Water Code

Part 43 of 51 · provisions 8,401–8,600

This section says the act is called the Water Code.

Jurisdiction: United States — California
Instrument: Code
Citation: WAT
Version: Undated source snapshot
Language: en
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Complete work: View statute overview

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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.

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Provisions of Water Code

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75902.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Election [75900 - 75907] ( Article 4 added by Stats. 1965, Ch. 75. )
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Before calling the election, the board may require petitioners to provide an undertaking covering election costs if inclusion is denied.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Election [75900 - 75907] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75902. Before calling the election, the board may require an undertaking from the petitioners for the inclusion of the land, conditioned that the petitioners or the sureties will pay all the costs of holding the election in case the inclusion is denied. (Amended by Stats. 1982, Ch. 517, Sec. 413.)
75903.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Election [75900 - 75907] ( Article 4 added by Stats. 1965, Ch. 75. )
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The election must be noticed and published, held and conducted, and its returns canvassed and the result declared in the manner set by Chapter 3 of Part 6.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Election [75900 - 75907] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75903. Notice of the election shall be given and published, the election shall be held and conducted, the returns thereof shall be made and canvassed, and the result of the election ascertained and declared, and all things pertaining thereto conducted, in the manner prescribed by Chapter 3 (commencing with Section 74790) of Part 6 of this division. (Added by stats. 1965, Ch. 75.)
75904.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Election [75900 - 75907] ( Article 4 added by Stats. 1965, Ch. 75. )
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The notice of election must describe the proposed boundary change clearly enough that it can be readily traced.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Election [75900 - 75907] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75904. The notice of election shall describe the proposed change of the boundaries in such manner and terms that it can readily be traced. (Added by Stats. 1965, Ch. 75.)
75905.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Election [75900 - 75907] ( Article 4 added by Stats. 1965, Ch. 75. )
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Ballots at the election must include specified words about changing boundaries, or equivalent words.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Election [75900 - 75907] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75905. The ballots cast at the election shall contain the words “For change of boundaries,” or “Against change of boundaries,” or words equivalent thereto. (Added by Stats. 1965, Ch. 75.)
75906.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Election [75900 - 75907] ( Article 4 added by Stats. 1965, Ch. 75. )
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If a majority of votes are against changing district boundaries, the board must deny the inclusion petition and stop the matter.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Election [75900 - 75907] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75906. If a majority of all the votes cast at the election are against change of the boundaries of the district, the board shall order that the petition for inclusion of lands be denied and shall proceed no further in the matter. (Added by Stats. 1965, Ch. 75.)
75907.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Election [75900 - 75907] ( Article 4 added by Stats. 1965, Ch. 75. )
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If a majority of votes favors changing district boundaries, the board must order the change and describe the district’s full boundaries; it must also arrange any survey it deems necessary.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Election [75900 - 75907] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75907. If a majority of the votes cast at the election are in favor of the change of the boundaries of the district, the board shall order that the boundaries be changed in accordance with the resolution adopted by the board pursuant to Section 75900. The order shall describe the entire boundaries of the district, and for that purpose the board shall cause a survey of such portions thereof to be made as it deems necessary. (Added by Stats. 1965, Ch. 75.)
75920.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 5. Recordation of Order and Petition and Filing of Certificate [75920 - 75922] ( Article 5 added by Stats. 1965, Ch. 75. )
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The district must file a certified copy of the board’s boundary-change order in each affected county recorder’s office.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 5. Recordation of Order and Petition and Filing of Certificate [75920 - 75922] ( Article 5 added by Stats. 1965, Ch. 75. ) ## 75920. A copy of the order of the board ordering the change of the boundaries of the district, certified by the president and secretary, shall be filed for record in the recorder’s office of each affected county. The district shall be and remain a district as fully and to every intent and purpose as if the lands which are included in the district by the change of the boundaries had been included therein at the formation of the district. (Added by Stats. 1965, Ch. 75.)
75921.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 5. Recordation of Order and Petition and Filing of Certificate [75920 - 75922] ( Article 5 added by Stats. 1965, Ch. 75. )
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When the order copies are filed under Section 75920, the secretary must record the petition for inclusion of lands in the board minutes.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 5. Recordation of Order and Petition and Filing of Certificate [75920 - 75922] ( Article 5 added by Stats. 1965, Ch. 75. ) ## 75921. Upon the filing of the copies of the order pursuant to Section 75920, the secretary shall record the petition for inclusion of lands in the minutes of the board; and such minutes, or a certified copy thereof, shall be admissible in evidence with the same effect as the petition. (Added by Stats. 1965, Ch. 75.)
75922.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 5. Recordation of Order and Petition and Filing of Certificate [75920 - 75922] ( Article 5 added by Stats. 1965, Ch. 75. )
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After a district boundary change, the board must file a certificate with the Secretary of State, unless it can file a copy of the order because the order already includes all required information.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 5. Recordation of Order and Petition and Filing of Certificate [75920 - 75922] ( Article 5 added by Stats. 1965, Ch. 75. ) ## 75922. Upon a change of the boundaries of a district being made pursuant to this chapter, the board shall file a certificate with the Secretary of State listing: (a) The name of the district. (b) The effective date of the change of the boundaries. (c) The county or counties in which the district is located, and a description of the included land, or reference to a map showing the boundaries of such included land, which map shall be attached to the certificate, or reference to the county recorder’s office where a description of such boundaries has been recorded. If the order changing the boundaries contains all of the information required to be in the certificate, the board may file a copy of the order in lieu of the certificate. (Added by Stats. 1965, Ch. 75.)
75925.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. )
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This section says certain annexation procedures may be used to annex land to a water conservation district.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. ) ## 75925. The following annexation procedures may be used for annexation of land to any water conservation district as an alternative to the procedures set forth in Articles 2 (commencing with Section 75860) to 5 (commencing with Section 75920), inclusive, of Chapter 2 of Part 10 of Division 21. (Added by Stats. 1965, Ch. 390.)
75926.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. )
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A petition for annexation must be filed with the district secretary and signed by the required electors.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. ) ## 75926. A petition which may consist of any number of separate instruments, shall be filed with the secretary of the district, signed by 20 percent or 500 electors residing within the area so proposed to be annexed. Such petition shall set forth and describe the boundaries of the area proposed to be annexed and shall contain a prayer that such area be annexed to such district. (Added by Stats. 1965, Ch. 390.)
75927.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. )
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The petition text and meeting notice must be published in the affected county, and publication must be finished between 7 and 28 days before the petition is presented to the board.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. ) ## 75927. The text of such petition and a notice stating the time of the meeting at which the same will be presented shall be published in the affected county pursuant to Section 6066 of the Government Code. When contained upon one or more instruments, one copy only of such petition need be published. No more than five of the names attached to the petition need appear in the publication of the petition and notice, but the number of signers shall be stated. Publication shall be complete at least 7, but not more than 28, days before the time at which the petition is to be presented to the board. (Added by Stats. 1965, Ch. 390.)
75928.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. )
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The district secretary must examine the petition within 10 days after it is filed and determine whether it has the required number of voter signatures.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. ) ## 75928. Within 10 days of the date of filing of such petition the secretary of the district shall examine the same and ascertain whether or not such petition is signed by the requisite number of voters. (Added by Stats. 1965, Ch. 390.)
75929.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. )
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The district secretary must examine the petition, attach a dated certificate stating the result, and certify whether the petition is sufficient or insufficient.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. ) ## 75929. When the secretary of the district has completed his examination of the petition, he shall attach to the same his certificate, properly dated, showing the result of such examination, and if from such examination he shall find that said petition is signed by the requisite number of voters or is not so signed, he shall certify that the same is sufficient or insufficient, as the case may be. If, by the certificate of the secretary of the district, the petition is found to be insufficient, he shall also certify to the number of voters required to make such petition sufficient, and it may be amended by filing a supplemental petition or petitions within 10 days of the date of such certificate. (Added by Stats. 1965, Ch. 390.)
75930.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. )
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The district secretary must examine supplemental petitions within 10 days, certify the result, file insufficient petitions as public records, and promptly present sufficient petitions to the board.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. ) ## 75930. The secretary of the district shall, within 10 days after the filing of such supplemental petition or petitions, make like examination of the same and certify to the result of such examination as herein before provided. If his certificate shall show any such petition, or such petition as amended, to be insufficient, it shall be filed by him with the board of the district and kept as a public record, without prejudice, however, to the filing of a new petition to the same effect, but if, by the certificate of the secretary, such petition, or petition as amended, is shown to be sufficient, the secretary shall present the same to the board without delay. (Added by Stats. 1965, Ch. 390.)
75931.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. )
Verify source ↗

If a supplemental petition is filed, the signatures on the petition and any supplemental petition must be counted when determining how many voters signed the petition.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. ) ## 75931. If any supplemental petition be filed, all the signatures appended to the petition or to the supplemental petition or petitions shall be considered in determining the number of voters signing the petition. (Added by Stats. 1965, Ch. 390.)
75932.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. )
Verify source ↗

After an annexation election, the sufficiency of the petition cannot be judicially reviewed or otherwise challenged.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. ) ## 75932. After an election for the annexation of such area to the district the sufficiency of such petition in any respect shall not be subject to judicial review or be otherwise questioned. (Added by Stats. 1965, Ch. 390.)
75933.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. )
Verify source ↗

The district board may grant an inclusion petition by ordinance after a hearing, but only if it finds the inclusion is in the district’s best interests and benefits the land involved.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. ) ## 75933. Such petition may be granted by ordinance of the board of such district after hearing thereon held at the time the petition is presented to the board as provided in Section 75927. No petition for inclusion may be granted unless and until the board finds that the inclusion in the district of the lands described in said petition, or of some portion or portions thereof, will be for the best interests of the district and that the lands proposed to be included shall be benefited by such inclusion. The petition may be granted in its entirety or only as to the part of the territory proposed to be included for which such a finding of benefit is made. If the petition be denied either as to the whole or part of the territory to be included, no new petition for the inclusion of such territory shall be filed within six months after such denial. In granting such petition, such board of directors may fix in said ordinance the terms and conditions upon which such annexation may occur, and such terms and conditions may provide, among other things, for the levy by such district of special taxes upon the real property and improvements thereon, but not on personal property within such annexed area or areas in addition to the taxes elsewhere in this act authorized to be levied by such district, and in case such terms and conditions shall provide for the levy of such special taxes, the board, in fixing such terms and conditions, shall specify the aggregate amount to be so raised and the number of years prescribed for raising such aggregate sum and that substantially equal annual levies will be made for the purpose of raising such sum over the period so prescribed. (Added by Stats. 1965, Ch. 390.)
75934.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. )
Verify source ↗

If a petition is granted, the annexation proposal must be put to a vote of the voters in the proposed addition at an election called by the board within 70 days after the ordinance becomes effective.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. ) ## 75934. If such petition is granted, the proposition of such annexation subject to the terms and conditions so fixed, shall be submitted to the vote of the voters in the proposed addition, at an election called by the board and held, as herein provided, within 70 days after the effective date of such ordinance. (Added by Stats. 1965, Ch. 390.)
75935.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. )
Verify source ↗

The election notice must be published in the affected county, and publication must be finished between 7 and 28 days before the election date.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. ) ## 75935. Notice of such election shall be published in the affected county pursuant to Section 6063 of the Government Code. Publication shall be complete at least 7, but not more than 28, days prior to the date fixed for such election. Such notice shall describe the boundaries of the area or areas so proposed to be annexed and shall designate such territory by some appropriate name, or other words of identification, by which such territory may be referred to and indicated upon the ballot to be used at any election at which the question of such annexation is submitted, as in this act provided. Such notice also shall contain the substance of the terms and conditions fixed by the board of directors, as herein provided. (Added by Stats. 1965, Ch. 390.)
75936.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. )
Verify source ↗

The ballot for the submitted measure must use substantially the prescribed annexation question, with “yes” and “no” printed separately beside or below it.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. ) ## 75936. The measure so submitted at such election shall be stated on the ballot substantially as follows: “Shall ____ (giving the name or other designation of the territory proposed to be annexed, as stated in the notice of election) be annexed to ____ (name of water conservation district) subject to the terms and conditions fixed by the board of directors of said district?” To the right of or below the proposition, the words “yes” and “no” shall be printed on separate lines, with voting targets. (Amended by Stats. 2025, Ch. 303, Sec. 76. (AB 1512) Effective January 1, 2026.)
75937.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. )
Verify source ↗

The board must count the election votes. If the proposition passes by a majority, the board president and secretary must certify that result to the Secretary of State and record a certificate with each affected county’s recorder.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. ) ## 75937. The board shall canvass the votes cast at such election and, if such proposition is approved by a majority of the voters voting thereon at such election, the president and secretary of the board of directors shall certify that fact to the Secretary of State and shall record a certificate stating that such proposition was adopted with the county recorder of each affected county in which such district is located. (Added by Stats. 1965, Ch. 390.)
75938.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. )
Verify source ↗

After receiving the certificate, the Secretary of State must issue a certificate within 10 days, and a copy must be sent to and filed with each affected county clerk.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. ) ## 75938. Upon receipt of such certificate, the Secretary of State shall, within 10 days, issue his certificate reciting the passage of said ordinance and the addition of said area or areas to said district. A copy of said certificate shall be transmitted to, and filed with, the county clerk of each affected county in which such district is situated. (Added by Stats. 1965, Ch. 390.)
75939.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. )
Verify source ↗

After the certificate date, the named area becomes part of the district, taxable property there is subject to taxation, and the district board may take necessary steps to enforce the annexation terms.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternate Procedure [75925 - 75939] ( Article 6 added by Stats. 1965, Ch. 390. ) ## 75939. From and after the date of such certificate, the area or areas named therein shall be deemed added to, and shall form a part of, said district, and the taxable property therein shall be subject to taxation thereafter for the purposes of said district, including the payment of bonds and other obligations of such district at the time authorized or outstanding, and the board of the district shall be empowered to do all things necessary to enforce and make effective the terms and conditions of annexation fixed as hereinabove authorized. (Added by Stats. 1965, Ch. 390.)
75940.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Definitions [75940- 75940.] ( Article 1 added by Stats. 1965, Ch. 75. )
Verify source ↗

This section defines “petitioning district” and “annexing district” for chapter 3.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Definitions [75940- 75940.] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75940. As used in this chapter: (a) “Petitioning district” means a water conservation district which proposes to petition or which has petitioned another water conservation district to annex its territory to that other water conservation district. (b) “Annexing district” means a water conservation district which has been petitioned by a petitioning district to be annexed thereto. (Added by Stats. 1965, Ch. 75.)
75950.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Procedure in Petitioning District [75950 - 75954] ( Article 2 added by Stats. 1965, Ch. 75. )
Verify source ↗

Proceedings for annexation by the petitioning district begin either when the district board adopts a proposed annexation petition by resolution, or when enough qualified voters sign and submit one.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Procedure in Petitioning District [75950 - 75954] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75950. Proceedings by the petitioning district are initiated: (a) When the board of the district determines that it would be for the best interests of the district to be annexed to another water conservation district and adopts, by resolution, a proposed annexation petition; or (b) When 500, or 5 percent, or more, of the qualified voters of the district sign a proposed annexation petition and submit it to the board. (Added by Stats. 1965, Ch. 75.)
75951.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Procedure in Petitioning District [75950 - 75954] ( Article 2 added by Stats. 1965, Ch. 75. )
Verify source ↗

A proposed annexation petition must include a request to the annexing district, a statement explaining why the annexation is desirable or necessary, and any terms that will condition the annexation.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Procedure in Petitioning District [75950 - 75954] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75951. A proposed annexation petition shall contain: (a) A request addressed to the annexing district, petitioning the annexing district to annex the petitioning district. (b) A statement setting forth the desirability or necessity of the annexation. (c) Any terms subject to which the annexation shall be conditioned. (Added by Stats. 1965, Ch. 75.)
75952.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Procedure in Petitioning District [75950 - 75954] ( Article 2 added by Stats. 1965, Ch. 75. )
Verify source ↗

The board of the petitioning district must call and arrange a special election within 30 days after annexation proceedings begin.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Procedure in Petitioning District [75950 - 75954] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75952. Within 30 days after annexation proceedings have been initiated, the board of the petitioning district shall call and provide for the holding of a special election, at which election the proposition of adopting the proposed annexation petition shall be submitted to the electors of the petitioning district. (Added by Stats. 1965, Ch. 75.)
75953.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Procedure in Petitioning District [75950 - 75954] ( Article 2 added by Stats. 1965, Ch. 75. )
Verify source ↗

Election procedures for this annexation matter must follow Chapter 3, and any gaps are handled by the state’s general election laws.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Procedure in Petitioning District [75950 - 75954] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75953. The manner of holding and conducting the election, the selection of officers to conduct it, the designation of precincts and polling places, the preparation, receipt, counting, and returning of ballots, and the canvassing and determining results of the election shall be as provided in Chapter 3 (commencing with Section 74790) of Part 6 of this division, and, in particulars not so provided, shall be in accordance with the general laws of the state relative to elections at which propositions are submitted and voted upon. (Added by Stats. 1965, Ch. 75.)
75954.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Procedure in Petitioning District [75950 - 75954] ( Article 2 added by Stats. 1965, Ch. 75. )
Verify source ↗

