Water Code — Part 48 | WAT — United States — California law | Esheria

Water Code

Part 48 of 51 · provisions 9,401–9,600

This section says the act is called the Water Code.

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

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Provisions of Water Code

Showing 200 of 10,024

  1. 85202.

    ## 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. )

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    Council members must have diverse expertise and reflect a statewide perspective.

    ## 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. ) ## 85202. Council members shall possess diverse expertise and reflect a statewide perspective. It is the intent of the Legislature that the council appointees have knowledge about the Delta. (Amended by Stats. 2025, Ch. 324, Sec. 1. (SB 650) Effective January 1, 2026.)
  2. 85203.

    ## 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. )

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    The council’s headquarters must be located in Sacramento.

    ## 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. ) ## 85203. The headquarters of the council shall be located in Sacramento. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  3. 85204.

    ## 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. )

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    The council must establish and oversee a committee of agencies for implementing the Delta Plan, and each agency must coordinate its actions with the council and other relevant agencies.

    ## 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. ) ## 85204. The council shall establish and oversee a committee of agencies responsible for implementing the Delta Plan. Each agency shall coordinate its actions pursuant to the Delta Plan with the council and the other relevant agencies. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  4. 8521.

    ## 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. )

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    “Board” means the Central Valley Flood Protection Board, and references to the Reclamation Board mean the same entity.

    ## 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. ) ## 8521. “Board” means the Central Valley Flood Protection Board. Any reference to the Reclamation Board in this or any other code means the Central Valley Flood Protection Board. (Amended by Stats. 2007, Ch. 366, Sec. 7. Effective January 1, 2008.)
  5. 85210.

    ## 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 2. Mission, Duties, and Responsibilities of the Council [85210 - 85214] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

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    The council has broad powers to manage its work, including suing or being sued, contracting, hiring, receiving and spending funds, requesting reports, adopting regulations or guidelines, commenting on impact reports, and holding hearings.

    ## 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 2. Mission, Duties, and Responsibilities of the Council [85210 - 85214] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85210. The council has all of the following powers: (a) To sue or be sued. (b) To enter into contracts. (c) To employ the services of public, nonprofit, and private entities. (d) To delegate administrative functions to council staff. (e) To employ its own legal staff or contract with other state or federal agencies for legal services, or both. The council may employ special legal counsel with the approval of the Attorney General. (f) To receive funds, including funds from private and local governmental sources, contributions from public and private sources, as well as state and federal appropriations. (g) To disburse funds through grants, public assistance, loans, and contracts. (h) To request reports from state, federal, and local governmental agencies on issues related to the implementation of the Delta Plan. (i) To adopt regulations or guidelines as needed to carry out the powers and duties identified in this division. (j) To comment on state agency environmental impact reports for projects outside the Delta that the council determines will have a significant impact on the Delta. (k) To hold hearings in all parts of the state necessary to carry out the powers vested in it, and for those purposes has the powers conferred upon the heads of state departments pursuant to Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code. Any hearing by the council may be conducted by any member of the council, or other designee, upon authorization of the council, and he or she shall have the powers granted to the council by this section, provided that any final action of the council shall be taken by a majority of the membership of the council at a meeting duly called and held. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  6. 85210.5.

    ## 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 3. DELTA GOVERNANCE [85200 - 85280] ( Part 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 2. Mission, Duties, and Responsibilities of the Council [85210 - 85214] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

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    The council needs a majority quorum, must act by majority vote unless this division says otherwise, and must record each member’s vote individually.

    ## 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 2. Mission, Duties, and Responsibilities of the Council [85210 - 85214] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85210.5. A majority of the voting members of the council shall constitute a quorum for the transaction of the business of the council. A majority vote of the voting membership shall be required to take action with respect to any matter unless otherwise specified in this division. The vote of each member shall be individually recorded. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  7. 85211.

    ## 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 2. Mission, Duties, and Responsibilities of the Council [85210 - 85214] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

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    The Delta Plan must include performance measurements so the council can track progress toward the plan’s 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 3. DELTA GOVERNANCE [85200 - 85280] ( Part 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 2. Mission, Duties, and Responsibilities of the Council [85210 - 85214] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85211. The Delta Plan shall include performance measurements that will enable the council to track progress in meeting the objectives of the Delta Plan. The performance measurements shall include, but need not be limited to, quantitative or otherwise measurable assessments of the status and trends in all of the following: (a) The health of the Delta’s estuary and wetland ecosystem for supporting viable populations of aquatic and terrestrial species, habitats, and processes, including viable populations of Delta fisheries and other aquatic organisms. (b) The reliability of California water supply imported from the Sacramento River or the San Joaquin River watershed. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  8. 85212.

    ## 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 2. Mission, Duties, and Responsibilities of the Council [85210 - 85214] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

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    The council must review local and regional planning documents for consistency with the Delta Plan and advise planning agencies. A metropolitan planning organization preparing certain regional transportation plans must consult the council, provide draft strategies and notice by set deadlines, and include a detailed response if the council objects.

    ## 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 2. Mission, Duties, and Responsibilities of the Council [85210 - 85214] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85212. The council shall review and provide timely advice to local and regional planning agencies regarding the consistency of local and regional planning documents, including sustainable communities strategies and alternative planning strategies prepared pursuant to Section 65080 of the Government Code, with the Delta Plan. The council’s input shall include, but not be limited to, reviewing the consistency of local and regional planning documents with the ecosystem restoration needs of the Delta and reviewing whether the lands set aside for natural resource protection are sufficient to meet the Delta’s ecosystem needs. A metropolitan planning organization preparing a regional transportation plan under Section 65080 of the Government Code that includes land within the primary or secondary zones of the Delta shall consult with the council early in the planning process regarding the issues and policy choices relating to the council’s advice. No later than 60 days prior to the adoption of a final regional transportation plan, the metropolitan planning organization shall provide the council with a draft sustainable communities strategy and an alternative planning strategy, if any. Concurrently, the metropolitan planning organization shall provide notice of its submission to the council in the same manner in which agencies file a certificate of consistency pursuant to Section 85225. If the council concludes that the draft sustainable communities strategy or alternative planning strategy is inconsistent with the Delta Plan, the council shall provide written notice of the claimed inconsistency to the metropolitan planning organization no later than 30 days prior to the adoption of the final regional transportation plan. If the council provides timely notice of a claimed inconsistency, the metropolitan planning organization’s adoption of the final regional transportation plan shall include a detailed response to the council’s notice. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  9. 85213.

    ## 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 2. Mission, Duties, and Responsibilities of the Council [85210 - 85214] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

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    The council may hire consultants and engineering services for listed Delta-related tasks, must pay the Delta Independent Science Board members $150 per hour, and must use procedures that satisfy specific bidding rules and exemptions.

    ## 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 2. Mission, Duties, and Responsibilities of the Council [85210 - 85214] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85213. (a) The council may contract for consultant services and architectural and engineering services to assist the council with all of the following functions: (1) Preparation of the Delta Plan and associated environmental review. (2) Performance of the council’s responsibilities, or the responsibilities of the Delta Independent Science Board, with respect to the Bay Delta Conservation Plan. (3) Determination of the consistency of state and local public agency actions with the Delta Plan. (4) Performance of scientific review to inform water and environmental decisionmaking in the Delta. (b) The council shall contract for the services of the members of the Delta Independent Science Board established pursuant to Section 85280, at an hourly rate of one hundred fifty dollars ($150). The council shall increase the hourly rate annually based on inflation and cost of living adjustments. (c) (1) Contracts entered into pursuant to this section for consultant services shall be exempt from Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and any rules or regulations adopted pursuant to those laws. Contracts entered into pursuant to subdivision (a) for architectural and engineering services shall be entered into pursuant to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, but are exempt from the requirement in Section 4526 of the Government Code to adopt regulations prior to contracting. (2) The council shall not enter into a contract pursuant to subdivision (a) for consultant services unless at least three bids or proposals to do the work have been evaluated by a competitive process. (3) The council shall establish procedures for contracting for services pursuant to this section, consistent with paragraphs (1) and (2). The procedures shall be exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2021, Ch. 650, Sec. 1. (SB 821) Effective October 7, 2021.)
  10. 85214.

    ## 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 2. Mission, Duties, and Responsibilities of the Council [85210 - 85214] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

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    The Legislature states that council contracts for Delta Plan work should avoid actual or apparent conflicts of interest and should include terms that protect the contractor’s independence from related Bay Delta Conservation Plan work.

    ## 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 2. Mission, Duties, and Responsibilities of the Council [85210 - 85214] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85214. (a) It is the intent of the Legislature to avoid any actual or apparent conflict of interest with respect to contracts entered into by the council for work relating to the Delta Plan and the Bay Delta Conservation Plan. (b) Therefore, it is the intent of the Legislature that any contract entered into by the council for purposes of developing the Delta Plan should include provisions ensuring the independence of the contractor’s work on the Delta Plan with respect to any work that the contractor may do, or may have completed, related to the Bay Delta Conservation Plan. (Added by Stats. 2010, Ch. 718, Sec. 25. (SB 855) Effective October 19, 2010.)
  11. 8522.

    ## 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. )

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    This section defines “drainage district” as the Sacramento and San Joaquin Drainage District.

    ## 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. ) ## 8522. “Drainage district” means the Sacramento and San Joaquin Drainage District. (Added by Stats. 1943, Ch. 369.)
  12. 8522.3.

    ## 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. )

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    This section defines “Facilities of the State Plan of Flood Control” by cross-referencing the same term in the Public Resources Code.

    ## 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. ) ## 8522.3. “Facilities of the State Plan of Flood Control” has the same meaning as that set forth in subdivision (e) of Section 5096.805 of the Public Resources Code. (Amended (as added by Stats. 2007, Ch. 366) by Stats. 2009, Ch. 275, Sec. 4. (AB 1165) Effective January 1, 2010.)
  13. 8522.5.

    ## 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. )

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    This section defines “project levee” by pointing to the meaning given in subdivision (g) of Public Resources Code Section 5096.805.

    ## 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. ) ## 8522.5. “Project levee” has the same meaning as that set forth in subdivision (g) of Section 5096.805 of the Public Resources Code. (Amended (as added by Stats. 2007, Ch. 366) by Stats. 2009, Ch. 275, Sec. 6. (AB 1165) Effective January 1, 2010.)
  14. 85225.

    ## 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 3. Consistency of State and Local Public Agency Actions [85225 - 85225.30] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

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    Before starting a covered action, a state or local public agency must prepare a written certification of consistency with detailed findings and submit it to the council.

    ## 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 3. Consistency of State and Local Public Agency Actions [85225 - 85225.30] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85225. A state or local public agency that proposes to undertake a covered action, prior to initiating the implementation of that covered action, shall prepare a written certification of consistency with detailed findings as to whether the covered action is consistent with the Delta Plan and shall submit that certification to the council. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  15. 85225.10.

    ## 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 3. Consistency of State and Local Public Agency Actions [85225 - 85225.30] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

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    A person who claims a proposed covered action conflicts with the Delta Plan and would significantly harm specified Delta goals or flood-control programs may file an appeal with the council.

    ## 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 3. Consistency of State and Local Public Agency Actions [85225 - 85225.30] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85225.10. (a) Any person who claims that a proposed covered action is inconsistent with the Delta Plan and, as a result of that inconsistency, the action will have a significant adverse impact on the achievement of one or both of the coequal goals or implementation of government-sponsored flood control programs to reduce risks to people and property in the Delta, may file an appeal with regard to a certification of consistency submitted to the council. (b) The appeal shall clearly and specifically set forth the basis for the claim, including specific factual allegations, that the covered action is inconsistent with the Delta Plan. The council may request from the appellant additional information necessary to clarify, amplify, correct, or otherwise supplement the information submitted with the appeal, within a reasonable period. (c) The council, or by delegation the executive officer, may dismiss the appeal for failure of the appellant to provide information requested by the council within the period provided, if the information requested is in the possession or under the control of the appellant. (d) For purposes of this section, “person” includes a person as defined in Section 19, and any state or local public agency, as defined in Section 10535. (Amended by Stats. 2025, Ch. 324, Sec. 2. (SB 650) Effective January 1, 2026.)
  16. 85225.15.

    ## 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 3. Consistency of State and Local Public Agency Actions [85225 - 85225.30] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    An appeal must be filed within 30 days after the certification of consistency is submitted. If no one appeals, the state or local public agency may implement the covered action.

    ## 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 3. Consistency of State and Local Public Agency Actions [85225 - 85225.30] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85225.15. The appeal shall be filed no later than 30 days after the submission of the certification of consistency. If no person appeals the certification of consistency, the state or local public agency may proceed to implement the covered action. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  17. 85225.20.

    ## 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 3. Consistency of State and Local Public Agency Actions [85225 - 85225.30] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The council must hear an appeal within 60 days of filing and must decide it within 60 days after the hearing, unless a jurisdiction or appealability determination is made.

    ## 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 3. Consistency of State and Local Public Agency Actions [85225 - 85225.30] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85225.20. The appeal shall be heard by the council within 60 days of the date of the filing of the appeal, unless the council, or by delegation the executive officer, determines that the issue raised on appeal is not within the council’s jurisdiction or does not raise an appealable issue. The council shall make its decision on the appeal within 60 days of hearing the appeal. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  18. 85225.25.

