7 added by Stats. 1959, Ch. 370. )
When requested, the tax collector must give the board a full list of delinquent taxes, who owes them, and a certified copy of the related assessment roll entry.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 7. Taxes [70230 - 70244] ( Chapter 7 added by Stats. 1959, Ch. 370. ) ## 70243. The tax collector shall, when requested, furnish the board a complete list of all delinquent taxes, of the persons owing the same and a certified copy of the assessment contained in the assessment roll. (Added by Stats. 1959, Ch. 370.) - 70244. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 7. Taxes [70230 - 70244] ( Chapter 7 added by Stats. 1959, Ch. 370. )
If property is sold for taxes or assessments, the proceeds must be accounted for and distributed under the cited Government Code rules, unless the sale and accounting are handled under the cited Revenue and Taxation Code division.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 7. Taxes [70230 - 70244] ( Chapter 7 added by Stats. 1959, Ch. 370. ) ## 70244. In the case of a sale of property for taxes or assessments, except where the sale is conducted and the funds are accounted for as provided in Division 1 (commencing with Section 101) of the Revenue and Taxation Code, all proceeds shall be accounted for and distributed as provided in Article 12 (commencing with Section 53925) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 1977, Ch. 648.) - 70270. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 8. Reorganization [70270 - 70272] ( Chapter 8 added by Stats. 1959, Ch. 370. )
A qualifying district may reorganize under this part by unanimously adopting a resolution and filing and recording certified copies with the county clerk and county recorder.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 8. Reorganization [70270 - 70272] ( Chapter 8 added by Stats. 1959, Ch. 370. ) ## 70270. Whenever any district formed under the Protection District Act of 1880 or any other act for the protection of lands from overflow desires to reorganize under this part the district may bring itself within the provisions of this part by unanimously adopting a resolution stating that they have elected to reorganize under this part. Upon the filing of a certified copy of such resolution with the county clerk and the recording of a certified copy of such resolution with the county recorder of the county wherein said district is located the district shall thereafter be organized and shall operate under and pursuant to the provisions of this part. (Amended by Stats. 1973, Ch. 665.) - 70271. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 8. Reorganization [70270 - 70272] ( Chapter 8 added by Stats. 1959, Ch. 370. )
The original district directors are treated as the successors and legal representatives of the reorganized district.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 8. Reorganization [70270 - 70272] ( Chapter 8 added by Stats. 1959, Ch. 370. ) ## 70271. The original district directors shall be deemed the successors and legal representatives of the district so reorganized. (Added by Stats. 1959, Ch. 370.) - 70272. Verify source ↗
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 8. Reorganization [70270 - 70272] ( Chapter 8 added by Stats. 1959, Ch. 370. )
The reorganization must not impair any obligation previously incurred by the reorganized levee district.
## Water Code - WAT ## DIVISION 19. LEVEE DISTRICTS [70000 - 70272] ( Division 19 added by Stats. 1959, Ch. 370. ) ## PART 1. LEVEE DISTRICT LAW OF 1959 [70000 - 70272] ( Part 1 added by Stats. 1959, Ch. 370. ) ## CHAPTER 8. Reorganization [70270 - 70272] ( Chapter 8 added by Stats. 1959, Ch. 370. ) ## 70272. This reorganization shall in no manner impair any obligation heretofore legally incurred by the reorganized levee district. (Added by Stats. 1959, Ch. 370.) - 7030. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Bridges and Conduits on or Near Highways [7030 - 7036] ( Chapter 3 repealed and added by Stats. 1961, Ch. 1786. )
For this chapter, “conduit” includes canals, ditches, culverts, pipelines, flumes, and similar water-conducting appliances.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Bridges and Conduits on or Near Highways [7030 - 7036] ( Chapter 3 repealed and added by Stats. 1961, Ch. 1786. ) ## 7030. As used in this chapter, “conduit” includes canal, ditch, culvert, pipeline, flume, or other appliance for conducting water. (Repealed and added by Stats. 1961, Ch. 1786.) - 7031. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Bridges and Conduits on or Near Highways [7030 - 7036] ( Chapter 3 repealed and added by Stats. 1961, Ch. 1786. )
This section defines “highway” for this chapter to include state and county highways, except in Section 7034.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Bridges and Conduits on or Near Highways [7030 - 7036] ( Chapter 3 repealed and added by Stats. 1961, Ch. 1786. ) ## 7031. As used in this chapter, except in Section 7034, “highway” includes both state and county highways as defined by or identified in the Streets and Highways Code. (Repealed and added by Stats. 1961, Ch. 1786.) - 7031.5. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Bridges and Conduits on or Near Highways [7030 - 7036] ( Chapter 3 repealed and added by Stats. 1961, Ch. 1786. )