If the vote favors annexation, the petitioning district board must send the annexing district board a certified copy of the petition and a certificate within 10 days after the vote is canvassed.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Procedure in Petitioning District [75950 - 75954] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75954. Upon the canvassing of the votes cast in the election, if it appears that a majority of all votes cast are in favor of the annexation petition, the board of the petitioning district shall, within 10 days after the canvass of the vote, forward to the board of the annexing district a certified copy of the annexation petition, together with a certificate that the petition has been submitted to the electors of the petitioning district and adopted by a majority of those voting at the election. (Added by Stats. 1965, Ch. 75.)
75970.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Procedure in Annexing District [75970 - 75975] ( Article 3 added by Stats. 1965, Ch. 75. )
Verify source ↗

If the annexing district’s board favors annexation, it must act within 30 days of receiving the petition, publish its resolution weekly for at least three weeks, and state a final-action date at least 40 days after first publication.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Procedure in Annexing District [75970 - 75975] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75970. Within 30 days after the receipt of an annexation petition from a petitioning district, the board of the annexing district shall, if it favors the annexation, adopt a resolution setting forth its intention to annex the petitioning district, and shall cause the resolution of intention to annex to be published once a week for at least three weeks in a newspaper of general circulation in the county in which the office of the annexing district is situated. The board shall state in such publication the date when the board proposes to finally act upon the petition for annexation, which date shall be at least 40 days after the first publication of the resolution of intention to annex. (Added by Stats. 1965, Ch. 75.)
75971.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Procedure in Annexing District [75970 - 75975] ( Article 3 added by Stats. 1965, Ch. 75. )
Verify source ↗

If enough electors file written protests, the board must hold an election on the annexation petition; if not, the board may annex the district or may still choose to submit the question to voters.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Procedure in Annexing District [75970 - 75975] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75971. If, on the date set by the board for the final action on the annexation petition, there is presented to the board of the annexing district written protests signed by 3 percent, or 1,000, or more, of the electors of the annexing district, the board shall call and provide for an election at which there shall be submitted to the electors of the annexing district the question as to whether or not the petitioning district shall be annexed upon the terms set forth in the annexation petition. If sufficient protests are not presented the board may adopt an order annexing the petitioning district, or may, in its discretion, submit the question to the electors of the district as though sufficient protests had been presented. (Added by Stats. 1965, Ch. 75.)
75972.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Procedure in Annexing District [75970 - 75975] ( Article 3 added by Stats. 1965, Ch. 75. )
Verify source ↗

If annexation is put to the electors of the annexing district, the election must be held the same way this chapter requires for the petitioning district’s election.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Procedure in Annexing District [75970 - 75975] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75972. If the question of annexation is submitted to the electors of the annexing district, the election shall be held in the same manner as provided in this chapter for the election in the petitioning district. (Added by Stats. 1965, Ch. 75.)
75973.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Procedure in Annexing District [75970 - 75975] ( Article 3 added by Stats. 1965, Ch. 75. )
Verify source ↗

If most votes are against the proposed annexation, the annexation petition must be denied. If most votes are in favor, the board of the annexing district must adopt an order annexing the petitioning district.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Procedure in Annexing District [75970 - 75975] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75973. If a majority of all votes cast at the election are against the proposed annexation, the annexation petition shall be denied. If a majority of all votes cast are in favor of the proposed annexation, the board of the annexing district shall thereupon adopt an order annexing the petitioning district. (Added by Stats. 1965, Ch. 75.)
75974.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Procedure in Annexing District [75970 - 75975] ( Article 3 added by Stats. 1965, Ch. 75. )
Verify source ↗

The annexation order must describe the land boundaries, and if the land adjoins the annexing district, it must also describe the matching district boundary. The board may order a survey of boundary portions it considers necessary.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Procedure in Annexing District [75970 - 75975] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75974. The order annexing the petitioning district shall describe the boundaries of the land to be annexed to the annexing district, and if such land adjoins any portion of the annexing district, the order shall also describe that portion of the boundary of the annexing district which coincides with the boundaries of the land annexed. For the purposes of the order the board may cause a survey to be made of such portions of the boundaries as it deems necessary. (Added by Stats. 1965, Ch. 75.)
75975.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Procedure in Annexing District [75970 - 75975] ( Article 3 added by Stats. 1965, Ch. 75. )
Verify source ↗

When a district is annexed under this chapter, the annexation order and annexation petition must be recorded.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Procedure in Annexing District [75970 - 75975] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75975. Upon the annexation of a district as provided in this chapter, the annexation order and the annexation petition shall be recorded. (Added by Stats. 1965, Ch. 75.)
75990.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Conditions to Annexation [75990 - 75991] ( Article 4 added by Stats. 1965, Ch. 75. )
Verify source ↗

The petitioning district and annexing district may agree to financial adjustments for an annexation.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Conditions to Annexation [75990 - 75991] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75990. As a condition to annexation, the petitioning district and the annexing district may agree to any financial adjustments and may provide for the payment by the petitioning district of such sums as may be mutually determined to be just and equitable as compensation for any benefits that it may receive by virtue of the annexation. (Added by Stats. 1965, Ch. 75.)
75991.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Conditions to Annexation [75990 - 75991] ( Article 4 added by Stats. 1965, Ch. 75. )
Verify source ↗

The petitioning district may vote on and issue bonds, and may deliver them at no less than par value to count as payment under Section 75990.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Conditions to Annexation [75990 - 75991] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75991. Bonds of the petitioning district may be voted upon and issued in the manner provided for the incurring of bonded indebtedness of the district and may thereafter be delivered at not less than par value to constitute payment under Section 75990. (Added by Stats. 1965, Ch. 75.)
76000.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 5. Effect of Annexation Upon Petitioning District [76000 - 76001] ( Article 5 added by Stats. 1965, Ch. 75. )
Verify source ↗

After an annexation order is adopted, the petitioning district is treated as dissolved; if it still owes money, the annexing district must send annual written estimates to county supervisors about the amount needed to pay that debt.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 5. Effect of Annexation Upon Petitioning District [76000 - 76001] ( Article 5 added by Stats. 1965, Ch. 75. ) ## 76000. Upon the adoption of an order of annexation, the petitioning district shall be deemed dissolved, except that if there is any outstanding indebtedness of the petitioning district at the time of the dissolution thereof, the board of the annexing district shall furnish annually to the board of supervisors of the county in which the petitioning district is situated, or, if such district is situated in more than one county, then to the board of supervisors of each county in which any portion of the district is situated, an estimate in writing of the amount needed (computed as provided in Chapter 1 (commencing with Section 75350) of Part 8 of this division) for the payment of such outstanding indebtedness of the petitioning district in like manner as though the district had not been dissolved. (Added by Stats. 1965, Ch. 75.)
76001.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 5. Effect of Annexation Upon Petitioning District [76000 - 76001] ( Article 5 added by Stats. 1965, Ch. 75. )
Verify source ↗

After receiving the estimates under Section 76000, the boards of supervisors must levy an assessment on the petitioning district’s lands, and the annexing district’s board must use the assessment money to pay the related indebtedness.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 5. Effect of Annexation Upon Petitioning District [76000 - 76001] ( Article 5 added by Stats. 1965, Ch. 75. ) ## 76001. Upon receipt of the estimates furnished pursuant to Section 76000, the board or boards of supervisors shall levy an assessment on the lands comprising the petitioning district, in the manner provided in Chapter 2 (commencing with Section 75370) of Part 8 of this division, and the board of the annexing district shall cause the obligations evidencing such indebtedness to be paid according to their tenor out of the money raised from such assessments. (Added by Stats. 1965, Ch. 75.)
76010.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Filing of Certificate [76010- 76010.] ( Article 6 added by Stats. 1965, Ch. 75. )
Verify source ↗

When the petitioning district is annexed, the board of the annexing district must file a certificate with the Secretary of State. If the annexing order already includes all required information, a copy of the order may be filed instead.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Annexation of Districts [75940 - 76010] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Filing of Certificate [76010- 76010.] ( Article 6 added by Stats. 1965, Ch. 75. ) ## 76010. Upon the annexation of the petitioning district to the annexing district, the board of the annexing district shall file with the Secretary of State a certificate listing: (a) The names of the annexing district and the petitioning district. (b) The effective date of the annexation and of the dissolution of the petitioning district. (c) The county or counties in which the two districts are located, and a description of the annexed land, or reference to a map showing the boundaries of such annexed land, which map shall be attached to the certificate, or reference to the county recorder’s office where a description of such boundaries has been recorded. If the order annexing the petitioning district contains all of the information required to be in the certificate, the board may file a copy of the order in lieu of the certificate. (Added by Stats. 1965, Ch. 75.)
76020.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Consolidation [76020- 76020.] ( Chapter 4 added by Stats. 1965, Ch. 75. )
Verify source ↗

A district may be consolidated using the same process that applies to county water districts.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Consolidation [76020- 76020.] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## 76020. A district may be consolidated in the same manner as is provided for the consolidation of county water districts in Chapter 3 (commencing with Section 32650) of Part 8 of Division 12 of this code. (Added by Stats. 1965, Ch. 75.)
76030.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. Dissolution [76030 - 76061] ( Chapter 5 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Petition and Hearing [76030 - 76032] ( Article 1 added by Stats. 1965, Ch. 75. )
Verify source ↗

A district may be dissolved by the board of supervisors of the principal county under the procedure in this chapter.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. Dissolution [76030 - 76061] ( Chapter 5 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Petition and Hearing [76030 - 76032] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 76030. A district may be dissolved by the board of supervisors of the principal county in the manner provided in this chapter. (Added by Stats. 1965, Ch. 75.)
76031.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. Dissolution [76030 - 76061] ( Chapter 5 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Petition and Hearing [76030 - 76032] ( Article 1 added by Stats. 1965, Ch. 75. )
Verify source ↗

If a qualifying dissolution petition is received, the board of supervisors must publish notice and schedule a hearing.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. Dissolution [76030 - 76061] ( Chapter 5 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Petition and Hearing [76030 - 76032] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 76031. Upon receiving a petition signed by 10 percent of the electors of the district, or by the owners of one-half of the lands comprising the district, requesting the dissolution of the district, the board of supervisors shall publish a notice once a week for two weeks in some newspaper in the principal county, and also in each affected county, giving notice that such petition has been filed with the board of supervisors, and that the board will hear such petition, and all objections thereto, at the next regular meeting of said board after the expiration of the time of publishing the notice (specifying the date), and directing all persons interested therein to show cause at such time, if any they have, why the district should not be dissolved. (Added by Stats. 1965, Ch. 75.)
76032.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. Dissolution [76030 - 76061] ( Chapter 5 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Petition and Hearing [76030 - 76032] ( Article 1 added by Stats. 1965, Ch. 75. )
Verify source ↗

The board of supervisors must hear and decide the petition at the scheduled or adjourned hearing, and it may grant or deny it.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. Dissolution [76030 - 76061] ( Chapter 5 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Petition and Hearing [76030 - 76032] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 76032. At the time appointed for the hearing, or at any time to which the hearing may be adjourned, the board of supervisors shall hear and pass upon the petition, and may grant or deny the same. If its decision is against the dissolution of the district, such decision shall be final and conclusive. (Added by Stats. 1965, Ch. 75.)
76040.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. Dissolution [76030 - 76061] ( Chapter 5 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Election [76040 - 76042] ( Article 2 added by Stats. 1965, Ch. 75. )
Verify source ↗

If a dissolution petition is granted, the board of supervisors must call a special election in the district and submit the dissolution question to the district’s qualified electors.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. Dissolution [76030 - 76061] ( Chapter 5 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Election [76040 - 76042] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 76040. If the petition for dissolution is granted, the board of supervisors shall, by resolution, provide for and order the holding of a special election in the district, and shall submit to the qualified electors of the district the proposition of whether or not the district shall be dissolved. (Added by Stats. 1965, Ch. 75.)
76041.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. Dissolution [76030 - 76061] ( Chapter 5 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Election [76040 - 76042] ( Article 2 added by Stats. 1965, Ch. 75. )
Verify source ↗

A resolution calling the election must mention the dissolution petition and its approval by the board of supervisors, and must set the election time.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. Dissolution [76030 - 76061] ( Chapter 5 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Election [76040 - 76042] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 76041. The resolution calling the election shall recite the filing of the petition for dissolution and the approval thereof by the board of supervisors, and shall fix a time for the holding of the election. (Added by Stats. 1965, Ch. 75.)
76042.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. Dissolution [76030 - 76061] ( Chapter 5 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Election [76040 - 76042] ( Article 2 added by Stats. 1965, Ch. 75. )
Verify source ↗

The election must be noticed and conducted, and its returns made and canvassed, the same way as the formation election.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. Dissolution [76030 - 76061] ( Chapter 5 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Election [76040 - 76042] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 76042. The election shall be noticed and conducted, and the returns of the election made and canvassed, in the same manner as is provided for the formation election. To the right of or below the question on the ballot, the words “Yes” and “No” shall be printed on separate lines, with voting targets. (Amended by Stats. 2025, Ch. 303, Sec. 77. (AB 1512) Effective January 1, 2026.)
76050.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. Dissolution [76030 - 76061] ( Chapter 5 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Order of Dissolution and Filing of Certificate [76050 - 76052] ( Article 3 added by Stats. 1965, Ch. 75. )
Verify source ↗

If 60% of votes cast favor dissolving the district, the board of supervisors must record an order declaring it dissolved, and the district is dissolved when that order is entered.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. Dissolution [76030 - 76061] ( Chapter 5 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Order of Dissolution and Filing of Certificate [76050 - 76052] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 76050. If votes representing 60 percent of the total number of votes cast are cast in favor of the dissolution of the district, the board of supervisors shall enter an order to that effect upon its minutes, declaring the district dissolved, and upon the entry of such order the district shall be dissolved. (Added by Stats. 1965, Ch. 75.)
76051.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. Dissolution [76030 - 76061] ( Chapter 5 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Order of Dissolution and Filing of Certificate [76050 - 76052] ( Article 3 added by Stats. 1965, Ch. 75. )
Verify source ↗

If the district has outstanding debt when it is dissolved, the board of supervisors must levy assessments and use the money to pay that debt.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. Dissolution [76030 - 76061] ( Chapter 5 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Order of Dissolution and Filing of Certificate [76050 - 76052] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 76051. If there is any outstanding indebtedness of the district, at the time of the dissolution thereof, the board of supervisors shall levy assessments for the payment of such indebtedness in like manner as though such district had not been dissolved, until all such indebtedness is fully paid, and shall cause such obligations to be paid according to their tenor out of the moneys raised from such assessments. (Added by Stats. 1965, Ch. 75.)
76052.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. Dissolution [76030 - 76061] ( Chapter 5 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Order of Dissolution and Filing of Certificate [76050 - 76052] ( Article 3 added by Stats. 1965, Ch. 75. )
Verify source ↗

When a district is dissolved, the clerk of the board of supervisors must file a certificate with the Secretary of State.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. Dissolution [76030 - 76061] ( Chapter 5 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Order of Dissolution and Filing of Certificate [76050 - 76052] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 76052. Upon dissolution of a district, the clerk of the board of supervisors shall file a certificate with the Secretary of State listing: (a) The name of the district. (b) The effective date of dissolution. (c) The county or counties in which the district was located. If the order declaring the district dissolved contains all of the information required to be in the certificate, the clerk of the board may file a copy of the order in lieu of the certificate. (Added by Stats. 1965, Ch. 75.)
76060.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. Dissolution [76030 - 76061] ( Chapter 5 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Vesting of Property Upon Dissolution [76060 - 76061] ( Article 4 added by Stats. 1965, Ch. 75. )
Verify source ↗

When a district is dissolved, its real property passes to the county where the property is located.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. Dissolution [76030 - 76061] ( Chapter 5 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Vesting of Property Upon Dissolution [76060 - 76061] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 76060. Upon the dissolution of a district, any and all real property belonging to the district shall become and be the property of the county in which the real property is situated. (Added by Stats. 1965, Ch. 75.)
76061.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. Dissolution [76030 - 76061] ( Chapter 5 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Vesting of Property Upon Dissolution [76060 - 76061] ( Article 4 added by Stats. 1965, Ch. 75. )
Verify source ↗

When a district is dissolved, the principal county’s board of supervisors must sell the district’s personal property and distribute the remaining money to the affected counties’ general funds.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. Dissolution [76030 - 76061] ( Chapter 5 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Vesting of Property Upon Dissolution [76060 - 76061] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 76061. The personal property belonging to a district upon its dissolution shall be sold by the board of supervisors of the principal county, and the proceeds from such sale, together with all moneys of the district, remaining after the payment of all of the obligations of the district, shall be paid into the general funds of the affected counties in the same proportions that the assessed values of the lands (according to the last assessment rolls) within the district in each of such counties bear one to the other. (Added by Stats. 1965, Ch. 75.)
76500.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 11. REPEALS [76500 - 76501] ( Part 11 added by Stats. 1965, Ch. 75. )
Verify source ↗

This section repeals Chapter 166 of the Statutes of 1929 and Chapter 1020 of the Statutes of 1931.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 11. REPEALS [76500 - 76501] ( Part 11 added by Stats. 1965, Ch. 75. ) ## 76500. Chapter 166 of the Statutes of 1929 and Chapter 1020 of the Statutes of 1931 are repealed. (Added by Stats. 1965, Ch. 75.)
76501.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 11. REPEALS [76500 - 76501] ( Part 11 added by Stats. 1965, Ch. 75. )
Verify source ↗

This repeal provision says the repeal must not be used to take away any substantial right a person or entity would have had otherwise.

## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 11. REPEALS [76500 - 76501] ( Part 11 added by Stats. 1965, Ch. 75. ) ## 76501. The repeals effected by this part shall not be construed to deprive any person or entity of any substantial right which would have existed or hereafter exist had such repeal not been effected. (Added by Stats. 1965, Ch. 75.)
78500.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 1. Short Title and Findings and Declarations [78500 - 78500.4] ( Chapter 1 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This division may be cited as the Safe, Clean, Reliable Water Supply Act.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 1. Short Title and Findings and Declarations [78500 - 78500.4] ( Chapter 1 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78500. This division shall be known and may be cited as the Safe, Clean, Reliable Water Supply Act. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78500.2.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 1. Short Title and Findings and Declarations [78500 - 78500.4] ( Chapter 1 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The Legislature finds and declares that California faces a water crisis and that water resources should be protected, conserved, and recycled when feasible.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 1. Short Title and Findings and Declarations [78500 - 78500.4] ( Chapter 1 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78500.2. In placing this measure before the voters, the Legislature hereby finds and declares all of the following: (a) The state faces a water crisis that threatens our economy and environment. (b) The state’s growing population has increasing needs for safe water supplies which are essential to the public health, safety, and welfare. (c) It is of paramount importance that the limited water resources of the state be protected from pollution, and conserved and recycled whenever economically, environmentally, and technically feasible. (d) The state should plan to meet the water supply needs of all beneficial uses of water, including urban, agricultural, and environmental, utilizing a wide range of strategies including water conservation and recycling, conjunctive use of surface and groundwater supplies, water transfers, and improvements in the state’s water storage and delivery systems to meet the growing water needs of the state. (e) This measure is a necessary first step toward providing for the state’s long-term water supply requirements through a number of water management strategies. (f) The San Francisco Bay/Sacramento San Joaquin Delta Estuary (the Bay-Delta) is of statewide and national importance. The Bay-Delta provides habitat for more than 120 species of fish and wildlife and serves as a major link in our water delivery system for businesses and farms statewide and more than 22 million residents. (g) The state has signed an historic accord with federal officials and statewide water interests that calls for the development of a comprehensive and long-term solution for the water supply reliability, water quality, and environmental problems of the Bay-Delta. (h) Federal and state representatives have initiated a program known as CALFED, to develop a comprehensive and long-term solution to the problems associated with the Bay-Delta, including an equitable allocation of program costs among beneficiary groups. The success of the CALFED program is vital to the environmental and economic well-being of the state. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78500.4.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 1. Short Title and Findings and Declarations [78500 - 78500.4] ( Chapter 1 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section states the act’s objectives: to provide safe, clean, affordable, and sufficient water; support lasting water solutions; restore ecological health; protect the state water supply system; protect drinking water quality; and improve community quality of life.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 1. Short Title and Findings and Declarations [78500 - 78500.4] ( Chapter 1 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78500.4. In enacting this measure, the people of California declare all of the following to be the objectives of this act: (a) To provide a safe, clean, affordable, and sufficient water supply to meet the needs of California residents, farms, and businesses. (b) To develop lasting water solutions that balance the needs of the state’s economy and its environment. (c) To restore ecological health for native fish and wildlife, and their natural habitats, including wetlands. (d) To protect the integrity of the state’s water supply system from catastrophic failure due to earthquakes and flooding. (e) To protect drinking water quality. (f) To protect the quality of life in our communities by ensuring recreational opportunities and maintaining parks, trees, and plants. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78501.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 2. Definitions [78501- 78501.] ( Chapter 2 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section defines key terms used in the division, including “Bay-delta,” “Board,” “CALFED,” “Clean Water Act,” “Committee,” “Delta,” “Department,” and “Fund.”

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 2. Definitions [78501- 78501.] ( Chapter 2 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78501. Unless the context otherwise requires, the following definitions govern the construction of this division: (a) “Bay-delta” means the San Francisco Bay/Sacramento-San Joaquin Delta Estuary. (b) “Board” means the State Water Resources Control Board. (c) “CALFED” refers to a consortium of five state agencies, including the Resources Agency, the department, the Department of Fish and Game, the California Environmental Protection Agency, and the board, and five federal agencies, including the United States Department of Interior, the United States Bureau of Reclamation, the United States Fish and Wildlife Service, the Environmental Protection Agency, and the National Marine Fisheries Service, with management and regulatory responsibilities in the bay-delta. (d) “Clean Water Act” means the federal Clean Water Act (33 U.S.C.A. Sec. 1251 et seq.) and includes any amendments thereto. (e) “Committee” means the Safe, Clean, Reliable Water Supply Finance Committee created pursuant to Section 78693. (f) “Delta” means the Sacramento-San Joaquin Delta. (g) “Department” means the Department of Water Resources. (h) “Fund” means the Safe, Clean, Reliable Water Supply Fund created pursuant to Section 78505. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78505.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 3. Safe, Clean, Reliable Water Supply Fund [78505- 78505.] ( Chapter 3 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Bond proceeds under this division must be deposited into the Safe, Clean, Reliable Water Supply Fund, and that fund is created by this section.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 3. Safe, Clean, Reliable Water Supply Fund [78505- 78505.] ( Chapter 3 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78505. The proceeds of bonds issued and sold pursuant to this division shall be deposited in the Safe, Clean, Reliable Water Supply Fund, which is hereby created. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78525.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 1. The Delta Improvement Account [78525 - 78526] ( Article 1 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section defines “account” as the Delta Improvement Account created by Section 78526, unless the context requires otherwise.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 1. The Delta Improvement Account [78525 - 78526] ( Article 1 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78525. Unless the context otherwise requires, as used in this chapter, “account” means the Delta Improvement Account created by Section 78526. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78526.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 1. The Delta Improvement Account [78525 - 78526] ( Article 1 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section creates the Delta Improvement Account and moves $193 million from the fund into it.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 1. The Delta Improvement Account [78525 - 78526] ( Article 1 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78526. The Delta Improvement Account is hereby created in the fund. The sum of one hundred ninety-three million dollars ($193,000,000) is hereby transferred from the fund to the account. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78530.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Central Valley Project Improvement Program [78530 - 78531] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The section creates the Central Valley Project Improvement Subaccount and defines “subaccount” for this article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Central Valley Project Improvement Program [78530 - 78531] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78530. (a) There is hereby created in the account the Central Valley Project Improvement Subaccount. (b) For the purposes of this article, “subaccount” means the Central Valley Project Improvement Subaccount created by subdivision (a). (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78530.5.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Central Valley Project Improvement Program [78530 - 78531] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

$93,000,000 is transferred from one account to a subaccount to implement this article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Central Valley Project Improvement Program [78530 - 78531] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78530.5. The sum of ninety-three million dollars ($93,000,000) is hereby transferred from the account to the subaccount for the purpose of implementing this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78531.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Central Valley Project Improvement Program [78530 - 78531] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Money in the subaccount is continuously appropriated to the Controller, who must allocate it for specified fish and wildlife restoration costs, and the funds may also be used for certain direct restoration and administrative expenses subject to a 3% cap.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Central Valley Project Improvement Program [78530 - 78531] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78531. (a) Notwithstanding Section 13340 of the Government Code, the money in the subaccount is hereby continuously appropriated, without regard to fiscal years, to the Controller, to be allocated to pay the state’s share of the costs for fish and wildlife restoration measures required by Section 3406 of the Central Valley Project Improvement Act (P.L. 102-575), in accordance with subdivisions (b) and (c). (b) Funds appropriated pursuant to subdivision (a) shall be allocated to the Department of Fish and Game or the department for expenditure pursuant to the terms of the cost-sharing agreement between the United States and the State of California as required by subsection (h) of Section 3406 of the Central Valley Project Improvement Act, or any agreements supplemental thereto, for the payment of costs allocated to the state for the protection and restoration of fish and wildlife resources and habitat pursuant to Section 3406 of that federal act. (c) The money in the subaccount may be used for both of the following purposes: (1) To pay for the state’s cost-sharing allocations or for actions directly undertaken by the department or the Department of Fish and Game relating to fish and wildlife restoration actions required by Section 3406 of the Central Valley Project Improvement Act (P.L. 102-575). For purposes of this paragraph, and consistent with Attachment C of the “Principles for Agreement on Bay-Delta standards between the State of California and the Federal Government,” dated December 15, 1994, preference for the screening of diversions shall be given to projects, and projects within programs, identified in the Central Valley Project Improvement Act (P.L. 102-575) for which deadlines have been established by state or federal agencies, or by a state or federal court. Any preference established under this paragraph shall be revised if the deadlines are extended or eliminated. (2) To pay for administrative costs incurred in connection with the implementation of this section by the department and the Department of Fish and Game related to fish and wildlife restoration measures undertaken pursuant to Section 3406 of the Central Valley Project Improvement Act (P.L. 102-575), as follows: (A) Not more than 3 percent of the total amount deposited in the subaccount for the use of the department may be used to pay the costs incurred in connection with the administration of this article by the department. (B) Not more than 3 percent of the total amount deposited in the subaccount for the use of the Department of Fish and Game may be used to pay the costs incurred in connection with the administration of this article by the Department of Fish and Game. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78535.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Bay-Delta Agreement Program [78535 - 78538] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section creates the Bay-Delta Agreement Subaccount in the account and defines “subaccount” for this article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Bay-Delta Agreement Program [78535 - 78538] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78535. (a) There is hereby created in the account the Bay-Delta Agreement Subaccount. (b) For the purposes of this article, “subaccount” means the Bay-Delta Agreement Subaccount created by subdivision (a). (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78535.5.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Bay-Delta Agreement Program [78535 - 78538] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

$60,000,000 is transferred from the account to the subaccount to implement this article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Bay-Delta Agreement Program [78535 - 78538] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78535.5. The sum of sixty million dollars ($60,000,000) is hereby transferred from the account to the subaccount for the purpose of implementing this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78536.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Bay-Delta Agreement Program [78535 - 78538] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Money in the subaccount is continuously appropriated to the Resources Agency for administering this article and for specified non-flow-related Bay-Delta projects.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Bay-Delta Agreement Program [78535 - 78538] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78536. Notwithstanding Section 13340 of the Government Code, the money in the subaccount is hereby continuously appropriated, without regard to fiscal years, to the Resources Agency, to pay for the administration of this article and for non-flow-related projects called for in the Water Quality Control Plan for the Bay-Delta, adopted by the board in Resolution No. 95-24, and as it may be amended. Those projects are known as “Category III” activities called for in the “Principles for Agreement on Bay-Delta Standards Between the State of California and the Federal Government,” dated December 15, 1994. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78536.5.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Bay-Delta Agreement Program [78535 - 78538] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The Secretary of the Resources Agency must carry out this article under CALFED-established procedures.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Bay-Delta Agreement Program [78535 - 78538] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78536.5. The Secretary of the Resources Agency shall carry out this article in accordance with procedures established by CALFED for the purposes of undertaking Category III activities and other ecosystem restoration programs until the Legislature, by statute, authorizes another entity that is recommended by CALFED, to carry out this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78537.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Bay-Delta Agreement Program [78535 - 78538] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The state must try, as far as possible, to secure federal and nonfederal matching funds for implementing this article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Bay-Delta Agreement Program [78535 - 78538] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78537. The state shall, to the greatest extent possible, secure federal and nonfederal matching funds to implement this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78538.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Bay-Delta Agreement Program [78535 - 78538] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

No more than 3% of the money deposited in the subaccount may be used for administration costs for this article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Bay-Delta Agreement Program [78535 - 78538] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78538. Not more than 3 percent of the total amount deposited in the subaccount may be used to pay the costs incurred in connection with the administration of this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78540.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Delta Levee Rehabilitation Program [78540 - 78545] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section creates the Delta Levee Rehabilitation Subaccount and defines “subaccount” for this article as that created subaccount.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Delta Levee Rehabilitation Program [78540 - 78545] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78540. (a) There is hereby created in the account the Delta Levee Rehabilitation Subaccount. (b) For the purposes of this article, “subaccount” means the Delta Levee Rehabilitation Subaccount created by subdivision (a). (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78540.5.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Delta Levee Rehabilitation Program [78540 - 78545] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

$25 million is transferred from one account to a subaccount to implement this article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Delta Levee Rehabilitation Program [78540 - 78545] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78540.5. The sum of twenty-five million dollars ($25,000,000) is hereby transferred from the account to the subaccount for the purpose of implementing this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78541.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Delta Levee Rehabilitation Program [78540 - 78545] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The money in the subaccount is continuously appropriated to the department, without regard to fiscal years, for two $12.5 million purposes: local assistance for delta levee maintenance and special flood protection projects and related administration.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Delta Levee Rehabilitation Program [78540 - 78545] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78541. Notwithstanding Section 13340 of the Government Code, the money in the subaccount is hereby continuously appropriated, without regard to fiscal years, to the department, as follows: (a) Twelve million five hundred thousand dollars ($12,500,000) for local assistance under the delta levee maintenance subventions program under Part 9 (commencing with Section 12980) of Division 6, and for the administration of that assistance. (b) Twelve million five hundred thousand dollars ($12,500,000) for special flood protection projects under Chapter 2 (commencing with Section 12310) of Part 4.8 of Division 6, subsidence studies and monitoring, and for the administration of this subdivision. Allocation of these funds shall be for flood protection projects on Bethel, Bradford, Holland, Hotchkiss, Jersey, Sherman, Twitchell, and Webb Islands, and at other locations in the delta. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78542.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Delta Levee Rehabilitation Program [78540 - 78545] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Funds spent under this article must comply with Chapter 1.5 (starting at Section 12306) of Part 4.8 of Division 6.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Delta Levee Rehabilitation Program [78540 - 78545] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78542. The expenditure of funds under this article is subject to Chapter 1.5 (commencing with Section 12306) of Part 4.8 of Division 6. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78543.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Delta Levee Rehabilitation Program [78540 - 78545] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Funds may not be spent under this article unless the Department of Fish and Game gives a written determination meeting the stated habitat and aquatic-species findings.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Delta Levee Rehabilitation Program [78540 - 78545] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78543. (a) No expenditure of funds may be made under this article unless the Department of Fish and Game makes a written determination as part of its review and approval of a plan or project pursuant to Section 12314 or 12987 that the proposed expenditures are consistent with a net long-term habitat improvement program, and have a net benefit for aquatic species in the delta. The Department of Fish and Game shall make its determination in a reasonable and timely manner following the submission of the project or plan to that department. For the purposes of this article, an expenditure may include more than one levee project or plan. (b) The memorandum of understanding entered into pursuant to Section 12307 shall be amended to require, in accordance with this section, that projects or plans be consistent with a net long-term habitat improvement program in the delta. The memorandum of understanding shall define the term “net long-term habitat improvement program in the delta” for purposes of this section. The memorandum of understanding in effect prior to the amendment required by this section shall continue to apply to levee projects and plans until the memorandum of understanding is amended. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78544.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Delta Levee Rehabilitation Program [78540 - 78545] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

For this article, a levee project includes levee improvements and related habitat improvements that may be done in the delta at a different location than the levee improvement itself.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Delta Levee Rehabilitation Program [78540 - 78545] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78544. For the purposes of this article, a levee project includes levee improvements and related habitat improvements which may be undertaken in the delta at a location other than the location of that levee improvement. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78545.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Delta Levee Rehabilitation Program [78540 - 78545] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Funds spent under this article must result in levee rehabilitation improvement projects that are, as far as possible, consistent with the CALFED program.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Delta Levee Rehabilitation Program [78540 - 78545] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78545. The expenditure of funds under this article shall result in levee rehabilitation improvement projects that, to the greatest extent possible, are consistent with the CALFED program. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78550.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. South Delta Barriers Program [78550 - 78552] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section creates the South Delta Barriers Subaccount and defines “subaccount” to mean that subaccount for this article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. South Delta Barriers Program [78550 - 78552] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78550. (a) There is hereby created in the account the South Delta Barriers Subaccount. (b) For the purposes of this article, “subaccount” means the South Delta Barriers Subaccount created by subdivision (a). (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78550.5.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. South Delta Barriers Program [78550 - 78552] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