    ## 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 3. Consistency of State and Local Public Agency Actions [85225 - 85225.30] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    After a hearing on an appeal, the council must issue written findings either denying the appeal or sending the matter back for reconsideration. If the matter is remanded and the agency still wants to proceed, it must file a revised certification with the council before moving ahead.

    ## 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 3. Consistency of State and Local Public Agency Actions [85225 - 85225.30] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85225.25. After a hearing on an appealed action, the council shall make specific written findings either denying the appeal or remanding the matter to the state or local public agency for reconsideration of the covered action based on the finding that the certification of consistency is not supported by substantial evidence in the record before the state or local public agency that filed the certification. Upon remand, the state or local agency may determine whether to proceed with the covered action. If the agency decides to proceed with the action or with the action as modified to respond to the findings of the council, the agency shall, prior to proceeding with the action, file a revised certification of consistency that addresses each of the findings made by the council and file that revised certification with the council. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  19. 85225.30.

    ## 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 3. Consistency of State and Local Public Agency Actions [85225 - 85225.30] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The council must adopt administrative procedures for appeals, and those procedures are exempt from Chapter 3.5 of the Government Code.

    ## 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 3. Consistency of State and Local Public Agency Actions [85225 - 85225.30] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85225.30. The council shall adopt administrative procedures governing appeals, which shall be exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  20. 85225.5.

    ## 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 3. DELTA GOVERNANCE [85200 - 85280] ( Part 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 3. Consistency of State and Local Public Agency Actions [85225 - 85225.30] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The council must develop procedures for early consultation on proposed covered actions.

    ## 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 3. Consistency of State and Local Public Agency Actions [85225 - 85225.30] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85225.5. To assist state and local public agencies in preparing the required certification, the council shall develop procedures for early consultation with the council on the proposed covered action. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  21. 8523.

    ## 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 defines “State Plan of Flood Control” by reference to another code provision.

    ## 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. ) ## 8523. “State Plan of Flood Control” has the same meaning as that set forth in subdivision (j) of Section 5096.805 of the Public Resources Code. (Amended (as added by Stats. 2007, Ch. 366) by Stats. 2009, Ch. 275, Sec. 8. (AB 1165) Effective January 1, 2010.)
  22. 85230.

    ## 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 4. Delta Watermaster [85230- 85230.] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The board must appoint a Delta Watermaster and give that office delegated authority to monitor and enforce board orders and permit terms 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 3. DELTA GOVERNANCE [85200 - 85280] ( Part 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Delta Watermaster [85230- 85230.] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85230. (a) The board, in consultation with the council, shall appoint, for a term of four years, a special master for the Delta, whose title shall be “the Delta Watermaster.” (b) The board shall adopt internal procedures delegating authority to the Delta Watermaster. The Delta Watermaster shall exercise the board’s authority to provide timely monitoring and enforcement of board orders and license and permit terms and conditions. The Delta Watermaster’s delegated authority shall include authority to require monitoring and reporting, authority for approvals delegated to an officer or employee of the board by the terms of a water right permit or license, authority to approve temporary urgency changes pursuant to Chapter 6.6 (commencing with Section 1435) of Part 2 of Division 2, and authority to issue a notice of a proposed cease and desist order or administrative civil liability complaint. The Delta Watermaster’s authority shall be limited to diversions in the Delta, and for the monitoring and enforcement of the board’s orders and license and permit terms and conditions that apply to conditions in the Delta. (c) The internal procedures adopted by the board shall provide for due process in adjudicative proceedings, and may establish procedures for the issuance of a stay of any order or decision of the Delta Watermaster for which a petition for reconsideration is filed or reconsideration is ordered under Section 1122. The board may provide any additional duties or needs of the Delta Watermaster that the board deems necessary for effective day-to-day enforcement of its decisions. (d) The Delta Watermaster shall submit regular reports to the board and the council including, but not limited to, reports on water rights administration, water quality issues, and conveyance operations. (Amended by Stats. 2011, Ch. 296, Sec. 317. (AB 1023) Effective January 1, 2012.)
  23. 8525.

    ## 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 2. General Provisions [8525 - 8539] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    This section approves a specified report as a plan for controlling flood water in the Sacramento and San Joaquin Rivers and their tributaries, and for related navigation, reclamation, and land protection purposes.

    ## 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 2. General Provisions [8525 - 8539] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8525. The report of the California Debris Commission transmitted to the Speaker of the House of Representatives of the United States by the Secretary of War on June 27, 1911, as modified by the report of the California Debris Commission, dated January 5, 1925, and as heretofore amended or modified by the board, is approved as a plan for controlling the flood water of the Sacramento and San Joaquin Rivers and their tributaries, for the improvement and preservation of navigation and the reclamation and protection of lands that are susceptible to overflow from the rivers and their tributaries. (Added by Stats. 1943, Ch. 369.)
  24. 8526.

    ## 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 2. General Provisions [8525 - 8539] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board must execute the plan approved by this chapter together with the California Debris Commission, and it may modify the plan as needed to carry it out.

    ## 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 2. General Provisions [8525 - 8539] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8526. The board in conjunction with the California Debris Commission shall execute the plan approved by this chapter, and the board may make such modifications and amendments to the plan as are necessary to execute the plan for the purpose stated. (Added by Stats. 1943, Ch. 369.)
  25. 8527.

    ## 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 2. General Provisions [8525 - 8539] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The State may make appropriations for the Section 8525 plan, but the total of those appropriations and prior State aid for the plan must not exceed $17,700,000, and the United States must cooperate and provide a substantially similar amount.

    ## 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 2. General Provisions [8525 - 8539] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8527. For the purpose of cooperating in the carrying out and completion of the plan approved in Section 8525, and on condition that the United States will likewise cooperate in the carrying out of the plan and, to that end, will appropriate and make available to the extent that it has not already done so, substantially the same amount as the State as recommended in the plan, appropriations will be made by the State from time to time by law, which, together with amounts heretofore appropriated by the State in aid of the plan, will not exceed in the aggregate seventeen million seven hundred thousand dollars ($17,700,000). (Added by Stats. 1943, Ch. 369.)
  26. 8528.

    ## 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 2. General Provisions [8525 - 8539] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The section states an intent to have the United States, the State, and local interests contribute substantially equally to the plan’s total cost.

    ## 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 2. General Provisions [8525 - 8539] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8528. The intent of the next preceding section is to provide for substantially equal contributions by the United States, the State and local interests to the total cost of carrying out the plan, it being recognized that certain local interests have become obligated in excess of one-third of the total cost of the plan. (Added by Stats. 1943, Ch. 369.)
  27. 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 3. DELTA GOVERNANCE [85200 - 85280] ( Part 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 5. Delta Independent Science Board and Delta Science Program [85280- 85280.] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    This section establishes the Delta Independent Science Board and requires the council to appoint a lead scientist for the Delta Science Program.

    ## 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 5. Delta Independent Science Board and Delta Science Program [85280- 85280.] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85280. (a) The Delta Independent Science Board is hereby established in state government. (1) The Delta Independent Science Board shall consist of no more than 10 members appointed by the council. The term of office for members of the Delta Independent Science Board shall be five years. A member may serve no more than two terms. (2) Members of the Delta Independent Science Board shall be nationally or internationally prominent scientists with appropriate expertise to evaluate the broad range of scientific programs that support adaptive management of the Delta. The members shall not be directly affiliated with a program or agency subject to the review activities of the Delta Independent Science Board. (3) The Delta Independent Science Board shall provide oversight of the scientific research, monitoring, and assessment programs that support adaptive management of the Delta through periodic reviews of each of those programs that shall be scheduled to ensure that all Delta scientific research, monitoring, and assessment programs are reviewed at least once every four years. (4) Notwithstanding being appointed and administered by the council, members of the Delta Independent Science Board shall not be employees of the Delta Stewardship Council and shall exercise their scientific judgment and perform the functions set forth in this section independently from the council. (5) The Delta Independent Science Board shall submit to the council a report on the results of each review, including recommendations for any changes in the programs reviewed by the board. (b) After consultation with the Delta Independent Science Board, the council shall appoint a lead scientist for the Delta Science Program. (1) The lead scientist shall meet all of the following qualifications: (A) Hold an advanced degree in a field related to water or ecosystem management. (B) Have a strong record of scientific research and publication in peer-reviewed scientific journals in a field related to water or ecosystem management. (C) Have experience advising high-level managers in science-based decisionmaking in the areas of water management and ecosystem restoration. (D) Have the capability to guide the application of an adaptive management process to resource management policy decisions in the Delta. (2) The term of office for the lead scientist shall be no more than three years. The lead scientist may serve no more than two terms. (3) The lead scientist shall oversee the implementation of the Delta Science Program. In carrying out that responsibility, the lead scientist shall regularly consult with the agencies participating in the program. (4) The mission of the Delta Science Program shall be to provide the best possible unbiased scientific information to inform water and environmental decisionmaking in the Delta. That mission shall be carried out through funding research, synthesizing and communicating scientific information to policymakers and decisionmakers, promoting independent scientific peer review, and coordinating with Delta agencies to promote science-based adaptive management. The Delta Science Program shall assist with development and periodic updates of the Delta Plan’s adaptive management program. (c) The Delta Science Program shall function as a replacement for, and successor to, the CALFED Science Program and the Delta Independent Science Board shall replace the CALFED Independent Science Board. (Amended by Stats. 2021, Ch. 650, Sec. 2. (SB 821) Effective October 7, 2021.)
  28. 8529.

    ## 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 2. General Provisions [8525 - 8539] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Money appropriated under Section 8527 must be spent according to the California Debris Commission’s and the board’s plans, specifications, and recommendations, in general conformity with the approved plan.

    ## 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 2. General Provisions [8525 - 8539] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8529. All money appropriated under authority of Section 8527 shall be expended in accordance with the plans, specifications and recommendations of the California Debris Commission and the board for purposes in general conformity with the plan approved in Section 8525, including expenditures and appropriations to make such equitable adjustments as the Legislature may determine with such local interests as have obligated themselves in excess of their shares of one-third of the total cost of the plan, and including necessary expenditures for operation and maintenance during construction. (Added by Stats. 1943, Ch. 369.)
  29. 8530.

    ## 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 2. General Provisions [8525 - 8539] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board has control and jurisdiction over certain plans, but not over portions relating to Sacramento River channel work or weirs.

