Water Code — Part 47 | WAT — United States — California law | Esheria

Water Code

Part 47 of 51 · provisions 9,201–9,400

This section says the act is called the Water Code.

Jurisdiction
United States — California
Instrument
Code
Citation
WAT
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
Assessments Asset acquisition Bonds Callable bonds Central Valley Project Citation Colorado River basin Compliance timing Conditional commencement Construction bonds County water districts Delta Plan Delta planning Delta water management Director elections District formation District formation orders District governance Formation Formation hearings Governor’s Budget Habitat improvements Infrastructure Irrigation districts +6,338 more

Statute overview

About this statute

Local custom is only one factor in judging the reasonableness of a water use, method of use, or diversion; it cannot by itself decide the issue. This section says the coordinated state water conservation, development, and utilization plan is called the “State Water Plan.” The American River Development is included in the State Water Plan. The State may not issue a water appropriation permit for a project that would flood any part of Gold Discovery Site State Park at Coloma unless the issuance is specifically authorized by law. This section gives the Georgetown Divide Public Utility District rights to pursue a federal permit and license, limits water-rights filings and permits for certain South Fork of the American River projects for set periods, and requires some applicants to evaluate alternatives or replace lost uses.

Read the provisions Ask with citations

Legal text

Provisions of Water Code

Showing 200 of 10,024

  1. 81338.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Board of Directors [81335 - 81406] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    Directors serve four-year terms, initially staggered by lot; appointing authorities may reappoint directors without term limit and must fill board vacancies within 90 days.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Board of Directors [81335 - 81406] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81338. (a) Each director shall serve a term of four years. (b) Notwithstanding subdivision (a), the directors initially appointed to the board shall determine, by lot, that one-half plus one of their number shall serve for four years and the remaining directors shall serve for two years. Thereafter, each appointing authority shall appoint a person to replace its respective director or may reappoint its director for an unlimited number of terms. (c) A vacancy on the board shall be filled by the respective appointing authority not later than 90 days from the date of the occurrence of the vacancy. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  2. 81339.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Board of Directors [81335 - 81406] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    Each director may receive board-prescribed compensation, capped at $100 per day for board meeting attendance, and may be reimbursed for certain board-requested expenses.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Board of Directors [81335 - 81406] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81339. Each director may receive compensation in an amount prescribed by the board, not to exceed one hundred dollars ($100) per day for each day’s attendance at meetings of the board, not to exceed four meetings in any calendar month. In addition, each director may be reimbursed for actual, necessary, and reasonable expenses incurred in the performance of duties performed at the request of the board. The compensation of directors may be increased pursuant to Chapter 2 (commencing with Section 20200) of Division 10. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  3. 81400.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Board of Directors [81335 - 81406] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    A majority of the board members is a quorum, and the board may act only by ordinance, resolution, or motion.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Board of Directors [81335 - 81406] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81400. A majority of the members of the board constitutes a quorum for the transaction of business. The board shall act only by ordinance, resolution, or motion. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  4. 81401.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Board of Directors [81335 - 81406] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The board must meet for the first time as soon as possible after the initial directors are appointed, and must elect a chairperson and vice-chairperson at that meeting and every January meeting thereafter.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Board of Directors [81335 - 81406] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81401. The board shall hold its first meeting as soon as possible after the appointment of the initial directors. At its first meeting, and at its first meeting in January each year thereafter, the board shall elect a chairperson and a vice-chairperson from among its members. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  5. 81402.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Board of Directors [81335 - 81406] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The board must set the time and place of its regular meetings and must conduct all board meetings in line with the Ralph M. Brown Act.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Board of Directors [81335 - 81406] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81402. The board shall provide for the time and place of holding its regular meetings. All meetings of the board shall be called and held in accordance with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  6. 81403.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Board of Directors [81335 - 81406] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    Each director has one vote, and a majority of the board’s total membership is enough to carry a motion, resolution, or ordinance unless weighted voting or another division rule applies.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Board of Directors [81335 - 81406] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81403. Subject to Section 81405, each director has one vote. The affirmative vote of a majority of the total membership of the board is necessary and sufficient to carry any motion, resolution, or ordinance, except when weighted voting is in effect pursuant to Section 81404 or as otherwise provided by this division. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  7. 81404.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Board of Directors [81335 - 81406] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    A director may call for weighted voting before a vote is taken on a motion, resolution, or ordinance.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Board of Directors [81335 - 81406] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81404. Before the vote on any motion, resolution, or ordinance is taken, any director may call for weighted voting. Upon such a call, Section 81405 shall apply as to that motion, resolution, or ordinance. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  8. 81405.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Board of Directors [81335 - 81406] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    This section sets how weighted votes are calculated for the board and when a motion can pass under weighted voting.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Board of Directors [81335 - 81406] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81405. (a) Weighted voting shall be based on the average deliveries of water during the 2000–01 fiscal year, as set forth in Section 81460. (b) When weighted voting is in effect, there shall be a total of 100 possible votes. The allocation of these votes among the directors shall be determined as follows: (1) The water deliveries to each member public entity, California Water Service Company, and Stanford University, as set forth in Section 81460, shall be totaled. (2) Each director representing a member public entity whose individual water delivery is less than 1.5 percent of the total amount calculated pursuant to paragraph (1) shall be assigned one vote. (3) The water deliveries to all member public entities assigned one vote pursuant to paragraph (2) shall be totaled and that sum shall be subtracted from the total amount calculated pursuant to paragraph (1). (4) The ratio of individual water deliveries to each remaining member public entity, California Water Service Company, and Stanford University to the total water deliveries calculated pursuant to paragraph (3) shall be determined and expressed as a fraction. (5) The total number of votes assigned to directors pursuant to paragraph (2) shall be subtracted from 100. (6) The number resulting from the calculation described in paragraph (5) shall be multiplied by the fractions calculated pursuant to paragraph (4), and the products of that multiplication shall be rounded to the nearest whole number. Each director, other than those assigned one vote pursuant to paragraph (2), shall be assigned the number of votes resulting from this calculation. (c) When weighted voting is in effect, the affirmative vote of directors representing both (1) a majority of the members of the board present and voting, and (2) a majority of the number of votes, determined pursuant to this section, represented by directors present and voting shall be necessary to carry any motion, resolution, or ordinance. (d) Notwithstanding any other provision of this division, the board may establish alternative procedures and methods for weighted voting, including a limitation on the types of measures to which it applies, by a vote of (1) at least two-thirds of all the directors of the board, each director having one vote on the question, and (2) at least 51 votes, determined pursuant to this section. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  9. 81406.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Board of Directors [81335 - 81406] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The board must call the roll and record ayes and noes for ordinances, resolutions, and weighted-voting questions. Other motions may be adopted by voice vote, unless any director asks for a roll call.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 1. Board of Directors [81335 - 81406] ( Article 1 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81406. (a) On all ordinances and resolutions, and on all questions to be decided by weighted voting, the roll shall be called and ayes and noes recorded in the minutes of the proceedings of the board. (b) Motions, other than motions to be decided by weighted voting, may be adopted by voice vote, except that the roll shall be called at the request of any director. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  10. 81407.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Officers and Employees [81407 - 81410] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The board must appoint a general manager, a financial officer, and a secretary, and may create other offices if needed.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Officers and Employees [81407 - 81410] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81407. The board shall appoint a general manager, a financial officer, and a secretary. The board may establish other offices that may be necessary or convenient. The board shall appoint, and prescribe the duties, compensation, and terms and conditions of employment of, all officers. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  11. 81408.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Officers and Employees [81407 - 81410] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The board may hire employees and may delegate hiring authority to the general manager. It must make employment offers on terms comparable to those used for Bay Area Water Users Association employees on January 1, 2003.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Officers and Employees [81407 - 81410] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81408. The board may employ other employees that the board determines are necessary or convenient and may delegate to the general manager the authority to employ or contract for the services of additional assistants or employees that the general manager determines necessary or convenient to operate the agency. The board shall extend offers of employment on terms comparable to those applicable to the employees of the Bay Area Water Users Association on January 1, 2003, as determined by the board. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  12. 81409.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Officers and Employees [81407 - 81410] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The board may require official bonds for officers and employees and set the bond amount.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Officers and Employees [81407 - 81410] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81409. The board may require, and establish the amount of, official bonds of officers and employees that are necessary for the protection of the funds and property of the agency. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  13. 81410.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Officers and Employees [81407 - 81410] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The agency’s officers and employees are subject to a specified Government Code article, and the agency is treated as a local government agency for the Political Reform Act of 1974.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 3. Government of Agency [81335 - 81410] ( Chapter 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Officers and Employees [81407 - 81410] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81410. (a) Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1 of the Government Code applies to all officers and employees of the agency. (b) The agency is a “local government agency” for the purposes of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code). (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  14. 81425.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Financial Matters [81425 - 81435] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The board must adopt a budget for each fiscal year.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Financial Matters [81425 - 81435] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81425. The board shall adopt a budget for each fiscal year. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  15. 81426.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Financial Matters [81425 - 81435] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The agency’s accounts must be audited every year by independent certified public accountants.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Financial Matters [81425 - 81435] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81426. The accounts of the agency shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants with experience in auditing the accounts of local public entities. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  16. 81427.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Financial Matters [81425 - 81435] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The agency may borrow money, take on debt, and issue notes and bonds, if allowed by this division or other law.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Financial Matters [81425 - 81435] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81427. The agency may borrow money, incur indebtedness, and issue notes and bonds, as provided in this division or as otherwise authorized by law. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  17. 81428.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Financial Matters [81425 - 81435] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The agency may issue revenue bonds if the board adopts an ordinance by the required vote. Before the meeting, the agency must publish notice and allow public comments.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Financial Matters [81425 - 81435] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81428. (a) The agency may issue revenue bonds upon the adoption of an ordinance by a two-thirds vote of all of the members of the board present and voting which also represents at least 51 votes determined pursuant to Section 81405. For the purposes of issuing bonds pursuant to this subdivision, the agency need not conduct an election or otherwise secure the approval of the voters within the boundaries of the agency. (b) The agency shall publish a notice in a newspaper of general circulation at least 15 days before the meeting at which issuance of revenue bonds is to be considered and shall provide an opportunity for public comments during that meeting and before the directors vote on the issuance of those bonds. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  18. 81429.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Financial Matters [81425 - 81435] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The agency may issue bonds to refund its revenue bonds, whether or not those revenue bonds are due.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Financial Matters [81425 - 81435] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81429. The agency may issue bonds for the purpose of refunding any revenue bonds of the agency, whether due or not due. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  19. 81430.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Financial Matters [81425 - 81435] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The agency may issue negotiable promissory notes for any agency purpose, but the notes must run no longer than five years and no more than $1,000,000 may be outstanding at once.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Financial Matters [81425 - 81435] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81430. The agency may issue negotiable promissory notes to acquire funds for any agency purpose. The notes shall have a term not to exceed five years. The total amount of notes issued pursuant to this section that may be outstanding at any one time may not exceed one million dollars ($1,000,000). (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  20. 81431.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Financial Matters [81425 - 81435] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The agency may use certain powers granted under listed acts to carry out this division.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Financial Matters [81425 - 81435] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81431. The authority granted pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code), the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code), the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code), and the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code) may be exercised by the agency to carry out this division. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  21. 81432.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Financial Matters [81425 - 81435] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    Agency bonds and other indebtedness are legal investments for specified trust funds, insurers, banks, trust companies, and state schools.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Financial Matters [81425 - 81435] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81432. Bonds and other evidences of indebtedness issued by the agency are legal investments for all trust funds and for funds of all insurers, commercial and savings banks, trust companies, and state schools. Funds that may be invested in bonds of cities, cities and counties, counties, school districts, or other local agencies may also be invested in bonds and other evidences of indebtedness of the agency. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  22. 81433.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Financial Matters [81425 - 81435] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The board may impose assessments to cover budgeted operating expenses, and those assessments are an obligation of each member public entity, the California Water Service Company, and Stanford University.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Financial Matters [81425 - 81435] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81433. The board may impose assessments sufficient to pay the operating expenses included in the budget, which shall be an obligation of each member public entity, the California Water Service Company, and Stanford University. The assessments shall be based on, and proportional to, water delivery amounts described in Section 81460. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  23. 81434.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Financial Matters [81425 - 81435] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The agency may use bond proceeds for its own works and may also make those proceeds available to other local public agencies on mutually satisfactory terms to help build or improve water-related works.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Financial Matters [81425 - 81435] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81434. The agency may use proceeds of bonds authorized by this division for the construction, reconstruction, or improvement of any works carried out by the agency. The agency may also make proceeds of bonds authorized by this division available to other local public agencies on mutually satisfactory terms and conditions to assist in the construction, reconstruction, or improvement of works designed and intended in whole or in part to furnish water to the members of the agency, whether those works are carried out jointly by the agency and other local public agencies, or solely by those other public agencies. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  24. 81435.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Financial Matters [81425 - 81435] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The agency may charge reasonable rates, fees, and charges for its programs or work, and those charges must be enough to cover principal and interest on its bonds.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2. Financial Matters [81425 - 81435] ( Article 2 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81435. The agency may impose reasonable rates, fees, and charges on Stanford University, the California Water Service Company, and the agency’s member public entities for any program or service provided or work performed by the agency. The agency may also impose reasonable rates, fees, and charges on any other public or private entity that enters into a contract with the agency for use of any program or service provided or work performed by the agency. These rates, fees, and charges shall be at least sufficient to generate revenue to pay the principal and interest on any bonds issued by the agency to carry out the work. The agency shall be solely responsible for servicing the debt on any bonds it issues and the State of California has no responsibility for those bonds. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  25. 81436.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2.5. Additional Financing Authority [81436 - 81438] ( Article 2.5 added by Stats. 2012, Ch. 251, Sec. 1. )

    Verify source ↗

    This section defines “BAWSCA members” and “July 2009 Water Supply Agreement” for this article.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2.5. Additional Financing Authority [81436 - 81438] ( Article 2.5 added by Stats. 2012, Ch. 251, Sec. 1. ) ## 81436. For the purposes of this article, the following definitions shall apply: (a) “BAWSCA members” means Stanford University, the California Water Service Company, and eligible public entities as defined by Section 81305. (b) “July 2009 Water Supply Agreement” means the water supply agreement by and between the City and County of San Francisco and the BAWSCA members, as amended or supplemented. (Added by Stats. 2012, Ch. 251, Sec. 1. (AB 2167) Effective January 1, 2013.)
  26. 81436.5.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2.5. Additional Financing Authority [81436 - 81438] ( Article 2.5 added by Stats. 2012, Ch. 251, Sec. 1. )

    Verify source ↗

    The agency may prepay some or all of an unpaid principal balance tied to existing capital assets, on behalf of BAWSCA members, under the July 2009 Water Supply Agreement.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2.5. Additional Financing Authority [81436 - 81438] ( Article 2.5 added by Stats. 2012, Ch. 251, Sec. 1. ) ## 81436.5. The agency may prepay all or a portion of any unpaid principal balance relating to the existing capital assets as of June 30, 2009, on behalf of BAWSCA members, as provided in the July 2009 Water Supply Agreement. (Added by Stats. 2012, Ch. 251, Sec. 1. (AB 2167) Effective January 1, 2013.)
  27. 81437.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2.5. Additional Financing Authority [81436 - 81438] ( Article 2.5 added by Stats. 2012, Ch. 251, Sec. 1. )

    Verify source ↗

    The agency may buy the right to receive certain Water Supply Agreement payments, and San Francisco may sell that right. If the agency requests it, San Francisco must keep collecting the payments and transfer them to the agency, which must use them for bond debt service and related obligations; surplus amounts may be distributed to BAWSCA members, and distributions may be conditioned on a waiver of prepayment rights.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2.5. Additional Financing Authority [81436 - 81438] ( Article 2.5 added by Stats. 2012, Ch. 251, Sec. 1. ) ## 81437. (a) (1) The agency may acquire from the City and County of San Francisco the right to receive all or a portion of the amounts payable by BAWSCA members under the July 2009 Water Supply Agreement. (2) The City and County of San Francisco may sell to the agency its right to receive amounts payable by BAWSCA members under the July 2009 Water Supply Agreement. (b) (1) If the agency acquires, and the City and County of San Francisco sells, the right to receive amounts payable pursuant to subdivision (a), if requested by the agency, the City and County of San Francisco shall continue to collect amounts payable by BAWSCA members under the July 2009 Water Supply Agreement in accordance with the terms of that agreement and the City and County of San Francisco shall transfer amounts so collected to the agency on a monthly basis or on a periodic basis agreed to by the agency and the City and County of San Francisco. (2) The agency shall apply amounts received pursuant to this subdivision to pay debt service on any bonds issued by the agency for a use authorized by Section 81437.5 and to satisfy all other obligations of the agency related to these bonds. (3) The agency may distribute any amounts received pursuant to this subdivision not needed for the purposes of this subdivision to BAWSCA members. The agency may condition any distribution pursuant to this paragraph upon BAWSCA members’ agreement to waive any right of prepayment respecting any amounts purchased that the member may have under the July 2009 Water Supply Agreement. (Added by Stats. 2012, Ch. 251, Sec. 1. (AB 2167) Effective January 1, 2013.)
  28. 81437.5.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2.5. Additional Financing Authority [81436 - 81438] ( Article 2.5 added by Stats. 2012, Ch. 251, Sec. 1. )

    Verify source ↗

    The agency may use bond proceeds for certain construction, repayment, prepayment or acquisition costs, and bond issuance or reserve fund costs.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2.5. Additional Financing Authority [81436 - 81438] ( Article 2.5 added by Stats. 2012, Ch. 251, Sec. 1. ) ## 81437.5. In addition to the uses authorized in Section 81434, the agency may use proceeds of bonds issued pursuant to this division as follows: (a) For the construction, reconstruction, or improvement of any works carried out by the agency on behalf of a BAWSCA member. (b) For the purpose of assisting in the repayment of any existing capital assets, if those assets were designed and intended in whole or in part to furnish water to BAWSCA members, whether those assets were carried out jointly by the agency and other local public agencies, or solely by those other public agencies. (c) To make a prepayment, as described in Section 81436.5, or an acquisition, as described in Section 81437. (d) To pay the costs of issuance of the bonds and to fund reserve funds securing the bonds. (Added by Stats. 2012, Ch. 251, Sec. 1. (AB 2167) Effective January 1, 2013.)
  29. 81438.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2.5. Additional Financing Authority [81436 - 81438] ( Article 2.5 added by Stats. 2012, Ch. 251, Sec. 1. )