$10 million is transferred from one account to a subaccount to implement this article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. South Delta Barriers Program [78550 - 78552] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78550.5. The sum of ten million dollars ($10,000,000) is hereby transferred from the account to the subaccount for the purpose of implementing this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78551.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. South Delta Barriers Program [78550 - 78552] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Money in the subaccount is continuously appropriated to the department for specified South Delta Barriers Program costs and administration, but funds may not be spent unless the Department of Fish and Game first determines in writing that a net habitat benefit will result.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. South Delta Barriers Program [78550 - 78552] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78551. (a) Notwithstanding Section 13340 of the Government Code, the money in the subaccount is hereby continuously appropriated, without regard to fiscal years, to the department, to pay the costs incurred by the department that are not attributable to the State Water Project’s or the Central Valley Project’s share of costs for the South Delta Barriers Program, and for the administration of this article. (b) The costs identified in subdivision (a) include costs incurred for the purpose of mitigating non-State Water Project or non-Central Valley Project impacts and for the purpose of environmental enhancement in the delta. (c) No funds shall be expended under this article unless the Department of Fish and Game determines, in writing, that a net habitat benefit will result. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78552.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. South Delta Barriers Program [78550 - 78552] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

No more than 3% of the money deposited in the subaccount may be used for administering this article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. South Delta Barriers Program [78550 - 78552] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78552. Not more than 3 percent of the total amount deposited in the subaccount may be used to pay the costs incurred in connection with the administration of this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78560.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Delta Recreation Program [78560 - 78568] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section creates the Delta Recreation Subaccount and defines “subaccount” for this article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Delta Recreation Program [78560 - 78568] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78560. (a) There is hereby created in the account the Delta Recreation Subaccount. (b) For the purposes of this article, “subaccount” means the Delta Recreation Subaccount created by subdivision (a). (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78560.5.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Delta Recreation Program [78560 - 78568] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

$2,000,000 is transferred from the account to the subaccount to implement this article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Delta Recreation Program [78560 - 78568] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78560.5. The sum of two million dollars ($2,000,000) is hereby transferred from the account to the subaccount for the purposes of implementing this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78562.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Delta Recreation Program [78560 - 78568] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Money in the subaccount is continuously appropriated to the Department of Parks and Recreation for delta public access, recreation, and administration of this article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Delta Recreation Program [78560 - 78568] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78562. Notwithstanding Section 13340 of the Government Code, the money in the subaccount is hereby continuously appropriated, without regard to fiscal years, to the Department of Parks and Recreation to provide for, and improve, public access to, and to maximize public recreational opportunities on, the lands and waters of the delta in a way that is consistent with existing uses of the islands, sound resource conservation principles, and appropriate protection for the rights of private property owners, and for the administration of this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78564.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Delta Recreation Program [78560 - 78568] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The Department of Parks and Recreation may use subaccount funds to give grants to local public agencies and nonprofit organizations for certain land acquisitions and public access improvements in the delta.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Delta Recreation Program [78560 - 78568] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78564. The Department of Parks and Recreation may use funds in the subaccount for grants to local public agencies and nonprofit organizations for the purposes of acquiring fee title, development rights, easements, or other interests in land located in the delta to provide for, or improve, public access in the delta. The amount of any grant and the degree of local participation shall be determined by the fiscal resources of the grant applicant, the degree of public benefit provided by the proposed project, and other factors prescribed by the Department of Parks and Recreation. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78565.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Delta Recreation Program [78560 - 78568] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Acquisitions under this article must be from willing sellers.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Delta Recreation Program [78560 - 78568] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78565. Any acquisition pursuant to this article shall be from willing sellers. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78566.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Delta Recreation Program [78560 - 78568] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The Department of Parks and Recreation may adopt regulations to carry out this article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Delta Recreation Program [78560 - 78568] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78566. The Department of Parks and Recreation may adopt regulations to carry out this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78568.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Delta Recreation Program [78560 - 78568] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

No more than 3% of money deposited in the subaccount may be used to pay administration costs for this article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Delta Recreation Program [78560 - 78568] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78568. Not more than 3 percent of the total amount deposited in the subaccount may be used to pay the costs incurred in connection with the administration of this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78570.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 7. CALFED Bay-Delta Program [78570 - 78572] ( Article 7 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section creates the CALFED Subaccount in the account and defines “subaccount” for this article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 7. CALFED Bay-Delta Program [78570 - 78572] ( Article 7 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78570. (a) There is hereby created in the account the CALFED Subaccount. (b) For the purposes of this article, “subaccount” means the CALFED Subaccount created by subdivision (a). (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78571.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 7. CALFED Bay-Delta Program [78570 - 78572] ( Article 7 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

$3,000,000 is transferred from one account to a subaccount for Section 78572.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 7. CALFED Bay-Delta Program [78570 - 78572] ( Article 7 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78571. The sum of three million dollars ($3,000,000) is hereby transferred from the account to the subaccount for the purposes of Section 78572. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78572.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 7. CALFED Bay-Delta Program [78570 - 78572] ( Article 7 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Money in the subaccount is continuously appropriated to the department to pay the state’s share of costs for the CALFED Bay-Delta Program.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 4. Delta Improvement Program [78525 - 78572] ( Chapter 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 7. CALFED Bay-Delta Program [78570 - 78572] ( Article 7 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78572. Notwithstanding Section 13340 of the Government Code, the money in the subaccount is continuously appropriated, without regard to fiscal years, to the department, for the purpose of paying for the state’s share of costs incurred in connection with the CALFED Bay-Delta Program. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78601.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 1. General Provisions [78601 - 78603.5] ( Article 1 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section defines “account” for this chapter as the Clean Water and Water Recycling Account created by Section 78602, unless the context requires otherwise.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 1. General Provisions [78601 - 78603.5] ( Article 1 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78601. Unless the context otherwise requires, as used in this chapter, “account” means the Clean Water and Water Recycling Account created by Section 78602. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78602.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 1. General Provisions [78601 - 78603.5] ( Article 1 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The provision creates the Clean Water and Water Recycling Account in the fund and transfers $235,000,000 into it.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 1. General Provisions [78601 - 78603.5] ( Article 1 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78602. The Clean Water and Water Recycling Account is hereby created in the fund. The sum of two hundred thirty-five million dollars ($235,000,000) is hereby transferred from the fund to the account. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78603.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 1. General Provisions [78601 - 78603.5] ( Article 1 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The board may adopt regulations to carry out specified articles and sections of this chapter.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 1. General Provisions [78601 - 78603.5] ( Article 1 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78603. The board may adopt regulations to carry out Article 2 (commencing with Section 78610), Article 3 (commencing with Section 78620), Sections 78640 to 78644, inclusive, Article 5 (commencing with Section 78647), and Article 6 (commencing with Section 78648). (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78603.5.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 1. General Provisions [78601 - 78603.5] ( Article 1 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The Department of Food and Agriculture may adopt regulations to carry out Section 78645.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 1. General Provisions [78601 - 78603.5] ( Article 1 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78603.5. The Department of Food and Agriculture may adopt regulations to carry out Section 78645. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78610.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Clean Water Loans and Grants [78610 - 78619] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section defines terms used in the Clean Water Loans and Grants article, including eligible project, federal assistance, municipality, small community, and treatment works.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Clean Water Loans and Grants [78610 - 78619] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78610. Unless the context otherwise requires, the following definitions govern the construction of this article: (a) “Eligible project” means a project or activity described in paragraph (1), (2), (3), or (4) of subdivision (a) of Section 13480 that is all of the following: (1) Necessary to prevent water pollution or to reclaim water. (2) Eligible for funds from the State Revolving Fund Loan Account or federal assistance. (3) Certified by the board as entitled to priority over other eligible projects. (4) Complies with applicable water quality standards, policies, and plans. (b) “Federal assistance” means money provided to a municipality, either directly or through allocation by the state, from the federal government to construct eligible projects pursuant to the Clean Water Act. (c) “Municipality” has the same meaning as defined in the Clean Water Act and also includes the state or any agency, department, or political subdivision thereof, and applicants eligible for assistance under Sections 1329 and 1330 of Title 33 of the United States Code. (d) “Small community” means a municipality with a population of 5,000 persons or less, or a reasonably isolated and divisible segment of a larger municipality encompassing 5,000 persons or less, with a financial hardship as determined by the board. (e) “Treatment works” has the same meaning as defined in the Clean Water Act. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78611.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Clean Water Loans and Grants [78610 - 78619] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section creates two subaccounts: the State Revolving Fund Loan Subaccount and the Small Communities Grant Subaccount.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Clean Water Loans and Grants [78610 - 78619] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78611. There is hereby created in the account both of the following subaccounts: (a) The State Revolving Fund Loan Subaccount. (b) The Small Communities Grant Subaccount. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78612.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Clean Water Loans and Grants [78610 - 78619] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The board may carry out studies and related work needed or desirable for this article, and may prepare recommendations.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Clean Water Loans and Grants [78610 - 78619] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78612. The board may, by contract or otherwise, undertake plans, surveys, research, development, and studies necessary or desirable to carry out this article, and may prepare recommendations with regard thereto, including the preparation of comprehensive statewide or areawide studies and reports on the collection, treatment, and disposal of waste under a comprehensive cooperative plan. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78612.5.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Clean Water Loans and Grants [78610 - 78619] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

No more than 3% of the money deposited in the two named subaccounts may be used for the listed purposes.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Clean Water Loans and Grants [78610 - 78619] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78612.5. Not more than 3 percent of the total amount deposited in the State Revolving Fund Loan Subaccount and the Small Communities Grant Subaccount may be used for both of the following purposes: (a) To pay the costs incurred in connection with the administration of this article. (b) For the purposes of Section 78612. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78613.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Clean Water Loans and Grants [78610 - 78619] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section moves money into two water program subaccounts and gives the board transfer authority over certain funds.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Clean Water Loans and Grants [78610 - 78619] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78613. The following amounts are hereby transferred from the account to the State Revolving Fund Loan Subaccount and the Small Communities Grant Subaccount and, notwithstanding Section 13340 of the Government Code, continuously appropriated, without regard to fiscal years, from the subaccounts to the board: (a) Eighty million dollars ($80,000,000) to the State Revolving Fund Loan Subaccount for the purposes of providing loans pursuant to the Clean Water Act, to aid in the construction or implementation of eligible projects, and for the purposes described in Section 78612. (b) Thirty million dollars ($30,000,000) to the Small Communities Grant Subaccount for grants by the board to small communities for construction of eligible treatment works. If, in the judgment of the board, the money in the Small Communities Grant Subaccount will not be expended within a reasonable time, the board may transfer the money to the State Revolving Fund Loan Subaccount to be used for any of the purposes specified in subdivision (a). (c) The board may transfer unallocated funds from the State Revolving Fund Loan Subaccount to the State Water Pollution Control Revolving Fund for the purposes of meeting federal requirements for state matching funds to provide loans in accordance with the Clean Water Act. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78614.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Clean Water Loans and Grants [78610 - 78619] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The board may make loans to municipalities by contract to help construct or implement eligible projects.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Clean Water Loans and Grants [78610 - 78619] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78614. For purposes of subdivision (a) of Section 78613, the board may make loans to municipalities, pursuant to contract, to aid in the construction or implementation of eligible projects. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78615.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Clean Water Loans and Grants [78610 - 78619] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The board may make grants to small communities, subject to a 97.5% combined federal and state cost limit and a $3,500,000 cap per single project.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Clean Water Loans and Grants [78610 - 78619] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78615. For purposes of subdivision (b) of Section 78613, the board may make grants to small communities so that any combined federal and state grant does not exceed 971/2 percent of the eligible cost of necessary studies, planning, design, and construction of the eligible project determined in accordance with applicable state law and regulations. The total amount of grants made pursuant to subdivision (b) of Section 78613, for any single project, may not exceed three million five hundred thousand dollars ($3,500,000). (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78616.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Clean Water Loans and Grants [78610 - 78619] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Contracts for loans or grants under this article may include board-set provisions and must include several required terms, including project cost estimates, assistance details, board payment terms, and public-entity performance commitments.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Clean Water Loans and Grants [78610 - 78619] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78616. Any contract entered into pursuant to this article for loans or grants may include provisions determined by the board, and shall include all of the following provisions: (a) An estimate of the reasonable cost of the project. (b) A description of the type of assistance being offered. (c) An agreement by the board to pay to the entity, during the progress of the project or following completion, as agreed upon by the parties, the amount specified in the contract determined pursuant to applicable federal and state laws and regulations. (d) An agreement by the public entity to proceed expeditiously with, and complete, the project, commence operation of the project upon completion, properly operate and maintain the project in accordance with applicable provisions of law, and provide for payment of the public entity’s share of the cost of the project. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78617.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Clean Water Loans and Grants [78610 - 78619] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Contracts for loans or grants under this article must meet two requirements: public entities must show the board that there was an adequate chance for public participation, and project elections must include the whole municipality unless the assistance is accepted only for specific portions of it.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Clean Water Loans and Grants [78610 - 78619] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78617. All contracts entered into pursuant to this article for loans or grants are also subject to both of the following requirements: (a) Public entities seeking assistance shall demonstrate, to the satisfaction of the board, that an adequate opportunity for public participation regarding the project has been provided. (b) Any election held with respect to the project shall include the voters of the entire municipality unless the municipality proposes to accept the assistance on behalf of a specified portion or portions of the municipality, in which case the election shall be held in that portion or portions of the municipality only. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78618.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Clean Water Loans and Grants [78610 - 78619] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Loans under Section 78613(a) must be for no more than 20 years, and the interest rate must follow Section 13480.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Clean Water Loans and Grants [78610 - 78619] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78618. Any loan made pursuant to subdivision (a) of Section 78613 shall be for a period not to exceed 20 years, with an interest rate set in accordance with Section 13480. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78619.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Clean Water Loans and Grants [78610 - 78619] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Payments of principal and interest received under loan contracts for this article must go into the State Revolving Fund Loan Subaccount and must not be moved to the General Fund.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Clean Water Loans and Grants [78610 - 78619] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78619. All principal and interest payments received pursuant to loan contracts entered into pursuant to this article shall be deposited in the State Revolving Fund Loan Subaccount for additional loans under subdivision (a) of Section 78613, and shall not be transferred to the General Fund. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78620.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Recycling Program [78620 - 78630] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section defines “eligible recycling project” and “subaccount” for the article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Recycling Program [78620 - 78630] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78620. Unless the context otherwise requires, the following definitions govern the construction of this article: (a) “Eligible recycling project” means a water reclamation project that meets applicable reclamation criteria and water reclamation requirements and that complies with applicable water quality standards, policies, and plans. (b) “Subaccount” means the Water Recycling Subaccount created by Section 78621. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78621.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Recycling Program [78620 - 78630] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section creates the Water Recycling Subaccount, transfers $60 million into it, and makes the money continuously available to the board for specified recycling-project loans and grants.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Recycling Program [78620 - 78630] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78621. (a) (1) There is hereby created in the account the Water Recycling Subaccount. The sum of sixty million dollars ($60,000,000) is hereby transferred from the account to the subaccount for the purpose of implementing this article. (2) All money repaid to the state pursuant to any contract executed under the Clean Water and Water Reclamation Bond Law of 1988 (Chapter 17 (commencing with Section 14050) of Division 7) shall be deposited in the Water Recycling Subaccount in the Clean Water and Water Recycling Account in the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Bond Fund created by Section 79136, for the purposes set forth in Article 4 (commencing with Section 79135) of Chapter 7 of Division 26. (b) Notwithstanding Section 13340 of the Government Code, the money in the subaccount is hereby continuously appropriated, without regard to fiscal years, to the board for loans to public agencies to construct, operate, and maintain eligible recycling projects, for loans to aid in the design and construction of eligible recycling projects, for grants in accordance with Section 78628, and for the purposes described in Section 78629 and subdivision (a) of Section 78630. (Amended by Stats. 1999, Ch. 725, Sec. 4. Amendment approved in Proposition 13 at the March 7, 2000, election. Note: This section was added by Stats. 1996, Ch. 135, and approved in Prop. 204 on Nov. 5, 1996.)
78622.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Recycling Program [78620 - 78630] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The board may enter into contracts to make loans to public agencies for the purposes in this article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Recycling Program [78620 - 78630] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78622. The board may enter into contracts to make loans to public agencies for the purposes set forth in this article. Factors to be considered by the board in determining whether to enter into a contract under this article may include, but are not limited to, whether the project is cost-effective or necessary to protect water quality. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78623.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Recycling Program [78620 - 78630] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Loan contracts under Section 78622 may include board-determined provisions and must include two required provisions.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Recycling Program [78620 - 78630] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78623. Any contract for a loan entered into pursuant to Section 78622 may include those provisions determined by the board to be necessary for purposes of this chapter and shall include both of the following provisions: (a) An estimate of the reasonable cost of the eligible recycling project. (b) An agreement by the public agency to proceed expeditiously with, and complete, the eligible recycling project, commence operation of the project in accordance with applicable provisions of law, and provide for the payment of the public agency’s share of the cost of the project, including the principal of, and interest on, the loan. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78624.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Recycling Program [78620 - 78630] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Loan contracts may not include a moratorium on principal or interest, loans under Section 78622 may not exceed 20 years, and the board may finance up to 100% of eligible recycling project design and construction costs.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Recycling Program [78620 - 78630] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78624. (a) A contract for a loan may not provide for a moratorium on the payment of the principal of, or interest on, the loan. (b) Any loan made pursuant to Section 78622 shall be for a period not to exceed 20 years. (c) The board may enter into a contract for a loan of up to 100 percent of the total eligible cost of design and construction of an eligible recycling project. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78625.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Recycling Program [78620 - 78630] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The board must set the loan interest rate for this article at 50% of the state’s most recent general obligation bond rate, round it up to the next tenth of 1% if needed, and keep that rate for the full repayment period.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Recycling Program [78620 - 78630] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78625. (a) The board shall establish the interest rate for a loan made pursuant to this article at a rate equal to 50 percent of the interest rate paid by the state on the most recent sale of state general obligation bonds, to be computed according to the true interest cost method. (b) If the interest rate so determined is not a multiple of one-tenth of 1 percent, the interest rate shall be set at the next higher multiple of one-tenth of 1 percent. (c) The interest rate set for each contract shall be applied throughout the repayment period of the contract. There shall be a level annual repayment of principal and interest on the loans. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78626.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Recycling Program [78620 - 78630] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Certain funds in the subaccount must be moved to the Water Recycling Subaccount, and repayments on loan contracts under this article must be deposited there.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Recycling Program [78620 - 78630] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78626. Unallocated funds remaining in the subaccount on March 8, 2000, and any funds deposited into the subaccount after that date, shall be transferred to, and all money repaid to the state pursuant to any loan contract executed under this article shall be deposited in, the Water Recycling Subaccount in the Clean Water and Water Recycling Account in the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Bond Fund for the purposes set forth in Section 79140. (Repealed and added by Stats. 1999, Ch. 725, Sec. 6. Approved in Proposition 13 at the March 7, 2000, election.)
78627.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Recycling Program [78620 - 78630] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Interest earned by assets in the subaccount must be deposited back into the subaccount.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Recycling Program [78620 - 78630] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78627. All interest earned by assets in the subaccount shall be deposited in the subaccount. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78628.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Recycling Program [78620 - 78630] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The board may give grants to public agencies for facility planning studies for water reclamation projects, but each study’s grant amount may not exceed $75,000.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Recycling Program [78620 - 78630] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78628. The board may make grants to public agencies for facility planning studies for water reclamation projects. The amount of the grants may not exceed seventy-five thousand dollars ($75,000) per study. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78629.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Recycling Program [78620 - 78630] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The board may carry out planning, surveys, research, development, studies, and related recommendations for water recycling and wastewater programs.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Recycling Program [78620 - 78630] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78629. The board may, by contract or otherwise, undertake plans, surveys, research, development, and studies necessary, convenient, or desirable to carry out the purposes of this article, and may prepare recommendations with regard thereto, including the preparation of comprehensive statewide or areawide studies and reports on water recycling and the collection, treatment, disposal, and distribution of wastewater under a comprehensive cooperative plan. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78630.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Recycling Program [78620 - 78630] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