    ## 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 2. General Provisions [8525 - 8539] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8530. The board shall have control and jurisdiction over the plans of the California Debris Commission and such other plans as may be adopted by the board, excepting such portions of the plans as relate to channel excavating, enlargement, rectification and control in the Sacramento River and the construction of weirs. All work and control in the Sacramento River and the construction of weirs shall remain concurrently with the United States and the State. (Added by Stats. 1943, Ch. 369.)
  30. 85300.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. The Delta Plan [85300 - 85310] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The council must develop, adopt, begin implementing, review, and report on the Delta Plan, and state agencies with Delta responsibilities must cooperate when asked.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. The Delta Plan [85300 - 85310] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85300. (a) On or before January 1, 2012, the council shall develop, adopt, and commence implementation of the Delta Plan pursuant to this part that furthers the coequal goals. The Delta Plan shall include subgoals and strategies to assist in guiding state and local agency actions related to the Delta. In developing the Delta Plan, the council shall consider each of the strategies and actions set forth in the Strategic Plan and may include any of those strategies or actions in the Delta Plan. The Delta Plan may also identify specific actions that state or local agencies may take to implement the subgoals and strategies. (b) In developing the Delta Plan, the council shall consult with federal, state, and local agencies with responsibilities in the Delta. All state agencies with responsibilities in the Delta shall cooperate with the council in developing the Delta Plan, upon request of the council. (c) The council shall review the Delta Plan at least once every five years and may revise it as the council deems appropriate. The council may request any state agency with responsibilities in the Delta to make recommendations with respect to revision of the Delta Plan. (d) (1) The council shall develop the Delta Plan consistent with all of the following: (A) The federal Coastal Zone Management Act of 1972 (16 U.S.C. Sec. 1451 et seq.), or an equivalent compliance mechanism. (B) Section 8 of the federal Reclamation Act of 1902. (C) The federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.). (2) If the council adopts a Delta Plan pursuant to the federal Coastal Zone Management Act of 1972 (16 U.S.C. Sec. 1451 et seq.), the council shall submit the Delta Plan for approval to the United States Secretary of Commerce pursuant to that act, or to any other federal official assigned responsibility for the Delta pursuant to a federal statute enacted after January 1, 2010. (e) The council shall report to the Legislature no later than March 31, 2012, as to its adoption of the Delta Plan. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  31. 85301.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. The Delta Plan [85300 - 85310] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The commission must prepare a Delta proposal, and the council may adopt parts of it if they are feasible and consistent with the 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. The Delta Plan [85300 - 85310] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85301. (a) The commission shall develop, for consideration and incorporation into the Delta Plan by the council, a proposal to protect, enhance, and sustain the unique cultural, historical, recreational, agricultural, and economic values of the Delta as an evolving place, in a manner consistent with the coequal goals. For the purpose of carrying out this subdivision, the commission may include in the proposal the relevant strategies described in the Strategic Plan. (b) (1) The commission shall include in the proposal a plan to establish state and federal designation of the Delta as a place of special significance, which may include application for a federal designation of the Delta as a National Heritage Area. (2) The commission shall include in the proposal a regional economic plan to support increased investment in agriculture, recreation, tourism, and other resilient land uses in the Delta. The regional economic plan shall include detailed recommendations for the administration of the Delta Investment Fund created by Section 29778.5 of the Public Resources Code. (c) For the purposes of assisting the commission in its preparation of the proposal, both of the following actions shall be undertaken: (1) The Department of Parks and Recreation shall prepare a proposal, for submission to the commission, to expand within the Delta the network of state recreation areas, combining existing and newly designated areas. The proposal may incorporate appropriate aspects of any existing plans, including the Central Valley Vision Implementation Plan adopted by the Department of Parks and Recreation. (2) The Department of Food and Agriculture shall prepare a proposal, for submission to the commission, to establish market incentives and infrastructure to protect and enhance the economic and public values of Delta agriculture. (d) The commission shall submit the proposal developed pursuant to subdivision (a) to the council. The council shall consider the proposal and may include any portion of the proposal in the Delta Plan if the council, in its discretion, determines that the portion of the proposal is feasible and consistent with the objectives of the Delta Plan and the purposes of this division. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  32. 85302.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. The Delta Plan [85300 - 85310] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The Delta Plan must support Delta ecosystem restoration and a reliable water supply, include specified ecosystem and water-supply measures, and the council must consider implementation actions and use the best available science.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. The Delta Plan [85300 - 85310] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85302. (a) The implementation of the Delta Plan shall further the restoration of the Delta ecosystem and a reliable water supply. (b) The geographic scope of the ecosystem restoration projects and programs identified in the Delta Plan shall be the Delta, except that the Delta Plan may include recommended ecosystem projects outside the Delta that will contribute to achievement of the coequal goals. (c) The Delta Plan shall include measures that promote all of the following characteristics of a healthy Delta ecosystem: (1) Viable populations of native resident and migratory species. (2) Functional corridors for migratory species. (3) Diverse and biologically appropriate habitats and ecosystem processes. (4) Reduced threats and stresses on the Delta ecosystem. (5) Conditions conducive to meeting or exceeding the goals in existing species recovery plans and state and federal goals with respect to doubling salmon populations. (d) The Delta Plan shall include measures to promote a more reliable water supply that address all of the following: (1) Meeting the needs for reasonable and beneficial uses of water. (2) Sustaining the economic vitality of the state. (3) Improving water quality to protect human health and the environment. (e) The following subgoals and strategies for restoring a healthy ecosystem shall be included in the Delta Plan: (1) Restore large areas of interconnected habitats within the Delta and its watershed by 2100. (2) Establish migratory corridors for fish, birds, and other animals along selected Delta river channels. (3) Promote self-sustaining, diverse populations of native and valued species by reducing the risk of take and harm from invasive species. (4) Restore Delta flows and channels to support a healthy estuary and other ecosystems. (5) Improve water quality to meet drinking water, agriculture, and ecosystem long-term goals. (6) Restore habitat necessary to avoid a net loss of migratory bird habitat and, where feasible, increase migratory bird habitat to promote viable populations of migratory birds. (f) The council shall consider, for incorporation into the Delta Plan, actions designed to implement the subgoals and strategies described in subdivision (e). (g) In carrying out this section, the council shall make use of the best available science. (h) The Delta Plan shall include recommendations regarding state agency management of lands in the Delta. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  33. 85303.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. The Delta Plan [85300 - 85310] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The Delta Plan must promote statewide water conservation, water use efficiency, and sustainable use of water.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. The Delta Plan [85300 - 85310] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85303. The Delta Plan shall promote statewide water conservation, water use efficiency, and sustainable use of water. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  34. 85304.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. The Delta Plan [85300 - 85310] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The Delta Plan must promote options for new and improved Delta water conveyance and storage infrastructure, and how those systems operate, to achieve the coequal goals.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. The Delta Plan [85300 - 85310] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85304. The Delta Plan shall promote options for new and improved infrastructure relating to the water conveyance in the Delta, storage systems, and for the operation of both to achieve the coequal goals. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  35. 85305.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. The Delta Plan [85300 - 85310] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The Delta Plan must try to reduce risks in the Delta, and the council may add certain emergency preparedness and response strategies to it.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. The Delta Plan [85300 - 85310] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85305. (a) The Delta Plan shall attempt to reduce risks to people, property, and state interests in the Delta by promoting effective emergency preparedness, appropriate land uses, and strategic levee investments. (b) The council may incorporate into the Delta Plan the emergency preparedness and response strategies for the Delta developed by the California Emergency Management Agency pursuant to Section 12994.5. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  36. 85306.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. The Delta Plan [85300 - 85310] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The council must recommend Delta Plan priorities for state investment in levee operation, maintenance, and improvements, after consulting the Central Valley Flood Protection 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. The Delta Plan [85300 - 85310] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85306. The council, in consultation with the Central Valley Flood Protection Board, shall recommend in the Delta Plan priorities for state investments in levee operation, maintenance, and improvements in the Delta, including both levees that are a part of the State Plan of Flood Control and nonproject levees. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  37. 85307.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. The Delta Plan [85300 - 85310] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The Delta Plan and the council may include or address certain flood protection, climate, highway, and energy-related actions, subject to stated consultation and flood-risk conditions.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. The Delta Plan [85300 - 85310] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85307. (a) The Delta Plan may identify actions to be taken outside of the Delta, if those actions are determined to significantly reduce flood risks in the Delta. (b) The Delta Plan may include local plans of flood protection. (c) The council, in consultation with the Department of Transportation, may address in the Delta Plan the effects of climate change and sea level rise on the three state highways that cross the Delta. (d) The council, in consultation with the State Energy Resources Conservation and Development Commission and the Public Utilities Commission, may incorporate into the Delta Plan additional actions to address the needs of Delta energy development, energy storage, and energy distribution. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  38. 85308.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. The Delta Plan [85300 - 85310] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The Delta Plan must be based on scientific information, set measurable targets, use monitoring where appropriate, explain how progress will be measured, recommend integrating scientific results where appropriate, and include an adaptive management strategy.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. The Delta Plan [85300 - 85310] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85308. The Delta Plan shall meet all of the following requirements: (a) Be based on the best available scientific information and the independent science advice provided by the Delta Independent Science Board. (b) Include quantified or otherwise measurable targets associated with achieving the objectives of the Delta Plan. (c) Where appropriate, utilize monitoring, data collection, and analysis of actions sufficient to determine progress toward meeting the quantified targets. (d) Describe the methods by which the council shall measure progress toward achieving the coequal goals. (e) Where appropriate, recommend integration of scientific and monitoring results into ongoing Delta water management. (f) Include a science-based, transparent, and formal adaptive management strategy for ongoing ecosystem restoration and water management decisions. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  39. 85309.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. The Delta Plan [85300 - 85310] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The department must prepare a proposal on coordinating flood and water supply operations and submit it to the council for consideration.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. The Delta Plan [85300 - 85310] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85309. The department, in consultation with the United States Army Corps of Engineers and the Central Valley Flood Protection Board, shall prepare a proposal to coordinate flood and water supply operations of the State Water Project and the federal Central Valley Project, and submit the proposal to the council for consideration for incorporation into the Delta Plan. In drafting the proposal, the department shall consider all related actions set forth in the Strategic Plan. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  40. 8531.

    ## 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 2. General Provisions [8525 - 8539] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The section says California statutes as of April 1, 1923 must be observed in specified flood control and reclamation matters.

    ## 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 2. General Provisions [8525 - 8539] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8531. The Statutes of California as existing on April 1, 1923, shall be observed and followed: (a) In all plans, hearings, notices and proceedings relating to the maintenance, repair and operation of reclamation and flood control works existing on April 1, 1923. (b) In the completion, maintenance and operation of any project adopted by the board prior to April 1, 1923. (c) In the adoption and carrying to completion of any project of work contained or involved in the report of the California Debris Commission dated January 5, 1925. (Added by Stats. 1943, Ch. 369.)
  41. 85310.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. The Delta Plan [85300 - 85310] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The Delta Plan’s provisions are severable, so if one part is held invalid, the rest can still operate if they can be given effect without the invalid part.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 1. The Delta Plan [85300 - 85310] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85310. The provisions of the Delta Plan are severable. If any provision of the Delta Plan is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2025, Ch. 324, Sec. 3. (SB 650) Effective January 1, 2026.)
  42. 8532.

    ## 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 2. General Provisions [8525 - 8539] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The State declares a primary interest in protecting lands from overflow, keeping river and channel waters within their basins and boundaries, and preserving residents’ and landholders’ welfare in the district.

    ## 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 2. General Provisions [8525 - 8539] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8532. The State has a primary interest in adequately protecting lands overflowed, or subject to overflow, in confining the waters of rivers, tributaries, by-passes and overflow channels and basins within their respective basins and boundaries within the district, and in preserving the welfare of the residents and holders of land therein. (Added by Stats. 1943, Ch. 369.)
  43. 85320.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 2. Bay Delta Conservation Plan [85320 - 85322] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    This section says the Bay Delta Conservation Plan must be reviewed for possible inclusion in the Delta Plan, but it cannot be incorporated or receive state-funding benefits unless it satisfies listed review and approval conditions.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 2. Bay Delta Conservation Plan [85320 - 85322] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85320. (a) The Bay Delta Conservation Plan (BDCP) shall be considered for inclusion in the Delta Plan in accordance with this chapter. (b) The BDCP shall not be incorporated into the Delta Plan and the public benefits associated with the BDCP shall not be eligible for state funding, unless the BDCP does all of the following: (1) Complies with Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code. (2) Complies with Division 13 (commencing with Section 21000) of the Public Resources Code, including a comprehensive review and analysis of all of the following: (A) A reasonable range of flow criteria, rates of diversion, and other operational criteria required to satisfy the criteria for approval of a natural community conservation plan as provided in subdivision (a) of Section 2820 of the Fish and Game Code, and other operational requirements and flows necessary for recovering the Delta ecosystem and restoring fisheries under a reasonable range of hydrologic conditions, which will identify the remaining water available for export and other beneficial uses. (B) A reasonable range of Delta conveyance alternatives, including through-Delta, dual conveyance, and isolated conveyance alternatives and including further capacity and design options of a lined canal, an unlined canal, and pipelines. (C) The potential effects of climate change, possible sea level rise up to 55 inches, and possible changes in total precipitation and runoff patterns on the conveyance alternatives and habitat restoration activities considered in the environmental impact report. (D) The potential effects on migratory fish and aquatic resources. (E) The potential effects on Sacramento River and San Joaquin River flood management. (F) The resilience and recovery of Delta conveyance alternatives in the event of catastrophic loss caused by earthquake or flood or other natural disaster. (G) The potential effects of each Delta conveyance alternative on Delta water quality. (c) The department shall consult with the council and the Delta Independent Science Board during the development of the BDCP. The council shall be a responsible agency in the development of the environmental impact report. The Delta Independent Science Board shall review the draft environmental impact report and submit its comments to the council and the Department of Fish and Game. (d) If the Department of Fish and Game approves the BDCP as a natural community conservation plan pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code, the council shall have at least one public hearing concerning the incorporation of the BDCP into the Delta Plan. (e) If the Department of Fish and Game approves the BDCP as a natural community conservation plan pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code and determines that the BDCP meets the requirements of this section, and the BDCP has been approved as a habitat conservation plan pursuant to the federal Endangered Species Act (16 U.S.C. Section 1531 et seq.), the council shall incorporate the BDCP into the Delta Plan. The Department of Fish and Game’s determination that the BDCP has met the requirements of this section may be appealed to the council. (f) The department, in coordination with the Department of Fish and Game, or any successor agencies charged with BDCP implementation, shall report to the council on the implementation of the BDCP at least once a year, including the status of monitoring programs and adaptive management. (g) The council may make recommendations to BDCP implementing agencies regarding the implementation of the BDCP. BDCP implementing agencies shall consult with the council on these recommendations. These recommendations shall not change the terms and conditions of the permits issued by state and federal regulatory agencies. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  44. 85321.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 2. Bay Delta Conservation Plan [85320 - 85322] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The BDCP must include a transparent, real-time decisionmaking process, and fishery agencies must ensure applicable biological performance measures are achieved promptly for water system operations.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 2. Bay Delta Conservation Plan [85320 - 85322] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85321. The BDCP shall include a transparent, real-time operational decisionmaking process in which fishery agencies ensure that applicable biological performance measures are achieved in a timely manner with respect to water system operations. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  45. 85322.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 2. Bay Delta Conservation Plan [85320 - 85322] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    This chapter does not add to or change legal obligations or causes of action under the specified Fish and Game Code and Public Resources Code chapters.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 2. Bay Delta Conservation Plan [85320 - 85322] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85322. This chapter does not amend, or create any additional legal obligation or cause of action under, Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code or Division 13 (commencing with Section 21000) of the Public Resources Code. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  46. 8533.