    Verify source ↗

    The agency may set and collect certain rates, fees, and charges, and San Francisco must collect them as a surcharge if the agency asks.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 2.5. Additional Financing Authority [81436 - 81438] ( Article 2.5 added by Stats. 2012, Ch. 251, Sec. 1. ) ## 81438. (a) In addition to the authority granted in Section 81435, the agency may do all of the following: (1) Impose reasonable rates, fees, and charges on BAWSCA members for any program or service provided or work performed by the agency. (2) Impose rates, fees, and charges on BAWSCA members and any entity that subsequently serves a BAWSCA member’s service area in an amount as shall be necessary, together with other available sources of funds, to pay debt service on any bonds issued by the agency for a use authorized by Section 81437.5 and to satisfy all other obligations of the agency related to these bonds, including, but not limited to, funding and maintaining reserve funds and complying with financial covenants. (3) Distribute any amounts collected that are not needed for the purposes of this article to BAWSCA members. (b) If requested by the agency, the City and County of San Francisco shall collect any rates, fees, and charges imposed by the agency pursuant to this section as a surcharge under the July 2009 Water Supply Agreement. These amounts shall be collected in a manner, and with remedies for nonpayment, specified in an agreement between the agency and the City and County of San Francisco. (Added by Stats. 2012, Ch. 251, Sec. 1. (AB 2167) Effective January 1, 2013.)
  30. 81440.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 3. Controversies [81440 - 81442] ( Article 3 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The agency may sue and be sued in competent courts and tribunals.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 3. Controversies [81440 - 81442] ( Article 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81440. The agency may sue and be sued in all actions and proceedings and in all courts and tribunals of competent jurisdiction. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  31. 81441.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 3. Controversies [81440 - 81442] ( Article 3 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    Claims for money or damages against the agency are governed by specified Government Code provisions.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 3. Controversies [81440 - 81442] ( Article 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81441. All claims for money or damages against the agency are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  32. 81442.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 3. Controversies [81440 - 81442] ( Article 3 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    An action to determine whether a contract, bond, note, or other debt evidence is valid may be brought under Chapter 9 of the Code of Civil Procedure.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Agency [81415 - 81442] ( Chapter 4 added by Stats. 2002, Ch. 844, Sec. 1. ) ## ARTICLE 3. Controversies [81440 - 81442] ( Article 3 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81442. An action to determine the validity of any contract, or any bond, note, or other evidence of indebtedness, may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  33. 81445.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 5. Water Supply [81445 - 81452] ( Chapter 5 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The agency may acquire, develop, store, transport, provide, deliver, and sell water, and may acquire, build, operate, and maintain related works and facilities.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 5. Water Supply [81445 - 81452] ( Chapter 5 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81445. The agency may do all of the following: (a) Acquire water and water rights within or outside the state. (b) Develop, store, and transport water. (c) Provide, deliver, and sell water at wholesale for municipal, domestic, and industrial purposes to any city, county, district, other local public entity, public utility, or mutual water company located within the boundaries of the agency, and to Stanford University. (d) Acquire, construct, operate, and maintain any and all works, facilities, improvements, and property within or outside the boundaries of the agency necessary or convenient to carry out this division. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  34. 81446.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 5. Water Supply [81445 - 81452] ( Chapter 5 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The agency may study water supplies and future demand for its members, and may develop plans for projects and programs to help meet those future needs.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 5. Water Supply [81445 - 81452] ( Chapter 5 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81446. The agency may conduct studies of the water supplies available to its members, and their current and future demand for water. The agency may develop plans for projects and programs that can assist its members to meet those future water needs. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  35. 81447.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 5. Water Supply [81445 - 81452] ( Chapter 5 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The agency may provide, deliver, and sell surplus water, but it must prefer users within the agency. It may stop all or part of the surplus water supply if it gives the purchaser or user one year’s notice.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 5. Water Supply [81445 - 81452] ( Chapter 5 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81447. The agency may provide, deliver, and sell water not needed for municipal, domestic, or industrial uses within the boundaries of the agency for beneficial purposes but shall give preference to users within the agency. The supply of surplus water shall in every case be subject to the paramount right of the agency to discontinue that supply in whole or in part upon one year’s notice to the purchaser or user of that surplus water. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  36. 81448.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 5. Water Supply [81445 - 81452] ( Chapter 5 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The agency must not sell water to retail users within its boundaries.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 5. Water Supply [81445 - 81452] ( Chapter 5 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81448. The agency may not sell water to any retail user within the boundaries of the agency. Sales to Stanford University shall not be deemed sales to a retail user. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  37. 81449.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 5. Water Supply [81445 - 81452] ( Chapter 5 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The agency may use eminent domain to acquire property, including property inside or outside its boundaries, if the property is necessary or convenient to carry out this division, except as provided in Section 81452.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 5. Water Supply [81445 - 81452] ( Chapter 5 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81449. Except as provided in Section 81452, the agency may exercise the right of eminent domain in the manner provided by law to acquire any property, within or outside the boundaries of the agency, necessary or convenient to carry out this division. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  38. 81450.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 5. Water Supply [81445 - 81452] ( Chapter 5 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The agency may benefit from reservations or grants of rights to build or maintain water-related facilities, but it may not build facilities on land owned or controlled by San Francisco without San Francisco’s consent.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 5. Water Supply [81445 - 81452] ( Chapter 5 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81450. The agency is entitled to the benefit of any reservation or grant, in all cases, where any right has been reserved or granted to the state, or any agency or political subdivision thereof, or any public corporation, to construct or maintain water-related facilities in, under, or over any public or private lands. Nothing in this section authorizes the agency to construct facilities on lands owned or controlled by San Francisco without the consent of San Francisco. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  39. 81451.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 5. Water Supply [81445 - 81452] ( Chapter 5 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The agency may construct and operate works and facilities in, under, over, across, or along streets, public highways, or state-owned land.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 5. Water Supply [81445 - 81452] ( Chapter 5 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81451. The agency may construct and operate works and facilities in, under, over, across, or along any street or public highway or over any of the lands which are the property of the state to the same extent that those rights and privileges are granted to cities within the state. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  40. 81452.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 5. Water Supply [81445 - 81452] ( Chapter 5 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The agency must not take, interfere with, or control certain water distribution facilities unless the owner consents and the terms are mutually agreed.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 5. Water Supply [81445 - 81452] ( Chapter 5 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81452. The agency may not acquire by eminent domain, interfere with, or exercise any control over, any water distribution facility owned and operated by any city, city and county, local public entity, or public utility without the consent of, and upon those terms that are mutually agreed to by, that city, city and county, local public agency, or public utility. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  41. 81455.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 6. Changes in Organization [81455 - 81456.7] ( Chapter 6 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    When territory is annexed to or detached from a member public entity, it is treated as annexed to or detached from the agency once that annexation or detachment is completed.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 6. Changes in Organization [81455 - 81456.7] ( Chapter 6 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81455. Any territory annexed to, or detached from, a member public entity, upon completion of the annexation or detachment, shall be deemed annexed to, or detached from, the agency. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  42. 81456.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 6. Changes in Organization [81455 - 81456.7] ( Chapter 6 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    A qualifying public entity may join the agency if the board approves, and the new member must appoint one director.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 6. Changes in Organization [81455 - 81456.7] ( Chapter 6 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81456. (a) A public entity identified in Section 81305 that is not a member at the time the agency is formed pursuant to Section 81328 may thereafter join the agency, with the approval of the board of the agency and subject to those terms and conditions that the board determines are necessary to ensure that the new member pays an equitable share of the costs previously incurred by the agency. (b) The new member shall appoint one director and, for the purposes of this division, the new member shall be subject to the water delivery amounts described in Section 81460 that apply to that new member. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  43. 81456.5.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 6. Changes in Organization [81455 - 81456.7] ( Chapter 6 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    San Francisco may become a member of the agency if Section 81456 is followed.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 6. Changes in Organization [81455 - 81456.7] ( Chapter 6 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81456.5. San Francisco may become a member of the agency pursuant to Section 81456. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  44. 81456.7.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 6. Changes in Organization [81455 - 81456.7] ( Chapter 6 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    The agency must notify the Secretary of State in writing within 10 days after a new member is admitted.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 6. Changes in Organization [81455 - 81456.7] ( Chapter 6 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81456.7. Not later than 10 days after the date on which any new member is admitted, the agency shall notify in writing the Secretary of State with regard to the name of the new member and the date of its admission. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  45. 81457.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 7. Miscellaneous [81457 - 81461] ( Chapter 7 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    A public entity’s membership in the agency does not change its legal identity or existence, and does not reduce its powers.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 7. Miscellaneous [81457 - 81461] ( Chapter 7 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81457. Membership of a public entity in the agency does not affect the identity or legal existence, nor impair the powers, of that public entity. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  46. 81459.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 7. Miscellaneous [81457 - 81461] ( Chapter 7 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    This division must be interpreted liberally to carry out its purposes.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 7. Miscellaneous [81457 - 81461] ( Chapter 7 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81459. This division shall be liberally construed to carry out its purposes. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  47. 81460.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 7. Miscellaneous [81457 - 81461] ( Chapter 7 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    This section states the water delivery quantities used for specified entities and gives a special quantity for San Francisco if it becomes a member of the agency.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 7. Miscellaneous [81457 - 81461] ( Chapter 7 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81460. (a) The water delivery quantities set forth in subdivision (b) describe, for the purposes of this division, the average daily deliveries of water from San Francisco to the identified entities during the 2000–01 fiscal year. (b) The water delivery quantities are as follows: Name Average Daily Deliveries in Hundred Cubic Feet Alameda County Water District 15,709 California Water Service Company 49,610 City of Brisbane 489 City of Burlingame 6,503 City of Daly City 6,070 City of East Palo Alto 2,864 City of Hayward 24,546 Town of Hillsborough 5,099 City of Menlo Park 4,616 City of Millbrae 3,669 City of Milpitas 9,437 City of Mountain View 14,860 City of Palo Alto 18,438 City of Redwood City 15,753 City of San Bruno 3,266 City of San Jose 6,436 City of Santa Clara 5,473 City of Sunnyvale 13,112 Coastside County Water District 2,070 Estero Municipal Improvement District 7,873 Guadalupe Valley Municipal Improvement District 611 Mid-Peninsula Water District 4,789 North Coast County Water District 4,594 Purissima Hills Water District 2,921 Stanford University 3,604 Westborough Water District 1,352 (c) If San Francisco becomes a member of the agency, the average daily delivery of water to San Francisco during the 2000–01 fiscal year, for the purposes of this division, shall be determined to be 118,973 hundred cubic feet. (d) If one of the entities listed in subdivision (b) succeeds, whether by merger, consolidation, acquisition, assignment, or otherwise, to the rights and obligations of another entity under the July 2009 Water Supply Agreement, or any subsequent water supply contract, the successor entity’s quantity of water shall be increased, for purposes of Section 81405, by the amount of the nonsucceeding entity’s quantity of water, without the necessity for an amendment to subdivision (b). (Amended by Stats. 2010, Ch. 63, Sec. 5. (AB 2488) Effective January 1, 2011.)
  48. 81461.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 7. Miscellaneous [81457 - 81461] ( Chapter 7 added by Stats. 2002, Ch. 844, Sec. 1. )

    Verify source ↗

    This section says the act does not change governance, control, or ownership of the regional water system.

    ## Water Code - WAT ## DIVISION 31. BAY AREA WATER SUPPLY AND CONSERVATION AGENCY [81300 - 81461] ( Division 31 added by Stats. 2002, Ch. 844, Sec. 1. ) ## CHAPTER 7. Miscellaneous [81457 - 81461] ( Chapter 7 added by Stats. 2002, Ch. 844, Sec. 1. ) ## 81461. Nothing in this act changes the governance, control, or ownership of the regional water system. (Added by Stats. 2002, Ch. 844, Sec. 1. Effective January 1, 2003.)
  49. 8150.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts [8150 - 8165] ( Chapter 3 added by Stats. 1953, Ch. 138. ) ## ARTICLE 1. General Provisions [8150 - 8152] ( Article 1 added by Stats. 1953, Ch. 138. )

    Verify source ↗

    This section defines “drainage improvement” for this chapter.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts [8150 - 8165] ( Chapter 3 added by Stats. 1953, Ch. 138. ) ## ARTICLE 1. General Provisions [8150 - 8152] ( Article 1 added by Stats. 1953, Ch. 138. ) ## 8150. As used in this chapter, “drainage improvement” means any storm drain improvement, drainage improvement, or drainage system, authorized to be transferred pursuant to this chapter. (Added by Stats. 1953, Ch. 138.)
  50. 8151.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts [8150 - 8165] ( Chapter 3 added by Stats. 1953, Ch. 138. ) ## ARTICLE 1. General Provisions [8150 - 8152] ( Article 1 added by Stats. 1953, Ch. 138. )

    Verify source ↗

    This section defines “date of transfer” for this chapter.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts [8150 - 8165] ( Chapter 3 added by Stats. 1953, Ch. 138. ) ## ARTICLE 1. General Provisions [8150 - 8152] ( Article 1 added by Stats. 1953, Ch. 138. ) ## 8151. As used in this chapter, “date of transfer” means (a) the date of the resolution of the governing body of a flood control district accepting any drainage improvement transferred to it by a county as provided in Article 2 of this chapter, and (b) the date of the resolution, order, or ordinance of the legislative body of any city transferring and conveying any drainage improvement to the flood control district pursuant to Article 3 of this chapter. (Added by Stats. 1953, Ch. 138.)
  51. 8152.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts [8150 - 8165] ( Chapter 3 added by Stats. 1953, Ch. 138. ) ## ARTICLE 1. General Provisions [8150 - 8152] ( Article 1 added by Stats. 1953, Ch. 138. )

    Verify source ↗

    This section defines “city” to include a city and county, and says “county” does not include a city and county.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts [8150 - 8165] ( Chapter 3 added by Stats. 1953, Ch. 138. ) ## ARTICLE 1. General Provisions [8150 - 8152] ( Article 1 added by Stats. 1953, Ch. 138. ) ## 8152. As used in this chapter “city” includes city and county, and “county” does not include city and county. (Added by Stats. 1953, Ch. 138.)
  52. 8155.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts [8150 - 8165] ( Chapter 3 added by Stats. 1953, Ch. 138. ) ## ARTICLE 2. Transfers by Counties [8155 - 8158] ( Article 2 added by Stats. 1953, Ch. 138. )

    Verify source ↗

    This section describes which drainage improvements may be transferred and conveyed to a flood control district.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts [8150 - 8165] ( Chapter 3 added by Stats. 1953, Ch. 138. ) ## ARTICLE 2. Transfers by Counties [8155 - 8158] ( Article 2 added by Stats. 1953, Ch. 138. ) ## 8155. Drainage improvements authorized to be transferred and conveyed by this article are those which lie within the territorial limits of the flood control district to which they are conveyed, and are included in one or all of the following classes: (a) Those which were constructed under the jurisdiction, control, or supervision of the board of supervisors of the county, and which are under the jurisdiction of the board. (b) Those which were constructed by or for the county or any drainage district or flood control district in such county. (c) Those constructed pursuant to the provisions of an act entitled “An act to promote the drainage of wet, swamp and overflowed lands, and to promote the public health in communities in which they lie,” approved March 21, 1903, as amended, and those which have been constructed pursuant to the provisions of the Drainage District Improvement Act of 1919, as amended, prior to January 1, 1937. (d) Those within any city in such county whose legislative body has transferred and conveyed such drainage improvements to a flood control district, pursuant to Article 3 of this chapter. (Added by Stats. 1953, Ch. 138.)
  53. 8156.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts [8150 - 8165] ( Chapter 3 added by Stats. 1953, Ch. 138. ) ## ARTICLE 2. Transfers by Counties [8155 - 8158] ( Article 2 added by Stats. 1953, Ch. 138. )

    Verify source ↗

    A county may transfer all drainage improvements in the relevant classes to a flood control district if approved by a four-fifths vote of its board of supervisors.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts [8150 - 8165] ( Chapter 3 added by Stats. 1953, Ch. 138. ) ## ARTICLE 2. Transfers by Counties [8155 - 8158] ( Article 2 added by Stats. 1953, Ch. 138. ) ## 8156. Any county within the limits of which there are drainage improvements within any of the classes mentioned in Section 8155 may, by a four-fifths vote of the members of the board of supervisors, transfer and convey all, but not less than all, of the drainage improvements in the county and within such classes to any flood control district in the county. The flood control district shall thereupon assume sole control and jurisdiction over such drainage improvements. (Added by Stats. 1953, Ch. 138.)
  54. 8157.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts [8150 - 8165] ( Chapter 3 added by Stats. 1953, Ch. 138. ) ## ARTICLE 2. Transfers by Counties [8155 - 8158] ( Article 2 added by Stats. 1953, Ch. 138. )

    Verify source ↗

    When a flood control district accepts transferred drainage improvements by a four-fifths vote of its governing body, it must take over operation, maintenance, and repair, and it becomes solely liable for specified bond principal and interest.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts [8150 - 8165] ( Chapter 3 added by Stats. 1953, Ch. 138. ) ## ARTICLE 2. Transfers by Counties [8155 - 8158] ( Article 2 added by Stats. 1953, Ch. 138. ) ## 8157. The flood control district to which such drainage improvements are transferred shall, upon acceptance of such transfer by four-fifths vote of the members of the governing body of the district, assume and provide for the operation, maintenance, and repair thereof, and thereupon be and become solely liable for the payment of the principal upon the bonds of any drainage improvement district, including bonds of districts secured by and payable out of a fund derived from specific or direct assessments which are a lien against particular parcels of land issued pursuant to the Drainage District Improvement Act of 1919, maturing subsequent to the date of such conveyance and transfer and for the payment of the interest upon the bonded debt of such drainage district represented by coupons maturing subsequent to the date of transfer. (Added by Stats. 1953, Ch. 138.)
  55. 8158.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts [8150 - 8165] ( Chapter 3 added by Stats. 1953, Ch. 138. ) ## ARTICLE 2. Transfers by Counties [8155 - 8158] ( Article 2 added by Stats. 1953, Ch. 138. )

    Verify source ↗

    After a transfer, no tax may be levied on lands in the drainage district for later-maturing bond principal and interest, except a levy made by the flood control district.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts [8150 - 8165] ( Chapter 3 added by Stats. 1953, Ch. 138. ) ## ARTICLE 2. Transfers by Counties [8155 - 8158] ( Article 2 added by Stats. 1953, Ch. 138. ) ## 8158. From and after the date of transfer no tax shall be levied upon the lands within any such drainage district for the payment of the subsequently maturing principal and interest upon bonds of such district, except such levy as may be made by the flood control district. However, the lands within such drainage district or districts shall be and remain liable for the payment of all of the following: (a) All previously maturing principal and interest. (b) All levies of drainage district taxes theretofore levied. (c) All installments of specific or direct assessments theretofore due or delinquent. The proceeds of the collection of such drainage district taxes and assessments shall be applied solely and exclusively to the payment of the principal and interest for which they were levied, and the surplus, if any, of the proceeds of such collections shall be deposited in the county treasury to the credit of the interest and sinking fund of the flood control district and used solely and exclusively for the payment of principal and interest of the bonds of the flood control district. (Added by Stats. 1953, Ch. 138.)
  56. 8160.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts [8150 - 8165] ( Chapter 3 added by Stats. 1953, Ch. 138. ) ## ARTICLE 3. Transfers by Cities [8160 - 8164] ( Article 3 added by Stats. 1953, Ch. 138. )

    Verify source ↗

    A qualifying city may transfer a drainage improvement to a flood control district by a four-fifths vote, and the district must accept drainage improvements conveyed under this article if the stated prior-article condition is met.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts [8150 - 8165] ( Chapter 3 added by Stats. 1953, Ch. 138. ) ## ARTICLE 3. Transfers by Cities [8160 - 8164] ( Article 3 added by Stats. 1953, Ch. 138. ) ## 8160. Any city within the limits of which any drainage improvement has been constructed, and which drainage improvement also lies within the territorial limits of a flood control district, may, by four-fifths vote of the legislative body of the city, transfer and convey to the flood control district any drainage improvement; and, if drainage improvements have been conveyed to and accepted by a flood control district under the provisions of Article 2 of this chapter, such flood control district shall accept any drainage improvements conveyed to it by any city under this article. (Added by Stats. 1953, Ch. 138.)
  57. 81600.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81600 - 81610] ( Chapter 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. General Provisions [81600 - 81601] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    This division may be cited as the San Francisco Bay Area Regional Water System Financing Authority Act.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81600 - 81610] ( Chapter 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. General Provisions [81600 - 81601] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81600. This division shall be known and may be cited as the San Francisco Bay Area Regional Water System Financing Authority Act. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  58. 81601.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81600 - 81610] ( Chapter 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. General Provisions [81600 - 81601] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    The section states legislative findings about the San Francisco regional water system and says the Legislature intends to support financing and reconstruction without changing its governance, control, or ownership.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81600 - 81610] ( Chapter 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. General Provisions [81600 - 81601] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81601. The Legislature finds and declares all of the following: (a) The City and County of San Francisco has acquired or constructed a system of reservoirs, pipelines and tunnels, and treatment plants that provides water to 2.4 million Californians who live in San Francisco and in neighboring communities in Alameda, San Mateo, and Santa Clara Counties. (b) Over two-thirds of the Californians who rely on San Francisco’s regional water system, approximately 1.6 million persons, live outside San Francisco. A substantial majority of industrial, commercial, institutional, and governmental users are also located in neighboring communities rather than in San Francisco itself. (c) The reliability of this water infrastructure system is of vital importance to the health, welfare, safety, and economy of the region which it supplies. (d) In turn, this region is of vital importance to the entire State of California, because of the resident industries, universities, and commercial enterprises that employ millions of Californians and generate billions of dollars in exports and tax revenues to the state. (e) The regional water system is old, designed to outdated seismic safety standards, and either crosses or is located on, or adjacent to, three major active earthquake faults, the Calaveras Fault, the San Andreas Fault, and the Hayward Fault. Engineering investigations have disclosed that the system is at risk of catastrophic failure in a major earthquake. Many areas in all four counties now served, in the event of a major earthquake, face possible interruptions in their supplies of potable water for up to 30 days, and some areas could be without water for as long as 60 days. (f) Interruptions in water supply of this magnitude and duration to a densely populated metropolitan region could be disastrous for public health and safety and for the regional and state economy. In addition, uncontrolled releases of water from pipelines, tunnels, and reservoirs could create severe flood damage and environmental harm to fish and wildlife habitat in the communities in which those facilities are located. (g) Pursuant to the terms of the master water sales contract between the City and County of San Francisco and its wholesale customers, the retail water customers of the City and County of San Francisco provide the initial financing for the construction of improvements to the regional water system, and the wholesale customers do not pay for those improvements until those improvements are placed into service. (h) Many separate cities, special districts, and public utilities are responsible for the distribution of water in portions of the bay area served, on a wholesale basis, by the San Francisco regional water supply system. The distribution of responsibility among many agencies impedes coordinated regional actions, including financing, to respond to the crisis. (i) It is the intent of the Legislature to enable the City and County of San Francisco, and the entities in Alameda, San Mateo, and Santa Clara Counties that rely on the San Francisco regional water system, acting collectively, to secure funds necessary to implement the prompt construction and reconstruction of the San Francisco regional water system, and to make those funds available to the City and County of San Francisco for projects designed and intended in substantial part to improve the reliability of the regional water system, including, but not limited to, strengthening the system’s ability to withstand seismic events. (j) It is not the intent of the Legislature to change the governance structure, operational control, or existing ownership of San Francisco’s regional water system. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  59. 81602.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81600 - 81610] ( Chapter 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Definitions [81602 - 81610] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    The definitions in this article govern how this division is interpreted, unless the context requires otherwise.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81600 - 81610] ( Chapter 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Definitions [81602 - 81610] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81602. Unless the context otherwise requires, the definitions in this article govern the construction of this division. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  60. 81603.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81600 - 81610] ( Chapter 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Definitions [81602 - 81610] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    This section defines “Authority” as the San Francisco Bay Area Regional Water System Financing Authority.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81600 - 81610] ( Chapter 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Definitions [81602 - 81610] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81603. “Authority” means the San Francisco Bay Area Regional Water System Financing Authority. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  61. 81604.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81600 - 81610] ( Chapter 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Definitions [81602 - 81610] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    This section defines “Board” as the board of directors of the authority.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81600 - 81610] ( Chapter 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Definitions [81602 - 81610] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81604. “Board” means the board of directors of the authority. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  62. 81606.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81600 - 81610] ( Chapter 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Definitions [81602 - 81610] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    This section defines “Master water sales contract” as a specific settlement agreement and master water sales contract dated July 1, 1984.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81600 - 81610] ( Chapter 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Definitions [81602 - 81610] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81606. “Master water sales contract” means the document entitled “Settlement Agreement and Master Water Sales Contract between the City and County of San Francisco and Certain Suburban Purchasers in San Mateo County, Santa Clara County, and Alameda County,” dated July 1, 1984. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  63. 81608.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81600 - 81610] ( Chapter 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Definitions [81602 - 81610] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    This section defines “project” to include a work and related or necessary activities for acquisition, construction, operation, and maintenance.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81600 - 81610] ( Chapter 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Definitions [81602 - 81610] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81608. “Project” means a work and all of the activities related to, or necessary for, the acquisition, construction, operation, and maintenance of a work including, but not limited to, planning, design, financing, contracting, project management, and administration. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  64. 81608.5.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81600 - 81610] ( Chapter 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Definitions [81602 - 81610] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    This section defines “Public entities” for this chapter.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81600 - 81610] ( Chapter 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Definitions [81602 - 81610] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81608.5. “Public entities” means San Francisco and the public entities in the Counties of Alameda, San Mateo, and Santa Clara that purchase water from San Francisco pursuant to the July 2009 Water Supply Agreement, or any subsequent water supply contract, that include Alameda County Water District, City of Brisbane, City of Burlingame, Coastside County Water District, City of Daly City, City of East Palo Alto, Estero Municipal Improvement District, Guadalupe Valley Municipal Improvement District, City of Hayward, Town of Hillsborough, City of Menlo Park, Mid-Peninsula Water District, City of Millbrae, City of Milpitas, City of Mountain View, North Coast County Water District, City of Palo Alto, Purissima Hills Water District, City of Redwood City, City of San Bruno, City of San Jose, City of Santa Clara, City of Sunnyvale, and Westborough Water District. (Amended by Stats. 2010, Ch. 63, Sec. 6. (AB 2488) Effective January 1, 2011.)
  65. 81609.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81600 - 81610] ( Chapter 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Definitions [81602 - 81610] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    This section defines “Regional water system” as certain water storage, treatment, and transmission facilities operated and maintained by San Francisco in specified counties and three terminal reservoirs in San Francisco.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81600 - 81610] ( Chapter 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Definitions [81602 - 81610] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81609. “Regional water system” means facilities for the storage, treatment, and transmission of water operated and maintained by San Francisco located in the Counties of Tuolumne, Stanislaus, San Joaquin, Alameda, Santa Clara, San Mateo, and three terminal reservoirs in San Francisco. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  66. 8161.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts [8150 - 8165] ( Chapter 3 added by Stats. 1953, Ch. 138. ) ## ARTICLE 3. Transfers by Cities [8160 - 8164] ( Article 3 added by Stats. 1953, Ch. 138. )