This section defines “bridge” for this chapter as a structure built to let water pass underneath through a canal, ditch, flume, or other uncovered water-conducting device.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Bridges and Conduits on or Near Highways [7030 - 7036] ( Chapter 3 repealed and added by Stats. 1961, Ch. 1786. ) ## 7031.5. As used in this chapter, “bridge” means a structure constructed to allow the conducting of water underneath by canal, ditch, flume or other uncovered appliance for conducting water. (Added by Stats. 1967, Ch. 998.) - 7032. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Bridges and Conduits on or Near Highways [7030 - 7036] ( Chapter 3 repealed and added by Stats. 1961, Ch. 1786. )
A conduit must not be laid, constructed, or maintained in a way that obstructs any highway.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Bridges and Conduits on or Near Highways [7030 - 7036] ( Chapter 3 repealed and added by Stats. 1961, Ch. 1786. ) ## 7032. No conduit shall be laid, constructed, or maintained so as to obstruct any highway. (Repealed and added by Stats. 1961, Ch. 1786.) - 7033. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Bridges and Conduits on or Near Highways [7030 - 7036] ( Chapter 3 repealed and added by Stats. 1961, Ch. 1786. )
A person, public district, or agency that builds or improves a conduit crossing or running along an existing highway must do the work to county or State standards and pay the cost.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Bridges and Conduits on or Near Highways [7030 - 7036] ( Chapter 3 repealed and added by Stats. 1961, Ch. 1786. ) ## 7033. Every person or public district or agency who or which initially constructs, or improves for his or its own benefit, any conduit crossing or running along any pre-existing highway, shall construct or improve such conduit in accordance with standards established by the county or State as the case may be, and at the expense of the person so constructing or improving such conduit. (Repealed and added by Stats. 1961, Ch. 1786.) - 7034. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Bridges and Conduits on or Near Highways [7030 - 7036] ( Chapter 3 repealed and added by Stats. 1961, Ch. 1786. )
After acceptance, qualifying bridges and conduits crossing county highways become the county’s responsibility for maintenance, repair, improvement, reconstruction, or replacement; if the county highway becomes a state highway, the State takes over those obligations.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Bridges and Conduits on or Near Highways [7030 - 7036] ( Chapter 3 repealed and added by Stats. 1961, Ch. 1786. ) ## 7034. Bridges or conduits heretofore or hereafter constructed in a permanent manner, whether by encroachment permit or otherwise, which cross county highways and which have been constructed or brought up to county standards, and have been accepted, either formally or informally by appropriate action, shall, after such acceptance, and regardless of who constructed them, be the sole responsibility of the county, so far as maintenance, repair, improvement for the benefit of the county, reconstruction or replacement of such bridges and conduits are concerned. If any such county highways become state highways, the State shall succeed to the foregoing obligations of the county. The amendment of this section made at the 1963 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the pre-existing law. (Amended by Stats. 1963, Ch. 524.) - 7035. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Bridges and Conduits on or Near Highways [7030 - 7036] ( Chapter 3 repealed and added by Stats. 1961, Ch. 1786. )
If a water conduit crosses a highway and there are no written records showing the highway right-of-way came first, the conduit is presumed to predate the highway. The public agency with jurisdiction over the highway must repair, improve, and replace the conduit if needed, while the conduit user must handle usual maintenance at its own expense.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Bridges and Conduits on or Near Highways [7030 - 7036] ( Chapter 3 repealed and added by Stats. 1961, Ch. 1786. ) ## 7035. 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.) - 7036. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Bridges and Conduits on or Near Highways [7030 - 7036] ( Chapter 3 repealed and added by Stats. 1961, Ch. 1786. )