No more than 3% of the total deposited in the subaccount may be used.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Recycling Program [78620 - 78630] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78630. Not more than 3 percent of the total amount deposited in the subaccount may be used to pay for both of the following purposes: (a) To pay the costs incurred in connection with the administration of this article. (b) For the purposes of Section 78629. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78640.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Drainage Management [78640 - 78645.7] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section defines key terms used in the drainage management article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Drainage Management [78640 - 78645.7] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78640. Unless the context otherwise requires, the following definitions govern the construction of this article: (a) (1) “Drainage water management units” means land and facilities for the treatment, storage, conveyance, reduction, or disposal of agricultural drainage water which, if discharged untreated, would pollute or threaten to pollute the waters of the state. (2) Drainage water management units shall include one or more of the following: (A) A surface impoundment that is designed to hold an accumulation of drainage water, including, but not limited to, holding, storage, settling, and aeration pits, and lagoons. A surface impoundment does not include a landfill, a land farm, a pile, an emergency containment dike, tank, injection well, evaporation pond, or percolation pond. (B) Conveyance facilities to the treatment or storage site, including devices for flow regulation. (C) Facilities or works to treat agricultural drainage water to remove or substantially reduce the level of constituents which pollute or threaten to pollute the waters of the state, including, but not limited to, processes utilizing ion exchange, desalting technologies such as reverse osmosis, and biological treatment. (D) Facilities or works to reduce the amount of agricultural drainage water discharged, including, but not limited to, source control projects. (E) Diked areas or cells that are (i) used for the purpose of water conservation, water management, or environmental mitigation and (ii) located within inland bodies of saline water in Imperial and Riverside Counties. (3) Any or all of the drainage water management units, including the land under the unit, may consist of separable features, or an appropriate share of multipurpose features, of a larger system, or both. (4) Drainage water management units do not include facilities for the direct discharge of agricultural drainage water to the bay-delta or Pacific Ocean. (b) “Local agency” or “agency” means any city, county, district, joint powers authority, or other political subdivision of the state involved with water management. (c) “Project” means drainage water management units. (d) “Subaccount” means the Drainage Management Subaccount created by Section 78641. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78641.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Drainage Management [78640 - 78645.7] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

A Drainage Management Subaccount is created in the account, and $30 million is transferred from the account to that subaccount to implement this article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Drainage Management [78640 - 78645.7] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78641. There is hereby created in the account the Drainage Management Subaccount. The sum of thirty million dollars ($30,000,000) is hereby transferred from the account to the subaccount for the purpose of implementing this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78642.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Drainage Management [78640 - 78645.7] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The board receives two continuous appropriations to fund loans and grants for local water drainage projects.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Drainage Management [78640 - 78645.7] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78642. (a) Notwithstanding Section 13340 of the Government Code, the sum of twenty-seven million five hundred thousand dollars ($27,500,000) in the subaccount is hereby continuously appropriated, without regard to fiscal years, to the board, for loans to local agencies to aid in the construction of drainage water management units for the treatment, storage, or disposal of agricultural drainage water, and for the purposes described in Section 78644. Priority shall be given to funding source reduction projects and programs. (b) Notwithstanding Section 13340 of the Government Code, the sum of two million five hundred thousand dollars ($2,500,000) in the subaccount is hereby continuously appropriated, without regard to fiscal years, to the board, for grants to local agencies for the purpose of providing the nonfederal share of the costs specified in Section 1101 of Public Law 102-575. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78643.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Drainage Management [78640 - 78645.7] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The board may make and structure loans for eligible water projects, but loans are capped and must follow specified repayment, participation, election, and interest-rate rules.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Drainage Management [78640 - 78645.7] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78643. (a) The board may loan an agency up to 100 percent of the total eligible costs of design and construction of an eligible project. (b) Any contract for an eligible project entered into pursuant to this article may include provisions as determined by the board to be necessary and shall include, but not be limited to, all of the following provisions: (1) An estimate of the reasonable cost of the eligible project. (2) An agreement by the agency to do all of the following: (A) Proceed expeditiously with, and complete, the eligible project. (B) Commence operation of the containment structures or treatment works upon completion and to properly operate and maintain the works in accordance with applicable provisions of law. (C) Provide for payment of the agency’s share of the cost of the project, including principal and interest on any state loan made pursuant to this article. (D) If appropriate, apply for, and make reasonable efforts to secure, federal assistance for the state-assisted project. (c) All loans made pursuant to this article are subject to all of the following provisions: (1) Agencies seeking a loan shall demonstrate, to the satisfaction of the board, that an adequate opportunity for public participation regarding the loan has been provided. (2) Any election held with respect to the loan shall include the voters of the entire agency except where the agency proposes to accept the loan on behalf of a specified portion, or portions, of the agency, in which case the election shall be held in that portion or portions of the agency only. (3) Loan contracts may not provide a moratorium on payment of principal or interest. (4) Loans shall be for a period of not more than 20 years. The interest rate for the loans shall be set at a rate equal to 50 percent of the interest rate paid by the state on the most recent sale of state general obligation bonds, to be computed according to the true interest cost method. If the interest rate so determined is not a multiple of one-tenth of 1 percent, the interest rate shall be set at the next higher multiple of one-tenth of 1 percent. The interest rate set for each contract shall be applied throughout the repayment period of the contract. There shall be a level annual repayment of principal and interest on loans. (5) No single project may receive more than five million dollars ($5,000,000) in loan proceeds from the board under this act and the Water Conservation and Water Quality Bond Law of 1986 (Chapter 6.1 (commencing with Section 13450) of Division 7). (d) The board may make loans to local agencies, at the interest rates authorized under this article and under any terms and conditions as may be determined necessary by the board, for purposes of financing feasibility studies of projects potentially eligible for funding under this article. No single project shall be eligible to receive more than one hundred thousand dollars ($100,000), and not more than 3 percent of the total amount of bonds authorized to be expended for the purposes of this article may be expended for loans to finance feasibility studies. A loan for a feasibility study shall not decrease the maximum amount of any other loan which may be made under this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78644.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Drainage Management [78640 - 78645.7] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The board may use contracts or other means to carry out plans, surveys, research, development, and studies needed for subdivision (a) of Section 78642.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Drainage Management [78640 - 78645.7] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78644. The board may, by contract or otherwise, undertake plans, surveys, research, development, and studies necessary, convenient, or desirable to carry out subdivision (a) of Section 78642. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78645.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Drainage Management [78640 - 78645.7] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Unallocated money in the specified drainage water account must be transferred to the subaccount, and those transferred funds are continuously appropriated to the Department of Food and Agriculture for drainage-water reuse and toxic-material reduction programs.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Drainage Management [78640 - 78645.7] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78645. (a) Any unallocated money remaining in the Agricultural Drainage Water Account in the 1986 Water Conservation and Water Quality Bond Fund on November 6, 1996, and any unallocated money deposited into that account from the sale of any bonds that are sold after November 6, 1996, shall be transferred to the subaccount. For the purpose of this section “unallocated money” means money not committed or appropriated as of November 6, 1996, which is not less than six million one hundred seventy-seven thousand dollars ($6,177,000). (b) Notwithstanding Section 13340 of the Government Code, any funds that are transferred pursuant to subdivision (a) to the subaccount are hereby continuously appropriated, without regard to fiscal years, to the Department of Food and Agriculture for programs to develop methods of using drainage water and reducing toxic materials in drainage water through reuse of the water and the use of the remaining salts. Priority shall be given to source reduction projects and programs. (Amended by Stats. 1997, Ch. 566, Sec. 5. Effective September 29, 1997. Note: This section was added by Stats. 1996, Ch. 135, and approved in Prop. 204 on Nov. 5, 1996.)
78645.5.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Drainage Management [78640 - 78645.7] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The board may use no more than 3% of the subaccount money for the two listed purposes.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Drainage Management [78640 - 78645.7] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78645.5. Not more than 3 percent of the total amount deposited in the subaccount for the use of the board may be used to pay for both of the following purposes: (a) To pay the costs incurred by the board in connection with the administration of this article. (b) For the purposes of Section 78644. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78645.7.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Drainage Management [78640 - 78645.7] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The Department of Food and Agriculture may use no more than 3 percent of the subaccount funds for costs of administering this article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Drainage Management [78640 - 78645.7] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78645.7. Not more than 3 percent of the total amount deposited in the subaccount for the use of the Department of Food and Agriculture may be used to pay the costs incurred by that department in connection with the administration of this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78647.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Delta Tributary Watershed Program [78647 - 78647.16] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section creates the Delta Tributary Watershed Subaccount, transfers $15 million into it, and makes the money continuously available to the board for eligible-project grants and administering the article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Delta Tributary Watershed Program [78647 - 78647.16] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78647. (a) (1) There is hereby created in the account the Delta Tributary Watershed Subaccount. (2) For the purposes of this article, “subaccount” means the Delta Tributary Watershed Subaccount created by paragraph (1). (3) The sum of fifteen million dollars ($15,000,000) is hereby transferred from the account to the subaccount for the purposes of implementing this article. (b) Notwithstanding Section 13340 of the Government Code, the money in the subaccount is hereby continuously appropriated, without regard to fiscal year, to the board for grants for eligible projects in accordance with this article, and for the administration of this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78647.10.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Delta Tributary Watershed Program [78647 - 78647.16] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The board must decide on an application within 120 days, provide written findings, and explain any disapproval in writing.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Delta Tributary Watershed Program [78647 - 78647.16] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78647.10. (a) After providing notice and an opportunity for public comment with regard to an application submitted under Section 78647.6, the board shall approve or disapprove the application, in whole or in part, not later than 120 days after the date of submission of the application. The board shall prepare, and transmit to the Resources Agency and the applicant, written findings with regard to the recommendations of the Resources Agency. (b) The board may approve an application if the application meets the requirements established under this article. The notice of approval shall include all of the following: (1) The identification of technical, financial, or other assistance that the board agrees to provide to assist in the development or implementation of a project. (2) Any necessary coordination that the board will perform. (3) A description of any funds available for the purpose of developing and implementing the project, including any funds in a water pollution control revolving fund established in connection with Subchapter VI (commencing with Section 1381) of the Clean Water Act. (4) A description of other technical or financial assistance that is available under state or federal law for the purpose of developing or implementing the project. (5) A description of activities that are undertaken, or will be undertaken, to coordinate federal and state programs which are relevant to the watershed that is the subject of the application. (c) If the board disapproves an application submitted under Section 78647.6, the board shall notify the entity submitting the application in writing of the reasons for disapproval. An application may be resubmitted under either of the following circumstances: (1) New information becomes available. (2) Conditions affecting the watershed that is the subject of the application change. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78647.12.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Delta Tributary Watershed Program [78647 - 78647.16] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The board may adopt regulations to implement this article, and those regulations must cover watershed assessment criteria, application submission procedures, and approval or disapproval procedures for applications under Section 78647.6.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Delta Tributary Watershed Program [78647 - 78647.16] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78647.12. The board may adopt regulations to implement this article. The regulations shall include all of the following: (a) Criteria for the assessment of watershed areas. (b) Procedures for the submission of applications. (c) Procedures for the approval or disapproval of an application submitted under Section 78647.6. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78647.14.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Delta Tributary Watershed Program [78647 - 78647.16] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Grant recipients must submit a completion report to the board, and the board must make that report available to interested federal, state, and local agencies.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Delta Tributary Watershed Program [78647 - 78647.16] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78647.14. Grant recipients shall submit a report on completion of the project to the board indicating whether the purposes of the project have been met. The board shall make the report available to interested federal, state, and local agencies. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78647.16.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Delta Tributary Watershed Program [78647 - 78647.16] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