    Verify source ↗

    The flood control district must take over and handle the operation, maintenance, repair, and improvement of the drainage improvements.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts [8150 - 8165] ( Chapter 3 added by Stats. 1953, Ch. 138. ) ## ARTICLE 3. Transfers by Cities [8160 - 8164] ( Article 3 added by Stats. 1953, Ch. 138. ) ## 8161. Thereupon the flood control district shall assume and provide for the operation, maintenance, repair, and improvement of such drainage improvements. (Added by Stats. 1953, Ch. 138.)
  67. 81610.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81600 - 81610] ( Chapter 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Definitions [81602 - 81610] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    This section defines “San Francisco” as the City and County of San Francisco.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [81600 - 81610] ( Chapter 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Definitions [81602 - 81610] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81610. “San Francisco” means the City and County of San Francisco. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  68. 81615.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 2. Creation of Authority [81615- 81615.] ( Chapter 2 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    This section creates the San Francisco Bay Area Regional Water System Financing Authority and identifies its members.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 2. Creation of Authority [81615- 81615.] ( Chapter 2 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81615. (a) The San Francisco Bay Area Regional Water System Financing Authority is hereby created. (b) The members of the authority include the public entities identified in Section 81608.5, Stanford University, and the California Water Service Company. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  69. 8162.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts [8150 - 8165] ( Chapter 3 added by Stats. 1953, Ch. 138. ) ## ARTICLE 3. Transfers by Cities [8160 - 8164] ( Article 3 added by Stats. 1953, Ch. 138. )

    Verify source ↗

    After the transfer date, the flood control district is solely responsible for paying specified drainage-district bond principal and later-maturing interest.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts [8150 - 8165] ( Chapter 3 added by Stats. 1953, Ch. 138. ) ## ARTICLE 3. Transfers by Cities [8160 - 8164] ( Article 3 added by Stats. 1953, Ch. 138. ) ## 8162. From and after the date of transfer such flood control district is solely liable for the payment of the principal upon the general obligation bonds of any such drainage improvement district and upon bonds of such district secured by and payable out of a fund derived from specific or direct assessments which are a lien upon particular parcels of land, issued pursuant to the Improvement Bond Act of 1915, and for the payment of interest upon the bonded debt of any such drainage district represented by coupons maturing subsequent to the date of transfer. (Added by Stats. 1953, Ch. 138.)
  70. 81628.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 3. Government of Authority [81628 - 81643] ( Chapter 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Board of Directors [81628 - 81637] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    The authority must be governed by a board of directors.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 3. Government of Authority [81628 - 81643] ( Chapter 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Board of Directors [81628 - 81637] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81628. The authority shall be governed by a board of directors. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  71. 81629.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 3. Government of Authority [81628 - 81643] ( Chapter 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Board of Directors [81628 - 81637] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    This section requires member public entities to appoint board members, sets qualifications for directors, and requires initial appointments by March 1, 2003.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 3. Government of Authority [81628 - 81643] ( Chapter 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Board of Directors [81628 - 81637] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81629. (a) The governing body of each member public entity, other than San Francisco, shall appoint one voting member to the board of the authority. Subject to Section 81673, the governing body of San Francisco shall appoint one nonvoting member to the board of the authority. Each director shall be a registered voter and reside within the boundaries of the member public entity whose governing board appoints him or her. (b) For the purposes of subdivision (a), the governing body of a member public entity may appoint one of its own members to the board if the person otherwise meets the requirements of that subdivision. (c) (1) The Board of Supervisors of San Mateo County shall appoint one voting member to the board who is a resident of San Mateo County, receives water from the California Water Service Company, and is not an officer or employee of the California Water Service Company. (2) The Board of Supervisors of Santa Clara County shall appoint one voting member to the board who is a resident of Santa Clara County, receives water from Stanford University, and is not an officer or employee of Stanford University. (d) If a person appointed pursuant to this section ceases to possess the qualifications for this office set forth in this section, the office shall become vacant and the vacancy shall be filled pursuant to subdivision (c) of Section 81631. (e) No incompatibility of office shall result from an elected official serving on the board of the authority and on the governing board of a member public entity. (f) The initial appointments shall be made not later than March 1, 2003. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  72. 8163.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts [8150 - 8165] ( Chapter 3 added by Stats. 1953, Ch. 138. ) ## ARTICLE 3. Transfers by Cities [8160 - 8164] ( Article 3 added by Stats. 1953, Ch. 138. )

    Verify source ↗

    After a transfer, no tax may be levied on the drainage district lands to pay later-maturing bond principal and interest, except a levy made by the flood control district.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts [8150 - 8165] ( Chapter 3 added by Stats. 1953, Ch. 138. ) ## ARTICLE 3. Transfers by Cities [8160 - 8164] ( Article 3 added by Stats. 1953, Ch. 138. ) ## 8163. From and after the date of transfer no tax shall be levied upon the lands within any such drainage district for the payment of the subsequently maturing principal and interest upon the bonds of such district, except such levy as may be made by the flood control district. However, the lands within such drainage distict or districts shall be and remain liable for the payment of all of the following: (a) All previously maturing principal and interest. (b) All levies of drainage district taxes theretofore levied. (c) All installments of specific assessments securing such bonds which are payable or delinquent at the date of transfer. (Added by Stats. 1953, Ch. 138.)
  73. 81630.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 3. Government of Authority [81628 - 81643] ( Chapter 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Board of Directors [81628 - 81637] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    Each director must take the oath of office before starting the duties of office. The board chairperson, vice chairperson, or agency secretary may administer the oath.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 3. Government of Authority [81628 - 81643] ( Chapter 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Board of Directors [81628 - 81637] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81630. Each director, before entering upon the duties of his or her office, shall take the oath of office as provided for in the Constitution and laws of the state. The chairperson or vice chairperson of the board, or the secretary of the agency, may administer the oath. (Amended by Stats. 2010, Ch. 63, Sec. 7. (AB 2488) Effective January 1, 2011.)
  74. 81631.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 3. Government of Authority [81628 - 81643] ( Chapter 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Board of Directors [81628 - 81637] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    Directors serve four-year terms, with the initial board splitting some terms by lot. Appointing authorities may reappoint directors without term limits, and any board vacancy must be filled within 90 days.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 3. Government of Authority [81628 - 81643] ( Chapter 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Board of Directors [81628 - 81637] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81631. (a) Each director shall serve for a term of four years. (b) Notwithstanding subdivision (a), the directors initially appointed to the board shall determine, by lot, that one-half plus one of their number shall serve for four years and the remaining directors shall serve for two years. Thereafter, each appointing authority shall appoint a person to replace its respective director or may reappoint its director for an unlimited number of terms. (c) A vacancy on the board shall be filled by the respective appointing authority not later than 90 days from the date of the occurrence of the vacancy. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  75. 81632.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 3. Government of Authority [81628 - 81643] ( Chapter 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Board of Directors [81628 - 81637] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    Certain directors may receive board-set compensation and may be reimbursed for qualifying expenses, subject to stated limits.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 3. Government of Authority [81628 - 81643] ( Chapter 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Board of Directors [81628 - 81637] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81632. Each director who is not an officer or employee of an appointing entity may receive compensation in an amount prescribed by the board, not to exceed one hundred dollars ($100) per day for each day’s attendance at meetings of the board, not to exceed four meetings in any calendar month. In addition, each director may be reimbursed for actual, necessary, and reasonable expenses incurred in the performance of duties performed at the request of the board. The compensation of directors may be increased pursuant to Chapter 2 (commencing with Section 20200) of Division 10. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  76. 81633.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 3. Government of Authority [81628 - 81643] ( Chapter 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Board of Directors [81628 - 81637] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    A majority of the voting members of the board is a quorum, and the board may act only by ordinance, resolution, or motion.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 3. Government of Authority [81628 - 81643] ( Chapter 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Board of Directors [81628 - 81637] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81633. A majority of the voting members of the board constitutes a quorum for the transaction of business. The board may act only by ordinance, resolution, or motion. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  77. 81634.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 3. Government of Authority [81628 - 81643] ( Chapter 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Board of Directors [81628 - 81637] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    The board must meet for the first time as soon as possible after the initial directors are appointed, and it must elect a chairperson and vice-chairperson at that first meeting and again at its January first meeting each year.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 3. Government of Authority [81628 - 81643] ( Chapter 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Board of Directors [81628 - 81637] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81634. The board shall hold its first meeting as soon as possible after the appointment of the initial directors. At its first meeting, and at its first meeting in January each year thereafter, the board shall elect a chairperson and a vice-chairperson from among its members. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  78. 81635.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 3. Government of Authority [81628 - 81643] ( Chapter 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Board of Directors [81628 - 81637] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    The board must set the time and place for its regular meetings, and all board meetings must be called and held under the Ralph M. Brown Act.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 3. Government of Authority [81628 - 81643] ( Chapter 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Board of Directors [81628 - 81637] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81635. The board shall provide for the time and place of holding its regular meetings. All meetings of the board shall be called and held in accordance with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  79. 81636.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 3. Government of Authority [81628 - 81643] ( Chapter 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Board of Directors [81628 - 81637] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    Each voting director gets one vote, and a majority of all voting board members is enough to carry a motion, resolution, or ordinance unless Section 81653 says otherwise.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 3. Government of Authority [81628 - 81643] ( Chapter 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Board of Directors [81628 - 81637] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81636. Each voting director has one vote on any ordinance, resolution, or motion before the board. Except as provided in Section 81653, the affirmative vote of a majority of all voting members of the board is necessary and sufficient to carry any motion, resolution, or ordinance. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  80. 81637.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 3. Government of Authority [81628 - 81643] ( Chapter 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Board of Directors [81628 - 81637] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    The board must call the roll and record the ayes and noes for ordinances and resolutions, and it may adopt motions by voice vote unless any director requests a roll call.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 3. Government of Authority [81628 - 81643] ( Chapter 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Board of Directors [81628 - 81637] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81637. (a) On all ordinances and resolutions, the roll shall be called and ayes and noes recorded in the minutes of the proceedings of the board. (b) Motions may be adopted by voice vote, except that the roll shall be called at the request of any director. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  81. 8164.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts [8150 - 8165] ( Chapter 3 added by Stats. 1953, Ch. 138. ) ## ARTICLE 3. Transfers by Cities [8160 - 8164] ( Article 3 added by Stats. 1953, Ch. 138. )

    Verify source ↗

    The collected drainage district taxes and assessments must be used only to pay the principal and interest for which they were levied; any surplus must go into the county treasury for the flood control district’s interest and sinking fund and be used only to pay bond principal and interest.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts [8150 - 8165] ( Chapter 3 added by Stats. 1953, Ch. 138. ) ## ARTICLE 3. Transfers by Cities [8160 - 8164] ( Article 3 added by Stats. 1953, Ch. 138. ) ## 8164. The proceeds of the collection of such drainage district taxes and assessments shall be applied solely and exclusively to the payment of the principal and interest for which they were levied and the surplus, if any, of the proceeds of such collections shall be deposited in the county treasury to the credit of the interest and sinking fund of such flood control district and used solely and exclusively for the payment of principal and interest of the bonds of such flood control district. (Added by Stats. 1953, Ch. 138.)
  82. 81640.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 3. Government of Authority [81628 - 81643] ( Chapter 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Officers and Employees [81640 - 81643] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    The board must appoint a general manager, a financial officer, and a secretary, and it may create other offices if needed or convenient.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 3. Government of Authority [81628 - 81643] ( Chapter 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Officers and Employees [81640 - 81643] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81640. The board shall appoint a general manager, a financial officer, and a secretary. The board may establish other offices that may be necessary or convenient. The board shall appoint, and prescribe the duties, compensation, and terms and conditions of employment of, all officers. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  83. 81641.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 3. Government of Authority [81628 - 81643] ( Chapter 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Officers and Employees [81640 - 81643] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    The board may hire employees it finds necessary or convenient, and it may let the general manager hire or contract for additional assistants or employees.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 3. Government of Authority [81628 - 81643] ( Chapter 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Officers and Employees [81640 - 81643] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81641. The board may employ other employees that the board determines are necessary or convenient and may delegate to the general manager the authority to employ or contract for the services of additional assistants or employees that the general manager determines to be necessary or convenient to operate the authority. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  84. 81642.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 3. Government of Authority [81628 - 81643] ( Chapter 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Officers and Employees [81640 - 81643] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    The board may require officers and employees to have official bonds, and set the bond amount, when needed to protect the authority’s funds and property.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 3. Government of Authority [81628 - 81643] ( Chapter 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Officers and Employees [81640 - 81643] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81642. The board may require, and establish the amount of, official bonds of officers and employees that are necessary for the protection of the funds and property of the authority. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  85. 81643.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 3. Government of Authority [81628 - 81643] ( Chapter 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Officers and Employees [81640 - 81643] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    This section says the Government Code’s conflict-of-interest rule applies to all authority officers and employees, with a narrow vote exception for a director on a contract with the appointing public entity.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 3. Government of Authority [81628 - 81643] ( Chapter 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Officers and Employees [81640 - 81643] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81643. (a) Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1 of the Government Code applies to all officers and employees of the authority, except that a director may vote on a contract between the authority and the public entity that appointed him or her to the authority’s board. Notwithstanding the membership on the board of the members appointed pursuant to subdivision (c) of Section 81629, a contract between the authority and the California Water Service Company or between the authority and Stanford University does not violate Section 1090 of the Government Code, nor is that contract void or voidable under Section 1092 of the Government Code. (b) The authority is a “local government agency” for purposes of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code). (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  86. 81645.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Powers [81645 - 81649] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    The authority may use powers expressly granted by this division, plus powers reasonably implied from them and those necessary to carry out the division.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Powers [81645 - 81649] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81645. The authority may exercise the powers that are expressly granted by this division, together with other powers that are reasonably implied from those expressed powers, and powers necessary and proper to carry out this division. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  87. 81646.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Powers [81645 - 81649] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    The authority may make contracts and may contract with government, public, private entities, or persons.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Powers [81645 - 81649] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81646. (a) The authority may make contracts of any nature, including, but not limited to, contracts to employ labor, to indemnify and hold harmless, and to do all acts necessary or convenient for the full exercise of its powers. (b) The authority may contract with any department or agency of the United States or the state, or with any public or private entity, or person. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  88. 81647.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Powers [81645 - 81649] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    The authority may acquire, hold, lease, sell, or otherwise dispose of real and personal property, inside or outside its boundaries.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Powers [81645 - 81649] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81647. The authority may take by grant, purchase, bequest, devise, or lease and may hold, enjoy, lease, sell, or otherwise dispose of real and personal property of any kind, within or outside the boundaries of the authority. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  89. 81648.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Powers [81645 - 81649] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    The authority may apply for and receive state and federal grants, loans, and other financial assistance.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Powers [81645 - 81649] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81648. The authority may apply for and receive state and federal grants, loans, and other financial assistance. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  90. 81649.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Powers [81645 - 81649] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    This provision says the division does not change the governance, control, or ownership of the regional water system.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 1. Powers [81645 - 81649] ( Article 1 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81649. Nothing in this division changes the governance, control, or ownership of the regional water system. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  91. 8165.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts [8150 - 8165] ( Chapter 3 added by Stats. 1953, Ch. 138. ) ## ARTICLE 4. Cancellation and Refund of Assessments [8165- 8165.] ( Article 4 added by Stats. 1953, Ch. 138. )