Public districts, private utilities, and counties may make contracts to share costs for locating, removing, repairing, or relocating facilities on each other’s roads or property.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Bridges and Conduits on or Near Highways [7030 - 7036] ( Chapter 3 repealed and added by Stats. 1961, Ch. 1786. ) ## 7036. Any public district or private utility and any county may enter into a contract agreeing to pay and apportion between them the costs of locating, removing, repairing, or relocating any facilities owned or to be owned by either party on the roads or other property of the other in such proportion and upon such terms as the governing boards of the parties shall determine to be equitable. This section shall not supersede the provisions of this chapter. (Added by Stats. 1967, Ch. 998.) - 7040. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4. Maintenance of Flow in Streams [7040 - 7045] ( Chapter 4 enacted by Stats. 1943, Ch. 368. )
The person in charge of the use may maintain the flow of water in a natural stream to a canal intake serving a public use or a farming neighborhood.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4. Maintenance of Flow in Streams [7040 - 7045] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## 7040. The flow of water in any natural stream to the intake of any canal diverting water from the stream for any public use, or the use of any farming neighborhood may be maintained by the person in charge of the use. (Enacted by Stats. 1943, Ch. 368.) - 7041. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4. Maintenance of Flow in Streams [7040 - 7045] ( Chapter 4 enacted by Stats. 1943, Ch. 368. )
Stream flow may be maintained by repairing bank breaks, maintaining stream banks, and using physical structures or other appropriate means to stop increased water flow from leaving the canal intake.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4. Maintenance of Flow in Streams [7040 - 7045] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## 7041. The flow may be maintained by restoring or repairing any break in the bank of the stream, by maintaining the banks of the stream, and by preventing by physical structure and other appropriate means any increased flow of water through any natural by-ways of water which carry or threaten to carry an increased flow of water of the stream away from the canal intake. (Enacted by Stats. 1943, Ch. 368.) - 7042. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4. Maintenance of Flow in Streams [7040 - 7045] ( Chapter 4 enacted by Stats. 1943, Ch. 368. )
Acts authorized by this chapter must not block the building or later maintenance of reclamation, protection, or flood control levees.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4. Maintenance of Flow in Streams [7040 - 7045] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## 7042. No act authorized in this chapter when performed, shall prevent, retard or obstruct the building and maintenance thereafter of any reclamation, protection, or flood control levee. (Enacted by Stats. 1943, Ch. 368.) - 7043. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4. Maintenance of Flow in Streams [7040 - 7045] ( Chapter 4 enacted by Stats. 1943, Ch. 368. )
Chapter-authorized acts may not block use or enlargement of a natural channel for municipal, drainage, irrigation, or flood-control purposes if the channel’s flow at the canal intake is not reduced below the amount owners and appropriators may divert.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4. Maintenance of Flow in Streams [7040 - 7045] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## 7043. No act authorized in this chapter shall prevent the use or enlargement of any natural channel for municipal purposes or for use in connection with any artificial system of drainage, irrigation, or flood control which does not cause the flow of water in the channel at the intake of the canal to be less than the quantity of water the owners and appropriators have the right to divert into the intake. (Enacted by Stats. 1943, Ch. 368.) - 7043.5. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4. Maintenance of Flow in Streams [7040 - 7045] ( Chapter 4 enacted by Stats. 1943, Ch. 368. )
For the New River in Imperial County, the chapter defines “use or enlargement of any natural channel for municipal purposes” to include sewage treatment, pollution prevention, and encasing and piping the river to protect health and the environment.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4. Maintenance of Flow in Streams [7040 - 7045] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## 7043.5. Only as applied to the New River in Imperial County, as used in this chapter, “use or enlargement of any natural channel for municipal purposes” includes, but is not limited to, sewage treatment and pollution prevention and the encasing and piping of the New River to protect human health and the natural environment. (Added by Stats. 2005, Ch. 112, Sec. 1. Effective January 1, 2006.) - 7044. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4. Maintenance of Flow in Streams [7040 - 7045] ( Chapter 4 enacted by Stats. 1943, Ch. 368. )