    ## 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 2. General Provisions [8525 - 8539] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The State declares a primary and supreme interest in building, maintaining, and protecting levees and related flood-control works on specified California rivers and waterways.

    ## 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 2. General Provisions [8525 - 8539] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8533. The State has a primary and supreme interest in having erected, maintained and protected on the banks of the Sacramento and San Joaquin Rivers, their tributaries, by-passes, overflow channels and basins, good and sufficient levees and embankments or other works of reclamation, adequately protecting the lands overflowed or subject to overflow, and confining the waters of the rivers, tributaries, by-passes, overflow channels, and basins within their respective channels and boundaries. (Added by stats. 1943, Ch. 369.)
  47. 8534.

    ## 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 2. General Provisions [8525 - 8539] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board must always enforce, for the State, the erection, maintenance, and protection of levees, embankments, and channel rectification that it judges best serve the State’s interests.

    ## 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 2. General Provisions [8525 - 8539] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8534. The board at all times shall enforce on behalf of the State the erection, maintenance and protection of such levees, embankments and channel rectification as will, in its judgment, best serve the interests of the State. (Added by Stats. 1943, Ch. 369.)
  48. 8535.

    ## 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 2. General Provisions [8525 - 8539] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may set and charge fees, after at least one public hearing, to cover the reasonable cost of the services it provides.

    ## 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 2. General Provisions [8525 - 8539] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8535. Consistent with Section 3 of Article XIII A of the California Constitution, the board, after holding at least one public hearing, may set and charge fees sufficient to cover the reasonable cost for the services it provides in carrying out its duties set forth in Sections 8502 and 8534, including, but not limited to, the issuance of and modifications to encroachment permits, inspections and enforcement of encroachments, and management and control of Sacramento and San Joaquin Drainage District property. (Added by Stats. 2017, Ch. 26, Sec. 95. (SB 92) Effective June 27, 2017.)
  49. 85350.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 3. Other Plans for the Delta [85350- 85350.] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. )

    Verify source ↗

    The council may add other completed Delta-related plans into the Delta Plan if they promote the coequal goals.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 3. Other Plans for the Delta [85350- 85350.] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## 85350. The council may incorporate other completed plans related to the Delta into the Delta Plan to the extent that the other plans promote the coequal goals. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
  50. 8536.

    ## 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 2. General Provisions [8525 - 8539] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board has no power, jurisdiction, authority, or control over the construction, operation, or maintenance of the Central Valley Project or any part of it.

    ## 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 2. General Provisions [8525 - 8539] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8536. The board has no power, jurisdiction, authority or control over the construction, operation or maintenance of the Central Valley Project or any part of it. (Added by Stats. 1943, Ch. 369.)
  51. 85360.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Legal Action [85360- 85360.] ( Chapter 4 added by Stats. 2025, Ch. 324, Sec. 4. )

    Verify source ↗

    Legal challenges to certain council decisions must be filed within 90 days.

    ## 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 4. COMPREHENSIVE DELTA PLANNING [85300 - 85360] ( Part 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. ) ## CHAPTER 4. Legal Action [85360- 85360.] ( Chapter 4 added by Stats. 2025, Ch. 324, Sec. 4. ) ## 85360. (a) A legal challenge to the council’s adoption or amendment of the Delta Plan or its appeals procedures adopted pursuant to Section 85225.30 shall be brought pursuant to Section 1085 of the Code of Civil Procedure within 90 days of the date of the council’s final decision. (b) A legal challenge to the council’s determination of an appeal decided pursuant to Chapter 3 (commencing with Section 85225) of Part 3 shall be brought pursuant to Section 1094.5 of the Code of Civil Procedure within 90 days of the date the council adopts its written findings pursuant to Section 85225.25. (Added by Stats. 2025, Ch. 324, Sec. 4. (SB 650) Effective January 1, 2026.)
  52. 8538.

    ## 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 2. General Provisions [8525 - 8539] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Counties and public officers may not charge or collect fees for services required under this part.

    ## 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 2. General Provisions [8525 - 8539] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8538. No county or public officer shall charge or receive any fee for any of the services required to be performed by him under the provisions of this part, but any reasonable and necessary expense actually incurred by any officer in carrying out any of the provisions of this part relating in any manner to the collection or enforcement of any assessment, shall be paid out of the funds of the drainage district applicable thereto. (Added by Stats. 1943, Ch. 369.)
  53. 8539.

    ## 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 2. General Provisions [8525 - 8539] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may cooperate with other public agencies on channel clearing and desnagging work in the Sacramento and San Joaquin Rivers and their tributaries, and may provide money, services, equipment, or other property for that purpose.

    ## 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 2. General Provisions [8525 - 8539] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8539. The Legislature hereby finds and declares that there is an urgent need for channel clearing and desnagging in many California waterways, and that these snags pose a severe danger and cause unnecessary erosion of banks. The board, other state agencies, cities, counties, and districts are hereby authorized to cooperate with one another and with agencies of the United States in the performance of channel clearing and desnagging work within the Sacramento and San Joaquin Rivers and their tributaries, and may furnish money, services, equipment, and other property to that end. The board, as appropriate, shall consult with the Department of Water Resources, the State Lands Commission, and the Department of Fish and Game in carrying out its responsibilities pursuant to this section. (Added by Stats. 1982, Ch. 795, Sec. 1. Effective September 8, 1982.)
  54. 8550.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board remains in existence, keeps its powers and duties, and must act independently of the department.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8550. (a) The board is continued in existence and shall continue to exercise and have all of its powers, duties, purposes, responsibilities, and jurisdiction. (b) Notwithstanding any other provision of law, the board shall act independently of the department. The department shall not overturn any action or decision by the board. (c) It is the intent of the Legislature to transfer the duties and corresponding funding allocated to the Reclamation Board as it exists on December 31, 2007, together with all necessary positions, to the board as it is reconstituted on and after January 1, 2008. (Amended by Stats. 2007, Ch. 366, Sec. 11. Effective January 1, 2008.)
  55. 8551.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    This section sets the Central Valley Flood Protection Board’s membership and appointment rules.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8551. (a) Except as provided in subdivision (g), the board consists of nine members who shall be appointed in accordance with this section. (b) (1) Seven members of the board shall be appointed by the Governor, subject to Senate confirmation. (2) Of the members appointed pursuant to paragraph (1), the following requirements apply: (A) One person shall be an engineer. (B) One person shall have training, experience, and expertise in geology or hydrology. (C) One person shall be a flood control expert with not less than five years’ experience. (D) One person shall be an attorney with water experience. (E) Three persons shall be public members. (c) One member of the board shall be the Chair of the Senate Committee on Natural Resources and Water, to the extent that service with the board does not conflict with his or her legislative duties. (d) One member of the board shall be the Chair of the Assembly Committee on Water, Parks and Wildlife, to the extent that service with the board does not conflict with his or her legislative duties. (e) The members appointed pursuant to subdivisions (c) and (d) shall be nonvoting ex officio members. (f) (1) Except as provided in paragraph (2), the board members appointed pursuant to subdivision (b) shall serve four-year terms. (2) The board members initially appointed pursuant to this section shall determine, by lot, that five members shall serve four-year terms and four members shall serve two-year terms. (g) Each board member holding office on December 31, 2007, shall continue to serve until his or her successor is appointed and has been qualified to hold office. The order of replacement shall be determined by lot. (Amended by Stats. 2007, Ch. 366, Sec. 12. Effective January 1, 2008.)
  56. 8552.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Board members appointed under Section 8551(b) are entitled to expenses, per diem when traveling outside the state with required authorization and approvals, and the salary set by Government Code Section 11564.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8552. Each member of the board appointed pursuant to subdivision (b) of Section 8551 shall receive compensation as follows: (a) Each member shall receive the necessary expenses incurred by the member in the performance of official duties. (b) Any member traveling outside the state pursuant to authorization of the board, and the approval of the Governor and Director of Finance as provided by Section 11032 of the Government Code, while so engaged shall receive per diem and his or her necessary expenses. (c) Each member shall receive the salary provided for in Section 11564 of the Government Code. (Amended by Stats. 2007, Ch. 366, Sec. 13. Effective January 1, 2008.)
  57. 8554.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The Governor must choose one board member to serve as president.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8554. The Governor shall select one of the members of the board as president. (Amended by Stats. 2007, Ch. 366, Sec. 14. Effective January 1, 2008.)
  58. 8555.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may choose one of its members, other than the president, to serve as vice president.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8555. The board may elect one of its members other than the president as vice president. (Added by Stats. 1943, Ch. 369.)
  59. 8556.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The vice president may take on the president’s powers and duties when the president is absent or unable to act, when the president requests it, or when the board authorizes it.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8556. The vice president shall have the powers and perform the duties of the president under the following circumstances: (a) During the president’s absence or inability to act. (b) At the request of the president. (c) When authorized by the board. (Added by Stats. 1943, Ch. 369.)
  60. 8557.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board must keep its office in Sacramento County.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8557. The board shall have its office in the County of Sacramento. The office is the principal place of business and legal residence of the board and of the drainage district. (Amended by Stats. 2004, Ch. 497, Sec. 4. Effective September 14, 2004.)
  61. 8558.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board must hold its regular meetings at times it fixes.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8558. The regular meetings of the board shall be held at times fixed by the board. (Added by Stats. 1943, Ch. 369.)
  62. 8559.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    A majority of the board’s voting members is enough to make a quorum.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8559. A majority of the voting members of the board constitutes a quorum. (Amended by Stats. 2009, Ch. 275, Sec. 9. (AB 1165) Effective January 1, 2010.)
  63. 8560.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Board actions are effective only if a quorum is present and a majority of all voting members concur.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8560. No action of the board shall be effective unless a quorum is present and the action is concurred in by a majority of all of the voting members of the board. (Amended by Stats. 2009, Ch. 275, Sec. 10. (AB 1165) Effective January 1, 2010.)
  64. 8561.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board’s president or a majority of its members may call a special meeting, if notice is sent by mail or telegraph and received at least 12 hours before the meeting time.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8561. Special meetings of the board may be called at any time by the president or by a majority of the members upon notice given by mail or telegraph to each member at his place of residence or business, and there received at least 12 hours before the hour fixed for the meeting. (Added by Stats. 1943, Ch. 369.)
  65. 8563.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board must keep full and correct minutes of all its meetings, proceedings, and transactions.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8563. The board shall keep full and correct minutes of all proceedings and transactions of all meetings of the board. (Added by Stats. 1943, Ch. 369.)
  66. 8564.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The minutes must be open for public inspection during office hours.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8564. The minutes shall be open for public inspection during office hours. (Added by Stats. 1943, Ch. 369.)
  67. 8565.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board must have a seal, and it may choose the seal’s device.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8565. The board shall have a seal of such device as the board may adopt. (Added by Stats. 1943, Ch. 369.)
  68. 8566.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board’s seal is also the drainage district’s seal.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8566. The seal of the board is also the seal of the drainage district. (Added by Stats. 1943, Ch. 369.)
  69. 8567.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    A certified, sealed copy of a board record is prima facie evidence of that record’s existence and contents.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8567. A copy of any record of the board, certified by its secretary or assistant secretary to be a true copy, and attested by the seal of the board, is prima facie evidence of the existence and contents of the record. (Added by Stats. 1943, Ch. 369.)
  70. 8568.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may charge and collect the actual reasonable cost of making copies of its records, plus $1 for a certificate if a certified copy is requested.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8568. For making a copy of any of its records the board may charge and collect the actual reasonable cost of making the copy, including the time of its employees and materials used, and one dollar ($1) for the certificate if a certified copy is requested. (Added by Stats. 1943, Ch. 369.)
  71. 8569.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may require an advance deposit to cover charges for copying and certifying copies of its records.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8569. The board may require a deposit in advance sufficient to cover the charges for copying and certifying copies of its records. (Added by Stats. 1943, Ch. 369.)
  72. 8570.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Money collected for copying and certifying the board’s records must be paid monthly to the State Treasurer and credited to the unused balance of certain board administrative funds.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8570. All money collected for copying and certifying copies of the board’s records shall be paid monthly to the State Treasurer and credited to the balance remaining unexpended of any appropriation or assessment available for the general administrative expenses of the board. (Added by Stats. 1943, Ch. 369.)
  73. 8571.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may adopt, amend, or repeal rules for the orderly and fair conduct of its own business and the drainage district’s business.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8571. The board may adopt, amend or repeal rules to promote the convenient, orderly and just conduct of the business of the board and of the drainage district. (Added by Stats. 1943, Ch. 369.)
  74. 8572.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may suspend the rules or waive compliance with them at any meeting if it considers that proper.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8572. The rules may be suspended or compliance therewith may be waived by the board at any meeting to such extent as may be deemed proper. (Added by Stats. 1943, Ch. 369.)
  75. 8575.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Board members must comply with conflict-of-interest rules when voting on flood-control plans or carrying out this part.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8575. A member of the board shall comply with the conflict of interest requirements of Section 87100 of the Government Code when voting to carry out any part of a plan of flood control and when carrying out the objects of this part. (Amended by Stats. 2007, Ch. 366, Sec. 15. Effective January 1, 2008.)
  76. 8576.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Board members are not personally liable for obligations or liabilities arising from alleged failures to carry out duties imposed on the board by this division.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8576. No member of the board shall be held personally liable on any obligation or liability of any kind or character arising out of the claim that he has failed to carry out any obligation imposed upon the board by this division and the Legislature expressly declares that discretion is vested in the board and the members thereof to determine how and when the various provisions of this division and the projects contemplated in this division with which the board is concerned may best be carried into effect. (Added by Stats. 1943, Ch. 369.)
  77. 8577.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Board members and former board members are restricted from taking part in conflicted board matters, representing others before the board, and lobbying federal agencies on certain board projects unless authorized.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8577. (a) A board member shall not participate in any board action or attempt to influence any decision or recommendation by any employee of, or consultant to, the board that involves himself or herself or that involves any entity with which the member is connected as a director, officer, consultant, or full- or part-time employee, or in which the member has a direct personal financial interest within the meaning of Section 87100 of the Government Code. (b) A board member shall not participate in any proceeding before any agency as a consultant or in any other capacity on behalf of any person that actively participates in matters before the board. (c) For a period of 12 months after leaving office, a former board member shall not act as agent or attorney for, or otherwise represent, any other person before the board by making any formal or informal appearance or by making any oral or written communication to the board. (d) A board member shall not advocate to the United States Army Corps of Engineers or other federal agency on behalf of any project that has been or is reasonably anticipated to be submitted to the board for review, unless the board authorizes that action in accordance with Section 8560. (Added by Stats. 2007, Ch. 366, Sec. 16. Effective January 1, 2008.)
  78. 8578.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    This section defines “ex parte communication” for board proceedings and restricts certain board members from taking part in them.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8578. (a) For the purposes of this section, “ex parte communication” means any oral or written communication outside of a noticed board meeting concerning matters, other than purely procedural matters, regarding any of the following: (1) An application that has been submitted to the board and has been determined to be complete by the executive officer. (2) An enforcement action. (3) Any other quasi-judicial matter requiring board action, after the matter has been placed on the board’s agenda and notice of the meeting has been provided pursuant to Section 11125 of the Government Code. (b) (1) A board member appointed pursuant to subdivision (b) of Section 8551 shall not participate in an ex parte communication with any person or organization with an interest in board decisions, nor any person representing a person or organization with an interest in board decisions, excluding a staff member of the board acting in his or her official capacity, who intends to influence the decision of a board member on a matter before the board. (2) If an ex parte communication occurs, the board member shall notify the interested party that a full disclosure of the ex parte communication shall be entered in the board’s record. (3) Communications cease to be ex parte communications when the board member or the person who engaged in the communication with the board member fully discloses the communication and requests in writing that it be placed in the board’s official record of the proceeding. (c) Notwithstanding Section 11425.10 of the Government Code, the ex parte communications provisions of the Administrative Procedure Act (Article 7 (commencing with Section 11430.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) do not apply to proceedings of the board to which this section applies. (Amended (as added by Stats. 2007, Ch. 366) by Stats. 2009, Ch. 275, Sec. 14. (AB 1165) Effective January 1, 2010.)
  79. 8579.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    An aggrieved person may seek judicial review of a board permit or enforcement order by filing a writ of mandate petition, but must do so within 30 days after the decision or action becomes final.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. The Board [8550 - 8579] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8579. (a) Any aggrieved person shall have a right to seek judicial review of any permit or enforcement order issued by the board by filing a petition for a writ of mandate in accordance with Section 1094.5 of the Code of Civil Procedure, within 30 days after the decision or action has become final. (b) For purposes of this section, an “aggrieved person” means any person or public agency that, in person or through a representative, appeared at a public hearing of the board in connection with the decision or action appealed, or that, by other appropriate means before the decision, informed the board of the nature of their concerns. (Added by Stats. 2013, Ch. 639, Sec. 1. (SB 753) Effective January 1, 2014.)
  80. 8580.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Employees [8580- 8580.] ( Article 2 repealed and added by Stats. 2007, Ch. 366, Sec. 19. )