    Verify source ↗

    The county or city legislative body may cancel certain assessment taxes and installments, refund and adjust certain payments, and cancel some assessment installments tied to retired bonds, if the section’s conditions are met.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts [8150 - 8165] ( Chapter 3 added by Stats. 1953, Ch. 138. ) ## ARTICLE 4. Cancellation and Refund of Assessments [8165- 8165.] ( Article 4 added by Stats. 1953, Ch. 138. ) ## 8165. The legislative body of the county or city which conducted the proceedings for the organization of such drainage improvement districts may do all of the following: (a) Order the cancellation of any special assessment district tax levied upon property within such special assessment districts subsequent to the date of transfer and any unpaid installments of specific or direct assessments becoming due or delinquent subsequent to the date of transfer. (b) Refund and adjust all payments made upon such installments becoming due or delinquent subsequent to the date of transfer. (c) Cancel any and all installments of specific or direct assessments levied to retire bonds issued under the Improvement Bond Act of 1915, due or delinquent prior to the date of transfer in any case in which the principal and interest upon such bonds maturing prior to the date of transfer have been paid and the bonds so matured have been canceled and retired. (Added by Stats. 1953, Ch. 138.)
  92. 81650.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Financial Matters [81650 - 81658] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    The board must adopt a budget for each fiscal year.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Financial Matters [81650 - 81658] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81650. The board shall adopt a budget for each fiscal year. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  93. 81651.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Financial Matters [81650 - 81658] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    The authority’s accounts must be audited every year by independent certified public accountants.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Financial Matters [81650 - 81658] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81651. The accounts of the authority shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants with experience in auditing the accounts of local public entities. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  94. 81652.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Financial Matters [81650 - 81658] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    The authority may borrow money, take on debt, and issue notes and bonds, subject to this division or other law.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Financial Matters [81650 - 81658] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81652. The authority may borrow money, incur indebtedness, and issue notes and bonds as provided in this division, or as otherwise authorized by law. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  95. 81653.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Financial Matters [81650 - 81658] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    The authority may issue revenue bonds if it adopts an ordinance by a two-thirds vote of the voting board members and gives notice and a public hearing. It must also publish newspaper notice and allow public comments, and it cannot issue revenue bonds after December 31, 2030.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Financial Matters [81650 - 81658] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81653. (a) The authority may issue revenue bonds upon the adoption of an ordinance by a two-thirds vote of all of the voting members of the board, after notice and public hearing. For the purposes of issuing bonds pursuant to this subdivision, the authority need not conduct an election or otherwise secure the approval of the voters within the boundaries of the authority. (b) The authority shall publish a notice in a newspaper of general circulation at least 15 days before the date of the meeting at which the issuance of revenue bonds is to be considered and shall provide an opportunity for public comments during that meeting and before the directors vote on the issuance of those bonds. (c) The authority may not issue any revenue bonds after December 31, 2030. (Amended by Stats. 2019, Ch. 214, Sec. 3. (SB 699) Effective January 1, 2020.)
  96. 81654.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Financial Matters [81650 - 81658] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    The authority may issue bonds to refund its revenue bonds, whether or not those bonds are already due.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Financial Matters [81650 - 81658] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81654. The authority may issue bonds for the purpose of refunding any revenue bonds of the authority, whether due or not due. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  97. 81655.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Financial Matters [81650 - 81658] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    The authority may issue negotiable promissory notes to raise funds, but the notes must not run longer than five years and the total outstanding amount at any time must not exceed $1,000,000.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Financial Matters [81650 - 81658] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81655. The authority may issue negotiable promissory notes to acquire funds for any authority purpose. The notes shall have a term not to exceed five years. The total amount of notes issued pursuant to this section that may be outstanding at any one time may not exceed one million dollars ($1,000,000). (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  98. 81656.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Financial Matters [81650 - 81658] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    Authority bonds and other evidences of indebtedness are legal investments for certain trust funds, insurers, banks, trust companies, and state schools.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Financial Matters [81650 - 81658] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81656. Bonds and other evidences of indebtedness issued by the authority are legal investments for all trust funds and for funds of all insurers, commercial and savings banks, trust companies, and state schools. Funds that may be invested in bonds of cities, cities and counties, counties, school districts, or other local entities may also be invested in bonds and other evidences of indebtedness of the authority. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  99. 81658.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Financial Matters [81650 - 81658] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    Bond proceeds must be used only for projects that substantially improve the regional water system’s reliability, and San Francisco must accept contract terms, impose and transmit certain surcharges, and provide information tied to those bond proceeds.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 2. Financial Matters [81650 - 81658] ( Article 2 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81658. (a) The proceeds of revenue bonds issued by the authority in accordance with this division may be used only on projects designed and intended in substantial part to improve the reliability of the regional water system, including, but not limited to, strengthening the system’s ability to withstand seismic events. (b) The proceeds shall be made available for the purposes set forth in subdivision (a) upon terms and conditions that the board determines necessary and appropriate. The terms and conditions shall include, but are not limited to, San Francisco’s entering into one or more legally binding contracts with the authority that, at a minimum, do all of the following: (1) Identify specific projects and proposed completion dates, subject to reasonable delays, for which the proceeds are to be used. (2) Grant to the authority the authority to oversee and audit the disposition of proceeds to third party consultants, suppliers, and contractors. (3) Grant to the authority the authority to determine the procedure by which contracts are awarded to consultants, suppliers, and contractors, consistent with the requirements of San Francisco’s charter and ordinances. (4) Grant to the authority the authority to inspect the construction of projects on which bond proceeds are expended. (5) Require San Francisco to provide complete, accurate, and timely information to the authority on the expenditure of the bond proceeds. (6) (A) (i) Require San Francisco, on behalf of the authority, to impose a surcharge on Stanford University, the California Water Service Company, and each of the public entities identified in Section 81608.5, other than San Francisco, in an amount that will generate sufficient revenue to pay the debt service on bonds issued by the authority and the operating expenses of the authority. (ii) The surcharge shall be calculated annually by the authority as a uniform percentage of each entity’s water bill. (B) Require San Francisco to impose the surcharge described in clause (i) of subparagraph (A) on its retail water customers upon the occurrence of either of the following events: (i) The voters of San Francisco approve a ballot measure authorizing retail water rates to be increased to pay for the retail water customer’s share of the debt service on bonds issued by the authority and the operating expenses of the authority. (ii) The restrictions on water rate increases set forth in “Proposition H,” adopted by the voters of San Francisco on June 2, 1998, are not in effect. (7) Require San Francisco to transmit the proceeds of the surcharge collected by San Francisco to the authority in the manner determined by the authority. (8) Provide that, for the purposes of the master water sales contract, the revenue generated by the surcharge imposed pursuant to paragraph (6) does not constitute revenue of the regional water system or revenue as defined in San Francisco’s indenture of trust relating to its revenue bonds. (9) Provide that the facilities constructed with the proceeds of bonds issued by the authority shall not be included in the wholesale system rate base. (10) Provide for the continuation of the surcharge imposed pursuant to paragraph (6) after the expiration of the master water sales contract in 2009. (11) Provide that the ownership and operational control of improvements to the regional water system that are financed in any part by the authority shall remain with San Francisco, unless San Francisco agrees to a change in that ownership or operational control. (c) San Francisco may require the authority to reimburse San Francisco for the direct and reasonable costs San Francisco actually incurs in implementing the requirements of paragraphs (6) and (7) of subdivision (b). (d) The authority may not take any action that results in an affirmative or defacto pledge of any facilities of, or improvements to, the regional water system. The authority may not take any action that results in a pledge of revenue collected by San Francisco, other than revenue generated by the imposition of the surcharge described in paragraph (6) of subdivision (b). (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  100. 81660.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 3. Controversies [81660 - 81662] ( Article 3 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    The authority may sue and be sued in courts and tribunals with competent jurisdiction.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 3. Controversies [81660 - 81662] ( Article 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81660. The authority may sue and be sued in all actions and proceedings and in all courts and tribunals of competent jurisdiction. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  101. 81661.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 3. Controversies [81660 - 81662] ( Article 3 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    Claims for money or damages against the authority are handled under specified Government Code provisions.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 3. Controversies [81660 - 81662] ( Article 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81661. All claims for money or damages against the authority are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  102. 81662.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 3. Controversies [81660 - 81662] ( Article 3 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    A validity challenge for a contract, bond, note, or other evidence of indebtedness may be brought under Chapter 9 of the Code of Civil Procedure.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 4. Powers and Functions of Authority [81645 - 81662] ( Chapter 4 added by Stats. 2002, Ch. 849, Sec. 1. ) ## ARTICLE 3. Controversies [81660 - 81662] ( Article 3 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81662. An action to determine the validity of any contract, bond, note, or other evidence of indebtedness may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  103. 81670.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 5. Miscellaneous [81670 - 81674] ( Chapter 5 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    A public entity’s membership in the authority does not change that entity’s legal identity or existence, and does not reduce its powers.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 5. Miscellaneous [81670 - 81674] ( Chapter 5 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81670. Membership of any public entity in the authority does not affect the identity or legal existence, nor impair the powers, of that public entity. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  104. 81671.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 5. Miscellaneous [81670 - 81674] ( Chapter 5 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    San Francisco must give the authority prompt access to requested public records, except records exempt under listed Government Code provisions. It may not refuse records based on a public-interest balancing test.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 5. Miscellaneous [81670 - 81674] ( Chapter 5 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81671. San Francisco shall provide the authority with prompt access to any public records requested by the authority unless those records are exempt from disclosure pursuant to a provision listed in Section 7920.505 of the Government Code. San Francisco may not withhold public records from the authority pursuant to a balancing of the public interest in accordance with Section 7922.000 of the Government Code. (Amended by Stats. 2021, Ch. 615, Sec. 432. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
  105. 81671.5.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 5. Miscellaneous [81670 - 81674] ( Chapter 5 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    San Francisco must not transfer title to or control over certain water facilities to a private person or corporation while the relevant bonds are outstanding, if the stated bond-use conditions apply.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 5. Miscellaneous [81670 - 81674] ( Chapter 5 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81671.5. If the proceeds of bonds issued by the authority are made available for use on projects described in subdivision (a) of Section 81658, with the agreement and consent of San Francisco as required by subdivision (b) of Section 81658, San Francisco may not, for as long as those bonds are outstanding, sell, lease, or otherwise transfer title to, or control over, any facility used for the storage, transmission, or treatment of water to any private person or corporation. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  106. 81671.6.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 5. Miscellaneous [81670 - 81674] ( Chapter 5 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    This division does not change the master water sales contract.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 5. Miscellaneous [81670 - 81674] ( Chapter 5 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81671.6. This division does not modify the provisions of the master water sales contract. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  107. 81671.7.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 5. Miscellaneous [81670 - 81674] ( Chapter 5 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    The authority must dissolve once all revenue bonds and other debts and obligations have been repaid or satisfied.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 5. Miscellaneous [81670 - 81674] ( Chapter 5 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81671.7. The authority shall dissolve upon the repayment of all revenue bonds issued pursuant to this division and the satisfaction of all other debts and obligations of the authority. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  108. 81672.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 5. Miscellaneous [81670 - 81674] ( Chapter 5 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    This division must be interpreted liberally so its purposes can be carried out.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 5. Miscellaneous [81670 - 81674] ( Chapter 5 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81672. This division shall be liberally construed to carry out its purposes. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  109. 81673.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 5. Miscellaneous [81670 - 81674] ( Chapter 5 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    San Francisco must become a voting member of the authority if a surcharge is imposed on its retail water customers under the cited Section 81658 provision.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 5. Miscellaneous [81670 - 81674] ( Chapter 5 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81673. San Francisco shall become a voting member of the authority if the surcharge is imposed on San Francisco’s retail water customers in accordance with subparagraph (B) of paragraph (6) of subdivision (b) of Section 81658. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  110. 81674.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 5. Miscellaneous [81670 - 81674] ( Chapter 5 added by Stats. 2002, Ch. 849, Sec. 1. )

    Verify source ↗

    San Francisco must file an annual report with the Joint Legislative Audit Committee by September 1 each year.

    ## Water Code - WAT ## DIVISION 31.7. SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY [81600 - 81674] ( Division 31.7 added by Stats. 2002, Ch. 849, Sec. 1. ) ## CHAPTER 5. Miscellaneous [81670 - 81674] ( Chapter 5 added by Stats. 2002, Ch. 849, Sec. 1. ) ## 81674. (a) San Francisco shall submit a report to the Joint Legislative Audit Committee on or before September 1 of each year describing the progress made on projects financed by the authority and on the implementation of the capital improvement program for the regional water system. (b) With regard to the projects financed by the authority, San Francisco shall include in the report, to the degree feasible, all of the following information: (1) The expenditure of the bond proceeds. (2) The expenditure on each project relative to budget and schedule. (3) A description of the physical portion of each project completed compared to schedule. (4) Significant revisions to a budget or schedule, including the reason for the change and the plan or effort taken to complete the project in accordance with the original budget and schedule. (5) A description of potential service impacts of schedule delays and measures planned or being taken to reduce the risks of long-term service interruptions. (6) The plan for work remaining, including projected schedule and cost for each project completion relative to original budget and schedule. (c) With regard to the implementation of the regional water system’s capital improvement program, San Francisco shall include in the report all of the following information: (1) The status of current projects, without regard to the source of financing. (2) Modifications to the capital improvement program relative to the capital improvement program adopted by the San Francisco Public Utilities Commission in May 2002, noting the significance of any change in schedule and project completion dates that decrease or increase the risk of long-term service interruptions to the customers of the regional water system. (3) A description of measures planned or taken to reduce risk if a project is delayed. (Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
  111. 8200.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Local Plans of Flood Protection [8200 - 8201] ( Chapter 4 added by Stats. 2007, Ch. 364, Sec. 8. )

    Verify source ↗

    This chapter may be cited as the Local Flood Protection Planning Act.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Local Plans of Flood Protection [8200 - 8201] ( Chapter 4 added by Stats. 2007, Ch. 364, Sec. 8. ) ## 8200. This chapter shall be known and may be cited as the Local Flood Protection Planning Act. (Added by Stats. 2007, Ch. 364, Sec. 8. Effective January 1, 2008.)
  112. 8201.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Local Plans of Flood Protection [8200 - 8201] ( Chapter 4 added by Stats. 2007, Ch. 364, Sec. 8. )

    Verify source ↗

    A local agency may prepare a local flood protection plan, and if it does, the plan must include specified flood-risk, response, funding, and coordination items.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Local Plans of Flood Protection [8200 - 8201] ( Chapter 4 added by Stats. 2007, Ch. 364, Sec. 8. ) ## 8201. (a) A local agency may prepare a local plan of flood protection in accordance with this chapter. (b) A local plan of flood protection shall include all of the following: (1) A strategy to meet the urban level of flood protection, including planning for residual flood risk, system resiliency, climate change, and rainwater and stormwater management. (2) Identification of all types of flood hazards. (3) Identification and risk assessment of the various facilities that provide flood protection for flood hazard areas, for current and future land uses. (4) Identification of current and future flood corridors. (5) Identification of needed improvements and costs of those improvements to the flood protection facilities that are necessary to meet flood protection standards. (6) An emergency response and evacuation plan for flood-prone areas. (7) A strategy to achieve multiple benefits, including flood protection, groundwater recharge, ecosystem health, and reduced maintenance costs over the long term. (8) A long-term funding strategy for improvement and ongoing maintenance and operation of flood protection facilities. (9) An update on the status of coordination with water suppliers on how the management of flood waters can bolster local water supplies. (c) A local agency that is not a city or county that prepares a plan pursuant to this chapter shall consult with the cities and counties that have jurisdiction over the planning area to ensure that the local plan of flood protection is consistent with local general plans. (d) Plans prepared pursuant to this chapter, within the Sacramento-San Joaquin Valley as defined by Section 9602, shall be consistent with the Central Valley Flood Protection Plan pursuant to Section 9612. (Amended by Stats. 2022, Ch. 176, Sec. 1. (AB 1811) Effective January 1, 2023.)
  113. 8300.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. General Powers of Department of Water Resources [8300 - 8307] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1969, Ch. 1115. )

    Verify source ↗

    The department may examine flood-prone lands and waters, and may prepare plans and cost estimates for works to regulate and control flood waters.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. General Powers of Department of Water Resources [8300 - 8307] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1969, Ch. 1115. ) ## 8300. The department may make examinations of lands subject to inundation and overflow by flood waters and of the waters causing the inundation or overflow and may make plans and estimates of the cost of works to regulate and control the flood waters. (Amended by Stats. 1957, Ch. 1932.)
  114. 83000.

    ## Water Code - WAT ## DIVISION 33. INTEGRATED WATER SUPPLY AND FLOOD PROTECTION PLANNING, DESIGN, AND IMPLEMENTATION [83000 - 83002.7] ( Division 33 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 6. )

    Verify source ↗

    This section states California’s policy and purpose to integrate flood protection with water supply and conveyance systems.

    ## Water Code - WAT ## DIVISION 33. INTEGRATED WATER SUPPLY AND FLOOD PROTECTION PLANNING, DESIGN, AND IMPLEMENTATION [83000 - 83002.7] ( Division 33 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 6. ) ## 83000. The Legislature hereby finds and declares all of the following: (a) Water is vital to the economy, environment, and overall well-being of the state. (b) California faces increasing challenges in managing its water supply due to climate change, uncertainty regarding the availability of water from the Sacramento-San Joaquin Delta and other sources, an increasing state population, limitations on public funds, and other factors. (c) California must adopt a new, updated, and comprehensive set of water planning, design, and implementation policies that reflect these realities to protect its water supply future. (d) In the past, state laws, funding schemes, and administrative actions have treated the planning, construction, and operation of water supply, groundwater, and flood control systems as separate and distinct activities, thereby reducing efficiency and water supply reliability. (e) California has not taken full advantage of the cost savings, the environmental benefits, or the expediency of more efficient operations and usage of existing water supply, storage, and flood protection facilities. (f) It is the policy of the state to more effectively integrate its flood protection systems with its water supply and conveyance systems in order to conserve limited public dollars, increase the available water supply, improve water quality, increase wildlife and ecosystem protections, protect public health and safety, and address the effects of climate change. (g) The purpose of this division is to require the integration of flood protection and water systems to achieve multiple public benefits, including all of the following: (1) Increasing water supply reliability in the least costly, most efficient, and most reliable manner to meet current and future state needs. (2) Increasing use of water use efficiency and water conservation measures to increase and extend existing water supplies. (3) Reducing energy consumption associated with water transport, thereby reducing state greenhouse gas emissions. (4) Improving water management to protect and restore ecosystems and wildlife habitat. (Added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 6. Effective March 1, 2009.)
  115. 83001.

    ## Water Code - WAT ## DIVISION 33. INTEGRATED WATER SUPPLY AND FLOOD PROTECTION PLANNING, DESIGN, AND IMPLEMENTATION [83000 - 83002.7] ( Division 33 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 6. )

    Verify source ↗

    The Legislature states that the department should carry out listed water-supply and flood-protection objectives.

    ## Water Code - WAT ## DIVISION 33. INTEGRATED WATER SUPPLY AND FLOOD PROTECTION PLANNING, DESIGN, AND IMPLEMENTATION [83000 - 83002.7] ( Division 33 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 6. ) ## 83001. In order to provide the least costly, most efficient, and reliable water supply to a growing state, it is the intent of the Legislature that the department accomplish the following objectives: (a) Integrate state flood protection and water supply systems. (b) Promote conjunctive use of groundwater storage capacity to improve overall water supply and flood system operation. (c) Promote increased water use efficiency through expanded use of water conservation, water recycling, and improvements in technology. (Added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 6. Effective March 1, 2009.)
  116. 83002.

    ## Water Code - WAT ## DIVISION 33. INTEGRATED WATER SUPPLY AND FLOOD PROTECTION PLANNING, DESIGN, AND IMPLEMENTATION [83000 - 83002.7] ( Division 33 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 6. )

    Verify source ↗

    This section appropriates $820,973,000 for water supply, flood protection, drinking water, and related planning projects, with specific allocations and conditions.

    ## Water Code - WAT ## DIVISION 33. INTEGRATED WATER SUPPLY AND FLOOD PROTECTION PLANNING, DESIGN, AND IMPLEMENTATION [83000 - 83002.7] ( Division 33 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 6. ) ## 83002. The sum of eight hundred twenty million nine hundred seventy-three thousand dollars ($820,973,000) is hereby appropriated in accordance with the following schedule: (a) Of the funds made available pursuant to Chapter 1.699 (commencing with Section 5096.800) of Division 5 of the Public Resources Code, the sum of two hundred eighty-five million dollars ($285,000,000) is hereby appropriated as follows: (1) Pursuant to subdivision (c) of Section 5096.821 of the Public Resources Code, the sum of one hundred thirty-five million dollars ($135,000,000) to the department for the acquisition, design, and construction of essential emergency preparedness supplies and projects. Prior to the design or construction of any project funded pursuant to this paragraph, the California Bay-Delta Authority, or its successor, shall approve the specific project or program. Preference shall be given to projects that protect and improve Delta water quality and drinking water supplies. Of the amount made available pursuant to this paragraph, not less than thirty-five million dollars ($35,000,000) shall be expended by the department for projects to reinforce those sections of the levees that have the highest potential to suffer breaches or failure and cause harm to municipal and industrial water supply aqueducts that cross the Delta and which are vulnerable to flood damage, including the installation of scour protection on the supports of the aqueducts in those areas located adjacent to the sections of the levees that have been identified as having the highest risk for breaches or failure. (2) Pursuant to Section 5096.827 of the Public Resources Code, the sum of one hundred fifty million dollars ($150,000,000) to the department for grants for stormwater flood management projects that reduce flood damage and provide other benefits, including groundwater recharge, water quality improvement, and ecosystem restoration. Not less than one hundred million dollars ($100,000,000) of this amount shall be available for projects that address immediate public health and safety needs or strengthen existing flood control facilities to address seismic safety issues. Twenty million dollars ($20,000,000) shall be available for local agencies to meet immediate water quality needs related to combined municipal sewer and stormwater systems to prevent sewage discharges into state waters. Twenty million dollars ($20,000,000) shall be available for urban stream stormwater flood management projects to reduce the frequency and impacts of flooding in watersheds that drain to the San Francisco Bay. (b) Of the funds made available pursuant to Division 43 (commencing with Section 75001) of the Public Resources Code, the sum of five hundred twenty-six million four hundred ninety-one thousand dollars ($526,491,000) is hereby appropriated as follows: (1) Pursuant to Section 75022 of the Public Resources Code, the sum of fifty million dollars ($50,000,000) to the State Department of Public Health for grants for small community drinking water system infrastructure improvements and related action to meet safe drinking water standards. First priority for these funds shall be given to disadvantaged or severely disadvantaged communities lacking resources to provide safe drinking water to residents. Small community drinking water systems that are dependent on surface water and are under orders from the State Department of Public Health to boil water from existing treatment systems for parasites, viruses, or giardia shall be eligible for grants for drinking water system infrastructure improvements. (2) Pursuant to Section 75025 of the Public Resources Code, the sum of fifty million four hundred thousand dollars ($50,400,000) to the State Department of Public Health for grants for projects to prevent or reduce the contamination of groundwater that serves as a source of drinking water. Funds appropriated by this paragraph shall be available for immediate projects needed to protect public health by preventing or reducing the contamination of groundwater that serves as a major source of drinking water for a community. (A) The State Department of Public Health shall prioritize project funding based on the following criteria: (i) The threat posed by groundwater contamination to the affected community’s overall drinking water supplies, including the need for the treatment or construction of alternative supplies if groundwater is not available due to contamination. (ii) The potential for groundwater contamination to spread and reduce drinking water supply and water storage capacity for major population areas. (iii) The potential of the project, if fully implemented, to enhance local water supply reliability. (iv) The potential of the project to increase opportunities for groundwater recharge and optimization of groundwater supplies. (B) The State Department of Public Health shall give additional consideration to projects that meet any of the following criteria: (i) The project is implemented pursuant to a comprehensive basinwide groundwater quality management and remediation plan or is necessary to develop a comprehensive groundwater plan. (ii) Affected groundwater provides a local supply that, if contaminated, will require the importation of additional water from the Sacramento-San Joaquin Delta or the Colorado River. (iii) The project will serve an economically disadvantaged community. (iv) Multiple contaminants affect more than one-third of the well capacity of a local water system. (C) Of the amount made available by this paragraph, up to ten million dollars ($10,000,000) shall be allocated for projects that meet the criteria of this paragraph and both of the following criteria: (i) The project has the potential to leverage funds. (ii) The project addresses contamination at a site on the list maintained by the Department of Toxic Substances Control pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 of the Health and Safety Code or a site listed on the National Priorities List pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.). (D) Of the funds made available by this paragraph, two million dollars ($2,000,000) shall be allocated to the State Department of Public Health to contract with the State Water Resources Control Board for purposes of Section 83002.5. (3) (A) Pursuant to Section 75026 of the Public Resources Code, the sum of one hundred eighty-one million seven hundred ninety-one thousand dollars ($181,791,000) to the department for integrated regional water management activities as follows: (i) One hundred million dollars ($100,000,000) for implementation grants. (ii) Thirty-nine million dollars ($39,000,000) for planning grants, local groundwater assistance grants, and CALFED scientific research grants. (iii) (I) Twenty-two million ninety-one thousand dollars ($22,091,000) for projects with interregional or statewide benefits. (II) Of the amount made available pursuant to this paragraph, not less than ten million dollars ($10,000,000) shall be made available for expenditure to interconnect municipal and industrial water supply aqueducts that cross the Delta and that are vulnerable to flood damage, including the design and construction of interties among aqueducts that provide at least 90 percent of a regional water supply that would be threatened in the event of levee failure or other disaster, and that support an integrated regional emergency water supply system. (iv) Twenty million seven hundred thousand dollars ($20,700,000) for program delivery costs. (B) An implementation grant pursuant to clause (i) of subparagraph (A) shall be available only for projects included in an integrated regional water management plan that meets one of the following conditions: (i) The plan complies with Part 2.2 (commencing with Section 10530) of Division 6. (ii) For a plan adopted before the date on which this section is enacted, both of the following apply: (I) The regional water management group that prepared the plan enters into a binding agreement with the department to update the plan to comply with Part 2.2 (commencing with Section 10530) of Division 6 within two years of the date on which the agreement was entered into. (II) The regional water management group undertakes all reasonable and feasible efforts to take into account water-related needs of disadvantaged communities in the area within the boundaries of the plan. (C) (i) Of the funds described in clauses (i) and (ii) of subparagraph (A), the department shall allocate not less than 10 percent to facilitate and support the participation of disadvantaged communities in integrated regional water management planning and for projects that address critical water supply or water quality needs for disadvantaged communities. (ii) Except as otherwise specified in clause (iii), the department shall achieve the allocation described in clause (i) by awarding grants for those purposes to disadvantaged communities within a hydrologic region in a total dollar amount that is not less than 10 percent of the total dollar amount of grants awarded within the region. (iii) The department shall implement this subparagraph with due diligence, but shall implement clause (ii) only to the extent that the implementation does not affect the expeditious allocation of funds for integrated regional water management grants. (iv) The department shall submit a report to the Legislature with regard to the implementation of this subparagraph on or before July 1, 2010. (D) Of the funds described in clause (iii) of subparagraph (A), the department shall allocate two million dollars ($2,000,000) to Tulare County for development of an integrated water quality and wastewater treatment program plan to address the drinking water and wastewater needs of disadvantaged communities in the Tulare Lake Basin. Funds allocated pursuant to this paragraph shall be available for assessment and feasibility studies necessary to develop the plan, and the plan shall include recommendations for planning, infrastructure, and other water management actions, and shall include specific recommendations for regional drinking water treatment facilities, regional wastewater treatment facilities, conjunctive use sites and groundwater recharge, groundwater for surface water exchanges, related infrastructure, and cost-sharing mechanisms. Tulare County shall consult with appropriate stakeholders, including representatives of disadvantaged communities, when preparing the plan. The department, in consultation with the State Department of Public Health, shall submit the plan to the Legislature by January 1, 2011. (E) Of the funds described in clause (i) of subparagraph (A), the department shall allocate not less than twenty million dollars ($20,000,000) to support urban and agricultural water conservation projects necessary to meet a 20-percent reduction in per capita water use by the year 2020. (4) Pursuant to Section 75029 of the Public Resources Code, the sum of ninety million dollars (90,000,000) to the department for the implementation of Delta water quality improvement projects that protect drinking water supplies as follows: (A) Pursuant to subdivision (d) of Section 75029 of the Public Resources Code, the sum of fifty million dollars ($50,000,000) for drinking water intake facility projects to improve the quality of drinking water supply from the Sacramento-San Joaquin Delta that are identified in the June 2005 Delta Region Drinking Water Quality Management Plan. Funding shall be made available for environmental review, design, and construction. Project proponents seeking funding for construction shall meet all of the following criteria: (i) Have completed documentation required under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and a notice of determination has been filed prior to June 30, 2008. (ii) Have demonstrated multiple benefits in conveyance and Delta operation to achieve protection or improvement to Delta pelagic fisheries, as well as drinking water quality improvement and public health protection. (iii) Are able to complete design and commence construction before June 30, 2009. (iv) Have local or federal cost-sharing funds immediately available. (B) The sum of forty million dollars ($40,000,000) for projects consistent with subdivision (c) of Section 75029 of the Public Resources Code. (5) Pursuant to Section 75033 of the Public Resources Code, the sum of one hundred million dollars ($100,000,000) to the department for the acquisition, preservation, protection, and restoration of Sacramento-San Joaquin Delta resources in accordance with Section 75033 of the Public Resources Code. The department shall expend these funds pursuant to priorities that reflect the value of the resources and land uses protected by the levees to the state as a whole, consistent with the Delta Vision Strategic Plan. Projects shall be selected to improve the stability of the Delta levee system, reduce subsidence, and assist in restoring the ecosystem of the Delta. Priority shall be given to projects that improve conditions for Delta smelt and other native fish. Up to five million dollars ($5,000,000) made available pursuant to this paragraph shall be available as grants and direct expenditures for emergency communications equipment to improve emergency response preparedness. (6) Pursuant to Chapter 4 (commencing with Section 75041) of Division 43 of the Public Resources Code, the sum of thirty-seven million dollars ($37,000,000) to the department as follows: (A) (i) Twelve million dollars ($12,000,000) to complete the planning and feasibility studies associated with new surface storage under the California Bay-Delta Program. (ii) The planning and feasibility studies shall include the following information: (I) The identification of specific construction and operation conditions proposed for each surface storage facility, including consideration of climate change, an estimated schedule for the construction and completion of each project funded under Section 75041, and the total costs of constructing each project. (II) A description of the estimated total costs to construct each project and an allocation of the costs to public and private beneficiaries. (iii) Any feasibility study conducted by or funded by the state for new surface storage under the California Bay-Delta Program shall evaluate funded projects consistent with all statutory and other legally established requirements for protection of environmental and natural resources, including protections for the McCloud River pursuant to Section 5093.542 of the Public Resources Code. (iv) The feasibility studies shall be prepared and submitted to the Governor and the Legislature no later than December 31, 2009. (B) (i) Fifteen million dollars ($15,000,000) for planning and feasibility studies to identify potential options for the reoperation of the state’s flood protection and water supply systems that will optimize the use of existing facilities and groundwater storage capacity. (ii) The studies shall incorporate appropriate climate change scenarios and be designed to determine the potential to achieve the following objectives: (I) Integration of flood protection and water supply systems to increase water supply reliability and flood protection, improve water quality, and provide for ecosystem protection and restoration. (II) Reoperation of existing reservoirs, flood facilities, and other water facilities in conjunction with groundwater storage to improve water supply reliability, flood control, and ecosystem protection and to reduce groundwater overdraft. (III) Promotion of more effective groundwater management and protection and greater integration of groundwater and surface water resource uses. (IV) Improvement of existing water conveyance systems to increase water supply reliability, improve water quality, expand flood protection, and protect and restore ecosystems. (C) Ten million dollars ($10,000,000) to update the California Water Plan, including evaluation of climate change impacts, the development of strategies to adapt to climate change impacts, technical assistance to local agencies that incorporate climate change into their studies, reports, and plans, and the identification of strategies to reduce greenhouse gas emissions related to the storage, conveyance, and distribution of water. (D) Of the money made available pursuant to subparagraphs (A), (B), and (C), up to two million dollars ($2,000,000) may be expended for planning and feasibility studies necessary to implement the Delta Vision Strategic Plan, developed pursuant to Executive Order No. S-17-06, dated September 28, 2006, establishing the Delta Vision process. (7) Pursuant to Section 75050 of the Public Resources Code, the sum of seventeen million three hundred thousand dollars ($17,300,000) for the protection and restoration of rivers and streams as follows: (A) Ten million dollars ($10,000,000) to the State Coastal Conservancy for purposes of subdivision (i) of Section 75050 of the Public Resources Code. (B) Seven million three hundred thousand dollars ($7,300,000) to the department for purposes of subdivision (e) of Section 75050 of the Public Resources Code. (c) Of the funds made available pursuant to subdivision (a) of Section 79550, the sum of three million seven hundred sixty thousand dollars ($3,760,000) is hereby appropriated to the department for planning and feasibility studies associated with surface storage under the California Bay-Delta Program. (d) (1) Of the funds available pursuant to Section 79101, the sum of two million two hundred seventy-two thousand dollars ($2,272,000) is appropriated to the department for the Sacramento River Hamilton City Area Flood Damage Reduction Project. (2) Of the funds available pursuant to subdivision (c) of Section 79196.5, the sum of three million four hundred fifty thousand dollars ($3,450,000) is appropriated to the department for the Franks Tract Pilot Project under the CALFED Drinking Water Quality Program. (Amended by Stats. 2022, Ch. 258, Sec. 129. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  117. 83002.5.