No more than 3% of the money deposited in the subaccount may be used for administration costs.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Delta Tributary Watershed Program [78647 - 78647.16] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78647.16. Not more than 3 percent of the total amount deposited in the subaccount may be used to pay the costs incurred in connection with the administration of this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78647.2.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Delta Tributary Watershed Program [78647 - 78647.16] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The board must run a program for watershed rehabilitation assistance, consult resource agencies, and consider the Resources Agency’s recommendation. Counties or certain joint powers authorities may apply, and if they decline after a request, another local public agency may apply.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Delta Tributary Watershed Program [78647 - 78647.16] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78647.2. (a) The board shall administer a program under which a county, or a joint powers authority in which a county is a participant, may submit an application to the board for an eligible project requesting financial or technical assistance for the purpose of developing a voluntary, incentive-based watershed rehabilitation project. The board shall consult with other federal and state resource agencies, including, but not limited to, the Department of Fish and Game and the Department of Forestry and Fire Protection, in the administration of the program. The Resources Agency shall make a written recommendation to the board regarding each application. The board shall consider the recommendations of the Resources Agency and include, when appropriate, the recommendation in the board’s final decision. (b) Notwithstanding subdivision (a), if a county, or a joint powers authority in which a county is a participant, after a request to do so by a local public agency, declines to submit an application for an eligible project for a watershed that is all or in part within the boundaries of the county, a local public agency other than the county or that joint powers agency may submit an application in accordance with subdivision (a). (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78647.4.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Delta Tributary Watershed Program [78647 - 78647.16] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section defines “eligible project” and “delta tributary watershed” for the article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Delta Tributary Watershed Program [78647 - 78647.16] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78647.4. (a) “Eligible project” means a watershed rehabilitation project undertaken on lands owned or operated by the federal, state, or a local government, or a private person or entity within the delta tributary watershed. (b) For the purposes of this article, “delta tributary watershed” means a watershed which drains into the delta or the Trinity River. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78647.5.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Delta Tributary Watershed Program [78647 - 78647.16] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Eligible projects must include at least one listed purpose, such as reducing drinking-water contaminants, increasing watershed water yield and retention, improving fisheries habitat, or improving forest health.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Delta Tributary Watershed Program [78647 - 78647.16] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78647.5. An eligible project shall include one or more of the following purposes: (a) A reduction in the presence of contaminants in drinking water by addressing the origins of the contaminants, including, to the maximum extent practicable, the specific activities that affect the drinking water supply of a community or communities. A project with a purpose described in this subdivision shall address contaminants, including those that are pathogenic organisms, for which a national primary drinking water regulation has been established, and that are detected in the community water system for which the application is submitted at levels above the maximum contaminant level or that are detected by adequate monitoring methods at levels that are not reliably and consistently below the maximum contaminant level. (b) An increase in the yield of water available from, and water retention capabilities of, the watershed, including projects to reduce dense forest understory, restore upland meadows, and repair stream channels. (c) The improvement, restoration, or enhancement of fisheries habitat, including riparian habitat, in and along streams and watercourses in the watershed. Projects may address factors which increase sedimentation in streams and watercourses in the watershed. (d) The improvement of overall forest health, including the reduction of factors which may contribute to the severity of wildfires in the watershed. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78647.6.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Delta Tributary Watershed Program [78647 - 78647.16] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Projects funded under this article must follow state and federal law and may not degrade water quality. Applications to the board must include specified project information, and projects must include voluntary and incentive-based long-term watershed rehabilitation strategies.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Delta Tributary Watershed Program [78647 - 78647.16] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78647.6. (a) Every project funded under this article shall comply with state and federal law, regulations, and policies, and shall not degrade the quality of any waters of the state. (b) An application submitted to the board under this article shall include all of the following information: (1) An identification of any deficiencies in information that may impair the development or implementation of a project. (2) A discussion of the efforts undertaken to implement the project and to obtain the participation of both of the following: (A) Public agencies with relevant responsibilities in the watershed. (B) Persons and entities in the watershed who may be affected by recommendations of the project and whose participation is essential to the success of the project. (3) Evidence in the form of a statement from a private person or entity that that person or entity consents to the inclusion of private property in the project, as appropriate. (4) A monitoring plan to determine whether project purposes are satisfied. (5) An outline of the way in which project participants will, during the development and implementation of the project, identify and take into account any activities being undertaken by persons or entities in the watershed under federal or state law to rehabilitate the watershed. A project shall include voluntary and incentive-based strategies for the long-term rehabilitation of the watershed. (6) An identification of the technical, financial, or other assistance that the applicant will request to develop or implement the project. (7) When feasible, an identification of quantifiable, innovative, and cost-effective methods for achieving project purposes. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78647.7.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Delta Tributary Watershed Program [78647 - 78647.16] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Applications to the board under Section 78647.6 must include watershed-area information and, if needed, contamination-origin information.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Delta Tributary Watershed Program [78647 - 78647.16] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78647.7. An application submitted to the board under Section 78647.6 shall also include the following information: (a) A delineation of the watershed area or areas critical for project purposes using available hydrogeologic or other pertinent information. If no information is available, the project shall conduct, to the extent practicable, vulnerability assessments in the watershed area, including identification of risks to drinking water, a project may use delineations and vulnerability assessments undertaken to identify groundwater sources under a wellhead protection program, surface or groundwater sources under a pesticide management plan, or surface water sources under a state or local watershed initiative, or undertaken in accordance with Subpart H (commencing with Section 141.70) of Part 141 of Title 40 of the Code of Federal Regulations. (b) An identification, to the maximum extent practicable, of the origins of drinking water contaminants that may be addressed by a project, including, to the maximum extent practicable, a description of the specific activities contributing to the presence of the contaminants in the watershed. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78647.8.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Delta Tributary Watershed Program [78647 - 78647.16] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The board may approve grants for eligible projects, but a grant cannot be more than $1,000,000 per project or more than 50% of the applicant’s administrative costs.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Delta Tributary Watershed Program [78647 - 78647.16] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78647.8. The board may approve a grant for an eligible project to develop or implement a project, not to exceed one million dollars ($1,000,000) per project. A grant shall not exceed 50 percent of the administrative costs incurred, or estimated to be incurred, by the applicant in connection with carrying out the project. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78648.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [78648 - 78648.16] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section defines key terms used in the seawater intrusion control article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [78648 - 78648.16] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78648. Unless the context otherwise requires, the following definitions govern the construction of this article: (a) (1) “Eligible seawater intrusion control project” means a project which is all of the following: (A) Necessary to protect groundwater that is (i) within a basin that is subject to a local groundwater management plan for which a review is completed pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and (ii) is threatened by seawater intrusion in an area where restrictions on groundwater pumping, a physical solution, or both, are necessary to prevent the destruction of, or irreparable injury to, groundwater quality. (B) Is cost-effective. In the case of a project to provide a substitute water supply, the project shall be cost-effective as compared to the development of other new sources of water and shall include requirements or measures adequate to ensure that the substitute supply will be used in lieu of previously established extractions or diversions of groundwater. (C) Complies with applicable water quality standards, policies, and plans. (2) Eligible projects may include, but are not limited to, water conservation, freshwater well injection, and substitution of groundwater pumping from local surface supplies. (b) “Local agency” means any city, county, district, joint powers authority, or other political subdivision of the state involved in water management. (c) “Subaccount” means the Seawater Intrusion Control Subaccount created by Section 78648.2. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78648.10.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [78648 - 78648.16] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The board must set the loan interest rate under this article at 50% of the state’s most recent general obligation bond interest rate, rounded up to the next one-tenth of 1% if needed.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [78648 - 78648.16] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78648.10. (a) The board shall establish the interest rate for a loan made pursuant to this article at a rate equal to 50 percent of the interest rate paid by the state on the most recent sale of state general obligation bonds, to be computed according to the true interest cost method. (b) If the interest rate so determined is not a multiple of one-tenth of 1 percent, the interest rate shall be set at the next higher multiple of one-tenth of 1 percent. (c)The interest rate set for each contract shall be applied throughout the repayment period of the contract. There shall be a level annual repayment of principal and interest on the loans. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78648.12.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [78648 - 78648.16] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Certain funds must be moved into the Seawater Intrusion Control Subaccount, and loan repayments to the state under this article must be deposited there.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [78648 - 78648.16] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78648.12. Unallocated funds remaining in the subaccount on March 8, 2000, and any funds deposited into the subaccount after that date, shall be transferred to, and all money repaid to the state pursuant to any loan contract executed under this article shall be deposited in, the Seawater Intrusion Control Subaccount in the Clean Water and Water Recycling Account in the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Bond Fund for the purposes set forth in Article 6 (commencing with Section 79149) of Chapter 7 of Division 26. (Amended by Stats. 2000, Ch. 1078, Sec. 1.5. Effective January 1, 2001. Note: This section was repealed and added by Stats. 1999, Ch. 725, and approved in Prop. 13 on March 7, 2000.)
78648.14.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [78648 - 78648.16] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The board may use contracts or other means to carry out plans, surveys, research, development, and studies for this article’s purposes.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [78648 - 78648.16] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78648.14. The board may, by contract or otherwise, undertake plans, surveys, research, development, and studies necessary, convenient, or desirable to carry out the purposes of this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78648.16.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [78648 - 78648.16] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

No more than 3% of the total amount deposited in the subaccount may be used for administration of the article or for Section 78648.14 purposes.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [78648 - 78648.16] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78648.16. Not more than 3 percent of the total amount deposited in the subaccount may be used to pay for both of the following: (a) To pay the costs incurred in connection with the administration of this article. (b) For the purposes of Section 78648.14. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78648.2.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [78648 - 78648.16] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

A new Seawater Intrusion Control Subaccount is created, $10 million is transferred into it, and the board may use the money for specified loans and administration.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [78648 - 78648.16] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78648.2. (a) There is hereby created in the account the Seawater Intrusion Control Subaccount. The sum of ten million dollars ($10,000,000) is hereby transferred from the account to the subaccount for the purposes of implementing this article. (b) Notwithstanding Section 11340 of the Government Code, the money in the subaccount is hereby continuously appropriated, without regard to fiscal year, to the board for loans to local agencies to carry out eligible seawater intrusion control projects and for the purposes described in this article, and for the administration of this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78648.4.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [78648 - 78648.16] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The board may enter into contracts to make loans to local agencies for the purposes stated in this article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [78648 - 78648.16] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78648.4. The board may enter into contracts to make loans to local agencies for the purposes set forth in this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78648.6.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [78648 - 78648.16] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Loan contracts under this section must include two specified provisions, and the board may require additional provisions it finds necessary for the article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [78648 - 78648.16] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78648.6. Any contract for a loan entered into pursuant to Section 78648.4 may include those provisions determined by the board to be necessary for purposes of this article and shall include both of the following provisions: (a) An estimate of the reasonable cost of the eligible seawater intrusion control project. (b) An agreement by the local agency to proceed expeditiously with, and complete, the eligible seawater intrusion control project, commence operation of the project in accordance with applicable provisions of law, and provide for the payment of the local agency’s share of the cost of the project, including the principal of, and interest on, the loan. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78648.8.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [78648 - 78648.16] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Loan contracts may not allow a moratorium on principal or interest payments, any loan under Section 78648.4 must last no more than 20 years, and the board may finance up to 100% of eligible project design and construction costs.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. Seawater Intrusion Control [78648 - 78648.16] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78648.8. (a) A contract for a loan may not provide for a moratorium on the payment of the principal of, or interest on, the loan. (b) Any loan made pursuant to Section 78648.4 shall be for a period not to exceed 20 years. (c) The board may enter into a contract for a loan up to 100 percent of the total eligible cost of design and construction of an eligible seawater intrusion control project. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78650.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 7. Lake Tahoe Water Quality [78650 - 78650.4] ( Article 7 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

In this article, “subaccount” means the Lake Tahoe Water Quality Subaccount created by Section 78650.2, unless the context otherwise requires.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 7. Lake Tahoe Water Quality [78650 - 78650.4] ( Article 7 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78650. Unless the context otherwise requires, as used in this article, “subaccount” means the Lake Tahoe Water Quality Subaccount created by Section 78650.2. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78650.2.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 7. Lake Tahoe Water Quality [78650 - 78650.4] ( Article 7 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section creates the Lake Tahoe Water Quality Subaccount, transfers $10 million into it, and makes the money continuously available to the California Tahoe Conservancy for specified water-quality and land-improvement purposes.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 7. Lake Tahoe Water Quality [78650 - 78650.4] ( Article 7 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78650.2. (a) There is hereby created in the account the Lake Tahoe Water Quality Subaccount. The sum of ten million dollars ($10,000,000) is hereby transferred from the account to the subaccount for the purpose of implementing this article. (b) Notwithstanding Section 13340 of the Government Code, the money in the subaccount is hereby continuously appropriated, without regard to fiscal years, to the California Tahoe Conservancy for the purposes of directly undertaking, or for grants to public agencies for, land acquisition and improvement programs which control soil erosion, restore watersheds, or preserve environmentally sensitive lands and the natural environment, and related implementation costs, pursuant to Title 7.42 (commencing with Section 66905) of the Government Code. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78650.4.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 7. Lake Tahoe Water Quality [78650 - 78650.4] ( Article 7 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Any acquisition under this article must be from willing sellers.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 5. Clean Water and Water Recycling Program [78601 - 78650.4] ( Chapter 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 7. Lake Tahoe Water Quality [78650 - 78650.4] ( Article 7 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78650.4. Any acquisition pursuant to this article shall be from willing sellers. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78651.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 1. General Provisions [78651 - 78652] ( Article 1 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section defines “account” to mean the Water Supply Reliability Account created by Section 78652, unless the context requires otherwise.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 1. General Provisions [78651 - 78652] ( Article 1 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78651. Unless the context otherwise requires, as used in this chapter, “account” means the Water Supply Reliability Account created by Section 78652. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78652.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 1. General Provisions [78651 - 78652] ( Article 1 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section creates the Water Supply Reliability Account in the fund and transfers $117,000,000 into it.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 1. General Provisions [78651 - 78652] ( Article 1 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78652. The Water Supply Reliability Account is hereby created in the fund. The sum of one hundred seventeen million dollars ($117,000,000) is hereby transferred from the fund to the account. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78655.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Feasibility Projects [78655 - 78657] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section creates the Feasibility Projects Subaccount and transfers $10 million into it.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Feasibility Projects [78655 - 78657] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78655. (a) (1) There is hereby created in the account the Feasibility Projects Subaccount. (2) For the purposes of this article, “subaccount” means the Feasibility Projects Subaccount created by paragraph (1). (b) The sum of ten million dollars ($10,000,000) is hereby transferred from the account to the subaccount for the purpose of implementing this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78656.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Feasibility Projects [78655 - 78657] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Money in the subaccount is continuously appropriated to the department, without regard to fiscal year, for this article and for feasibility and environmental investigations for listed water projects.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Feasibility Projects [78655 - 78657] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78656. Notwithstanding Section 13340 of the Government Code, the money in the subaccount is hereby continuously appropriated, without regard to fiscal year, to the department, for the administration of this article and for feasibility and environmental investigations for any of the following projects: (a) Off-stream storage upstream of the delta that will provide storage and flood control benefits in an environmentally sensitive and cost-effective manner. (b) Regional water recycling that may include partnerships or other cooperative efforts undertaken by water agencies, wastewater dischargers, or other public agencies to collect and reuse treated municipal wastewater for agricultural, industrial, residential, and environmental purposes. (c) Water transfer facilities in a county of the third class that would increase capacity for delivering Colorado River water for use in the southern California coastal plain and reduce demands on the bay-delta. (d) Desalination. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78657.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Feasibility Projects [78655 - 78657] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