This section says chapter-authorized acts cannot stop a natural channel from being used or enlarged to carry water appropriated under California law, if that channel is designated as part of the conveyance route.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4. Maintenance of Flow in Streams [7040 - 7045] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## 7044. No act authorized in this chapter shall prevent the use or enlargement of any natural channel to convey water appropriated under the laws of this State, where the channel is designated as the means, or part of the means of conveying the water so appropriated. (Enacted by Stats. 1943, Ch. 368.) - 7045. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4. Maintenance of Flow in Streams [7040 - 7045] ( Chapter 4 enacted by Stats. 1943, Ch. 368. )
Acts authorized by this chapter cannot limit the Department of Water Resources’ powers or interfere with flood control works built under a plan adopted by the Reclamation Board.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4. Maintenance of Flow in Streams [7040 - 7045] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## 7045. No acts authorized by this chapter shall limit the powers of the Department of Water Resources to accomplish in its own way the purposes of this chapter nor interfere with the construction of any flood control works in accordance with any plan of flood control adopted by the Reclamation Board. (Amended by Stats. 1957, Ch. 1932.) - 7047. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4.5. Stream Courses [7047 - 7049] ( Chapter 4.5 added by Stats. 1951, Ch. 722. )
A person may not change the course of a nonnavigable stream in a surface mining dredging operation unless the county board of supervisors approves first.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4.5. Stream Courses [7047 - 7049] ( Chapter 4.5 added by Stats. 1951, Ch. 722. ) ## 7047. No person may alter, divert or deflect the course of any nonnavigable stream in any surface mining dredging operation without first obtaining the approval of the board of supervisors of the county in which dredging is being done. Nothing in this section shall be construed as conflicting with the powers of the State Reclamation Board or the California Debris Commission or contractors or permittees carrying out flood control projects under authority of either board or commission. (Amended by Stats. 1955, Ch. 481.) - 7048. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4.5. Stream Courses [7047 - 7049] ( Chapter 4.5 added by Stats. 1951, Ch. 722. )
This section lets the director establish the Urban Streams Restoration Program and gives the department powers and duties to run it, award grants, set rules, coordinate with Fish and Wildlife, and report public funding information.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4.5. Stream Courses [7047 - 7049] ( Chapter 4.5 added by Stats. 1951, Ch. 722. ) ## 7048. (a) The Legislature hereby finds and declares that the protection, restoration, and enhancement of urban creek channels provide potential benefits to the state by combining an effective and efficient means of flood damage reduction with the preservation and enhancement of natural environmental values. The Legislature further finds that urban creek protection, restoration, and enhancement are best undertaken by local agencies and organizations with assistance from the state. It is the intent of the Legislature, in enacting this section, to restore the ecological viability of creek environments located in predominantly urban areas, thereby enhancing aesthetic, recreational, and fish and wildlife values. (b) (1) The director may establish a program of flood damage reduction and urban creek restoration known as the Urban Streams Restoration Program. The program shall consist of both of the following components: (A) The development of the capability by the department to respond to requests from local agencies and organizations for planning and design assistance for efficient and effective urban creek protection, restoration, and enhancement. (B) To the extent that funds are provided, a process for awarding competitive grants. (2) For purposes of this section, urban creek protection, restoration, and enhancement include, but are not limited to, the maintenance of channel capacity, channel stabilization, vegetation management, the reduction of water quality impairments and nonpoint source water pollution, the establishment of parkways for public use that benefit flood control and water quality, and adaptive management to meet program objectives. Where appropriate, the protection, restoration, and enhancement shall utilize efficient, nonstructural low-maintenance flood protection techniques. The department shall utilize in this program its expertise in a variety of disciplines, including, but not limited to, soil bioengineering, hydrology, and plant ecology. (3) (A) The department shall maintain a balance in allocating the money annually available for grants to small urban creek restoration projects and large urban stream restoration projects, allocating not less than 35 percent to both small and large projects. For purposes of this section, “small urban creek restoration projects” are projects for which total costs, including acquisition and