    ## Water Code - WAT ## DIVISION 33. INTEGRATED WATER SUPPLY AND FLOOD PROTECTION PLANNING, DESIGN, AND IMPLEMENTATION [83000 - 83002.7] ( Division 33 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 6. )

    Verify source ↗

    The State Water Resources Control Board must create nitrate-focused pilot projects in the Tulare Lake Basin and Salinas Valley and report to the Legislature.

    ## Water Code - WAT ## DIVISION 33. INTEGRATED WATER SUPPLY AND FLOOD PROTECTION PLANNING, DESIGN, AND IMPLEMENTATION [83000 - 83002.7] ( Division 33 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 6. ) ## 83002.5. To improve understanding of the causes of groundwater contamination, identify potential remediation solutions and funding sources to recover costs expended by the state for the purposes of this section to clean up or treat groundwater, and ensure the provision of safe drinking water to all communities, the State Water Resources Control Board, in consultation with other agencies as specified in this section, shall develop pilot projects in the Tulare Lake Basin and the Salinas Valley that focus on nitrate contamination and do all of the following: (a) (1) In collaboration with relevant agencies and utilizing existing data, including groundwater ambient monitoring and assessment results along with the collection of new information as needed, do all of the following: (A) Identify sources, by category of discharger, of groundwater contamination due to nitrates in the pilot project basins. (B) Estimate proportionate contributions to groundwater contamination by source and category of discharger. (C) Identify and analyze options within the board’s current authority to reduce current nitrate levels and prevent continuing nitrate contamination of these basins and estimate the costs associated with exercising existing authority. (2) In collaboration with the State Department of Public Health, do all of the following: (A) Identify methods and costs associated with the treatment of nitrate contaminated groundwater for use as drinking water. (B) Identify methods and costs to provide an alternative water supply to groundwater reliant communities in each pilot project basin. (3) Identify all potential funding sources to provide resources for the cleanup of nitrates, groundwater treatment for nitrates, and the provision of alternative drinking water supply, including, but not limited to, state bond funding, federal funds, water rates, and fees or fines on polluters. (4) Develop recommendations for developing a groundwater cleanup program for the Central Valley Water Quality Control Region and the Central Coast Water Quality Control Region based upon pilot project results. (b) Create an interagency task force, as needed, to oversee the pilot projects and develop recommendations for the Legislature. The interagency task force may include the board, the State Department of Public Health, the Department of Toxic Substances Control, the California Environmental Protection Agency, the Department of Water Resources, local public health officials, the Department of Food and Agriculture, and the Department of Pesticide Regulation. (c) Submit a report to the Legislature on the scope and findings of the pilot projects, including recommendations, within two years of receiving funding. (d) Implement recommendations in the Central Coast Water Quality Control Region and the Central Valley Water Quality Control Region pursuant to paragraph (4) of subdivision (a) within two years of submitting the report described in subdivision (c) to the Legislature. (e) For the Salinas Valley Pilot Project, the State Water Resources Control Board shall consult with the Monterey County Water Resources Agency. (Added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 6. Effective March 1, 2009.)
  118. 83002.6.

    ## Water Code - WAT ## DIVISION 33. INTEGRATED WATER SUPPLY AND FLOOD PROTECTION PLANNING, DESIGN, AND IMPLEMENTATION [83000 - 83002.7] ( Division 33 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 6. )

    Verify source ↗

    Up to 5 percent of the funds appropriated by this division may be used to pay administration costs for the program.

    ## Water Code - WAT ## DIVISION 33. INTEGRATED WATER SUPPLY AND FLOOD PROTECTION PLANNING, DESIGN, AND IMPLEMENTATION [83000 - 83002.7] ( Division 33 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 6. ) ## 83002.6. Up to 5 percent of the funds appropriated by this division may be expended to pay the costs incurred in the administration of that program. (Added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 6. Effective March 1, 2009.)
  119. 83002.7.

    ## Water Code - WAT ## DIVISION 33. INTEGRATED WATER SUPPLY AND FLOOD PROTECTION PLANNING, DESIGN, AND IMPLEMENTATION [83000 - 83002.7] ( Division 33 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 6. )

    Verify source ↗

    Programs receiving an appropriation under this division must report expenditure details to the Legislature’s fiscal committees on January 10, 2010.

    ## Water Code - WAT ## DIVISION 33. INTEGRATED WATER SUPPLY AND FLOOD PROTECTION PLANNING, DESIGN, AND IMPLEMENTATION [83000 - 83002.7] ( Division 33 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 6. ) ## 83002.7. Funds appropriated by this division shall only be available for encumbrance until June 30, 2010. On January 10, 2010, any program that is the recipient of an appropriation made by this division shall report to the fiscal committees of the Legislature on the details of all committed and anticipated expenditures of these funds. The report shall include all of the following information: (a) Fiscal detail of state operations support and local assistance costs. (b) A general description of the project and the project funding made available by an appropriation in the annual Budget Act for the 2008–09 fiscal year or proposed to be made available in the annual Budget Act for the 2009–10 fiscal year. (c) A description of the manner in which funds have been expended and a plan for the future expenditure of funds. (d) An anticipated timeframe for the full expenditure of the appropriation. (e) An anticipated timeframe for the full completion of the designated project. (f) The amount of total matching project funding that is being provided by an entity other than the state. (Added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 6. Effective March 1, 2009.)
  120. 8301.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. General Powers of Department of Water Resources [8300 - 8307] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1969, Ch. 1115. )

    Verify source ↗

    When the law covers certain drainage or river-work on waterways flowing into San Francisco Bay, San Pablo Bay, or Suisun Bay, the department controls the work unless another agency is specified.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. General Powers of Department of Water Resources [8300 - 8307] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1969, Ch. 1115. ) ## 8301. Whenever the law provides for any drainage or improving or rectifying river channels or other work on any river or slough flowing into San Francisco Bay, San Pablo Bay, and Suisun Bay, or on the tide waters flowing into said bays, the management and control of the work is in the department, if no other agency is specified. (Added by Stats. 1943, Ch. 369.)
  121. 8302.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. General Powers of Department of Water Resources [8300 - 8307] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1969, Ch. 1115. )

    Verify source ↗

    The department has charge of expenditures for certain public works on general river and harbor improvements, unless another law provides otherwise.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. General Powers of Department of Water Resources [8300 - 8307] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1969, Ch. 1115. ) ## 8302. The department shall have charge of all expenditures unless otherwise provided by law for all public works relating to general river and harbor improvements, including reclamation and drainage of lands. (Added by Stats. 1943, Ch. 369.)
  122. 8303.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. General Powers of Department of Water Resources [8300 - 8307] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1969, Ch. 1115. )

    Verify source ↗

    The department may buy, build, and operate dredges or other needed equipment to carry out its work.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. General Powers of Department of Water Resources [8300 - 8307] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1969, Ch. 1115. ) ## 8303. The department may purchase, construct and operate one or more dredges or any other needed appliances to promote or properly carry out the work of the department. (Added by Stats. 1943, Ch. 369.)
  123. 8304.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. General Powers of Department of Water Resources [8300 - 8307] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1969, Ch. 1115. )

    Verify source ↗

    The department may obtain or condemn any right-of-way needed for construction under this chapter.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. General Powers of Department of Water Resources [8300 - 8307] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1969, Ch. 1115. ) ## 8304. The department may obtain or condemn any right-of-way necessary for any construction under this chapter. (Amended by Stats. 1975, Ch. 1239.)
  124. 8307.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. General Powers of Department of Water Resources [8300 - 8307] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1969, Ch. 1115. )

    Verify source ↗

    A city or county may have to pay part of flood-related property damage if it unreasonably approved development that increased the state’s liability, but several exceptions apply.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. General Powers of Department of Water Resources [8300 - 8307] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1969, Ch. 1115. ) ## 8307. (a) (1) A city or county may be required to contribute its fair and reasonable share of the property damage caused by a flood to the extent that the city or county has increased the state’s exposure to liability for property damage by unreasonably approving new development in a previously undeveloped area that is protected by a state flood control project. (2) However, a city or county shall not be required to contribute if, after the amendments required by Sections 65302.9 and 65860.1 of the Government Code have become effective, the city or county complies with Sections 65865.5, 65962, and 66474.5 of the Government Code as applicable with respect to that development. This section shall not be construed to extend or toll the statute of limitations for challenging the approval of any new development. (b) A city or county is not required to contribute unless an action has been filed against the state asserting liability for property damage caused by a flood and the provisions of subdivision (a) providing for contribution have been satisfied. A city or county is not required to contribute if the state settles the claims against it without providing the city or county with an opportunity to participate in settlement negotiations. (c) For the purposes of this section: (1) “State flood control project” means any flood control works within the Sacramento River Flood Control Project described in Section 8350, and of flood control projects in the Sacramento River and San Joaquin River watersheds authorized pursuant to Article 2 (commencing with Section 12648) of Chapter 2 of Part 6 of Division 6. (2) “Undeveloped area” means an area devoted to “agricultural use,” as defined in Section 51201 of the Government Code, or “open space land,” as defined in Section 65560 of the Government Code, that, as of January 1, 2008, is not already designated for development in a general or specific plan or by a local zoning ordinance. (3) “Unreasonably approving” means approving a new development project without appropriately considering significant risks of flooding made known to the approving agency as of the time of approval and without taking reasonable and feasible action to mitigate the potential property damage to the new development resulting from a flood. (4) “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors. (d) This section shall not apply to any land or projects for which an application for development has been submitted to the city or county prior to January 1, 2008. (Amended by Stats. 2025, Ch. 777, Sec. 5. (SB 639) Effective January 1, 2026.)
  125. 8325.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Cooperation in National Flood Insurance Program [8325 - 8326] ( Chapter 2 added by Stats. 1969, Ch. 1115. )

    Verify source ↗

    The Legislature says part of the state is subject to recurrent flooding and that state cooperation in a national flood insurance program serves the public interest.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Cooperation in National Flood Insurance Program [8325 - 8326] ( Chapter 2 added by Stats. 1969, Ch. 1115. ) ## 8325. The Legislature finds and declares the following: (a) A large portion of the land resources of the state is subject to recurrent flooding causing loss of life and property, and there is a recognized public need in the state for flood insurance. (b) The public interest will be served by state cooperation under a national flood insurance program, such as the National Flood Insurance Act of 1968 (Public Law 90-448; 82 Stat. 572). (Added by Stats. 1969, Ch. 1115.)
  126. 8326.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Cooperation in National Flood Insurance Program [8325 - 8326] ( Chapter 2 added by Stats. 1969, Ch. 1115. )

    Verify source ↗

    The department may cooperate with the United States, review and comment on local agency applications, and assist local public agencies on flood insurance-related flood management matters.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 2. Cooperation in National Flood Insurance Program [8325 - 8326] ( Chapter 2 added by Stats. 1969, Ch. 1115. ) ## 8326. For the purpose of providing state cooperation under a national flood insurance program, the department may: (a) Cooperate with the United States in carrying out studies and investigations with respect to the adequacy of local measures in flood-prone areas as to land management and use, flood control, flood zoning, and flood damage prevention. (b) Review and comment upon applications of local public agencies to the United States for making flood insurance available in specific areas. (c) Provide assistance to local public agencies by furnishing information on flood plains and in developing flood plain management plans. (Added by Stats. 1969, Ch. 1115.)
  127. 8350.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Maintenance and Operation at Sacramento River Flood Control Project [8350 - 8371] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. Adoption of Federal Policy [8350- 8350.] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The State of California’s approval and adoption of the listed Sacramento River Flood Control Project conditions, plans, construction, and maintenance/operation mode remains in effect.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Maintenance and Operation at Sacramento River Flood Control Project [8350 - 8371] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. Adoption of Federal Policy [8350- 8350.] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8350. The approval and adoption, by and on behalf of the State of California, of the conditions, plans, construction, and mode of maintenance and operation of works within the Sacramento River Flood Control Project, set forth in Senate Committee Print, Seventy-fifth Congress, First Session, as authorized and approved by Act of Congress, Public No. 392, Seventy-fifth Congress, approved August 26, 1937, including the holding and saving the United States from damages due to construction works, are continued in effect. (Added by Stats. 1943, Ch. 369.)
  128. 8360.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Maintenance and Operation at Sacramento River Flood Control Project [8350 - 8371] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Powers and Duties of Department of Water Resources [8360 - 8362] ( Heading of Article 2 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    The department has supervisory powers over maintenance and operation of the Sacramento River Flood Control Project works on behalf of the State.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Maintenance and Operation at Sacramento River Flood Control Project [8350 - 8371] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Powers and Duties of Department of Water Resources [8360 - 8362] ( Heading of Article 2 amended by Stats. 1957, Ch. 1932. ) ## 8360. On behalf of the State the department has supervisory powers over the maintenance and operation of the flood control works of the Sacramento River Flood Control Project. (Amended by Stats. 1957, Ch. 1932.)
  129. 8361.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Maintenance and Operation at Sacramento River Flood Control Project [8350 - 8371] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Powers and Duties of Department of Water Resources [8360 - 8362] ( Heading of Article 2 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    The department must maintain and operate specified parts of the Sacramento River Flood Control Project for the state.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Maintenance and Operation at Sacramento River Flood Control Project [8350 - 8371] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Powers and Duties of Department of Water Resources [8360 - 8362] ( Heading of Article 2 amended by Stats. 1957, Ch. 1932. ) ## 8361. The department shall maintain and operate on behalf of the state the following units or portions of the works of the Sacramento River Flood Control Project, and the cost of maintenance and operation shall be defrayed by the state: (a) The east levee of the Sutter Bypass north of Nelson Slough. (b) The levees and channels of the Wadsworth Canal, Willow Slough Channel downstream from the Southern Pacific Railroad from Davis to Woodland except that portion of the north levee thereof lying within Reclamation District No. 2035, Putah Creek downstream from Winters, the intercepting canals draining into them, and all structures incidental thereto. (c) The collecting canals, sumps, pumps, and structures of the drainage system of Project No. 6 east of the Sutter Bypass. (d) The bypass channels of the Butte Slough Bypass, the Sutter Bypass, the Tisdale Bypass, the Yolo Bypass, and the Sacramento Bypass with all cuts, canals, bridges, dams, and other structures and improvements contained therein and in the borrow pits thereof. (e) The levees of the Sacramento Bypass. (f) The channels and overflow channels of the Sacramento River and its tributaries and the major and minor tributaries’ flood control projects as authorized and defined in Sections 12648, 12648.1, and 12656.5. (g) The Knights Landing ridge cut flowage area. (h) The flood relief channels controlled by the Moulton and Colusa Weirs and the training levees thereof. (i) The levee on the left bank of the Sacramento River adjoining Butte Basin, from the Butte Slough outfall gates upstream to a point four miles northerly from the Moulton Weir, after completion. (j) All weirs and flood relief structures. (k) The west levee of the Yolo Bypass, extending from the west end of the Fremont Weir southerly to the Cache Creek Settling Basin and from Willow Slough Channel to Putah Creek and the east levee of the Yolo Bypass from Fremont Weir southerly two miles. (l) The levee on the west bank of Feather River extending a distance of about two miles southerly from the Sutter-Butte Canal headgate. (m) The levees of Cache Creek and the easterly and westerly levees of Cache Creek Settling Basin; excepting the portion of the southerly levee of Cache Creek lying upstream from State Highway Route 7 (U.S. 99W). (n) The flowage area of Western Pacific Intercepting Canal extending northerly for a distance of five miles from Bear River. (o) The levees of Tisdale Bypass from Tisdale Weir 4.5 miles easterly to Sutter Bypass. (p) The flood relief structures or weirs and other structures or facilities essential for their proper functioning in the vicinity of the Sacramento River between Big Chico Creek and the north boundary of Glenn County Levee District No. 3. (Amended by Stats. 1987, Ch. 1090, Sec. 1. Effective September 24, 1987.)
  130. 8362.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Maintenance and Operation at Sacramento River Flood Control Project [8350 - 8371] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Powers and Duties of Department of Water Resources [8360 - 8362] ( Heading of Article 2 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    The department may contribute and spend funds for levee protection and reconstruction work, including providing lands, easements, and rights of way.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Maintenance and Operation at Sacramento River Flood Control Project [8350 - 8371] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Powers and Duties of Department of Water Resources [8360 - 8362] ( Heading of Article 2 amended by Stats. 1957, Ch. 1932. ) ## 8362. The department may contribute funds to the United States and expend funds appropriated or otherwise available to provide all lands, easements, and rights of way for bank revetment for the protection of levees above Cache Slough and the levee reconstruction, including the costs of all alterations to highways, road crossings, and drainage and irrigation facilities incident to the work and the State’s contribution of one-third of the costs of bank revetment and levee construction, as provided for and required under the provisions of the Act of Congress, Public No. 392, Seventy-fifth Congress, approved August 26, 1937. (Amended by Stats. 1957, Ch. 1932.)
  131. 8370.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Maintenance and Operation at Sacramento River Flood Control Project [8350 - 8371] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Duties and Liabilities of Districts and Public Agencies [8370 - 8371] ( Article 3 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Specified local public agencies must maintain and operate Sacramento River Flood Control Project works within their boundaries or jurisdiction, except for works listed in Section 8361 and works covered by federal maintenance-and-operation provisions.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Maintenance and Operation at Sacramento River Flood Control Project [8350 - 8371] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Duties and Liabilities of Districts and Public Agencies [8370 - 8371] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8370. It is the responsibility, liability and duty of the reclamation districts, levee districts, protection districts, drainage districts, municipalities, and other public agencies within the Sacramento River Flood Control Project limits, to maintain and operate the works of the project within the boundaries or jurisdiction of such agencies, excepting only those works enumerated in Section 8361 and those for which provision for maintenance and operation is made by Federal law. (Added by Stats. 1943, Ch. 369.)
  132. 8371.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Maintenance and Operation at Sacramento River Flood Control Project [8350 - 8371] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Duties and Liabilities of Districts and Public Agencies [8370 - 8371] ( Article 3 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The department must make inspections and prepare reports for the Sacramento River Flood Control Project.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 3. Maintenance and Operation at Sacramento River Flood Control Project [8350 - 8371] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Duties and Liabilities of Districts and Public Agencies [8370 - 8371] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8371. The department shall, in connection with the flood control works of the Sacramento River Flood Control Project, make inspections and prepare reports which are required because of assurances given to the Secretary of the Army pursuant to Article 2 (commencing with Section 8615) of Chapter 3 of Part 4. (Amended by Stats. 1982, Ch. 454, Sec. 185.)
  133. 8400.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Cobey-Alquist Flood Plain Management Act [8400 - 8415] ( Chapter 4 added by Stats. 1965, Ch. 506. ) ## ARTICLE 1. Declaration of Policy [8400 - 8401] ( Article 1 added by Stats. 1965, Ch. 506. )