No more than 3% of the total deposited in the subaccount may be used for costs of administering this article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Feasibility Projects [78655 - 78657] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78657. Not more than 3 percent of the total amount deposited in the subaccount may be used to pay the costs incurred in connection with the administration of this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78670.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Conservation and Groundwater Recharge [78670 - 78676] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section defines several water-recharge and conservation terms and requires the department to decide whether each proposed project saves water and is cost-effective.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Conservation and Groundwater Recharge [78670 - 78676] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78670. Unless the context otherwise requires, the following definitions govern the construction of this article: (a) (1) “Groundwater recharge facilities” means land and facilities for artificial groundwater recharge through methods which include, but are not limited to, percolation using basins, pits, ditches and furrows, modified streambed, flooding, and well injection and in-lieu recharge. “Groundwater recharge facilities” also means capital outlay expenditures to expand, renovate, or restructure land and facilities already in use for the purpose of groundwater recharge and to acquire additional land for retention and detention basins. (2) Groundwater recharge facilities may include any of the following: (A) Instream facilities for regulation of water levels, but not regulation of streamflow to accomplish diversion from the waterway. (B) Agency-owned facilities for extraction. (C) Conveyance facilities to the recharge site, including devices for flow regulation and measurement of recharge waters. (3) Any part or all of the project facilities, including the land under the facilities, may consist of the separable features, or an appropriate share of multipurpose features, of a larger system, or both. (b) “In-lieu recharge” means accomplishing increased storage of groundwater by providing interruptible surface water to a user who relies on groundwater as a primary supply, to accomplish groundwater storage through the direct use of that surface water in lieu of pumping groundwater. In-lieu recharge is used instead of continuing pumping while artificially recharging with the interruptible surface waters. However, bond proceeds may not be used to purchase surface water for use in lieu of pumping groundwater. (c) “Local agency” or “agency” means any city, county, district, joint powers authority, or other political subdivision of the state involved with water management. (d) “Project” means both of the following: (1) Groundwater recharge facilities. (2) Voluntary, cost-effective capital outlay water conservation programs. (e) “Subaccount” means the Water Conservation and Groundwater Recharge Subaccount created by Section 78671. (f) (1) “Voluntary, cost-effective capital outlay water conservation programs” mean those feasible capital outlay measures to improve the efficiency of water use through programs, the benefits of which exceed their costs. (2) (A) The programs include, but are not limited to, all of the following: (i) The lining or piping of ditches. (ii) Improvements in water distribution system controls such as automated canal control, construction of small reservoirs within distribution systems that conserve water that has already been captured for use, and related physical improvements. (iii) Tailwater pumpback recovery systems. (iv) Major improvements or replacements of distribution systems to reduce leakage. (v) Capital changes in on-farm irrigation systems which improve irrigation efficiency such as sprinkler or subsurface drip. (vi) Capital outlay features of urban water conservation programs identified in the “Memorandum of Understanding Regarding Urban Water Conservation in California,” as amended on March 9, 1994. (vii) Conveyance facilities in a county of the third class, including appurtenances, necessary to implement a long-term conservation program to transfer conserved water from areas not directly receiving water from the bay-delta to areas that receive water from the bay-delta and whose demands on the bay-delta would be reduced as a result of the transfer. (B) In each case, the department shall determine if there is a net savings of water as a result of each proposed project and the project is cost-effective. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78671.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Conservation and Groundwater Recharge [78670 - 78676] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section creates a Water Conservation and Groundwater Recharge Subaccount, transfers $30 million into it, and continuously appropriates $25 million to the department for loans to local agencies.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Conservation and Groundwater Recharge [78670 - 78676] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78671. (a) There is hereby created in the account the Water Conservation and Groundwater Recharge Subaccount. The sum of thirty million dollars ($30,000,000) is hereby transferred from the account to the subaccount. (b) Notwithstanding Section 13340 of the Government Code, the sum of twenty-five million dollars ($25,000,000) is hereby continuously appropriated, without regard to fiscal years, to the department, for loans to local agencies to aid in the acquisition and construction of voluntary, cost-effective capital outlay water conservation programs and groundwater recharge facilities. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78672.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Conservation and Groundwater Recharge [78670 - 78676] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Loan contracts under this article may include provisions the department considers necessary.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Conservation and Groundwater Recharge [78670 - 78676] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78672. Any loan contract entered into pursuant to this article may include provisions determined to be necessary by the department. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78672.5.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Conservation and Groundwater Recharge [78670 - 78676] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Certain water conservation program loan contracts must include specific protections and limits, and the department must prefer the most cost-effective projects.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Conservation and Groundwater Recharge [78670 - 78676] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78672.5. (a) Any loan contract concerning an eligible, voluntary, cost-effective capital outlay water conservation program shall be supported by, or shall include, all of the following: (1) An estimate of the reasonable cost and benefit of the program. (2) An agreement by the local agency to proceed expeditiously with, and complete, the program. (3) A provision that there shall be no moratorium or deferment on payments of principal or interest. (4) A loan period of not more than 20 years with an interest rate set at a rate equal to 50 percent of the interest rate paid by the state on the most recent sale of state general obligation bonds, to be computed according to the true interest cost method. If the interest rate so determined is not a multiple of one-tenth of 1 percent, the interest rate shall be set at the next higher multiple of one-tenth of 1 percent. The interest rate set for each contract shall be applied throughout the repayment period of the contract. There shall be a level annual repayment of principal and interest on the loans. (5) A provision that the project shall not receive any more than five million dollars ($5,000,000) in loan proceeds from the department. (b) The department shall give preference for loans under this section on the basis of the cost-effectiveness of the proposed project, with the most cost-effective projects receiving the highest preference. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78673.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Conservation and Groundwater Recharge [78670 - 78676] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Loan contracts for eligible groundwater recharge projects must include specified findings, reports, repayment terms, a no-deferral rule, and a cap of $5 million in loan proceeds.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Conservation and Groundwater Recharge [78670 - 78676] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78673. (a) Any loan contract concerning an eligible project for groundwater recharge shall be supported by, or shall include, all of the following: (1) A finding by the department that the agency has the ability to repay the requested loan, that the project is economically justified, and that the project is feasible from an engineering and hydrogeologic viewpoint. (2) An estimate of the reasonable cost and benefit of the project, including a feasibility report which shall set forth the economic justification and the engineering, hydrogeologic, and financial feasibility of the project, and shall include explanations of the proposed facilities and their relation to other water-related facilities in the basin or region. (3) An agreement by the agency to proceed expeditiously to complete the project in conformance with the approved plans and specifications and the feasibility report and to operate and maintain the project properly upon completion throughout the repayment period. (4) A provision that there shall be no moratorium or deferment on payment of principal or interest. (5) A loan period of not more than 20 years with an interest rate set at a rate equal to 50 percent of the interest rate paid by the state on the most recent sale of state general obligation bonds, to be computed according to the true interest cost method. If the interest rate so determined is not a multiple of one-tenth of 1 percent, the interest rate shall be set at the next higher multiple of one-tenth of 1 percent. The interest rate set for each contract shall be applied throughout the repayment period of the contract. There shall be a level annual repayment of principal and interest on the loans. (6) A provision that the project shall not receive more than five million dollars ($5,000,000) in loan proceeds from the department. (b) The department shall give preference under this section to projects for groundwater recharge that are located in overdrafted groundwater basins and those projects of critical need, to projects whose feasibility studies show the greatest economic justification and the greatest engineering and hydrogeologic feasibility as determined by the department, and to projects located in areas which have existing water management programs. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78674.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Conservation and Groundwater Recharge [78670 - 78676] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The department may make loans to local agencies for feasibility studies, but only on the article’s authorized interest rates and terms. No single project may receive more than $100,000, and no more than 3% of the article’s bond funds may be used for feasibility studies.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Conservation and Groundwater Recharge [78670 - 78676] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78674. The department may make loans to local agencies, at the interest rates authorized under this article and under any terms and conditions as may be determined necessary by the department, for the purposes of financing feasibility studies of projects potentially eligible for funding under this article. No single project shall be eligible to receive more than one hundred thousand dollars ($100,000), and not more than 3 percent of the total amount of bonds authorized to be expended for purposes of this article may be expended for the purposes of financing feasibility studies. A loan for a feasibility study shall not decrease the maximum amount of any other loan which may be made under this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78675.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Conservation and Groundwater Recharge [78670 - 78676] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Money left in the subaccount on March 8, 2000 must be transferred to the Water Conservation Account, and loan repayments made to the state under this article must be deposited there too.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Conservation and Groundwater Recharge [78670 - 78676] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78675. Unallocated funds remaining in the subaccount on March 8, 2000, shall be transferred to, and all money repaid to the state pursuant to any loan contract executed under this article shall be deposited in, the Water Conservation Account in the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Bond Fund for the purposes of entering into additional loans under Article 3 (commencing with Section 79157) and Article 4 (commencing with Section 79161) of Chapter 8 of Division 26. (Repealed and added by Stats. 1999, Ch. 725, Sec. 10. Approved in Proposition 13 at the March 7, 2000, election.)
78675.5.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Conservation and Groundwater Recharge [78670 - 78676] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Five million dollars in the subaccount is continuously appropriated to the department for a grant to a local agency for water-supply and recharge projects.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Conservation and Groundwater Recharge [78670 - 78676] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78675.5. Notwithstanding Section 13340 of the Government Code, the sum of five million dollars ($5,000,000) in the subaccount is hereby continuously appropriated, without regard to fiscal years, to the department for a grant to a local agency for the development of supplemental water sources, distribution systems, and recharge facilities in a watershed that is in a state of overdraft and whose ability to locally finance the facilities has been adversely affected by the Base Closure and Realignment Act of 1990 (P.L. 101-510). (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78676.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Conservation and Groundwater Recharge [78670 - 78676] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

No more than 3% of money deposited in the subaccount may be used to pay administration costs for this article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 3. Water Conservation and Groundwater Recharge [78670 - 78676] ( Article 3 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78676. Not more than 3 percent of the total amount deposited in the subaccount may be used to pay the costs incurred in connection with the administration of this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78680.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Local Projects [78680 - 78680.20] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Creates the Local Projects Subaccount and moves $25 million into it, then makes the money continuously available to the department for grants, loans, and administration under this article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Local Projects [78680 - 78680.20] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78680. (a) (1) There is hereby created in the account the Local Projects Subaccount. (2) For the purposes of this article “subaccount” means the Local Projects Subaccount created by paragraph (1). (3) The sum of twenty-five million dollars ($25,000,000) is hereby transferred from the account to the subaccount for the purposes of implementing this article. (b) Notwithstanding Section 13340 of the Government Code, the money in the subaccount is hereby continuously appropriated, without regard to fiscal years, to the department, for grants and loans in accordance with this article, and for the administration of this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78680.10.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Local Projects [78680 - 78680.20] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The department may give grants to public agencies for feasibility studies, and each grant may be no more than $500,000.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Local Projects [78680 - 78680.20] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78680.10. (a) The department may make grants to public agencies for feasibility studies. (b) The amount of the grants may not exceed five hundred thousand dollars ($500,000). (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78680.12.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Local Projects [78680 - 78680.20] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The department may make loans to public agencies for projects, but loan terms include limits and application requirements.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Local Projects [78680 - 78680.20] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78680.12. (a) The department may make loans to public agencies for projects. Loans for a single project may not exceed five million dollars ($5,000,000). (b) All loan applications shall include information relating to the public necessity of the project, the urgency of need, the engineering feasibility, the economic justification, and the financial feasibility of the project, as well as other information that the department may require. (c) All loans made pursuant to this section are subject to all of the following requirements: (1) Public agencies requesting a loan shall demonstrate, to the satisfaction of the department, that an adequate opportunity for public participation regarding the loan has been provided. (2) Any election held with respect to the loan shall include the voters of the entire agency except where the agency proposes to accept the loan on behalf of a specified portion, or portions, of the agency, in which case the election shall be held only in that portion or portions of the agency. (3) Loan contracts may not provide for a moratorium on payment of principal or interest. (4) Loans shall be for a period of up to 20 years. The interest rate for the loans shall be set at a rate of equal to 50 percent of the interest rate paid by the state on the most recent sale of state general obligation bonds, to be computed according to the true interest cost method. If the interest rate so determined is not a multiple of one-tenth of 1 percent, the interest rate shall be set at the next higher multiple of one-tenth of 1 percent. The interest rate set for each contract shall be applied throughout the contract’s repayment period. There shall be a level annual repayment of principal and the interest on the loans. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78680.14.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Local Projects [78680 - 78680.20] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The department may make loans to public agencies to acquire land interests needed for a project, subject to stated conditions and a $1,000,000 cap per acquisition.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Local Projects [78680 - 78680.20] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78680.14. (a) The department may also make loans to public agencies for the acquisition of interest in lands that are necessary for the construction, operation, or maintenance of a project. (b) Loans granted pursuant to this section shall be subject to all of the following conditions: (1) The loan may be made for all or any part of the costs of acquiring interests in lands for a project that has been identified as the preferred alternative in an environmental impact report or an environmental impact statement, and the lands may become unavailable to the public agency for the purposes of developing that project. (2) The loans shall not exceed one million dollars ($1,000,000) for each acquisition under this section. (3) Each loan granted pursuant to this section is subject to subdivision (c) of Section 78680.12. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78680.16.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Local Projects [78680 - 78680.20] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Loan contracts must require sale of land interests if project construction does not start within two years, with sale required within six months after that period.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Local Projects [78680 - 78680.20] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78680.16. Each contract which the department enters into for a loan pursuant to Section 78680.14 shall require the sale of the interests in lands that are acquired with the loan funds if, in the department’s determination, the construction of the project has not commenced within a period of two years from the date of the first disbursement of loan funds under the contract or within any extension of such period that is granted by the department. In that event, the contract shall require that the interests in lands be offered for sale within six months from the expiration of the two-year period, or any extension thereof, and shall require that the proceeds of the sale be applied toward the repayment of the principal amount of the loan and toward the payment of the accrued interest thereon. Any remaining proceeds, after deducting the administrative costs of the public agency identified in connection with the purchase and sale of the interests in lands, shall be repaid to the department. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78680.18.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Local Projects [78680 - 78680.20] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Land bought with certain loan funds remains taxable if it is outside the acquiring public agency’s boundaries and was taxable when acquired.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Local Projects [78680 - 78680.20] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78680.18. Notwithstanding any provision of law, any land acquired with the use of loan funds made available pursuant to Section 78680.14, that is located outside the boundaries of the public agency acquiring the land and which was subject to taxation at the time of acquisition thereof, shall remain subject to taxation. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78680.2.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Local Projects [78680 - 78680.20] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section says the article is intended to finance a program that supports water-resource development, control, and conservation by helping public agencies build eligible local projects with statewide importance.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Local Projects [78680 - 78680.20] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78680.2. It is the intent of this article to finance a program to further the development, control, and conservation of the water resources of the state by assisting public agencies in the construction of eligible projects undertaken to meet local requirements in which there is a statewide interest. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78680.20.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Local Projects [78680 - 78680.20] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The department may adopt regulations for this article, and no more than 3 percent of subaccount deposits may be used for administration costs.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Local Projects [78680 - 78680.20] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78680.20. (a) The department may adopt regulations to carry out this article. Notwithstanding any provisions of law, regulations adopted by the department pursuant to Chapter 2.3 (commencing with Section 450.1) of Division 2 of Title 23 of the California Code of Regulations that are in effect on November 6, 1996, may be used to carry out this article. (b) Not more than 3 percent of the total amount deposited in the subaccount may be used to pay the costs incurred in connection with the administration of this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78680.4.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Local Projects [78680 - 78680.20] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section defines “feasibility study,” “project,” and “public agency” for this article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Local Projects [78680 - 78680.20] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78680.4. The following definitions govern the construction of this article: (a) “Feasibility study” means a report on the feasibility of a project, dam, or reservoir. A feasibility study may include an environmental impact report prepared pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code. (b) “Project” means any of the following: (1) The construction of a conveyance facility, pumping facility, groundwater extraction facility, clear or ranney well, or facility for diversion from existing storage or conveyance facilities undertaken by a public agency for the diversion, storage, or distribution of water primarily for domestic, municipal, agricultural, industrial, recreation, or fish and wildlife mitigation and enhancement purposes. (2) Fish and wildlife mitigation and enhancement measures undertaken by a public agency, including the acquisition of lands which may be necessary for the mitigation of significant impact on fish and wildlife resources resulting from the implementation of a project undertaken pursuant to paragraph (1). (c) “Public agency” means any city, county, city and county, special district or other political subdivision of the state, including a joint powers entity created pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, in a county of the 22nd class or any county having a smaller population than a county of the 22nd class on the date on which this division becomes effective. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78680.6.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Local Projects [78680 - 78680.20] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The department must carry out this article and give preference to projects that develop new water supplies and mitigate significant environmental impacts from those projects.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Local Projects [78680 - 78680.20] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78680.6. The department shall carry out this article and shall give preference to projects undertaken to develop new water supplies and to mitigate significant environmental impacts resulting from those projects. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78680.8.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Local Projects [78680 - 78680.20] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Applications for grants or loans under this article must be filed with the department using the form and supporting materials the department prescribes.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 4. Local Projects [78680 - 78680.20] ( Article 4 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78680.8. Applications for grants or loans for financial assistance under this article shall be made to the department in the form and with those supporting materials that are prescribed by the department. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78681.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Sacramento Valley Water Management and Habitat Protection Measures [78681 - 78681.10] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section creates the Sacramento Valley Water Management and Habitat Protection Subaccount and defines “subaccount” to mean that created subaccount.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Sacramento Valley Water Management and Habitat Protection Measures [78681 - 78681.10] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78681. (a) There is hereby created in the account the Sacramento Valley Water Management and Habitat Protection Subaccount. (b) For the purposes of this article, “subaccount” means the Sacramento Valley Water Management and Habitat Protection Subaccount created by subdivision (a). (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78681.10.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Sacramento Valley Water Management and Habitat Protection Measures [78681 - 78681.10] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The department may use no more than 3% of the subaccount deposits to cover administration costs for this article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Sacramento Valley Water Management and Habitat Protection Measures [78681 - 78681.10] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78681.10. Not more than 3 percent of the total amount deposited in the subaccount for the use of the department may be used to pay the costs incurred in connection with the administration of this article by the department. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78681.2.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Sacramento Valley Water Management and Habitat Protection Measures [78681 - 78681.10] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