    Verify source ↗

    The board may appoint an executive officer and a chief engineer, and may employ legal counsel and other necessary staff.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Employees [8580- 8580.] ( Article 2 repealed and added by Stats. 2007, Ch. 366, Sec. 19. ) ## 8580. (a) The board may appoint an executive officer. (b) The board may appoint a chief engineer. (c) The board may employ legal counsel and other necessary staff. (Repealed and added by Stats. 2007, Ch. 366, Sec. 19. Effective January 1, 2008.)
  81. 8585.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Administration of Oaths [8585- 8585.] ( Article 3 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Certain board officers may administer oaths and take and certify affidavits for matters pending before the board or matters the board or drainage district is interested in.

    ## 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 2. Administrative Provisions [8550 - 8585] ( Chapter 2 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Administration of Oaths [8585- 8585.] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8585. The president, any member of the board, the secretary, assistant secretary, general manager and chief engineer may administer oaths and take and certify affidavits relating to any matter pending before the board, or in which the board or the drainage district is interested. (Added by Stats. 1943, Ch. 369.)
  82. 8590.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may carry out flood-control work by acquiring property, building and maintaining works, making compensation contracts, and coordinating with state and federal agencies.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8590. To carry out the primary state interest described in Section 8532, the board may do any of the following: (a) Acquire either within or outside the boundaries of the drainage district, by purchase, condemnation or by other lawful means in the name of the drainage district, all lands, rights-of-way, easements, property or material necessary or requisite for the purpose of bypasses, weirs, cuts, canals, sumps, levees, overflow channels and basins, reservoirs and other flood control works, and other necessary purposes, including drainage purposes. (b) Construct, clear, and maintain bypasses, levees, canals, sumps, overflow channels and basins, reservoirs and other flood control works. (c) Construct, maintain, and operate ditches, canals, pumping plants, and other drainage works. (d) Make contracts in the name of the drainage district to indemnify or compensate any owner of land or other property for any injury or damage caused by the exercise of the powers conferred by this division, or arising out of the use, taking, or damage of any property for any of the purposes of this division. (e) Collaborate with state and federal agencies, if appropriate, regarding multiobjective flood management strategies that incorporate agricultural conservation, ecosystem protection and restoration, or recreational components. (Amended by Stats. 2007, Ch. 366, Sec. 20. Effective January 1, 2008.)
  83. 8590.2.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may consider fish, wildlife, and recreation uses when deciding whether to buy land in fee or easement if another state agency requests it, but it cannot acquire more land than Section 8590 requires.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8590.2. In acquiring interests in land necessary for the purposes specified in Section 8590 and notwithstanding the provisions of Section 8676, the board in determining whether to acquire in fee or easement may consider such additional uses as fish and wildlife enhancement and recreation if so requested by another state agency. Any such parcel acquired in fee shall be subject to the continuing jurisdiction of the board to insure that the primary purposes of flood control are served and to prevent any damage or interference with the flood control works for any public nuisances arising out of such additional uses and any increased costs of maintenance attributable to such additional uses shall be borne by the agency requesting such uses. Nothing in this section shall be construed as authorizing the board to acquire any land over and above that necessary for the purposes specified in Section 8590. (Added by Stats. 1963, Ch. 1900.)
  84. 8591.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board generally may not incur debt, spend money, adopt or carry out plans, acquire land or easements, or do assessed work, except for the listed flood-control and reclamation activities.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8591. The board has no power, authority, or jurisdiction, either directly or indirectly, except as provided in this division, to incur any indebtedness or expend any money or adopt or carry into effect any plan or project or to acquire any lands, rights of way, or easements, or to do any work, or cause any work to be performed, for which any land lying within the drainage district is to be assessed, except to maintain, repair, and operate its existing works of reclamation and flood control and to complete, maintain and operate any project adopted by the board prior to April 1, 1923, with the existing powers to levy assessments therefor. (Added by Stats. 1943, Ch. 369.)
  85. 8592.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board has the same power, authority, and jurisdiction for certain debris commission report projects as it has for projects adopted before April 1, 1923.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8592. The board has the same power, authority and jurisdiction in reference to the adoption and carrying to completion of any work or project involved in or contained in the report of the California Debris Commission dated January 5, 1925, to the Congress of the United States as are conferred in the case of projects adopted by the board prior to April 1, 1923. (Added by Stats. 1943, Ch. 369.)
  86. 8593.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may acquire property by eminent domain for purposes covered by this part.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8593. The board may acquire by eminent domain in the name of the drainage district any property necessary for any of the purposes set forth in this part. (Amended by Stats. 1975, Ch. 1239.)
  87. 8596.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may bring actions in the name of the people of the State to stop or recover damages for acts that harm flood-control works or interfere with the flood-control plan.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8596. The board may maintain actions in the name of the people of the State to restrain, or to recover damages for, the doing of any act or thing that may be injurious to any of the works necessary to the plan of flood control or that may interfere with the successful execution of the plan. (Added by Stats. 1943, Ch. 369.)
  88. 8597.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Damages recovered under this provision must be deposited with the State Treasurer for the drainage district and the affected portion or project assessment.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8597. Any damages so recovered shall be deposited with the State Treasurer to the credit of the drainage district and the assessment for the particular portion or project affected by the injury. (Added by Stats. 1943, Ch. 369.)
  89. 8598.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may establish levee construction standards and take related actions to carry out this article, including stopping harmful water diversions and disposing of certain unused property.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8598. The board may also do any of the following: (a) Establish a standard of levee construction. (b) Do any and all things necessary or incident to the powers granted or to carry out the objects specified in this article. (c) Maintain actions in the name of the people of the State to restrain the diversion of the water of any stream that will increase the flow of water in the Sacramento or San Joaquin Rivers or their tributaries, and such diversion of the water of any stream into the rivers or either of them or any of their tributaries, is a public nuisance which may be prevented or abated by the board. (d) Rent, lease for oil, gas or other hydrocarbons in the manner provided for in this chapter, or dispose, by sale, exchange, in payment for work done or services rendered, or for any other purpose which the board may deem advisable, of any land, property, material, equipment, or any other thing in the possession of the drainage district, which, in the opinion of the board, is no longer needed for the purposes of flood control works or other necessary or convenient purposes. (Added by Stats. 1943, Ch. 369.)
  90. 8598.5.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may sell or lease certain surplus real property held by the Sacramento and San Joaquin Drainage District, subject to stated location and title conditions, and without reserving mineral or petroleum extraction rights.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8598.5. Notwithstanding Section 6402 of the Public Resources Code, the board may sell or lease surplus real property which is held in fee by the Sacramento and San Joaquin Drainage District and which lies within a predominantly residential, industrial, or commercial area, without reserving the right to extract minerals or petroleum products through the surface of such property. (Added by Stats. 1963, Ch. 502.)
  91. 8599.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may do construction work authorized by this part without department control or jurisdiction.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8599. The board may undertake any construction work that it is authorized to do by this part, free from any control or jurisdiction of the department. (Added by Stats. 1943, Ch. 369.)
  92. 8600.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may carry out its construction work by contract, day labor, or force account, subject to the State Contract Act.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8600. Subject to the provisions of the State Contract Act any construction work undertaken by the board may be done wholly or partly by contract let by the board in such manner as the board may determine, or may be done wholly or partly by day labor or force account if deemed advisable by the board. (Added by Stats. 1943, Ch. 369.)
  93. 8600.5.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    A qualifying public entity’s governing body may adopt more protective flood-control standards, but the board must approve them and the entity must apply them prospectively.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8600.5. (a) The governing body of a public entity that is authorized by law to construct, manage, maintain, or repair levees, channels, or other flood control works that are under the jurisdiction of the board may adopt standards for the operation and maintenance of those flood control works that are more protective of public safety than the standards adopted by the board pursuant to Section 8608, including, but not limited to, standards that are more restrictive of encroachments on levees and adjacent areas. (b) The standards adopted pursuant to subdivision (a) shall be effective upon approval by the board. (c) The public entity shall apply the standards adopted pursuant to subdivision (a) prospectively. (d) The governing body of the public entity may revise the standards adopted pursuant to subdivision (a) subject to the approval of the board. The board may unilaterally revise these standards upon 90 days’ written notice to the public entity. (Added by Stats. 2004, Ch. 498, Sec. 1. Effective January 1, 2005.)
  94. 8601.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may buy, lease, sell, exchange, or otherwise deal in dredgers, machines, tools, apparatus, and other property needed or convenient for construction work.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8601. The board may construct, purchase, rent, sell or exchange dredgers, machines, appliances, tools, apparatus and other property necessary or convenient for doing any construction work. (Added by Stats. 1943, Ch. 369.)
  95. 8602.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board must apportion and pay equipment and property costs from assessment funds in a just and equitable way based on how the equipment or property is used.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8602. The cost of the equipment and property shall be apportioned to and paid from the funds raised from the several assessments levied or to be levied by the board in a just and equitable manner according to the use made of the equipment or property in carrying out the several separate portions or projects for which the assessments are levied. (Added by Stats. 1943, Ch. 369.)
  96. 8603.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may rent idle dredgers or other equipment to others.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8603. The board may rent for use by others idle dredgers or other equipment. (Added by Stats. 1943, Ch. 369.)
  97. 8604.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Rental received must be paid to the State Treasurer and credited to the unexpended balance of the related assessments.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8604. The rental received shall be paid to the State Treasurer and credited to the balance remaining unexpended of the assessments against which the cost of such equipment has been paid or is to be charged as indicated by the board. (Added by Stats. 1943, Ch. 369.)
  98. 8605.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may inspect and supervise work done or under construction under this part.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8605. The board may inspect and supervise any work done or under construction pursuant to the provisions of this part. (Added by Stats. 1943, Ch. 369.)
  99. 8606.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may include a stipulation requiring inspection and supervision in covered orders, contracts, or other instruments.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8606. The board may insert a stipulation providing for such inspection and supervision in any order, contract or other instrument, relating to the work authorized in this part. (Added by Stats. 1943, Ch. 369.)
  100. 8608.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board must set and enforce standards for levees, channels, and other flood control works, and may sue to stop or remove violations.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8608. The board shall establish and enforce standards for the maintenance and operation of levees, channels, and other flood control works of an authorized project or an adopted plan, including but not limited to standards for encroachment, construction, vegetation and erosion control measures. In adopting such standards, the board shall give full consideration to fish and wildlife, recreation and environmental factors. Any violation of such adopted standards without the permission of the board is a public nuisance, and the board may commence and maintain suit in the name of the people of the state for the prevention or abatement of the nuisance. (Added by Stats. 1970, Ch. 804.)
  101. 8609.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may designate floodways in the Sacramento and San Joaquin Rivers drainage to help control encroachments and preserve floodway flow patterns.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8609. (a) The board may designate floodways throughout the Sacramento and San Joaquin Rivers drainage to control encroachments in, and to preserve the flow regimens of, floodways for the purpose of protecting public improvements, lives, land use values, and improvements created in reliance upon historical flooding patterns. (b) As used in this part, “Sacramento and San Joaquin Rivers drainage,” or equivalent language, means all lands currently and historically drained by the Sacramento River and the San Joaquin River and their tributaries and distributaries. (c) This section is declaratory of existing law. (Amended by Stats. 1987, Ch. 56, Sec. 177.)
  102. 8610.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board must offer certain acquired replacement-habitat lands to lease, and the lease must ensure the lands are managed for mitigation and preserve the board’s flood-control authority.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8610. The board shall offer to lease to the Department of Fish and Game, or to an appropriate public resource protection or public conservation agency or organization approved by the Department of Fish and Game and the board, any lands it acquires as replacement habitat as mitigation for adverse environmental impacts of its projects. The lease agreement shall ensure that these lands are managed to provide the mitigation for which they were acquired and shall include, but not be limited to, provisions for funding management of those lands. Funds for management of those lands may include, but are not limited to, funds appropriated by the Legislature to the Department of Water Resources, the Reclamation Board, or the Department of Fish and Game, and funds available from local entities. The lease agreement shall reserve the authority of the board to carry out necessary flood control activities and mitigate adverse environmental impacts. (Amended by Stats. 2001, Ch. 745, Sec. 230.1. Effective October 12, 2001.)