    Verify source ↗

    This section says the chapter may be cited as the Cobey-Alquist Flood Plain Management Act.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Cobey-Alquist Flood Plain Management Act [8400 - 8415] ( Chapter 4 added by Stats. 1965, Ch. 506. ) ## ARTICLE 1. Declaration of Policy [8400 - 8401] ( Article 1 added by Stats. 1965, Ch. 506. ) ## 8400. This chapter may be cited as the Cobey-Alquist Flood Plain Management Act. (Added by Stats. 1965, Ch. 506.)
  134. 8401.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Cobey-Alquist Flood Plain Management Act [8400 - 8415] ( Chapter 4 added by Stats. 1965, Ch. 506. ) ## ARTICLE 1. Declaration of Policy [8400 - 8401] ( Article 1 added by Stats. 1965, Ch. 506. )

    Verify source ↗

    The Legislature states that local governments have the main responsibility for planning, adopting, and enforcing land use regulations for flood plain management, and that the state should encourage, assist, and guide them.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Cobey-Alquist Flood Plain Management Act [8400 - 8415] ( Chapter 4 added by Stats. 1965, Ch. 506. ) ## ARTICLE 1. Declaration of Policy [8400 - 8401] ( Article 1 added by Stats. 1965, Ch. 506. ) ## 8401. The Legislature finds and declares that: (a) A large portion of the state’s land resources is subject to recurrent flooding by overflow of streams and watercourses causing loss of life and property, disruption of commerce, and interruption of transportation and communications, all of which are detrimental to the health, safety, welfare, and property of the people of this state. (b) The public interest necessitates sound development of land use, as land is a limited, valuable, and irreplaceable resource, and the flood plains of this state are a land resource to be developed in a manner which, in conjunction with economically justified structural measures for flood control, will result in (1) prevention of loss of life, and (2) prevention of economic loss caused by excessive flooding. (c) The primary responsibility for planning, adoption, and enforcement of land use regulations to accomplish flood plain management rests with local levels of government. (d) It is the policy of this state to encourage local levels of government to plan land use regulations to accomplish flood plain management and to provide state assistance and guidance therefor as appropriate. (Added by Stats. 1965, Ch. 506.)
  135. 8402.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Cobey-Alquist Flood Plain Management Act [8400 - 8415] ( Chapter 4 added by Stats. 1965, Ch. 506. ) ## ARTICLE 2. Definitions [8402- 8402.] ( Article 2 added by Stats. 1965, Ch. 506. )

    Verify source ↗

    This section defines several terms used throughout the chapter, including “Department,” “Board,” “public agency,” “design flood,” “designated floodway,” and “restrictive zone.”

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Cobey-Alquist Flood Plain Management Act [8400 - 8415] ( Chapter 4 added by Stats. 1965, Ch. 506. ) ## ARTICLE 2. Definitions [8402- 8402.] ( Article 2 added by Stats. 1965, Ch. 506. ) ## 8402. Unless the context otherwise requires, the following definitions apply throughout this chapter: (a) “Department” means Department of Water Resources. (b) “Board” means the State Reclamation Board. (c) Wherever the words “department or board” or “department and board” are used together in this chapter they shall mean board as to any area within a project which by law is under the jurisdiction of the State Reclamation Board, and the department in all areas of the state outside these areas. (d) “Public agency” means any city, city and county, county, or district organized, existing, and acting pursuant to the laws of this state. (e) “Design flood” means the selected flood against which protection is provided, or eventually will be provided, by means of flood protective or control works. When a federal survey has been authorized the design flood will be determined by the appropriate federal agency and in all other cases it will be determined by the responsible local agency. It is the basis for design and operation of a particular project after full consideration of flood characteristics, frequencies, and potentials and economic and other practical considerations. (f) “Designated floodway” means the channel of a stream and that portion of the adjoining flood plain required to reasonably provide for the construction of a project for passage of the design flood including the lands necessary for construction of project levees. (g) “Restrictive zone” means the portion of the natural floodway between the limits of the designated floodway and the limits of the flood plain where inundation may occur but where depths and velocities are generally low. (Added by Stats. 1965, Ch. 506.)
  136. 8403.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Cobey-Alquist Flood Plain Management Act [8400 - 8415] ( Chapter 4 added by Stats. 1965, Ch. 506. ) ## ARTICLE 3. Review of Flood Plain Management Plans [8403 - 8404] ( Article 3 added by Stats. 1965, Ch. 506. )

    Verify source ↗

    Before a public agency establishes flood plain management regulations, it may ask the department or board to review its flood plain management plans, and it must provide the required hydrologic studies and supporting data with that request.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Cobey-Alquist Flood Plain Management Act [8400 - 8415] ( Chapter 4 added by Stats. 1965, Ch. 506. ) ## ARTICLE 3. Review of Flood Plain Management Plans [8403 - 8404] ( Article 3 added by Stats. 1965, Ch. 506. ) ## 8403. Prior to the establishment by a public agency of flood plain management regulations, the public agency may request and receive a review by the department or the board of the public agency’s flood plain management plans and shall furnish with the request necessary hydrologic studies, including flood routings or surveys adequate to properly delineate flood plain categories together with such additional supporting data as the department or the board may require. (Added by Stats. 1965, Ch. 506.)
  137. 8404.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Cobey-Alquist Flood Plain Management Act [8400 - 8415] ( Chapter 4 added by Stats. 1965, Ch. 506. ) ## ARTICLE 3. Review of Flood Plain Management Plans [8403 - 8404] ( Article 3 added by Stats. 1965, Ch. 506. )

    Verify source ↗

    If a public agency lacks enough personnel to prepare needed flood-routing or engineering data, the department or board may, on request, prepare or arrange the investigation and provide the data; the requesting public agency must pay the cost.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Cobey-Alquist Flood Plain Management Act [8400 - 8415] ( Chapter 4 added by Stats. 1965, Ch. 506. ) ## ARTICLE 3. Review of Flood Plain Management Plans [8403 - 8404] ( Article 3 added by Stats. 1965, Ch. 506. ) ## 8404. Where adequate personnel are not available to a public agency to prepare the necessary flood routing or other engineering data needed for support of its flood plain management plans, the department or board may, upon request of the public agency, make or cause to be made the necessary investigation and provide the data to the requesting public agency for its use in developing such plans. The cost of such investigations shall be borne by the public agency making the request. (Added by Stats. 1965, Ch. 506.)
  138. 8410.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Cobey-Alquist Flood Plain Management Act [8400 - 8415] ( Chapter 4 added by Stats. 1965, Ch. 506. ) ## ARTICLE 4. Establishment of Flood Plain Regulations [8410 - 8414.2] ( Article 4 added by Stats. 1965, Ch. 506. )

    Verify source ↗

    Flood plain regulations must meet stated criteria: structures in the designated floodway that may endanger life or significantly reduce floodway capacity are prohibited, and developments in the restrictive zone are allowed under local agency policy with consideration for human life and flood plain capacity.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Cobey-Alquist Flood Plain Management Act [8400 - 8415] ( Chapter 4 added by Stats. 1965, Ch. 506. ) ## ARTICLE 4. Establishment of Flood Plain Regulations [8410 - 8414.2] ( Article 4 added by Stats. 1965, Ch. 506. ) ## 8410. Flood plain regulations established to comply with requirements of Section 8411 shall meet the following criteria: (a) Construction of structures in the designated floodway which may endanger life or significantly restrict the carrying capacity of the designated floodway shall be prohibited. For the purpose of this subdivision, the word “structures” does not include public utility electric, gas, or communication lines which may be located within the designated floodway; provided, that any permit or permits as may be required by law, other than this chapter, to so locate such lines have been granted. (b) Developments shall be permitted within the restrictive zone in accordance with local agency policy, giving full consideration to the protection of human life and the carrying capacity of the flood plain. (Added by Stats. 1965, Ch. 506.)
  139. 8410.5.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Cobey-Alquist Flood Plain Management Act [8400 - 8415] ( Chapter 4 added by Stats. 1965, Ch. 506. ) ## ARTICLE 4. Establishment of Flood Plain Regulations [8410 - 8414.2] ( Article 4 added by Stats. 1965, Ch. 506. )

    Verify source ↗

    Public agencies must comply with flood plain regulations that meet Section 8411 requirements.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Cobey-Alquist Flood Plain Management Act [8400 - 8415] ( Chapter 4 added by Stats. 1965, Ch. 506. ) ## ARTICLE 4. Establishment of Flood Plain Regulations [8410 - 8414.2] ( Article 4 added by Stats. 1965, Ch. 506. ) ## 8410.5. All public agencies shall comply with flood plain regulations established to meet the requirements of Section 8411. For the purposes of this section, “public agencies” includes the state or any department or agency thereof. (Added by Stats. 1971, Ch. 410.)
  140. 8411.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Cobey-Alquist Flood Plain Management Act [8400 - 8415] ( Chapter 4 added by Stats. 1965, Ch. 506. ) ## ARTICLE 4. Establishment of Flood Plain Regulations [8410 - 8414.2] ( Article 4 added by Stats. 1965, Ch. 506. )

    Verify source ↗

    A public agency must adopt necessary flood plain regulations for a designated floodway within one year after notice from the department or board, and the state may not pay certain flood-control land costs unless those regulations are adopted.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Cobey-Alquist Flood Plain Management Act [8400 - 8415] ( Chapter 4 added by Stats. 1965, Ch. 506. ) ## ARTICLE 4. Establishment of Flood Plain Regulations [8410 - 8414.2] ( Article 4 added by Stats. 1965, Ch. 506. ) ## 8411. Within any area classified “designated floodway” by the department or board after completion of a federal project report the appropriate public agency shall establish the necessary flood plain regulations within one year following notification by the department or board. The state shall not pay any of the cost of lands, easements, and rights-of-way associated with the flood control project as set forth in the project report of the federal agency unless flood plain regulations for the designated floodway are adopted in accordance with the requirements of this chapter. (Amended by Stats. 1972, Ch. 1304, Sec. 1.)
  141. 8412.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Cobey-Alquist Flood Plain Management Act [8400 - 8415] ( Chapter 4 added by Stats. 1965, Ch. 506. ) ## ARTICLE 4. Establishment of Flood Plain Regulations [8410 - 8414.2] ( Article 4 added by Stats. 1965, Ch. 506. )

    Verify source ↗

    The department or board must review flood plain regulations, notify the public agency if they are inadequate, and may recommend fixes. The public agency must adopt new regulations within 180 days after notice and send a copy to the department or board.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Cobey-Alquist Flood Plain Management Act [8400 - 8415] ( Chapter 4 added by Stats. 1965, Ch. 506. ) ## ARTICLE 4. Establishment of Flood Plain Regulations [8410 - 8414.2] ( Article 4 added by Stats. 1965, Ch. 506. ) ## 8412. The department or board shall review the adequacy of flood plain regulations established by a public agency to meet the requirements of Section 8411, and shall notify the appropriate public agency in the event the flood plain regulations are determined by the department or board to be inadequate to comply with the requirements of Section 8411. The department or board may recommend any provisions necessary to provide adequate flood plain regulations. Any such public agency shall within 180 days of receipt of the notice from the department or board, adopt new flood plain regulations. Upon their adoption a copy of such flood plain regulations shall be sent to the department or board. (Added by Stats. 1972, Ch. 1304.)
  142. 8413.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Cobey-Alquist Flood Plain Management Act [8400 - 8415] ( Chapter 4 added by Stats. 1965, Ch. 506. ) ## ARTICLE 4. Establishment of Flood Plain Regulations [8410 - 8414.2] ( Article 4 added by Stats. 1965, Ch. 506. )

    Verify source ↗

    Flood plain regulations adopted under Section 8412 take effect 60 days after adoption, unless the department or board finds them inadequate under Section 8411.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Cobey-Alquist Flood Plain Management Act [8400 - 8415] ( Chapter 4 added by Stats. 1965, Ch. 506. ) ## ARTICLE 4. Establishment of Flood Plain Regulations [8410 - 8414.2] ( Article 4 added by Stats. 1965, Ch. 506. ) ## 8413. Flood plain regulations adopted pursuant to Section 8412 shall take effect 60 days from the date of adoption by the public agency and shall be deemed to meet the requirements of Section 8411 unless the department or board determines that such flood plain regulations are not adequate to comply with the requirements of Section 8411. If the department or board makes such a determination, it shall so report to the public agency and shall recommend such regulations or modifications of the regulations of the agency, which it determines are necessary. (Added by Stats. 1972, Ch. 1304.)
  143. 8414.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Cobey-Alquist Flood Plain Management Act [8400 - 8415] ( Chapter 4 added by Stats. 1965, Ch. 506. ) ## ARTICLE 4. Establishment of Flood Plain Regulations [8410 - 8414.2] ( Article 4 added by Stats. 1965, Ch. 506. )

    Verify source ↗

    If a public agency does not adopt required flood plain regulations in time, the local flood control agency may adopt them for the designated floodway.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Cobey-Alquist Flood Plain Management Act [8400 - 8415] ( Chapter 4 added by Stats. 1965, Ch. 506. ) ## ARTICLE 4. Establishment of Flood Plain Regulations [8410 - 8414.2] ( Article 4 added by Stats. 1965, Ch. 506. ) ## 8414. If a public agency fails to adopt flood plain regulations pursuant to Section 8411, or fails to adopt new flood plain regulations within 180 days of receipt of the department’s or board’s notice pursuant to Section 8412, or fails to adopt or modify such regulations in the manner determined as necessary by the department or board pursuant to Section 8413 within 90 days of receipt of the department’s or board’s notice pursuant to Section 8413, the local flood control agency having jurisdiction over the project area may adopt flood plain regulations for the designated floodway necessary to comply with the requirements of Section 8411. Such flood plain regulations adopted by the local flood control agency shall take effect 30 days from the date of their adoption and shall be enforced by the public agency and have the same force and effect as if adopted as flood plain regulations by the public agency. (Added by Stats. 1972, Ch. 1304.)
  144. 8414.2.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Cobey-Alquist Flood Plain Management Act [8400 - 8415] ( Chapter 4 added by Stats. 1965, Ch. 506. ) ## ARTICLE 4. Establishment of Flood Plain Regulations [8410 - 8414.2] ( Article 4 added by Stats. 1965, Ch. 506. )

    Verify source ↗

    A public agency may not revise certain flood plain regulations or grant a variance from them unless it has consent from the department or board and the local flood control agency with jurisdiction.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Cobey-Alquist Flood Plain Management Act [8400 - 8415] ( Chapter 4 added by Stats. 1965, Ch. 506. ) ## ARTICLE 4. Establishment of Flood Plain Regulations [8410 - 8414.2] ( Article 4 added by Stats. 1965, Ch. 506. ) ## 8414.2. No public agency shall revise flood plain regulations established to meet the requirements of Section 8411 or shall grant a variance from such regulations without the consent of the department or board and of the local flood control agency having jurisdiction over the project area. (Added by Stats. 1972, Ch. 1304.)
  145. 8415.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Cobey-Alquist Flood Plain Management Act [8400 - 8415] ( Chapter 4 added by Stats. 1965, Ch. 506. ) ## ARTICLE 5. Administrative Regulations [8415- 8415.] ( Article 5 added by Stats. 1965, Ch. 506. )

    Verify source ↗

    The department and the board must establish general policy, and they may make rules and regulations needed to carry out this chapter.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 4. Cobey-Alquist Flood Plain Management Act [8400 - 8415] ( Chapter 4 added by Stats. 1965, Ch. 506. ) ## ARTICLE 5. Administrative Regulations [8415- 8415.] ( Article 5 added by Stats. 1965, Ch. 506. ) ## 8415. The department and the board, within their respective jurisdictions as provided in this chapter, shall establish general policy and may prescribe such rules and regulations as may be necessary to carry out this chapter. (Added by Stats. 1965, Ch. 506.)
  146. 8450.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 5. Maintenance Costs of Vegetation on Levees [8450 - 8457] ( Chapter 5 added by Stats. 1973, Ch. 995. )

    Verify source ↗

    The Legislature says levee vegetation on flood control projects may be valuable, can require special maintenance, and may justify the public sharing added maintenance costs.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 5. Maintenance Costs of Vegetation on Levees [8450 - 8457] ( Chapter 5 added by Stats. 1973, Ch. 995. ) ## 8450. The Legislature finds and declares as follows: (a) Although the levees of flood control projects in this state have in the past been considered to be single-purpose, flood control features, many of these projects receive heavy nonlocal usage for recreation, transportation, and other purposes for which the retention and maintenance of vegetative cover is desirable. (b) Construction and maintenance practices have been developed over the past several decades which were designed to minimize costs while still furnishing the required degree of flood control. These practices in many instances resulted in “bare” levees, devoid of any vegetative cover which might interfere with local maintenance, levee inspection, or flood fighting. (c) Flood control project levees are increasingly recognized as valuable wildlife, recreational, scenic, and aesthetic resources, and construction and maintenance standards have been developed by the Army Corps of Engineers and the State of California which minimize vegetation removal and which encourage or require, as a condition of the project work, replanting and controlled vegetation maintenance on such levees as part of the responsibility of local flood control districts. (d) Costs of maintaining vegetation on levees for such non-flood-control purposes as wildlife enhancement, recreation, and scenic beauty are approximately double those of normal flood-control-related maintenance, and nonlocal users are the prime beneficiaries. It is therefore appropriate that the general public participate in meeting such additional maintenance costs. (Added by Stats. 1973, Ch. 995.)
  147. 8451.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 5. Maintenance Costs of Vegetation on Levees [8450 - 8457] ( Chapter 5 added by Stats. 1973, Ch. 995. )

    Verify source ↗

    The Legislature says the Reclamation Board and Department of Water Resources should give highest priority to certain flood control district applications when implementing this chapter.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 5. Maintenance Costs of Vegetation on Levees [8450 - 8457] ( Chapter 5 added by Stats. 1973, Ch. 995. ) ## 8451. It is the intent of the Legislature, in providing for state participation in the additional costs attributable to the non-flood-control activities described in this chapter, that the Reclamation Board and the Department of Water Resources, in preparing rules and regulations to implement this chapter, provide that, in processing applications from flood control districts for state participation in such costs, highest priority be given to those districts in which factors, such as the size of the district, degree of nonlocal benefits, and level of non-flood-control maintenance costs which have been transferred to the district due to circumstances beyond their control, combine to work financial hardship on such districts. (Added by Stats. 1973, Ch. 995.)
  148. 8452.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 5. Maintenance Costs of Vegetation on Levees [8450 - 8457] ( Chapter 5 added by Stats. 1973, Ch. 995. )

    Verify source ↗

    This section defines “department or the Reclamation Board” for this chapter.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 5. Maintenance Costs of Vegetation on Levees [8450 - 8457] ( Chapter 5 added by Stats. 1973, Ch. 995. ) ## 8452. Wherever the words “department or the Reclamation Board” are used together in this chapter, they shall mean the Reclamation Board as to any flood control project levees under its jurisdiction and the Department of Water Resources as to all other flood control project levees. (Added by Stats. 1973, Ch. 995.)
  149. 8453.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 5. Maintenance Costs of Vegetation on Levees [8450 - 8457] ( Chapter 5 added by Stats. 1973, Ch. 995. )

    Verify source ↗

    The state must pay 50% of certain project-facility operation and maintenance costs tied to controlled vegetative cover on project levees.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 5. Maintenance Costs of Vegetation on Levees [8450 - 8457] ( Chapter 5 added by Stats. 1973, Ch. 995. ) ## 8453. Notwithstanding any other provision of law to the contrary, it is the intention of the Legislature that the state shall pay 50 percent of the costs associated with the operation and maintenance of project facilities under the State Water Resources Law of 1945 which are directly attributable to the planting or retention of controlled vegetative cover for wildlife, recreational, scenic, and aesthetic purposes on project levees. (Added by Stats. 1973, Ch. 995.)
  150. 8454.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 5. Maintenance Costs of Vegetation on Levees [8450 - 8457] ( Chapter 5 added by Stats. 1973, Ch. 995. )