restoration costs, are below one million dollars ($1,000,000) and “large urban stream restoration projects” are projects for which total costs, including acquisition and restoration costs, are one million dollars ($1,000,000) or more. (B) Notwithstanding subparagraph (A), if an insufficient number of qualified projects are available to fully meet the allocation requirement, the department may grant funds to any project that is otherwise qualified, in order to ensure that all available funds are used efficiently. (c) In responding to requests for assistance, the department shall give priority to those projects that are being planned in conjunction with, or in lieu of, local flood control projects. The department may award grants and contracts to local agencies and organizations as provided for in the budget of the department. Participating local agencies and organizations shall follow procedures, plans, and practices that are acceptable to the department, and shall conform to guidelines established by the department that define the level of contribution and participation required by local agencies and organizations. The department shall coordinate the program with the Department of Fish and Wildlife during the formulation of guidelines and project planning for urban creek protection, restoration, and enhancement. The department shall also consult with the Department of Fish and Wildlife on project criteria which may include economic, environmental, and social benefits to be achieved. (d) It is the intent of the Legislature that the duties and responsibilities of the department be identified as the Urban Streams Restoration Program and be carried out by an office or staff designated for this purpose. Information on how to obtain planning, design, and financial assistance should be readily accessible to the public. (e) As used in this section, “urban creek” means a creek, stream, or river that crosses built-up residential, commercial, or industrial property, or that crosses land where, in the near future, the land use will be residential, commercial, or industrial. (f) For the purposes of this section, eligible activities include, but are not limited to, the maintenance of channel capacity and stabilization of the morphological equilibrium of a natural channel for purposes of flood damage reduction, erosion control, and bank stabilization which may include nonstructural as well as structural projects. (g) The department may adopt regulations that define “adaptive management” for the purposes of the Urban Streams Restoration Program, and establish criteria to fund projects that include adaptive management activities. (h) The department may amend or utilize existing regulations for approving competitive grants. The regulations may include, but are not limited to, an application process, grant approval criteria, and grantee’s reporting requirements. The department shall annually make available to the public, in a form that is readily accessible, information regarding the status of funds appropriated for these purposes and projects that received grants. (i) In order to address the unique ecological, flood control, water quality, and hydrological conditions associated with urban creeks and watersheds on the California-Mexico border, the department shall consult with the California-Mexico Border Relations Council to establish criteria to fund projects that improve conditions for cross-border urban creeks. (Amended by Stats. 2015, Ch. 668, Sec. 9. (AB 965) Effective January 1, 2016.) - 7049. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4.5. Stream Courses [7047 - 7049] ( Chapter 4.5 added by Stats. 1951, Ch. 722. )
The department must create a watershed stewardship program if the Legislature appropriates funds, and it may provide technical assistance and support local partnerships.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4.5. Stream Courses [7047 - 7049] ( Chapter 4.5 added by Stats. 1951, Ch. 722. ) ## 7049. (a) Upon an appropriation of funds from the Legislature, the department shall establish a program to implement watershed-based riverine and riparian stewardship improvements by providing technical and financial assistance in support of projects that reduce flood risk, restore and enhance fish populations and habitat, improve water quality, achieve climate change benefits, and in general ensure resilient ecological function within areas that include, but are not limited to, urban or urbanizing areas of the state. (b) The program shall support the purposes of and be coordinated with the Urban Streams Restoration Program established pursuant to Section 7048, fish passage improvements, and other similar programs to accomplish increased ecological, stream management, climate, and community improvement benefits from state and other funds available for riverine stewardship projects. The department may participate in and support local partnerships, including, but not limited to, in disadvantaged communities, to ensure projects incorporate the best-available science, assessment data, and ecologically relevant