  103. 8610.5.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board must adopt regulations for evidentiary hearings and hold hearings for certain permit matters, while allowing public comment before actions under Section 8560.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8610.5. (a) (1) The board shall adopt regulations relating to evidentiary hearings pursuant to Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code. (2) The board shall hold an evidentiary hearing for any matter that requires the issuance of a permit if the proposed work may significantly affect any element of the State Plan of Flood Control or if a formal protest against that permit has been lodged. (3) The board may, by regulation, define types of encroachments that will not significantly affect any element of the State Plan of Flood Control. Evidentiary hearings are not required for uncontested applications for those defined encroachments unless, in the judgment of the executive officer, there is a reasonable possibility that the project will have a significant effect on an adopted plan of flood control. (4) The board may delegate approval of permits for encroachments that will not significantly affect any element of the State Plan of Flood Control to the executive officer. (5) The board is not required to hold an evidentiary hearing before making a decision relating to general flood protection policy or planning. (b) The board may take an action pursuant to Section 8560 only after allowing for public comment. (c) The board shall, in any evidentiary hearing, consider all of the following, as applicable, for the purpose of taking any action pursuant to Section 8560: (1) Evidence that the board admits into its record from any party, state or local public agency, or nongovernmental organization with expertise in flood or flood plain management. (2) The best available science that relates to the scientific issues presented by the executive officer, legal counsel, the department, or other parties that raise credible scientific issues. (3) Effects of the proposed decision on the entire State Plan of Flood Control. (4) Effects of reasonably projected future events, including, but not limited to, changes in hydrology, climate, and development within the applicable watershed. (Amended by Stats. 2009, Ch. 275, Sec. 15. (AB 1165) Effective January 1, 2010.)
  104. 8611.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Before certain flood control projects start, the board must prepare and adopt a mitigation plan, unless it is responding to an emergency where no mitigation is required.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8611. (a) Except as provided in subdivision (b), prior to construction at a site of a flood control, channel clearance, or bank stabilization project, the board, in consultation with the Department of Fish and Game, shall prepare and adopt a mitigation plan which shall be implemented as part of the project. A mitigation plan shall include, but not be limited to, all of the following: (1) A description of the actions that the board proposes to take to ensure that the project will meet all mitigation standards required by law with the objective of ensuring that the project causes no net loss of riparian, fishery, or wildlife habitat. (2) A designation of the agency or agencies responsible for implementing and maintaining each mitigation element of the plan. (3) A schedule for implementation of the mitigation ensuring that the mitigation measures will be accomplished prior to, or concurrent with, construction of the project, unless the board determines that to do so would be impracticable. (4) A financing plan for the mitigation identifying the source or sources of funds for the mitigation, the share of mitigation costs attributable to each source, and a schedule of when the funds are to be provided. The plan may take into consideration the environmental benefits of restoring, maintaining, or increasing the sustainable diversity of native species and habitat which may result from the project, if these benefits have been approved by the Department of Fish and Game. The Department of Fish and Game may submit a review of the plan and its recommendations to the board for inclusion in the plan. (b) No mitigation plan is required when the board is responding to an emergency where no mitigation is required. (c) For any project authorized pursuant to Section 12668, the agreement set forth in subdivision (a) shall provide for the mitigation of the project with the objective of providing a net long-term enhancement of the riparian habitat and fishery in the project area. The degree of net enhancement required for each phase or part of the project shall not be so great as to cause the project to be infeasible. (Added by Stats. 1988, Ch. 1488, Sec. 2.)
  105. 8612.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The department must prepare and then annually update a flood-risk mapping schedule, and the board must adopt it.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8612. (a) On or before December 31, 2008, the department shall prepare, and the board shall adopt, a schedule for mapping areas at risk of flooding in the Sacramento River and San Joaquin River drainage. (b) The department shall update the schedule annually and shall present the updated schedule to the board for adoption on or before December 31 of each year. The update shall include the status of mapping in progress and an estimated time of completion. The schedule shall be based on the present and expected future risk of flooding and associated consequences. (Added by Stats. 2007, Ch. 368, Sec. 5. Effective January 1, 2008.)
  106. 8613.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board or the department may set up mitigation banking programs and systems for flood control work, with consultation from relevant agencies in some cases.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 1. General Powers [8590 - 8613] ( Article 1 added by Stats. 1943, Ch. 369. ) ## 8613. (a) The board or the department may establish a program of mitigation banking for the activities of the board or the department under this part and for the benefit of local districts in the discharge of their flood control responsibilities under this part and the State Water Resources Law of 1945 (Chapter 1 (commencing with Section 12570) and Chapter 2 (commencing with Section 12639) of Part 6 of Division 6). (b) For the purposes of carrying out subdivision (a), the board or the department, in consultation with all appropriate state, local, and federal agencies with jurisdiction over environmental protection that are authorized to regulate and impose requirements upon the flood control work performed under this part or the State Water Resources Law of 1945 (Chapter 1 (commencing with Section 12570) and Chapter 2 (commencing with Section 12639) of Part 6 of Division 6), may establish a system of mitigation banking by which mitigation credits may be acquired in advance for flood control work to be performed by the board, the department, or a local agency authorized to operate and maintain facilities of the State Plan of Flood Control. (Added by Stats. 2007, Ch. 368, Sec. 6. Effective January 1, 2008.)
  107. 8615.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Cooperation With the United States [8615 - 8623] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may work with the United States to adopt and carry out flood control plans or projects, and it may exercise jurisdiction and authority for those plans or projects inside or outside the drainage district.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Cooperation With the United States [8615 - 8623] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8615. The board may, in cooperation with the United States, adopt and carry out any plan or plans or project of flood control in the Sacramento or San Joaquin River Valleys or on or near the Sacramento River or the San Joaquin River or their tributaries and may exercise jurisdiction and authority in connection with such plans or projects inside or outside the drainage district. (Added by Stats. 1943, Ch. 369.)
  108. 8616.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Cooperation With the United States [8615 - 8623] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    This section says the article is meant to expand the board’s power, jurisdiction, and authority outside the drainage district, and not to reduce those powers in any way.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Cooperation With the United States [8615 - 8623] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8616. It is the intent of this article to enlarge and extend the power, jurisdiction and authority of the board outside the drainage district to the extent set forth but not in any degree to limit, restrict or abridge any of the powers, jurisdiction or authority of the board. (Added by Stats. 1943, Ch. 369.)
  109. 8617.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Cooperation With the United States [8615 - 8623] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may give assurances to the Secretary of Defense that the state will perform certain flood-control commitments.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Cooperation With the United States [8615 - 8623] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8617. The board may give assurances satisfactory to the Secretary of Defense of the United States that the state will do all of the following: (a) Provide, without cost to the United States, all lands, easements, and rights-of-way necessary for the construction of the project under the adopted flood control plan, except as otherwise provided in that certain act passed by the Congress of the United States, approved June 22, 1936, and entitled “An act authorizing the construction of certain public works on rivers and harbors for flood control and other purposes” (Public Law No. 738, Seventy-fourth Congress). (b) Hold and save the United States free from damage due to the construction works. (c) Maintain and operate all the works after completion in accordance with regulations prescribed by the Secretary of Defense. (d) Promise, agree, do, or perform any or all other things required or necessary under the provisions of the act of Congress approved June 22, 1936, or any acts amending or adding to that act, now or hereafter adopted. (Amended by Stats. 1981, Ch. 714, Sec. 450.)
  110. 8617.1.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Cooperation With the United States [8615 - 8623] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may use available funds and take action to cooperate with the United States on Sacramento River flood protection, and it must report to the Governor and Legislature before funds are appropriated for this purpose.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Cooperation With the United States [8615 - 8623] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8617.1. Notwithstanding any of the provisions of Chapters 1 and 3 (commencing with Sections 12570 and 12800, respectively) of Part 6 of Division 6, the board may take any action and expend any available funds for the purpose of co-operating with the United States in carrying out the project for flood protection on the Sacramento River, as provided for and required under the provision of the act of Congress. Public Law 86-645, 86th Congress, approved July 14, 1960. Any reallocation of funds by the department for purposes described in this section shall be subject to the provisions of Section 12828. Prior to any appropriation of funds for the purposes described in this section, the board shall investigate and report to the Governor and Legislature on methods of feasible recovery from the beneficiaries of the work to be accomplished of that portion of the total nonfederal contribution in excess of costs of lands, easements, and rights-of-way and the liabilities which may be incurred due to the construction, operation, and maintenance of the project. (Added by Stats. 1961, Ch. 2188.)
  111. 8617.5.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Cooperation With the United States [8615 - 8623] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may pay for relocating, reconstructing, or replacing certain improvements, structures, or utilities when board-authorized flood-control repair work makes that necessary, subject to stated exceptions.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Cooperation With the United States [8615 - 8623] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8617.5. (a) In connection with any work done on projects authorized by the board in the repair or reconstruction of levees or other flood control works completed before June 30, 1957, the board may provide for and pay the cost of the relocation, reconstruction, or replacement of improvements, structures, or utilities that have actually existed and been in use for over 20 years, which has been rendered necessary by the work, unless payment would be contrary to any written authorization or agreement under which the improvement, structure, or utility was constructed or maintained. (b) This section shall not apply to the relocation, reconstruction, or replacement of improvements, structures, or utilities if the work has been financed, in whole or in part, with funds under the Flood Relief Law of 1956 (former Article 6 (commencing with Section 54150) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code) or Public Law 81-875. (Amended by Stats. 2006, Ch. 538, Sec. 670. Effective January 1, 2007.)
  112. 8618.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Cooperation With the United States [8615 - 8623] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Certain public entities may enter agreements with the board, and in some cases may agree to take responsibility for damage or liability claims tied to requested flood-control plan changes.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Cooperation With the United States [8615 - 8623] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8618. All political subdivisions, agencies of the State, and municipal and quasi-municipal corporations may make agreements with the board obligating themselves to do or perform those things which are required of the State, political subdivisions thereof, or other local agencies by the act of Congress approved June 22, 1936, or any acts amending or adding to it, now or hereafter adopted. When an elimination, modification, or alteration of any authorized plan of flood control is made at the request of a political subdivision, agency of the State, or municipal or quasi-municipal corporation, the political subdivision, agency of the State, or municipal or quasi-municipal corporation may, in agreements made pursuant to this section, assume responsibility for all claims of damage or liability made against the State and its agencies or the United States and arising from the requested elimination, modification, or alteration of the authorized plan of flood control. (Amended by Stats. 1961, Ch. 642.)
  113. 8619.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Cooperation With the United States [8615 - 8623] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may acquire, condemn, pay for, or arrange conveyance of land, rights of way, or easements for certain flood-control works when they must be provided free of cost to the State or the United States.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Cooperation With the United States [8615 - 8623] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8619. In case any land, right of way, or easement is needed and is required to be provided free of cost to the State or the United States for any work of channel excavation, enlargement, rectification or control, or for the construction of any weir, which is a part of the plan and is to be done or constructed in whole or in part by the United States or by the State, the board may: (a) Acquire the land, right of way, or easement and cause it to be conveyed to the United States or to the State free of cost. (b) Cause the land, right of way, or easement to be condemned for the use and in the name of the United States or the State in the manner provided by the laws of this State or of the United States. (c) Pay the cost and expense of acquiring the land, right of way, or easement out of the funds of any assessment by the board applicable thereto. (d) If the land, right of way, or easement has been already acquired by the board in the name of the drainage district, the board may cause it to be conveyed by the district to the United States or to the State free of cost. (Added by Stats. 1943, Ch. 369.)
  114. 8620.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Cooperation With the United States [8615 - 8623] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may contribute available funds to the United States for certain river and harbor work if the work fits the stated federal conditions.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Cooperation With the United States [8615 - 8623] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8620. Whenever any work to be done by the board of the drainage district under any of the provisions of this part is such that it can be so done in connection with work of public improvement of rivers and harbors authorized by the United States as to bring it within the provisions of Section 4 of the United States River and Harbor Act, approved March 4, 1915, authorizing the receipt by the United States agencies of funds to be contributed for expenditures in connection with funds appropriated by the United States for such work, the funds under the control of the board and available for such work may be contributed by the board to the United States under the provisions of the act in order that the work may be done in the manner contemplated in the act. (Added by Stats. 1943, Ch. 369.)