$25 million is transferred from one account to a subaccount to implement this article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Sacramento Valley Water Management and Habitat Protection Measures [78681 - 78681.10] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78681.2. The sum of twenty-five million dollars ($25,000,000) is hereby transferred from the account to the subaccount for the purpose of implementing this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78681.4.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Sacramento Valley Water Management and Habitat Protection Measures [78681 - 78681.10] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Money in the subaccount is continuously appropriated to the department for Sacramento Valley programs or projects.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Sacramento Valley Water Management and Habitat Protection Measures [78681 - 78681.10] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78681.4. Notwithstanding Section 13340 of the Government Code, the money in the subaccount is hereby continuously appropriated, without regard to fiscal years, to the department, for programs or projects in the Sacramento Valley to assist in the implementation of the Water Quality Control Plan for the Bay-Delta adopted by the board in Resolution No. 95-24 on May 22, 1995, and as it may be amended. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78681.8.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Sacramento Valley Water Management and Habitat Protection Measures [78681 - 78681.10] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The board must give adequate public review to proposed programs or projects and determine that they comply with Section 78681.4.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Sacramento Valley Water Management and Habitat Protection Measures [78681 - 78681.10] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78681.8. The board shall provide adequate public review for proposed programs or projects and shall determine that those programs or projects are consistent with the requirements of Section 78681.4. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78681.9.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Sacramento Valley Water Management and Habitat Protection Measures [78681 - 78681.10] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This article allows funding only for programs or projects that are not the responsibility of the federal Central Valley Project or the State Water Project.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 5. Sacramento Valley Water Management and Habitat Protection Measures [78681 - 78681.10] ( Article 5 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78681.9. Only the programs or projects that are not the obligation of the federal Central Valley Project or the State Water Project may be funded under this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78682.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. River Parkway Program [78682 - 78682.6] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The River Parkway Subaccount is created in the account, and $27 million is transferred into it to implement this article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. River Parkway Program [78682 - 78682.6] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78682. (a) (1) There is hereby created in the account the River Parkway Subaccount. (2) For the purposes of this article, “subaccount” means the River Parkway Subaccount created by paragraph (1). (b) The sum of twenty-seven million dollars ($27,000,000) is hereby transferred from the account to the subaccount for the purpose of implementing this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78682.2.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. River Parkway Program [78682 - 78682.6] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Money in the subaccount may be used, after legislative appropriation, for habitat acquisition/restoration and certain river and stream trail projects.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. River Parkway Program [78682 - 78682.6] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78682.2. The money in the subaccount shall be made available, upon appropriation by the Legislature, for the acquisition and restoration of riparian habitat, riverine aquatic habitat, and other lands in close proximity to rivers and streams and for river and stream trail projects undertaken in accordance with any of the following provisions: (a) Chapter 4 (commencing with Section 1300) and Chapter 4.1 (commencing with Section 1385) of Division 2 of the Fish and Game Code. (b) Chapter 5 (commencing with Section 31200), Chapter 6 (commencing with Section 31251), and Chapter 9 (commencing with Section 31400), of Division 21 of the Public Resources Code. (c) Division 22.5 (commencing with Section 32500) of the Public Resources Code. (d) Urban river park acquisition and restoration projects undertaken pursuant to Division 23 (commencing with Section 33000) of the Public Resources Code. (e) River parkway projects undertaken by a state agency, city, county, city and county, or pursuant to a joint powers agreement between two or more of these entities. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78682.4.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. River Parkway Program [78682 - 78682.6] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

At least 50% of the subaccount funds must be used for projects in or near major metropolitan areas.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. River Parkway Program [78682 - 78682.6] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78682.4. At least 50 percent of the funds in the subaccount shall be used for projects that are located in, or in close proximity to, major metropolitan areas. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78682.6.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. River Parkway Program [78682 - 78682.6] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

No more than 3% of the money deposited in the subaccount may be used to pay the costs of administering this article.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 6. Water Supply Reliability [78651 - 78682.6] ( Chapter 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 6. River Parkway Program [78682 - 78682.6] ( Article 6 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78682.6. Not more than 3 percent of the total amount deposited in the subaccount may be used to pay the costs incurred in connection with the administration of this article. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78684.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 7. CALFED Bay-Delta Ecosystem Restoration Program [78684 - 78684.14] ( Chapter 7 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section defines key terms for the CALFED Bay-Delta ecosystem restoration chapter and limits what counts as an eligible project.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 7. CALFED Bay-Delta Ecosystem Restoration Program [78684 - 78684.14] ( Chapter 7 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78684. Unless the context otherwise requires, all of the following definitions govern the construction of this chapter. (a) “Account” means the Bay-Delta Ecosystem Restoration Account created by Section 78684.6. (b) “Bay-delta ecosystem” means the bay-delta and its tributary watersheds. (c) “CALFED Bay-Delta Program” or “program” means the undertaking by CALFED to develop, by means of the programmatic EIS/EIR, a preferred alternative of programs, actions, projects, and related activities which will provide solutions to identified problem areas related to the bay-delta ecosystem. (d) (1) “Eligible project” means a project or program, or an element of a project or program, identified in the final programmatic EIS/EIR, that is intended to improve and increase aquatic and terrestrial habitats and improve ecological functions in the bay-delta ecosystem. (2) Eligible projects may include, but are not limited to, projects or programs with any of the following purposes: (A) The protection and enhancement of existing habitat. (B) The restoration of tidal, shallow water, riparian, riverine, wetlands, and other habitats. (C) The expansion of wetlands protection programs. (D) The acquisition of water for instream flow improvements. (E) Improved habitat management. (F) Improved management of introduced species. (G) Improved fish protection and management. (3) Eligible projects shall not include any of the following: (A) Any water conveyance facilities. (B) Any component of the CALFED Bay-Delta Program that is not identified in the final programmatic EIS/EIR as a component of the ecosystem restoration element. (C) Any programs or projects undertaken to offset or avoid adverse environmental conditions which the final programmatic EIS/EIR determines would be caused by the construction, operation, or implementation of any element of the CALFED Bay-Delta Program other than the ecosystem restoration element. (e) “Programmatic EIS/EIR” means the programmatic environmental impact statement/environmental impact report that is prepared by CALFED for the CALFED Bay-Delta Program. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78684.10.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 7. CALFED Bay-Delta Ecosystem Restoration Program [78684 - 78684.14] ( Chapter 7 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Funds in the account cannot be spent until three listed conditions are met.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 7. CALFED Bay-Delta Ecosystem Restoration Program [78684 - 78684.14] ( Chapter 7 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78684.10. No funds in the account may be expended until all of the following conditions have been met: (a) The final programmatic EIS/EIR has been certified by the state lead agency and a notice of determination has been issued as required by Division 13 (commencing with Section 21000) of the Public Resources Code. (b) The identical final programmatic EIS/EIR has been filed by the federal lead agencies with the Environmental Protection Agency, the required notice has been published in the Federal Register, and there has been federal approval of the identical program approved by the state. (c) A cost-sharing agreement has been entered into by the State of California and the United States, pursuant to which the United States agrees to share in the costs of eligible projects. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78684.12.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 7. CALFED Bay-Delta Ecosystem Restoration Program [78684 - 78684.14] ( Chapter 7 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The Secretary of the Resources Agency must review schedule adherence every year before November 15, and if the schedule has not been substantially followed, must prepare a revised schedule after notice and consultation.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 7. CALFED Bay-Delta Ecosystem Restoration Program [78684 - 78684.14] ( Chapter 7 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78684.12. Due to the importance of issuing permits and otherwise expediting all elements of the CALFED Bay-Delta Program in a timely and balanced manner, the following procedures apply to the use of funds authorized by this chapter: (a) After the requirements set forth in Section 78684.10 are met, funds in the account shall become available for use in accordance with the schedule for eligible projects set forth in the final programmatic EIS/EIR, unless and until the Secretary of the Resources Agency determines that the schedule established in the final programmatic EIS/EIR has not been substantially adhered to. (b) Prior to November 15 of each year, the Secretary of the Resources Agency, in consultation with state and federal CALFED representatives and other interested persons and agencies, shall review adherence to the schedule. (c) The absence of funding from nonfederal or nonstate sources shall not be a basis for a determination that the schedule has not been adhered to. (d) If, at the conclusion of each annual review, the Secretary of the Resources Agency determines that the schedule established in the final programmatic EIS/EIR, or a revised schedule prepared pursuant to this subdivision, has not been substantially adhered to, the secretary, after notice to, and consultation with, state and federal CALFED representatives and other interested persons and agencies, shall prepare a revised schedule that ensures that balanced solutions in all identified problem areas, including ecosystem restoration, water supply, water quality, and system integrity are achieved, consistent with the intent of the final programmatic EIS/EIR. Funds shall be available for expenditure unless a revised schedule has not been developed within six months from the date on which the secretary determines that the prior schedule has not been substantially adhered to. Upon the preparation of any revised schedule under this subdivision, funds shall be expended in accordance with that revised schedule. (e) Specific project and program decisions involving the expenditure of funds in the account shall be made in accordance with the procedures established by CALFED for the ecosystem restoration program. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78684.14.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 7. CALFED Bay-Delta Ecosystem Restoration Program [78684 - 78684.14] ( Chapter 7 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

No more than 3% of the money deposited in the account may be used for administration costs for this chapter.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 7. CALFED Bay-Delta Ecosystem Restoration Program [78684 - 78684.14] ( Chapter 7 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78684.14. Not more than 3 percent of the total amount deposited in the account may be used to pay the costs incurred in connection with the administration of this chapter. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78684.2.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 7. CALFED Bay-Delta Ecosystem Restoration Program [78684 - 78684.14] ( Chapter 7 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section states legislative findings about the CALFED Bay-Delta Program and its role in planning for ecosystem restoration, water quality, water supplies, and water management.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 7. CALFED Bay-Delta Ecosystem Restoration Program [78684 - 78684.14] ( Chapter 7 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78684.2. The Legislature hereby finds and declares all of the following: (a) CALFED is in the process of preparing a programmatic EIS/EIR for a long-term comprehensive plan that will resolve problems related to ecosystem restoration, water quality, water supplies, and water management for beneficial uses of the bay-delta ecosystem, and system integrity. (b) The CALFED Bay-Delta Program, to the extent that it relates to restoration in the bay-delta ecosystem, is of statewide and national importance. The state should participate in the funding of eligible projects as a part of its ongoing program to improve environmental conditions in the bay-delta ecosystem. (c) The programmatic EIS/EIR will include a schedule for funding and implementing all elements of the long-term comprehensive plan. (d) The CALFED Bay-Delta Program elements will achieve balanced solutions in all identified problem areas, including the ecosystem, water supply, water quality, and system integrity. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78684.4.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 7. CALFED Bay-Delta Ecosystem Restoration Program [78684 - 78684.14] ( Chapter 7 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This chapter does not authorize implementation of the CALFED Bay-Delta Program or any part of it.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 7. CALFED Bay-Delta Ecosystem Restoration Program [78684 - 78684.14] ( Chapter 7 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78684.4. This chapter does not authorize implementation of the CALFED Bay-Delta Program or any element of the program. The implementation of the CALFED Bay-Delta Program, or any element of the program, shall only be undertaken pursuant to authority provided by law other than this division. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78684.6.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 7. CALFED Bay-Delta Ecosystem Restoration Program [78684 - 78684.14] ( Chapter 7 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section creates the Bay-Delta Ecosystem Restoration Account, transfers $390 million into it, and makes the money continuously appropriated to the Resources Agency for chapter purposes and administration.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 7. CALFED Bay-Delta Ecosystem Restoration Program [78684 - 78684.14] ( Chapter 7 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78684.6. (a) The Bay-Delta Ecosystem Restoration Account is hereby created in the fund for the purpose of funding eligible projects. The sum of three hundred ninety million dollars ($390,000,000) is hereby transferred from the fund to the account. (b) Notwithstanding Section 13340 of the Government Code, the money in the account is hereby continuously appropriated, without regard to fiscal years, to the Resources Agency for the purposes set forth in this chapter, and for the administration of this chapter. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78684.8.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 7. CALFED Bay-Delta Ecosystem Restoration Program [78684 - 78684.14] ( Chapter 7 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

The Secretary of the Resources Agency must carry out this chapter under CALFED’s procedures for ecosystem restoration, unless the Legislature later authorizes another recommended entity to do so.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 7. CALFED Bay-Delta Ecosystem Restoration Program [78684 - 78684.14] ( Chapter 7 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78684.8. The Secretary of the Resources Agency shall carry out this chapter in accordance with procedures established by CALFED for the purposes of ecosystem restoration until the Legislature, by statute, authorizes another entity, that is recommended by CALFED, to carry out this chapter. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78686.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 8. Flood Control and Prevention Program [78686 - 78686.12] ( Chapter 8 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 1. Definitions [78686- 78686.] ( Article 1 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

In this chapter, “account” means the Flood Control and Prevention Account created by Section 78686.10, unless the context requires otherwise.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 8. Flood Control and Prevention Program [78686 - 78686.12] ( Chapter 8 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 1. Definitions [78686- 78686.] ( Article 1 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78686. Unless the context otherwise requires, as used in this chapter, “account” means the Flood Control and Prevention Account created by Section 78686.10. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78686.10.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 8. Flood Control and Prevention Program [78686 - 78686.12] ( Chapter 8 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Flood Control and Prevention Program [78686.10 - 78686.12] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section creates the Flood Control and Prevention Account and transfers $60 million from the fund to that account.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 8. Flood Control and Prevention Program [78686 - 78686.12] ( Chapter 8 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Flood Control and Prevention Program [78686.10 - 78686.12] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78686.10. The Flood Control and Prevention Account is hereby created in the fund. The sum of sixty million dollars ($60,000,000) is hereby transferred from the fund to the account. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78686.12.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 8. Flood Control and Prevention Program [78686 - 78686.12] ( Chapter 8 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Flood Control and Prevention Program [78686.10 - 78686.12] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Money in the account must be used for specified flood control and flood prevention costs, and only for valid written claims submitted by June 30, 1996.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 8. Flood Control and Prevention Program [78686 - 78686.12] ( Chapter 8 added by Stats. 1996, Ch. 135, Sec. 1. ) ## ARTICLE 2. Flood Control and Prevention Program [78686.10 - 78686.12] ( Article 2 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78686.12. (a) Notwithstanding Section 13340 of the Government Code, the money in the account is hereby continuously appropriated, without regard to fiscal years, to the department for the purposes set forth in subdivision (b). (b) (1) The money in the account shall be used to pay for the state’s share of the nonfederal costs of flood control and flood prevention projects that have been adopted and authorized in accordance with one or more of the following provisions of law: (A) The State Water Resources Law of 1945 (Chapter 1 (commencing with Section 12570) and Chapter 2 (commencing with Section 12630) of Part 6 of Division 6). (B) The Flood Control Law of 1946 (Chapter 3 (commencing with Section 12800) of Part 6 of Division 6). (C) The California Watershed Protection and Flood Prevention Law (Chapter 4 (commencing with Section 12850) of Part 6 of Division 6). (2) The money in the account may only be used to pay for costs for which valid written claims have been submitted to the department on or before June 30, 1996. Funds which are made available under this chapter shall be allocated on a pro rata basis to projects in the Counties of Contra Costa, Fresno, Kern, Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Santa Clara, based on the amount of available funds relative to the total eligible claims. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78688.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 9. Miscellaneous [78688- 78688.] ( Chapter 9 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section says the division does not reduce or change the requirements of CEQA or NEPA.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 9. Miscellaneous [78688- 78688.] ( Chapter 9 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78688. Nothing in this division diminishes, or otherwise affects, the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) or the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.). (Amended by Stats. 2004, Ch. 183, Sec. 368. Effective January 1, 2005. Note: This section was added by Stats. 1996, Ch. 135, and approved in Prop. 204 on Nov. 5, 1996.)
78690.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [78690 - 78702] ( Chapter 10 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Bond sale proceeds under this division must be deposited into the State Treasury for credit to the Safe, Clean, Reliable Water Supply Fund.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [78690 - 78702] ( Chapter 10 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78690. The proceeds of bonds issued and sold pursuant to this division shall be deposited in the State Treasury to the credit of the Safe, Clean, Reliable Water Supply Fund, created by Section 78505. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78691.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [78690 - 78702] ( Chapter 10 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Up to $995 million in bonds may be issued and sold to fund the act’s purposes and reimburse the General Obligation Bond Expense Revolving Fund.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [78690 - 78702] ( Chapter 10 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78691. Bonds in the total amount of nine hundred ninety-five million dollars ($995,000,000), not including the amount of any refunding bonds issued in accordance with Section 78700, or as much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this division and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable. (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)
78691.5.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [78690 - 78702] ( Chapter 10 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

This section reallocates specified unissued bond funds to finance purposes under Division 26.7.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [78690 - 78702] ( Chapter 10 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78691.5. Notwithstanding any other law, nine million nine hundred thousand dollars ($9,900,000) of the unissued bonds authorized for the purposes of Sections 78550 to 78551, inclusive, three million two hundred thousand dollars ($3,200,000) of the unissued bonds authorized for the purposes of Section 78671, three million five hundred thousand dollars ($3,500,000) of the unissued bonds authorized for the purposes of paragraph (3) of subdivision (a) of Section 78680, and eight million one hundred thousand dollars ($8,100,000) of the unissued bonds authorized for the purposes of Section 78681.2, and eight hundred thousand dollars ($800,000) of the unissued bonds authorized for the purposes of Section 78530.5 are reallocated to finance the purposes of, and shall be authorized, issued, and appropriated in accordance with, Division 26.7 (commencing with Section 79700). (Added by Stats. 2014, Ch. 188, Sec. 4. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
78692.
## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [78690 - 78702] ( Chapter 10 added by Stats. 1996, Ch. 135, Sec. 1. )
Verify source ↗

Bonds authorized by this division must be handled under the State General Obligation Bond Law, and the State Water Resources Control Board is designated as the “board” for that law.

## Water Code - WAT ## DIVISION 24. SAFE, CLEAN, RELIABLE WATER SUPPLY ACT [78500 - 78702] ( Division 24 added by Stats. 1996, Ch. 135, Sec. 1. ) ## CHAPTER 10. Fiscal Provisions [78690 - 78702] ( Chapter 10 added by Stats. 1996, Ch. 135, Sec. 1. ) ## 78692. (a) The bonds authorized by this division shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law apply to the bonds and to this division and are hereby incorporated in this division as though set forth in full in this division. (b) For purposes of the State General Obligation Bond Law, the State Water Resources Control Board is designated the ‛board.‛ (Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)

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