practices, and address state and local community needs and priorities. (c) The program shall include all of the following elements: (1) Support for partnerships with local agencies, nonprofit organizations, resource conservation districts, and community groups to identify multibenefit opportunities, local needs, and watershed restoration or enhancement objectives. Partnerships shall include local community nonprofit organizations and other state agencies as appropriate and to the degree those agencies and organizations are able to participate. (2) Early engagement by the department. Engagement in conceptualizing and defining the project shall be prioritized over the design, construction, and operation of a completed project. (3) Assistance in planning the natural resource restoration, landscaping, and infrastructure elements of a project consistent with appropriate local and regional land use and resource recovery plans. (4) Design assistance to ensure a project will protect or enhance natural river and stream process and function using the best bioengineering and ecological practices while considering low-impact development, energy and water conservation, and community access and use for local recreation, trails, and other purposes. (5) Evaluation and assessment processes to monitor success in meeting riverine stewardship goals and community needs. (6) Assistance, as appropriate, with project administration, including, but not limited to, communication among partnership groups, enhancing the capacity of communities to effectively participate, and looking for and managing various funds obtained for the project. (7) Plans or schedules delineating the work to be completed by the department and each partner. (d) The department may provide technical assistance for the purposes of this section either directly or otherwise, including, but not limited to, by collaborating with other state agencies, appropriate California State University or University of California programs, or other similar programs, providing educational development and field experience for students in watershed sciences. (e) Grant funds available for the purposes of Section 7048 or this section may be available for use by the recipient for design, engineering, and other technical assistance for the purposes of the program. (Amended by Stats. 2018, Ch. 92, Sec. 216. (SB 1289) Effective January 1, 2019.) - 7050. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 5. Cuts in Banks of Streams [7050 - 7051] ( Chapter 5 enacted by Stats. 1943, Ch. 368. )
A person who owns or occupies land on a stream bank is responsible for damages caused to lower landowners if a cut or embrasure is made in the bank.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 5. Cuts in Banks of Streams [7050 - 7051] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## 7050. Every person owning or occupying lands upon the bank of any stream where the lands lying back of the stream are lower than the bank, is responsible for all damages sustained by the owners or occupants of lower lands by reason of any cut or embrasure made in the bank of the stream by the owner or occupant of the bank. (Enacted by Stats. 1943, Ch. 368.) - 7051. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 5. Cuts in Banks of Streams [7050 - 7051] ( Chapter 5 enacted by Stats. 1943, Ch. 368. )
If cuts in stream banks were made for irrigation and protective headgates and culverts were installed, those facts may be used to reduce damages.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 5. Cuts in Banks of Streams [7050 - 7051] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## 7051. If the cuts were made for the purpose of irrigation, and headgates and culverts were installed which competent persons consider sufficient to restrain the water, and if great diligence was used to prevent damage, these facts may be pleaded and proved in mitigation of damages. (Enacted by Stats. 1943, Ch. 368.) - 7075. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6. Use of Streams as Conduits [7075- 7075.] ( Chapter 6 enacted by Stats. 1943, Ch. 368. )
Appropriated water may be turned into another stream’s channel, mixed with that stream, and later reclaimed, but reclaiming it must not reduce water already appropriated by someone else.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6. Use of Streams as Conduits [7075- 7075.] ( Chapter 6 enacted by Stats. 1943, Ch. 368. ) ## 7075. Water which has been appropriated may be turned into the channel of another stream, mingled with its water, and then reclaimed; but in reclaiming it the water already appropriated by another shall not be diminished. (Enacted by Stats. 1943, Ch. 368.) - 7080. Verify source ↗
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 7. County of Ventura Fire Suppression [7080- 7080.] ( Chapter 7 added by Stats. 2025, Ch. 690, Sec. 1. )
Ventura County water suppliers in high or very high fire hazard zones must have backup power or alternative water sources, notify and plan for outages, and support required inspections and reporting.