  115. 8621.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Cooperation With the United States [8615 - 8623] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may use a substitute plan for a flood control project, with Department of Finance approval, if it will save the State.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Cooperation With the United States [8615 - 8623] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8621. Notwithstanding any of the provisions of Chapters 1 and 3 of Part 6 of Division 6, the board, with the approval of the Department of Finance, may, when a saving to the State will result, in lieu of acquiring all or any portion of the lands, easements, or rights of way, in connection with a flood control project, execute a substitute plan which includes provision for the State to construct works or contribute to the United States a portion of the construction cost of the flood control project when such works to be constructed by the board or the changes in the design of the project are made which, while resulting in new or added state expenditures for construction, will reduce the costs of the lands, easements or rights of way which otherwise might be required. Any funds heretofore or hereafter appropriated or allocated to the board for the acquisition of lands, easements, or rights of way may be used for the purposes specified in this section. In carrying out the provisions of this section, the board may negotiate with the United States and adopt on behalf of the State, any necessary revision of a project authorized by Chapter 2 of Part 6 of Division 6, but no money shall be expended pursuant to this section to meet the requirements of the United States for local cooperation in connection with such authorized project unless the United States agrees to accept the substitute plan as meeting the requirements for local cooperation. (Amended by Stats. 1955, Ch. 1048.)
  116. 8622.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Cooperation With the United States [8615 - 8623] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may immediately construct or reconstruct part of an authorized flood control project at state expense if it finds the work is urgently needed because of damage from the 1955–56 floods.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Cooperation With the United States [8615 - 8623] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8622. Notwithstanding any of the provisions of Chapters 1 and 3 (commencing with Sections 12570 and 12800 respectively) of Part 6 of Division 6, the board may undertake immediate construction or reconstruction of a portion of a project at state expense, if the board determines that it is urgent to immediately construct or reconstruct a portion of an authorized flood control project because of damages resulting from the 1955–56 floods. Any funds heretofore or hereafter appropriated or allocated to the board for the acquisition of lands, easements, and rights of way may be used for the purposes specified in this section. (Added by Stats. 1956, 1st Ex. Sess., Ch. 48.)
  117. 8623.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Cooperation With the United States [8615 - 8623] ( Article 2 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may plan, design, and build certain flood relief works in the Sacramento River area, but may not install river-bank revetment except when needed for flood-flow division.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 2. Cooperation With the United States [8615 - 8623] ( Article 2 added by Stats. 1943, Ch. 369. ) ## 8623. Notwithstanding any of the provisions of Chapter 1 (commencing with Section 12570) and Chapter 3 (commencing with Section 12800) of Part 6 of Division 6, the board may plan, design, and construct 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, as needed to assure proper division of flood flows between the river and adjacent overflow areas and to preserve the integrity of the Sacramento River Flood Control Project. No revetment of the river bank may be installed pursuant to this section except to the extent necessary to assure the proper division of flood flows as described in this section. If any revetment is required under this section, it shall be accomplished by the palisades method, unless the department finds that method is not feasible. (Added by Stats. 1987, Ch. 1090, Sec. 2. Effective September 24, 1987.)
  118. 8630.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    In this article, “levee” means any levee within the Sacramento and San Joaquin Drainage District.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8630. As used in this article the term “levee” means any levee within the Sacramento and San Joaquin Drainage District. (Added by Stats. 1943, Ch. 369.)
  119. 8631.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may promote levee construction, completion, maintenance, and repair where it thinks the levees are insufficient or needed for its flood control plans.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8631. The board may promote the construction, completion, maintenance and repair of levees along all rivers, streams, overflow channels, basins and by-passes where, in the opinion of the board, the levees are insufficient or necessary for the purpose of the plans for flood control to be carried out by the board under this part. (Added by Stats. 1943, Ch. 369.)
  120. 8632.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    If the board thinks a levee is insufficient or needed for flood control, it must publish notice.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8632. Whenever any levee is in the opinion of the board insufficient or necessary for flood control, the board shall publish notice to that effect. (Added by Stats. 1943, Ch. 369.)
  121. 8633.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board must publish a notice stating that the levee is insufficient or necessary, that it intends to construct, repair, or complete the levee, and that the cost will be paid by assessment on benefited lands.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8633. The published notice shall state that the levee is insufficient or necessary, that it is the intention of the board to construct, repair or complete the levee and pay the cost out of an assessment levied or to be levied and assessed upon the lands within the drainage district directly or indirectly benefited by the levee. (Added by Stats. 1943, Ch. 369.)
  122. 8634.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board’s notice must be signed by its president and secretary and published once a week for three weeks in a newspaper in the relevant county.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8634. The notice shall be signed in the name of the board by its president and secretary and shall be published once a week for three weeks in some newspaper published in the county wherein the levee or the greater part of it is situated or is to be constructed. (Added by Stats. 1943, Ch. 369.)
  123. 8635.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Notice by publication is completed on the 21st day after the first publication.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8635. The giving of the notice by publication shall be complete on the twenty-first day after the first publication. (Added by Stats. 1943, Ch. 369.)
  124. 8636.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Certain levee-constructing entities must apply to the board for leave within 30 days after notice by publication is completed.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8636. Any landowner, reclamation district, drainage district, levee district, municipal corporation or other organization or association authorized by law to construct, repair or complete a levee shall have 30 days after completion of the giving of notice by publication within which to apply to the board for leave to construct, repair or complete the levee. (Added by Stats. 1943, Ch. 369.)
  125. 8637.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The application must be in writing and signed by the applicants or their authorized representatives.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8637. The application shall be in writing and signed by the applicants or their respective executors, administrators, guardians, trustees or duly constituted and authorized officers. (Added by Stats. 1943, Ch. 369.)
  126. 8638.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The application must be filed in the board’s office.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8638. The application shall be filed in the office of the board. (Added by Stats. 1943, Ch. 369.)
  127. 8639.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    If an application is filed within 30 days, the applicants have 60 days (or longer if the board allows) to submit plans and specifications, get the board’s approval, and start the repair, construction, or completion work.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8639. When an application is filed within the required 30 days, the applicants shall have 60 days after filing the application, or any further time that the board allows, within which to do the following: (a) Present to the board plans and specifications. (b) Obtain the board’s approval of plans and specifications. (c) Commence the work of repair, construction or completion. (Added by Stats. 1943, Ch. 369.)
  128. 8640.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    An application for leave to construct, repair, or complete a levee must name and provide the post-office address for at least one and no more than three applicants as contacts for board notices.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8640. The application for leave to construct, repair or complete a levee shall designate the name and post-office address of at least one and not more than three of the applicants as the person or persons to whom any notice or communication may be addressed by the board in the matter of the application. (Added by Stats. 1943, Ch. 369.)
  129. 8641.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    If two or more applications are filed with the board within 30 days, the board may choose which application to recognize and may reject the others.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8641. In case there are two or more applications filed in the office of the board within the required 30 days the board may determine which of such applications shall be recognized and may reject the others. (Added by Stats. 1943, Ch. 369.)
  130. 8642.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Levee work by applicants is treated as being done with the board’s permission if it follows board notice and board-approved plans and specifications.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8642. Any levee constructed or work done by the applicants, pursuant to notice from the board and according to plans and specifications approved by the board, shall be considered as constructed or done with the permission of the board within the meaning of Article 1 of Chapter 8 of this part. (Added by Stats. 1943, Ch. 369.)
  131. 8643.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    If the application or work deadlines are missed, the board may step in to do or finish the levee work and recover the cost by assessing benefited lands.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8643. If the application is not filed in the office of the board within 30 days after completion of the giving of notice by publication, or if the applicants fail to present to the board and obtain its approval of the plans and specifications and to commence the work within 60 days after filing the application or any further time the board may allow, or fail to complete the work with reasonable diligence, the board may proceed with the construction, repair or completion of the work, and pay the cost by assessment upon the lands within the drainage district directly or indirectly benefited by the levee according to the benefits, as provided for in this part. (Added by Stats. 1943, Ch. 369.)
  132. 8644.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    An assessment for the work may be either a special assessment for that purpose or another board assessment that applies to paying for the work.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8644. The assessment may be either an assessment specially levied and assessed for that purpose, or any assessment levied and assessed by the board and applicable to the payment of such work. (Added by Stats. 1943, Ch. 369.)
  133. 8645.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may decide that an emergency exists and take immediate action to protect life, property, or levee safety.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8645. Notwithstanding anything in this article the board may determine a case of emergency exists requiring immediate action to preserve life or property or to protect or preserve the safety of any levee along any river, stream, overflow channel, basin or by-pass. (Added by Stats. 1943, Ch. 369.)
  134. 8646.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may immediately do necessary work to protect or preserve the levee, without giving the notice required in this article.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8646. The board may do the necesssary work immediately for the protection or preservation of the levee, without giving the notice provided for in this article. (Added by Stats. 1943, Ch. 369.)
  135. 8647.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may pay costs, including any damage from the work, using an assessment or available assessment funds.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Levees [8630 - 8647] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 8647. The board may pay the cost, including any damage that may result from the performance of the work, by an assessment to be levied and assessed as provided in this article or out of the funds of any assessment available for that purpose under the provisions of this part. (Added by Stats. 1943, Ch. 369.)
  136. 8655.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may determine that certain land deeded to the State for river improvement or flood control is excess land.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8655. The board may determine that any land acquired by the drainage district and deeded to the State for any right of way for river improvement work or flood control is in excess of what is or will be required. (Added by Stats. 1943, Ch. 369.)
  137. 8656.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    On the board’s request, the Department of General Services may sell excess land, and the board sets the purchase price.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8656. The Department of General Services upon request of the board may sell the excess land at a purchase price determined upon by the board. (Amended by Stats. 1965, Ch. 371.)
  138. 8657.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The Department of General Services may convey the land to the purchaser if the board authorizes it and the purchase price is paid to the State Treasurer.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8657. The Department of General Services when authorized by the board may execute and deliver in the name and on behalf of the state, a conveyance of such land to the purchaser upon payment of the purchase price to the State Treasurer. (Amended by Stats. 1965, Ch. 371.)
  139. 8658.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    When the purchase price is paid to the State Treasurer, it must be credited to the fund directed by the board.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8658. The purchase price when paid to the State Treasurer shall be credited to such fund as the board directs. (Added by Stats. 1943, Ch. 369.)
  140. 8659.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may request sale of certain flood-control land or easements, with approval from the Department of General Services, and the property may then be sold and conveyed on the stated price terms.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8659. All or any part of any land, right-of-way or easement required for any work of channel excavation, enlargement, rectification or control or for any site for the construction of any weir, forming part of or incidental to any plan approved by the state for flood control in the Sacramento or San Joaquin Valleys, which land, right-of-way or easement or weir site has been or may hereafter be acquired by the state, may, at the request of the board and with the approval of the Department of General Services, be sold to the drainage district at a purchase price equal to the cost thereof to the state, to be determined by the Department of General Services, and upon payment to the state of the purchase price, may be conveyed to the drainage district, or to the United States, as may be requested by the board. (Amended by Stats. 1965, Ch. 371.)
  141. 8660.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The Department of General Services may execute and deliver a conveyance for the state if the purchase price is paid to the State Treasurer.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8660. The Department of General Services may execute and deliver pursuant to the next preceding section a conveyance in the name and on behalf of the state upon payment to the State Treasurer of the purchase price. (Amended by Stats. 1965, Ch. 371.)
  142. 8661.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    When the purchase price is paid to the State Treasurer, it must be credited back to the appropriation that paid for the land or related property interest, and the money must remain available for the same purposes.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8661. The purchase price, when paid to the State Treasurer, shall be credited back to the appropriation out of which the cost of acquiring the land, right of way, easement or weir site was paid by the State, and shall be available for the same purposes for which such appropriation was made. (Added by Stats. 1943, Ch. 369.)