    Verify source ↗

    Local agencies with project facilities under the State Water Resources Law of 1945 may get reimbursement for added maintenance costs caused by vegetative cover on levees, if they agree to maintain that cover as determined by the department or Reclamation Board.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 5. Maintenance Costs of Vegetation on Levees [8450 - 8457] ( Chapter 5 added by Stats. 1973, Ch. 995. ) ## 8454. Local agencies maintaining project facilities under the State Water Resources Law of 1945 shall be eligible for reimbursement pursuant to the provisions of this chapter if the cost of maintenance is increased by the planting or retention of vegetative cover on such levees, if the local agency agrees to maintain such vegetative cover on project levees as may be determined by the department or Reclamation Board, after consultation with any other affected state agencies, to be necessary for wildlife habitat, recreational, aesthetic, and scenic purposes. (Added by Stats. 1973, Ch. 995.)
  151. 8455.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 5. Maintenance Costs of Vegetation on Levees [8450 - 8457] ( Chapter 5 added by Stats. 1973, Ch. 995. )

    Verify source ↗

    Local agencies with agreements under this chapter must prepare an annual work program and cost estimate and submit it to the department or Reclamation Board for review.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 5. Maintenance Costs of Vegetation on Levees [8450 - 8457] ( Chapter 5 added by Stats. 1973, Ch. 995. ) ## 8455. Local agencies entering into agreements with the state shall annually prepare a work program and estimate of cost for conducting any maintenance activities necessary to carry out the project maintenance and the purposes of this chapter and shall submit the proposed program and cost estimates to the department or the Reclamation Board for review. The department or the Reclamation Board shall review the proposed program and, after receiving the comments of any other affected state agencies, the department or the Reclamation Board shall certify for reimbursement 50 percent of those costs which are found to be attributable to the maintenance of vegetative cover for wildlife, recreational, aesthetic, and scenic purposes, and may allocate funds appropriated for these purposes to local agencies which have entered into agreements with the state pursuant to this chapter. (Added by Stats. 1973, Ch. 995.)
  152. 8456.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 5. Maintenance Costs of Vegetation on Levees [8450 - 8457] ( Chapter 5 added by Stats. 1973, Ch. 995. )

    Verify source ↗

    The department or the Reclamation Board may not let administrative costs under this chapter exceed 10% of the program’s annual cost in any fiscal year.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 5. Maintenance Costs of Vegetation on Levees [8450 - 8457] ( Chapter 5 added by Stats. 1973, Ch. 995. ) ## 8456. Administrative costs incurred by the department or the Reclamation Board under this chapter in any fiscal year shall not exceed 10 percent of the annual cost of the program established by this chapter. (Added by Stats. 1973, Ch. 995.)
  153. 8457.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 5. Maintenance Costs of Vegetation on Levees [8450 - 8457] ( Chapter 5 added by Stats. 1973, Ch. 995. )

    Verify source ↗

    State expenditures for this chapter must not exceed $200,000 per year.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 2. STATE FLOOD CONTROL [8300 - 8457] ( Part 2 added by Stats. 1943, Ch. 369. ) ## CHAPTER 5. Maintenance Costs of Vegetation on Levees [8450 - 8457] ( Chapter 5 added by Stats. 1973, Ch. 995. ) ## 8457. State expenditures for the purposes of this chapter shall not exceed the amount of two hundred thousand dollars ($200,000) per year. (Added by Stats. 1973, Ch. 995.)
  154. 8500.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 3. SACRAMENTO AND SAN JOAQUIN DRAINAGE DISTRICT [8500 - 8504] ( Part 3 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Creation and Boundaries [8500 - 8504] ( Chapter 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The Sacramento and San Joaquin Drainage District continues to exist.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 3. SACRAMENTO AND SAN JOAQUIN DRAINAGE DISTRICT [8500 - 8504] ( Part 3 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Creation and Boundaries [8500 - 8504] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## 8500. The “Sacramento and San Joaquin Drainage District” is continued in existence. (Added by Stats. 1943, Ch. 369.)
  155. 85000.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. Short Title and Legislative Findings [85000 - 85004] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    This division may be cited as the Sacramento-San Joaquin Delta Reform Act of 2009.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. Short Title and Legislative Findings [85000 - 85004] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85000. This division shall be known, and may be cited, as the Sacramento-San Joaquin Delta Reform Act of 2009. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  156. 85001.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. Short Title and Legislative Findings [85000 - 85004] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The Legislature states that the Delta water system is in crisis and says the division is meant to support sustainable Delta management, more reliable water supply, water quality protection, and a governance structure for a legally enforceable Delta Plan.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. Short Title and Legislative Findings [85000 - 85004] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85001. The Legislature finds and declares all of the following: (a) The Sacramento-San Joaquin Delta watershed and California’s water infrastructure are in crisis and existing Delta policies are not sustainable. Resolving the crisis requires fundamental reorganization of the state’s management of Delta watershed resources. (b) In response to the Delta crisis, the Legislature and the Governor required development of a new long-term strategic vision for managing the Delta. The Governor appointed a Blue Ribbon Task Force to recommend a new “Delta Vision Strategic Plan” to his cabinet committee, which, in turn, made recommendations for a Delta Vision to the Governor and the Legislature on January 3, 2009. (c) By enacting this division, it is the intent of the Legislature to provide for the sustainable management of the Sacramento-San Joaquin Delta ecosystem, to provide for a more reliable water supply for the state, to protect and enhance the quality of water supply from the Delta, and to establish a governance structure that will direct efforts across state agencies to develop a legally enforceable Delta Plan. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  157. 85002.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. Short Title and Legislative Findings [85000 - 85004] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The Legislature states that the Sacramento-San Joaquin Delta is a critically important natural resource for California and the nation.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. Short Title and Legislative Findings [85000 - 85004] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85002. The Legislature finds and declares that the Sacramento-San Joaquin Delta, referred to as “the Delta” in this division, is a critically important natural resource for California and the nation. It serves Californians concurrently as both the hub of the California water system and the most valuable estuary and wetland ecosystem on the west coast of North and South America. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  158. 85003.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. Short Title and Legislative Findings [85000 - 85004] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The Legislature states findings about the Delta’s historical wetlands, levees, property ownership, and salinity changes.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. Short Title and Legislative Findings [85000 - 85004] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85003. The Legislature finds and declares all of the following: (a) Originally, the Delta was a shallow wetland with water covering the area for many months of the year. Natural levees, created by deposits of sediment, allowed some islands to emerge during the dry summer months. Salinity would fluctuate, depending on the season and the amount of precipitation in any one year, and the species that comprised the Delta ecosystem had evolved and adapted to this unique, dynamic system. (b) Delta property ownership developed pursuant to the federal Swamp Land Act of 1850, and state legislation enacted in 1861, and as a result of the construction of levees to keep previously seasonal wetlands dry throughout the year. That property ownership, and the exercise of associated rights, continue to depend on the landowners’ maintenance of those nonproject levees and do not include any right to state funding of levee maintenance or repair. (c) In 1933, the Legislature approved the California Central Valley Project Act, which relied upon the transfer of Sacramento River water south through the Delta and maintenance of a more constant salinity regime by using upstream reservoir releases of freshwater to create a hydraulic salinity barrier. As a result of the operations of state and federal water projects, the natural salinity variations in the Delta have been altered. Restoring a healthy estuarine ecosystem in the Delta may require developing a more natural salinity regime in parts of the Delta. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  159. 85004.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. Short Title and Legislative Findings [85000 - 85004] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The Legislature states that California’s economy depends in part on water use or imports from the Delta watershed, and that improving water supply reliability requires efficiency, conservation, reclamation, desalination, and infrastructure projects.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. Short Title and Legislative Findings [85000 - 85004] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85004. The Legislature finds and declares all of the following: (a) The economies of major regions of the state depend on the ability to use water within the Delta watershed or to import water from the Delta watershed. More than two-thirds of the residents of the state and more than two million acres of highly productive farmland receive water exported from the Delta watershed. (b) Providing a more reliable water supply for the state involves implementation of water use efficiency and conservation projects, wastewater reclamation projects, desalination, and new and improved infrastructure, including water storage and Delta conveyance facilities. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  160. 8501.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 3. SACRAMENTO AND SAN JOAQUIN DRAINAGE DISTRICT [8500 - 8504] ( Part 3 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Creation and Boundaries [8500 - 8504] ( Chapter 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The district’s boundaries are the ones described in Chapter 170, Statutes and Amendments to the Codes, California, 1913, which is incorporated by reference.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 3. SACRAMENTO AND SAN JOAQUIN DRAINAGE DISTRICT [8500 - 8504] ( Part 3 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Creation and Boundaries [8500 - 8504] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## 8501. The boundaries of the district are set forth and described in Chapter 170, Statutes and Amendments to the Codes, California, 1913, and the description is hereby incorporated herein by reference as there set out. (Added by Stats. 1943, Ch. 369.)
  161. 8502.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 3. SACRAMENTO AND SAN JOAQUIN DRAINAGE DISTRICT [8500 - 8504] ( Part 3 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Creation and Boundaries [8500 - 8504] ( Chapter 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The Central Valley Flood Protection Board is responsible for managing and controlling the district.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 3. SACRAMENTO AND SAN JOAQUIN DRAINAGE DISTRICT [8500 - 8504] ( Part 3 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Creation and Boundaries [8500 - 8504] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## 8502. The management and control of the district are vested in the Central Valley Flood Protection Board. (Amended by Stats. 2009, Ch. 275, Sec. 2. (AB 1165) Effective January 1, 2010.)
  162. 85020.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 2. Delta Policy [85020 - 85023] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    California’s policy for Delta management is to pursue a set of environmental, water, and governance objectives.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 2. Delta Policy [85020 - 85023] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85020. The policy of the State of California is to achieve the following objectives that the Legislature declares are inherent in the coequal goals for management of the Delta: (a) Manage the Delta’s water and environmental resources and the water resources of the state over the long term. (b) Protect and enhance the unique cultural, recreational, and agricultural values of the California Delta as an evolving place. (c) Restore the Delta ecosystem, including its fisheries and wildlife, as the heart of a healthy estuary and wetland ecosystem. (d) Promote statewide water conservation, water use efficiency, and sustainable water use. (e) Improve water quality to protect human health and the environment consistent with achieving water quality objectives in the Delta. (f) Improve the water conveyance system and expand statewide water storage. (g) Reduce risks to people, property, and state interests in the Delta by effective emergency preparedness, appropriate land uses, and investments in flood protection. (h) Establish a new governance structure with the authority, responsibility, accountability, scientific support, and adequate and secure funding to achieve these objectives. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  163. 85021.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 2. Delta Policy [85020 - 85023] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    California policy says the state should reduce Delta reliance, and regions that depend on Delta water must improve their own water self-reliance.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 2. Delta Policy [85020 - 85023] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85021. The policy of the State of California is to reduce reliance on the Delta in meeting California’s future water supply needs through a statewide strategy of investing in improved regional supplies, conservation, and water use efficiency. Each region that depends on water from the Delta watershed shall improve its regional self-reliance for water through investment in water use efficiency, water recycling, advanced water technologies, local and regional water supply projects, and improved regional coordination of local and regional water supply efforts. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  164. 85022.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 2. Delta Policy [85020 - 85023] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    Covered state and local land use actions must be consistent with the Delta Plan, and the council must be guided by this section’s findings, policies, and goals when reviewing certain commission decisions.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 2. Delta Policy [85020 - 85023] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85022. (a) It is the intent of the Legislature that state and local land use actions identified as “covered actions” pursuant to Section 85057.5 be consistent with the Delta Plan. This section’s findings, policies, and goals apply to Delta land use planning and development. (b) The actions of the council shall be guided by the findings, policies, and goals expressed in this section when reviewing decisions of the commission pursuant to Division 19.5 (commencing with Section 29700) of the Public Resources Code. (c) The Legislature finds and declares all of the following: (1) The Delta is a distinct and valuable natural resource of vital and enduring interest to all the people and exists as a delicately balanced estuary and wetland ecosystem of hemispheric importance. (2) The permanent protection of the Delta’s natural and scenic resources is the paramount concern to present and future residents of the state and nation. (3) To promote the public safety, health, and welfare, and to protect public and private property, wildlife, fisheries, and the natural environment, it is necessary to protect and enhance the ecosystem of the Delta and prevent its further deterioration and destruction. (4) Existing developed uses, and future developments that are carefully planned and developed consistent with the policies of this division, are essential to the economic and social well-being of the people of this state and especially to persons living and working in the Delta. (d) The fundamental goals for managing land use in the Delta are to do all of the following: (1) Protect, maintain, enhance, and, where feasible, restore the overall quality of the Delta environment and its natural and artificial resources. (2) Ensure the utilization and conservation of Delta resources, taking into account the social and economic needs of the people of the state. (3) Maximize public access to Delta resources and maximize public recreational opportunities in the Delta consistent with sound resources conservation principles and constitutionally protected rights of private property owners. (4) Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the Delta. (5) Develop new or improved aquatic and terrestrial habitat and protect existing habitats to advance the goal of restoring and enhancing the Delta ecosystem. (6) Improve water quality to protect human health and the environment consistent with achieving water quality objectives in the Delta. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  165. 85023.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 2. Delta Policy [85020 - 85023] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    State water management policy is based on the constitutional principle of reasonable use and the public trust doctrine, especially for the Delta.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 2. Delta Policy [85020 - 85023] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85023. The longstanding constitutional principle of reasonable use and the public trust doctrine shall be the foundation of state water management policy and are particularly important and applicable to the Delta. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  166. 8503.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 3. SACRAMENTO AND SAN JOAQUIN DRAINAGE DISTRICT [8500 - 8504] ( Part 3 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Creation and Boundaries [8500 - 8504] ( Chapter 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The district is a body corporate and politic and may sue and be sued.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 3. SACRAMENTO AND SAN JOAQUIN DRAINAGE DISTRICT [8500 - 8504] ( Part 3 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Creation and Boundaries [8500 - 8504] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## 8503. The district is a body corporate and politic and may sue and be sued. (Added by Stats. 1943, Ch. 369.)
  167. 85031.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 3. Miscellaneous Provisions [85031 - 85034] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    This section says the division does not take away or change existing water-rights protections, and it does not expand the State Board’s authority or the courts’ concurrent jurisdiction.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 3. Miscellaneous Provisions [85031 - 85034] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85031. (a) This division does not diminish, impair, or otherwise affect in any manner whatsoever any area of origin, watershed of origin, county of origin, or any other water rights protections, including, but not limited to, rights to water appropriated prior to December 19, 1914, provided under the law. This division does not limit or otherwise affect the application of Article 1.7 (commencing with Section 1215) of Chapter 1 of Part 2 of Division 2, Sections 10505, 10505.5, 11128, 11460, 11461, 11462, and 11463, and Sections 12200 to 12220, inclusive. (b) For the purposes of this division, an area that utilizes water that has been diverted and conveyed from the Sacramento River hydrologic region, for use outside the Sacramento River hydrologic region or the Delta, shall not be deemed to be immediately adjacent thereto or capable of being conveniently supplied with water therefrom by virtue or on account of the diversion and conveyance of that water through facilities that may be constructed for that purpose after January 1, 2010. (c) Nothing in this division supersedes, limits, or otherwise modifies the applicability of Chapter 10 (commencing with Section 1700) of Part 2 of Division 2, including petitions related to any new conveyance constructed or operated in accordance with Chapter 2 (commencing with Section 85320) of Part 4. (d) Unless otherwise expressly provided, nothing in this division supersedes, reduces, or otherwise affects existing legal protections, both procedural and substantive, relating to the state board’s regulation of diversion and use of water, including, but not limited to, water right priorities, the protection provided to municipal interests by Sections 106 and 106.5, and changes in water rights. Nothing in this division expands or otherwise alters the board’s existing authority to regulate the diversion and use of water or the courts’ existing concurrent jurisdiction over California water rights. (Amended by Stats. 2011, Ch. 296, Sec. 315. (AB 1023) Effective January 1, 2012.)
  168. 85032.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 3. Miscellaneous Provisions [85031 - 85034] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    This division does not change or limit several listed laws, doctrines, water rights, or the state’s flood-protection liability.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 3. Miscellaneous Provisions [85031 - 85034] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85032. This division does not affect any of the following: (a) The Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code). (b) The California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code). (c) The Fish and Game Code. (d) The Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000). (e) Chapter 8 (commencing with Section 12930) of Part 6 of Division 6. (f) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (g) Section 1702. (h) The application of the public trust doctrine. (i) Any water right. (j) The liability of the state for flood protection in the Delta or its watershed. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  169. 85034.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 3. Miscellaneous Provisions [85031 - 85034] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The council must take over administration, control, and related responsibilities from the California Bay-Delta Authority, and the Department of General Services cannot review or approve that exercise of authority.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 3. Miscellaneous Provisions [85031 - 85034] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85034. (a) (1) The council shall administer all contracts, grants, easements, and agreements made or entered into by the California Bay-Delta Authority under Division 26.4 (commencing with Section 79400), as that division read on December 31, 2009. (2) The exercise of the authority described in paragraph (1) is not subject to review or approval by the Department of General Services. (3) A contract, lease, license, or any other agreement to which the California Bay-Delta Authority is a party is not void or voidable as a result of the implementation of this subdivision, but shall continue in full force and effect until the end of its term. (b) The council shall be the successor to and shall assume from the California Bay-Delta Authority all of the administrative rights, abilities, obligations, and duties of that authority. (c) The council shall have possession and control of all records, papers, equipment, supplies, contracts, leases, agreements, and other property, real or personal, connected with the administration of Division 26.4 (commencing with Section 79400), as that division read on December 31, 2009, or held for the benefit or use of the California Bay-Delta Authority. (d) The council shall assume from the California Bay-Delta Authority all responsibility to manage, in accordance with Chapter 5 (commencing with Section 85280) of Part 3, the science program element that was required to be undertaken by Division 26.4 (commencing with Section 79400), as that division read on December 31, 2009. (e) Consistent with the responsibilities and duties assumed by the council pursuant to this section, all staff, resources, and funding within the Natural Resources Agency and the Department of Forestry and Fire Protection for the support of the CALFED Bay-Delta Program are hereby transferred to, and may be expended for the purposes of, the council. The executive officer of the council shall confer with the Director of Fish and Game, the director of the department, and the executive director of the board regarding possible reallocation of the staff and resources. The status, position, and rights of any officer or employee shall not be affected by this transfer and all officers and employees shall be retained pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code). (Amended by Stats. 2011, Ch. 296, Sec. 316. (AB 1023) Effective January 1, 2012.)
  170. 8504.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 3. SACRAMENTO AND SAN JOAQUIN DRAINAGE DISTRICT [8500 - 8504] ( Part 3 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Creation and Boundaries [8500 - 8504] ( Chapter 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The district may acquire, own, hold, use, and enjoy property that is necessary for its purposes.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 3. SACRAMENTO AND SAN JOAQUIN DRAINAGE DISTRICT [8500 - 8504] ( Part 3 added by Stats. 1943, Ch. 369. ) ## CHAPTER 1. Creation and Boundaries [8500 - 8504] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## 8504. The district may acquire, own, hold, use, and enjoy any and all properties necessary for the purposes of the district. (Added by Stats. 1943, Ch. 369.)
  171. 85050.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The definitions in this chapter control how this division is interpreted unless the context requires otherwise.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85050. Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of this division. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  172. 85051.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    “Acquisition” means buying a fee interest or any other interest, including easements, leases, and development rights.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85051. “Acquisition” means the acquisition of a fee interest or any other interest, including easements, leases, and development rights. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  173. 85052.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    This section defines “Adaptive management” as a flexible decisionmaking process focused on ongoing learning, monitoring, and evaluation to improve project planning and implementation.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85052. “Adaptive management” means a framework and flexible decisionmaking process for ongoing knowledge acquisition, monitoring, and evaluation leading to continuous improvement in management planning and implementation of a project to achieve specified objectives. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  174. 85053.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    This section defines “Bay Delta Conservation Plan” or “BDCP” as a multispecies conservation plan.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85053. “Bay Delta Conservation Plan” or “BDCP” means a multispecies conservation plan. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  175. 85054.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    This section defines “Coequal goals” and says they should be achieved in a way that protects Delta values.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85054. “Coequal goals” means the two goals of providing a more reliable water supply for California and protecting, restoring, and enhancing the Delta ecosystem. The coequal goals shall be achieved in a manner that protects and enhances the unique cultural, recreational, natural resource, and agricultural values of the Delta as an evolving place. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  176. 85055.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    “Commission” means the Delta Protection Commission.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85055. “Commission” means the Delta Protection Commission established in Division 19.5 (commencing with Section 29700) of the Public Resources Code. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  177. 85056.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    “Conservancy” means the Sacramento-San Joaquin Delta Conservancy named in Public Resources Code Section 32320.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85056. “Conservancy” means the Sacramento-San Joaquin Delta Conservancy established in Section 32320 of the Public Resources Code. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  178. 85057.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    “Council” means the Delta Stewardship Council established in Section 85200.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85057. “Council” means the Delta Stewardship Council established in Section 85200. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  179. 85057.5.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    This section defines “covered action” and lists many exclusions, including specific routine maintenance, transportation, lease, and dredging activities. It also says the section must not be interpreted to authorize the abrogation of a vested right.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85057.5. (a) “Covered action” means a plan, program, or project as defined pursuant to Section 21065 of the Public Resources Code that meets all of the following conditions: (1) Will occur, in whole or in part, within the boundaries of the Delta or Suisun Marsh. (2) Will be carried out, approved, or funded by the state or a local public agency. (3) Is covered by one or more provisions of the Delta Plan. (4) Will have a significant impact on achievement of one or both of the coequal goals or the implementation of government-sponsored flood control programs to reduce risks to people, property, and state interests in the Delta. (b) “Covered action” does not include any of the following: (1) A regulatory action of a state agency. (2) Routine maintenance and operation of the State Water Project or the federal Central Valley Project. (3) Regional transportation plans prepared pursuant to Section 65080 of the Government Code. (4) A plan, program, project, or activity within the secondary zone of the Delta that the applicable metropolitan planning organization pursuant to Section 65080 of the Government Code has determined is consistent with either a sustainable communities strategy or an alternative planning strategy that the State Air Resources Board has determined would, if implemented, achieve the greenhouse gas emission reduction targets established by that board pursuant to subparagraph (A) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code. For purposes of this paragraph, “consistent with” means consistent with the use designation, density, building intensity, transportation plan, and applicable policies specified for the area in the sustainable communities strategy or the alternative planning strategy, as applicable, and any infrastructure necessary to support the plan, program, project, or activity. (5) Routine maintenance and operation of a facility located, in whole or in part, in the Delta, that is owned or operated by a local public agency. (6) A plan, program, project, or activity that occurs, in whole or in part, in the Delta, if both of the following conditions are met: (A) The plan, program, project, or activity is undertaken by a local public agency that is located, in whole or in part, in the Delta. (B) Either a notice of determination is filed, pursuant to Section 21152 of the Public Resources Code, for the plan, program, project, or activity by, or the plan, program, project, or activity is fully permitted by, September 30, 2009. (7) (A) A project within the secondary zone, as defined pursuant to Section 29731 of the Public Resources Code as of January 1, 2009, for which a notice of approval or determination pursuant to Section 21152 of the Public Resources Code has been filed before the date on which the Delta Plan becomes effective. (B) A project for which a notice of approval or determination is filed on or after the date on which the final Bay Delta Conservation Plan becomes effective, and before the date on which the Delta Plan becomes effective, is not a covered action but shall be consistent with the Bay Delta Conservation Plan. (C) Subparagraphs (A) and (B) do not apply to either of the following: (i) A project that is within a Restoration Opportunity Area as shown in Figure 3.1 of Chapter 3: Draft Conservation Strategy of the Bay Delta Conservation Plan, August 3, 2009, or as shown in a final Bay Delta Conservation Plan. (ii) A project that is within the alignment of a conveyance facility as shown in Figures 1 to 5, inclusive, of the Final Draft Initial Assessment of Dual Delta Water Conveyance Report, April 23, 2008, and in future revisions of this document by the department. (8) Leases approved by a special district if all of the following apply: (A) The uses proposed by the lease are authorized by the applicable general plan and zoning ordinances of the city where the special district is located. (B) The uses proposed by the lease are approved by the city where the special district is located and the city complies with Chapter 3 (commencing with Section 85225) of Part 3, if applicable, prior to approval of the lease by the special district. (C) The special district complies with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) prior to approving the lease. (9) (A) Routine dredging activities that are necessary for maintenance of facilities operated by a special district. (B) For purposes of this paragraph, “routine dredging activities” are limited to the following: (i) Dredging to maintain the Stockton Deep Water Ship Channel at a depth of 40 feet in the sediment trap at the confluence of the San Joaquin River, between river mile 39.3 to river mile 40.2, and to maintain the remaining Stockton Deep Water Ship Channel at a depth of 35 feet plus two feet of overdredge from river mile 35 to river mile 43. (ii) Dredging designed to maintain the Sacramento Deep Water Ship Channel at a depth of 30 feet plus two feet of overdredge from river mile 0.0 to river mile 30, and at a depth of 35 feet from river mile 35 to river mile 43. (C) Except as provided by this subdivision, it is the intent of the Legislature that this exemption shall not be interpreted or treated as changing or modifying current substantive and procedural regulations applicable to the decision to approve dredging operations. (c) For purposes of this section, “special district” means the Port of Stockton or the Port of West Sacramento. (d) This section shall not be interpreted to authorize the abrogation of a vested right whether created by statute or by common law. (Amended by Stats. 2013, Ch. 76, Sec. 199. (AB 383) Effective January 1, 2014.)
  180. 85058.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    “Delta” means the Sacramento-San Joaquin Delta and the Suisun Marsh.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85058. “Delta” means the Sacramento-San Joaquin Delta as defined in Section 12220 and the Suisun Marsh, as defined in Section 29101 of the Public Resources Code. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  181. 85059.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    “Delta Plan” means the Delta’s comprehensive, long-term management plan adopted by the council under this division.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85059. “Delta Plan” means the comprehensive, long-term management plan for the Delta as adopted by the council in accordance with this division. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  182. 85060.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    This section defines “Delta watershed” as the Sacramento River Hydrologic Region and the San Joaquin River Hydrologic Region, as described in Bulletin No. 160-05.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85060. “Delta watershed” means the Sacramento River Hydrologic Region and the San Joaquin River Hydrologic Region as described in the department’s Bulletin No. 160-05. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  183. 85064.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    “Public water agency” means a public entity that provides water service, subject to the referenced definitions in Sections 514 and 515.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85064. “Public water agency” means a public entity, as defined in Section 514, that provides water service, as defined in Section 515. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  184. 85066.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    “Restoration” means using ecological principles to restore a degraded or fragmented ecosystem toward its natural potential.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85066. “Restoration” means the application of ecological principles to restore a degraded or fragmented ecosystem and return it to a condition in which its biological and structural components achieve a close approximation of its natural potential, taking into consideration the physical changes that have occurred in the past and the future impact of climate change and sea level rise. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  185. 85067.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    “Strategic Plan” means two specified Delta Vision documents.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 1. GENERAL PROVISIONS [85000 - 85067] ( Part 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Definitions [85050 - 85067] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85067. “Strategic Plan” means both the “Delta Vision Strategic Plan” issued by the Delta Vision Blue Ribbon Task Force on October 17, 2008, and the “Delta Vision Implementation Report” adopted by the Delta Vision Committee and dated December 31, 2008. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  186. 85080.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 2. EARLY ACTIONS [85080 - 85089] ( Part 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The council must appoint a Delta Independent Science Board under Section 85280.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 2. EARLY ACTIONS [85080 - 85089] ( Part 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85080. The council shall appoint a Delta Independent Science Board in accordance with Section 85280. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  187. 85082.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 2. EARLY ACTIONS [85080 - 85089] ( Part 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The council must develop and carry out a strategy to engage federal agencies involved in the Delta.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 2. EARLY ACTIONS [85080 - 85089] ( Part 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85082. The council shall develop and implement a strategy to appropriately engage participation of the federal agencies with responsibilities in the Delta. This strategy shall include engaging these federal agencies to develop the Delta Plan consistent with the federal Coastal Zone Management Act of 1972 (16 U.S.C. Sec. 1451 et seq.), the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.), and Section 8 of the federal Reclamation Act of 1902. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  188. 85084.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 2. EARLY ACTIONS [85080 - 85089] ( Part 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The council must develop an interim plan with recommendations for early actions, projects, and programs.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 2. EARLY ACTIONS [85080 - 85089] ( Part 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85084. The council shall develop an interim plan that includes recommendations for early actions, projects, and programs. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  189. 85084.5.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 2. EARLY ACTIONS [85080 - 85089] ( Part 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The Department of Fish and Game must develop and recommend Delta flow criteria and quantifiable biological objectives to the board.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 2. EARLY ACTIONS [85080 - 85089] ( Part 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85084.5. The Department of Fish and Game, in consultation with the United States Fish and Wildlife Service and the National Marine Fisheries Service and based on the best available science, shall develop and recommend to the board Delta flow criteria and quantifiable biological objectives for aquatic and terrestrial species of concern dependent on the Delta. The recommendations shall be developed no later than 12 months after the date of enactment of this division. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  190. 85085.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 2. EARLY ACTIONS [85080 - 85089] ( Part 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The department must carry out four listed actions: coordinate on the Two-Gates Fish Protection Demonstration Project, evaluate the Three Mile Slough Barrier project, move ahead with near-term actions in the Strategic Plan, and assist with early action ecosystem restoration projects.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 2. EARLY ACTIONS [85080 - 85089] ( Part 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85085. The department shall do all of the following: (a) Coordinate with the Department of Fish and Game, the board, the California regional water quality control boards, and the State Lands Commission efforts to cooperate with the United States Bureau of Reclamation to construct and implement the Two-Gates Fish Protection Demonstration Project by December 1, 2010. (b) Evaluate the effectiveness of the Three Mile Slough Barrier project. (c) Expeditiously move ahead with other near term actions as identified in the Strategic Plan. (d) Assist in implementing early action ecosystem restoration projects, including, but not limited to, Dutch Slough tidal marsh restoration and Meins Island tidal marsh restoration. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  191. 85086.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 2. EARLY ACTIONS [85080 - 85089] ( Part 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The board must create water diversion data reporting, develop Delta flow criteria, follow a public process, and submit determinations to the council by the stated deadlines.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 2. EARLY ACTIONS [85080 - 85089] ( Part 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85086. (a) The board shall establish an effective system of Delta watershed diversion data collection and public reporting by December 31, 2010. (b) It is the intent of the Legislature to establish an accelerated process to determine instream flow needs of the Delta for the purposes of facilitating the planning decisions that are required to achieve the objectives of the Delta Plan. (c) (1) For the purpose of informing planning decisions for the Delta Plan and the Bay Delta Conservation Plan, the board shall, pursuant to its public trust obligations, develop new flow criteria for the Delta ecosystem necessary to protect public trust resources. In carrying out this section, the board shall review existing water quality objectives and use the best available scientific information. The flow criteria for the Delta ecosystem shall include the volume, quality, and timing of water necessary for the Delta ecosystem under different conditions. The flow criteria shall be developed in a public process by the board within nine months of the enactment of this division. The public process shall be in the form of an informational proceeding conducted pursuant to Article 3 (commencing with Section 649) of Chapter 1.5 of Division 3 of Title 23 of the California Code of Regulations, and shall provide an opportunity for all interested persons to participate. The flow criteria shall not be considered predecisional with regard to any subsequent board consideration of a permit, including any permit in connection with a final BDCP. (2) Any order approving a change in the point of diversion of the State Water Project or the federal Central Valley Project from the southern Delta to a point on the Sacramento River shall include appropriate Delta flow criteria and shall be informed by the analysis conducted pursuant to this section. The flow criteria shall be subject to modification over time based on a science-based adaptive management program that integrates scientific and monitoring results, including the contribution of habitat and other conservation measures, into ongoing Delta water management. (3) Nothing in this section amends or otherwise affects the application of the board’s authority under Part 2 (commencing with Section 1200) of Division 2 to include terms and conditions in permits that in its judgment will best develop, conserve, and utilize in the public interest the water sought to be appropriated. (d) The board shall enter into an agreement with the State Water Project contractors and the federal Central Valley Project contractors, who rely on water exported from the Sacramento River watershed, or a joint powers authority comprised of those contractors, for reimbursement of the costs of the analysis conducted pursuant to this section. (e) The board shall submit its flow criteria determinations pursuant to this section to the council for its information within 30 days of completing the determinations. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  192. 85087.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 2. EARLY ACTIONS [85080 - 85089] ( Part 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The board must submit a prioritized schedule and cost estimate to the Legislature by December 31, 2010, and must consult the Department of Fish and Game while developing the schedule.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 2. EARLY ACTIONS [85080 - 85089] ( Part 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85087. The board, by December 31, 2010, shall submit to the Legislature a prioritized schedule and estimate of costs to complete instream flow studies for the Delta and for high priority rivers and streams in the Delta watershed, not otherwise covered by Section 85086, by 2012, and for all major rivers and streams outside the Sacramento River watershed by 2018. In developing this schedule, the board shall consult with the Department of Fish and Game as to the timing of its submission of recommendations for instream flow needs. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  193. 85088.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 2. EARLY ACTIONS [85080 - 85089] ( Part 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The department may not start construction of specified diversion or conveyance facilities until the board issues an approving order.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 2. EARLY ACTIONS [85080 - 85089] ( Part 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85088. Until the board issues an order approving a change in the point of diversion of the State Water Project and the federal Central Valley Project from the southern Delta to a point on the Sacramento River as specified in subdivision (c) of Section 85086, the department shall not commence construction of any diversion, conveyance, or other facility necessary to divert and convey water pursuant to the change in point of diversion. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  194. 85089.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 2. EARLY ACTIONS [85080 - 85089] ( Part 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    A new Delta conveyance facility cannot be started until the specified water contractors, or a joint powers authority for them, have arranged or contracted to pay required costs and full property-tax or assessment mitigation.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 2. EARLY ACTIONS [85080 - 85089] ( Part 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85089. Construction of a new Delta conveyance facility shall not be initiated until the persons or entities that contract to receive water from the State Water Project and the federal Central Valley Project or a joint powers authority representing those entities have made arrangements or entered into contracts to pay for both of the following: (a) The costs of the environmental review, planning, design, construction, and mitigation, including mitigation required pursuant to Division 13 (commencing with Section 21000 of the Public Resources Code), required for the construction, operation, and maintenance of any new Delta water conveyance facility. (b) Full mitigation of property tax or assessments levied by local governments or special districts for land used in the construction, location, mitigation, or operation of new Delta conveyance facilities. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  195. 8510.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 3.5. Yolo Bypass Cache Slough Partnership Multibenefit Program [8510 - 8512] ( Part 3.5 added by Stats. 2021, Ch. 275, Sec. 1. )