## Water Code - WAT ## DIVISION 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS [7000 - 7080] ( Division 4 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 7. County of Ventura Fire Suppression [7080- 7080.] ( Chapter 7 added by Stats. 2025, Ch. 690, Sec. 1. ) ## 7080. (a) (1) Beginning July 1, 2030, a water supplier shall have access to sufficient backup energy sources to operate critical fire suppression infrastructure needed to supply water for at least 24 hours for the purpose of fire suppression in high or very high fire hazard severity zones in the County of Ventura or have access to alternative sources of water supplied by a different water supplier or agency that can serve this same purpose of supplying backup water to critical wells and water pumps for 24 hours. If backup energy sources are not equipped with an automatic or remote transfer switch, backup power shall be turned on as soon as practically possible after deenergization. For backup energy sources equipped with an automatic or remote transfer switch, backup power shall be turned on within 30 minutes of a loss in power. For water suppliers with alternative sources of water supplied by others, the source of water shall be available within 30 minutes and supply the amount of water otherwise supplied by the water supplier. (2) In the event that the backup energy source used by the water supplier to meet the requirements in paragraph (1) is not a permanent and stationary source of energy, a water supplier may use mobile backup energy sources or procure an energy source via an established mutual aid agreement provided the backup energy source can provide power within 12 hours of the National Weather Service alerting the region of a red flag warning and provide power for at least 24 hours after a loss of power and within 60 minutes of a loss of power. (3) A water supplier that has entered into a contract to procure backup energy sources in compliance with paragraph (1) before July 1, 2030, but has not received the backup energy source by July 1, 2030, shall be considered to be in compliance with this subdivision if the water supplier has access to, or possession of, the backup energy source by January 1, 2033. (b) (1) The water supplier shall identify critical fire suppression infrastructure or alternative sources of water and provide that identification to the Ventura County Office of Emergency Services no later than May 1, 2026. If any changes are made to the list by the water supplier, the water supplier shall provide an updated list to the Ventura County Office of Emergency Services within 120 days of the changes being made. (2) The Ventura County Office of Emergency Services shall establish procedures for a water supplier to provide the identification required in paragraph (1) by March 1, 2026, including procedures for updating or amending the information at the request of the office. (c) (1) By January 1, 2027, the Ventura County Fire Department shall develop minimum fire safety standards, in consultation with water suppliers and local fire departments, for the purpose of fire hardening critical fire suppression infrastructure and backup energy sources located in the high or very high fire hazard severity zone, as identified pursuant to paragraph (1) of subdivision (b). (2) Upon completion of the minimum fire safety standards required by paragraph (1), the Ventura County Fire Department shall annually inspect critical fire suppression infrastructure and backup energy sources located in the high or very high fire hazard severity zone to ensure critical fire suppression infrastructure and backup energy sources located in high or very high fire hazard severity zones meet fire safety standards developed by the Ventura County Fire Department. If there is a local fire department in the area being inspected, the inspection by the Ventura County Fire Department shall occur in consultation with the local fire department. (3) Upon completion of the minimum fire safety standards required by paragraph (1), the water supplier shall annually inspect critical fire suppression infrastructure and backup energy sources serving the high or very high fire hazard severity zone, but not located within the zone, to ensure functionality. (d) (1) (A) A water supplier shall establish an emergency preparedness plan for response to red flag warnings, extreme weather events, and other major power outages or emergencies that pose a potential threat to providing water service in coordination with the Ventura County Office of Emergency Services and the Ventura County Fire Department. The water supplier shall annually review the emergency preparedness plan and update if necessary. (B) The emergency preparedness plan shall include, but is not limited to, the consideration of filling water tanks and stationing emergency backup energy sources. (C) For water systems that are required to prepare and submit an emergency response plan to the Public Utilities Commission, the emergency preparedness plan shall be incorporated into the emergency response plan. (2) If the National Weather Service alerts the region of a red flag warning, a water supplier shall initiate action under the emergency preparedness plan established pursuant to paragraph (1). (e) (1) A water supplier shall notify the Ventura County Office of Emergency Services within three business days of any reduction in its water delivery capacity that could substantially hinder firefighting operations or significantly delay the replenishment of reservoirs. (2) A water supplier shall alert the Ventura County Office of Emergency Services as soon as it becomes aware during a fire event of any reduction in its water delivery capacity that could substantially hinder firefighting operations or significantly delay the replenishment of reservoirs. (f) (1) If any fire damages and makes uninhabitable more than 10 residential dwellings within the service area of a water supplier, there shall be a report made by the Ventura County Fire Department in cooperation with the water supplier. The report shall be presented to the Ventura County Board of Supervisors by the Ventura County Fire Department at a regularly scheduled board meeting. (2) The report described in paragraph (1) shall include, and is limited to, an assessment of whether water tanks were filled at an appropriate level for fire suppression, as outlined in the emergency preparedness plan prepared pursuant to subdivision (d), whether disruption of water delivery due to a lack of electricity was timely and appropriately mitigated by the water supplier, and whether critical fire suppression infrastructure and backup energy sources met the fire safety standards described in paragraph (1) of subdivision (c). (g) For the purposes of this section, the following definitions apply: (1) “Critical fire suppression infrastructure” means wells and water pumps that are critical for supplying water for fire suppression in the high or very high fire hazard severity zone. (2) “High or very high fire hazard severity zone” shall refer to those areas identified by the State Fire Marshal as high or very high fire hazard severity zones pursuant to Section 51178 of the Government Code. (3) (A) “Water supplier” means a community water system, as that term is defined in subdivision (i) of Section 116275 of the Health and Safety Code, that supplies water that is used for the suppression of fire in either a high or very high fire hazard severity zone to more than 20 total residential dwellings in those zones in the County of Ventura. (B) “Water supplier” does not include a water wholesaler that does not provide retail water service. (h) This section shall not apply to the following: (1) Water delivery systems that are gravity fed and do not require any backup power to continue to operate during a power shutoff. (2) Nonpotable, recycled, irrigation, or agricultural water systems that are not used for fire suppression. (i) Nothing in this section changes the confidentiality level of the information shared with the Ventura County Office of Emergency Services pursuant to subdivision (b). (Added by Stats. 2025, Ch. 690, Sec. 1. (AB 367) Effective January 1, 2026.) - 71000. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Short Title [71000- 71000.] ( Chapter 1 added by Stats. 1963, Ch. 156. )
This division is called the Municipal Water District Law of 1911 and may be cited by that name.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Short Title [71000- 71000.] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71000. This division shall be known and may be cited as the Municipal Water District Law of 1911. (Added by Stats. 1963, Ch. 156.) - 71010. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Definitions [71010 - 71019] ( Chapter 2 added by Stats. 1963, Ch. 156. )
This chapter controls how this division is interpreted, unless the context requires otherwise.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Definitions [71010 - 71019] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 71010. Unless the context otherwise requires, the provisions of this chapter govern the construction of this division. (Added by Stats. 1963, Ch. 156.) - 71011. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Definitions [71010 - 71019] ( Chapter 2 added by Stats. 1963, Ch. 156. )
A defined word also covers its variants.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Definitions [71010 - 71019] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 71011. The definition of a word applies to any of its variants. (Added by Stats. 1963, Ch. 156.) - 71012. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Definitions [71010 - 71019] ( Chapter 2 added by Stats. 1963, Ch. 156. )
This section defines “city” as a chartered city or a general law city.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Definitions [71010 - 71019] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 71012. “City” means any chartered or general law city. (Added by Stats. 1963, Ch. 156.) - 71013. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Definitions [71010 - 71019] ( Chapter 2 added by Stats. 1963, Ch. 156. )
This section defines “District” as a municipal water district formed under the Municipal Water District Act of 1911 or this division.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Definitions [71010 - 71019] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 71013. “District” means a municipal water district formed pursuant to the Municipal Water District Act of 1911 or this division. (Added by Stats. 1963, Ch. 156.) - 71014. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Definitions [71010 - 71019] ( Chapter 2 added by Stats. 1963, Ch. 156. )
“Board” means the board of directors of a district.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Definitions [71010 - 71019] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 71014. “Board” means the board of directors of a district. (Added by Stats. 1963, Ch. 156.) - 71015. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Definitions [71010 - 71019] ( Chapter 2 added by Stats. 1963, Ch. 156. )
“Principal county” means the county where most of a district’s or proposed district’s land is located.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Definitions [71010 - 71019] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 71015. “Principal county” means the county in which the greater portion of the land of a district or a proposed district is situated. (Added by Stats. 1963, Ch. 156.) - 71016. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Definitions [71010 - 71019] ( Chapter 2 added by Stats. 1963, Ch. 156. )
“Affected county” means any county where the land of a district or proposed district is located.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Definitions [71010 - 71019] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 71016. “Affected county” means any county in which the land of a district, or proposed district, is situated. (Added by Stats. 1963, Ch. 156.) - 71017. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Definitions [71010 - 71019] ( Chapter 2 added by Stats. 1963, Ch. 156. )
“Voter” means a voter as defined in Section 359 of the Elections Code.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Definitions [71010 - 71019] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 71017. “Voter” means a voter as defined in Section 359 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 261. Effective January 1, 1995.)
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.