    Verify source ↗

    This section states legislative findings about the Yolo Bypass and Cache Slough region and its importance for flood control, water supply, habitat, agriculture, and recreation.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 3.5. Yolo Bypass Cache Slough Partnership Multibenefit Program [8510 - 8512] ( Part 3.5 added by Stats. 2021, Ch. 275, Sec. 1. ) ## 8510. The Legislature finds and declares all of the following: (a) The Yolo Bypass is a 59,000-acre flood control facility located in the Counties of Yolo and Solano that absorbs excess flood waters from the Sacramento River and conveys the waters 40 miles south into the Sacramento-San Joaquin Delta. (b) Authorized by Congress in 1917 and built by the United States Army Corps of Engineers in the 1920s, the Yolo Bypass provides critical flood protection to over 650,000 people, several small communities, important agricultural land, and over sixty billion dollars ($60,000,000,000) in public and private assets. (c) Agriculture, recreation, and wildlife thrive within the Yolo Bypass, exemplified by the state-owned Yolo Bypass Wildlife Area, which supports wildlife-friendly rice cultivation and livestock grazing, managed wetlands for migratory waterfowl, nature education opportunities for the region’s schools, nature viewing, and hunting. (d) Cache Slough is located primarily within the County of Solano, intersecting with the southern portion of the Yolo Bypass. Cache Slough supports remnant tidal habitat where restoration of natural conditions could benefit delta smelt and other native aquatic species. Cache Slough is also a regionally significant agricultural area where the location of multiple-benefit projects could affect the operations and maintenance practices of agricultural diverters and core flood control and levee maintenance responsibilities of reclamation districts within the Cache Slough Complex. (e) The North Bay Aqueduct portion of the State Water Project delivers source water directly from the Cache Slough Complex to over 500,000 residents in the Counties of Napa and Solano. Opportunities for multiple-benefit projects must consider impacts to municipal water supply and water quality. (f) Together, the Yolo Bypass and Cache Slough region presents unparalleled opportunities for multiple-benefit projects that improve flood protection, fisheries and wildlife habitat, water supply and water quality, agricultural sustainability, and recreational opportunities. As such, the Yolo Bypass and Cache Slough region is the focus of an increasing number of federal, state, and locally developed projects intended to improve these multiple public values. (g) The numerous interests in this complex and important region present an opportunity and an imperative for governmental agencies at the federal, state, and local levels to collaboratively align planning efforts and project implementation. (h) In May 2016, a total of 15 federal, state, and local agencies signed a memorandum of understanding outlining principles necessary to achieve a common vision for the Yolo Bypass and Cache Slough region. The resulting Yolo Bypass Cache Slough Partnership serves as a model for public agency cooperation and achievement. (Added by Stats. 2021, Ch. 275, Sec. 1. (SB 369) Effective January 1, 2022.)
  196. 8511.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 3.5. Yolo Bypass Cache Slough Partnership Multibenefit Program [8510 - 8512] ( Part 3.5 added by Stats. 2021, Ch. 275, Sec. 1. )

    Verify source ↗

    This section defines two terms used in this part: the Yolo Bypass Cache Slough Partnership and the Yolo Bypass Cache Slough Partnership Multibenefit Program.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 3.5. Yolo Bypass Cache Slough Partnership Multibenefit Program [8510 - 8512] ( Part 3.5 added by Stats. 2021, Ch. 275, Sec. 1. ) ## 8511. For purposes of this part, the following definitions apply: (a) “Yolo Bypass Cache Slough Partnership” means the multiagency partnership established pursuant to a memorandum of understanding signed in May 2016 by all of the following public agencies: (1) United States Bureau of Reclamation. (2) United States Fish and Wildlife Service. (3) National Marine Fisheries Service. (4) United States Army Corps of Engineers. (5) County of Yolo. (6) County of Solano. (7) Sacramento Area Flood Control Agency. (8) Solano County Water Agency. (9) Reclamation District No. 2068. (10) Natural Resources Agency. (11) Department of Water Resources. (12) Department of Fish and Wildlife. (13) Central Valley Flood Protection Board. (14) State Water Resources Control Board. (15) Central Valley Regional Water Quality Control Board. (b) “Yolo Bypass Cache Slough Partnership Multibenefit Program” means the program established pursuant to Section 8512. (Added by Stats. 2021, Ch. 275, Sec. 1. (SB 369) Effective January 1, 2022.)
  197. 8512.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 3.5. Yolo Bypass Cache Slough Partnership Multibenefit Program [8510 - 8512] ( Part 3.5 added by Stats. 2021, Ch. 275, Sec. 1. )

    Verify source ↗

    This section establishes the Yolo Bypass Cache Slough Partnership Multibenefit Program to support projects in the Yolo Bypass and Cache Slough region.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 3.5. Yolo Bypass Cache Slough Partnership Multibenefit Program [8510 - 8512] ( Part 3.5 added by Stats. 2021, Ch. 275, Sec. 1. ) ## 8512. The Yolo Bypass Cache Slough Partnership Multibenefit Program is hereby established to support the development and implementation of projects within the Yolo Bypass and Cache Slough region. The participating state agencies enumerated in subdivision (a) of Section 8511 shall work in collaboration with the participating federal and local agencies enumerated in subdivision (a) of Section 8511 and the City of West Sacramento, if it chooses to participate, to advance all of the following objectives: (a) Prioritize projects that accommodate multiple objectives in the Yolo Bypass and Cache Slough region. (b) Identify project implementation challenges and work collaboratively to resolve those challenges. (c) Develop programmatic and expedited approaches for regulatory compliance. (d) Identify funding mechanisms for project implementation and long-term operations and maintenance. (e) Develop strategies to foster regional agricultural sustainability, recreational opportunities, and long-term water supply reliability. (Added by Stats. 2021, Ch. 275, Sec. 1. (SB 369) Effective January 1, 2022.)
  198. 8520.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 4. THE CENTRAL VALLEY FLOOD PROTECTION BOARD [8520 - 9142] ( Heading of Part 4 amended by Stats. 2007, Ch. 366, Sec. 6. ) ## CHAPTER 1. Definitions and General Provisions [8520 - 8539] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. Definitions [8520 - 8523] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    This section says the definitions in this article control how this part of the code is read, unless the context requires otherwise.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 4. THE CENTRAL VALLEY FLOOD PROTECTION BOARD [8520 - 9142] ( Heading of Part 4 amended by Stats. 2007, Ch. 366, Sec. 6. ) ## CHAPTER 1. Definitions and General Provisions [8520 - 8539] ( Chapter 1 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. Definitions [8520 - 8523] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8520. Unless the context otherwise requires the definitions hereinafter set forth shall govern the construction of this part of this division of this code. (Added by Stats. 1943, Ch. 369.)
  199. 85200.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 3. DELTA GOVERNANCE [85200 - 85280] ( Part 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. Delta Stewardship Council [85200 - 85204] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    This section creates the Delta Stewardship Council and sets its membership, appointment process, vacancy rules, chairperson selection, meeting schedule, and operative date.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 3. DELTA GOVERNANCE [85200 - 85280] ( Part 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. Delta Stewardship Council [85200 - 85204] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85200. (a) The Delta Stewardship Council is hereby established as an independent agency of the state. (b) The council shall consist of seven voting members, of which four members shall be appointed by the Governor and confirmed by the Senate, one member shall be appointed by the Senate Committee on Rules, one member shall be appointed by the Speaker of the Assembly, and one member shall be the Chairperson of the Delta Protection Commission. Initial appointments to the council shall be made by July 1, 2010. (c) (1) (A) The initial terms of two of the four members appointed by the Governor shall be four years. (B) The initial terms of two of the four members appointed by the Governor shall be six years. (C) The initial terms of the members appointed by the Senate Committee on Rules and the Speaker of the Assembly shall be four years. (D) Upon the expiration of each term described in subparagraph (A), (B), or (C), the term of each succeeding member shall be four years. (2) The Chairperson of the Delta Protection Commission shall serve as a member of the council for the period during which he or she holds the position as commission chairperson. (d) Any vacancy shall be filled by the appointing authority within 60 days. If the term of a council member expires, and no successor is appointed within the allotted timeframe, the existing member may serve up to 180 days beyond the expiration of his or her term. (e) The council members shall select a chairperson from among the members, who shall serve for not more than four years in that capacity. (f) The council shall meet once a month in a public forum. At least two meetings each year shall take place at a location within the Delta. (g) This section becomes operative on January 1, 2019. (Repealed (in Sec. 97) and added by Stats. 2017, Ch. 26, Sec. 98. (SB 92) Effective June 27, 2017. Section operative January 1, 2019, by its own provisions.)
  200. 85201.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 3. DELTA GOVERNANCE [85200 - 85280] ( Part 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. Delta Stewardship Council [85200 - 85204] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    This section sets staffing and compensation rules for the Delta Stewardship Council, including service time for members, reimbursement, hiring authority, and employee status.

    ## Water Code - WAT ## DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000 - 85360] ( Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## PART 3. DELTA GOVERNANCE [85200 - 85280] ( Part 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. Delta Stewardship Council [85200 - 85204] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85201. (a) The chairperson shall serve full time. Other members shall serve one-third time. The council may select a vice chairperson and other officers determined to be necessary. (b) Each member of the council shall receive the salary provided for in Section 11564 of the Government Code. (c) The members of the council shall be reimbursed for expenses necessarily incurred in the performance of official duties. (d) The council shall appoint an executive officer who shall serve full time at the pleasure of the council. (e) The executive officer shall hire employees necessary to carry out council functions. (f) The number of employees and qualifications of those employees shall be determined by the council, subject to the availability of funds. (g) The salary of each employee of the council shall be determined by the State Personnel Board, and shall reflect the duties and responsibilities of the position. (h) All persons employed by the council are state employees, subject to the duties, responsibilities, limitations, and benefits of the state. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.