  143. 8662.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Leases of drainage district property for oil, gas, or other hydrocarbons may be made only on consideration or royalties authorized by the board and subject to this article.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8662. Any lease of property of the drainage district for the production of oil, gas or other hydrocarbons may be made upon such consideration or for such royalties as may be authorized by the board subject to the provisions of this article. (Added by Stats. 1943, Ch. 369.)
  144. 8663.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Before the board orders a lease of property under the prior section, it must hold a regular open meeting and pass a resolution saying it intends to lease the property.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8663. The board, before ordering the lease of any property pursuant to the next preceding section, shall, in a regular open meeting, adopt a resolution declaring their intention to lease the property. (Added by Stats. 1943, Ch. 369.)
  145. 8664.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    A resolution must identify the property to be leased, state the minimum rental or royalty, state the lease terms, and set a public board meeting date at least three weeks later.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8664. The resolution shall: (a) Describe the property proposed to be leased in such manner as to identify it. (b) Specify the minimum rental or royalty. (c) Specify terms upon which the property will be leased. (d) Fix time not less than three weeks thereafter for a public meeting of the board. (Added by Stats. 1943, Ch. 369.)
  146. 8665.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board must hold the meeting at its regular meeting place, and sealed proposals to lease the property will be received and considered at that meeting.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8665. The meeting shall be held at the board’s regular place of meeting, at which meeting sealed proposals to lease the property will be received and considered. (Added by Stats. 1943, Ch. 369.)
  147. 8666.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    A notice about the resolution and meeting must be published in a newspaper of general circulation in the county, at least once a week for three consecutive weeks before the meeting.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8666. Notice of the adoption of the resolution and of the time and place for holding the meeting shall be given by publishing a notice containing the resolution not less than once a week for three successive weeks before the meeting, in a newspaper of general circulation published in the county in which the drainage district or any part thereof is situated. (Added by Stats. 1943, Ch. 369.)
  148. 8667.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board must open, examine, and declare received sealed proposals in public session, and must accept the highest proposal that meets the resolution’s terms and is made by responsible bidders.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8667. At the time and place fixed in the resolution for the meeting of the board, all sealed proposals which have been received shall, in public session, be opened, examined and declared by the board, and of the proposals submitted which conform to all terms and conditions specified in the resolution, and which are made by responsible bidders, the one which is the highest shall be accepted. (Added by Stats. 1943, Ch. 369.)
  149. 8668.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    At an oral bidding session, any person may offer to lease the property if the rental or royalty is at least 5% above the highest written proposal.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8668. Upon a call for oral bidding, at the session, any person may offer to lease the property upon the terms and conditions specified in the resolution for a rental or royalty exceeding by at least 5 per cent the highest of the written proposals. (Added by Stats. 1943, Ch. 369.)
  150. 8669.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The highest oral bid made by a responsible person must be finally accepted.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8669. The highest of any of the oral bids made by a responsible person shall be finally accepted. (Added by Stats. 1943, Ch. 369.)
  151. 8670.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may make a final acceptance at the same session or at an adjourned session of the same meeting held within 10 days.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8670. The board may make a final acceptance either at the same session or at any adjourned session of the same meeting held within the 10 days next following. (Added by Stats. 1943, Ch. 369.)
  152. 8671.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may reject any or all bids, written or oral, and withdraw the property from lease if it decides that doing so is in the best public interest.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8671. The board may, at such session, if it deems the action to be for the best public interest, reject any and all bids either written or oral, and withdraw the property from lease. (Added by Stats. 1943, Ch. 369.)
  153. 8672.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    When a bid is accepted, the resolution must provide for proper lease execution for the drainage district and lease delivery after the lessee performs and complies with the contract terms that run at the same time as lease execution.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8672. The resolution of acceptance of any bid shall provide for the proper execution of a lease upon behalf of the drainage district, and delivery of the lease upon performance and compliance by the lessee of all the terms and conditions of his contract which are to be performed concurrently with the execution of the lease. (Added by Stats. 1943, Ch. 369.)
  154. 8673.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may lease lands for oil, gas, and other hydrocarbon production jointly with an adjoining landowner, if it decides that doing so is in the best public interest.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8673. The board, in lieu of leasing property as provided in this article, if it deems such action to be for the best public interest, may lease lands for the production of oil, gas and other hydrocarbon substances therefrom jointly with the lands of an adjoining landowner. (Added by Stats. 1943, Ch. 369.)
  155. 8674.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board may not enter into a joint lease until it adopts a resolution, publishes the required notice, and holds a public meeting to hear any protests.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8674. No joint lease shall be entered into until after adoption of a resolution and publication of notice as provided in this article and after a public meeting of the board at which protests, if any, shall be heard. (Added by Stats. 1943, Ch. 369.)
  156. 8675.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    A joint lease must provide a minimum royalty to the drainage district of at least 15% of the value of produced oil, gas, or other hydrocarbon substances.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8675. A joint lease shall provide for the payment of a minimum royalty to the drainage district of not less than 15 per cent of the value of the oil, gas or other hydrocarbon substances produced from the property owned by the district. (Added by Stats. 1943, Ch. 369.)
  157. 8676.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    If the board holds fee title to district land and decides the district only needs a lesser interest, it must sell the land while reserving that interest. Any conveyance must be signed by authorized board officers and approved by the Director of General Services.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8676. Whenever the board has acquired or shall in the future acquire title in fee to any land in the name and in behalf of the district and whenever, in the judgment of the board, the purposes of the district will be satisfied by the retention of an easement or other interest in the land less than the title in fee thereto, the board shall take all steps necessary to sell said land reserving to said district the easement or other interest acquired for the purposes of the district. Conveyances of such land or interest therein owned by the district shall be executed by the officers of the board authorized by the board and shall be approved by the Director of General Services. (Amended by Stats. 1965, Ch. 371.)
  158. 8677.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Mineral deposits in the land are reserved to the State, and land purchasers get no right in those deposits.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8677. All oil, gas, oil shale, coal, phosphate, sodium, gold, silver, and all other mineral deposits in the land are reserved to the State and shall be reserved from sale except on a rental and royalty basis. A purchaser of any of the land shall acquire no right, title, or interest in or to such deposit. The right of such purchaser shall be subject to the reservation of all oil, gas, oil shale, coal, phosphate, sodium, gold, silver, and all other mineral deposits, and to the conditions and limitations prescribed by law providing for the State and persons authorized by it to prospect for, mine, and remove such deposits, and to occupy and use so much of the surface of the land as may be required for all purposes reasonably extending to the mining and removal of such deposits therefrom. The provisions of this section shall not apply to any compromise agreement entered into with respect to such land, nor to grants of such land to the United States when such grants are authorized by law. (Added by Stats. 1943, Ch. 489.)
  159. 8678.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    The board’s leases, rentals, lettings, or licenses for this property need approval from the Director of General Services.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8678. Every lease, rental, letting or license to use real property owned in fee by the Sacramento and San Joaquin Drainage District, which is executed by the board shall be subject to the approval of the Director of General Services. (Amended by Stats. 1965, Ch. 371.)
  160. 8679.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Money from crops, rents, and related proceeds must be paid into the State Treasury and split between the board’s support appropriation and the General Fund.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Lease and Sale of Property [8655 - 8679] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 8679. Revenues, rents, and proceeds from sale of crops from lands under control of the board shall be paid into the State Treasury as follows: (a) To the current appropriation for the support of the board as an abatement of the cost of producing or disposing of crops in such amounts as may be approved by the Department of Finance. (b) The balance thereof to the credit of the General Fund. (Added by Stats. 1953, Ch. 197.)
  161. 8685.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Cooperation Between Board and Department of Water Resources [8685 - 8698] ( Heading of Article 5 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    The board may decide that flood control construction, repair, maintenance, or operation must be done by the department.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Cooperation Between Board and Department of Water Resources [8685 - 8698] ( Heading of Article 5 amended by Stats. 1957, Ch. 1932. ) ## 8685. The board may determine that any construction, repair work, maintenance, or operation of flood control works or structures shall be done by the department. (Amended by Stats. 1957, Ch. 1932.)
  162. 8686.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Cooperation Between Board and Department of Water Resources [8685 - 8698] ( Heading of Article 5 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    The board must prepare and approve the plans and specifications for the work, then deliver them to the department with a request that the department do the work.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Cooperation Between Board and Department of Water Resources [8685 - 8698] ( Heading of Article 5 amended by Stats. 1957, Ch. 1932. ) ## 8686. The plans and specifications for the work shall be prepared and approved by the board and delivered to the department with a request that the work be done by the department. (Amended by Stats. 1957, Ch. 1932.)
  163. 8687.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Cooperation Between Board and Department of Water Resources [8685 - 8698] ( Heading of Article 5 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    The department has sole charge and direct control of the work.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Cooperation Between Board and Department of Water Resources [8685 - 8698] ( Heading of Article 5 amended by Stats. 1957, Ch. 1932. ) ## 8687. The work shall be done under the sole charge and direct control of the department. (Amended by Stats. 1957, Ch. 1932.)
  164. 8688.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Cooperation Between Board and Department of Water Resources [8685 - 8698] ( Heading of Article 5 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    The drainage district must pay the department’s costs and expenses for work under this article from any applicable assessment or fund.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Cooperation Between Board and Department of Water Resources [8685 - 8698] ( Heading of Article 5 amended by Stats. 1957, Ch. 1932. ) ## 8688. The cost and expenses incurred by the department in connection with work under this article is a legal charge against the drainage district and shall be paid out of any applicable assessment or fund. (Amended by Stats. 1957, Ch. 1932.)
  165. 8689.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Cooperation Between Board and Department of Water Resources [8685 - 8698] ( Heading of Article 5 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    The department’s contracts for work under this article must be approved by the board before they take effect.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Cooperation Between Board and Department of Water Resources [8685 - 8698] ( Heading of Article 5 amended by Stats. 1957, Ch. 1932. ) ## 8689. Any contract let by the department for any work under this article shall be approved by the board before becoming effective. (Amended by Stats. 1957, Ch. 1932.)
  166. 8690.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Cooperation Between Board and Department of Water Resources [8685 - 8698] ( Heading of Article 5 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    If a bidder or contractor fails to enter into or perform a contract under this article, any security they forfeited may be taken by the board for the drainage district’s use.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Cooperation Between Board and Department of Water Resources [8685 - 8698] ( Heading of Article 5 amended by Stats. 1957, Ch. 1932. ) ## 8690. Any cash, bond, check or other security forfeited by any bidder or contractor for failure to enter into or to perform any contract for doing work under this article shall be forfeited to and recovered by the board for the use of the drainage district. (Added by Stats. 1943, Ch. 369.)
  167. 8691.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Cooperation Between Board and Department of Water Resources [8685 - 8698] ( Heading of Article 5 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    Forfeitures received or recovered must be paid to the State Treasurer and credited to the assessment that will pay for the work.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Cooperation Between Board and Department of Water Resources [8685 - 8698] ( Heading of Article 5 amended by Stats. 1957, Ch. 1932. ) ## 8691. Any forfeiture, as soon as received or recovered, shall be paid to the State Treasurer and placed to the credit of the assessment out of which the cost of the work is to be paid. (Added by Stats. 1943, Ch. 369.)
  168. 8692.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Cooperation Between Board and Department of Water Resources [8685 - 8698] ( Heading of Article 5 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    The board may furnish certain equipment or property to the department when it is necessary or convenient for the department’s delegated work.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Cooperation Between Board and Department of Water Resources [8685 - 8698] ( Heading of Article 5 amended by Stats. 1957, Ch. 1932. ) ## 8692. The board may furnish to the department any of its dredges, machines, appliances, tools, apparatus or other property which may be necessary or convenient for performing work delegated to the department. (Amended by Stats. 1957, Ch. 1932.)
  169. 8693.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Cooperation Between Board and Department of Water Resources [8685 - 8698] ( Heading of Article 5 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    The department must advise and assist the board.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Cooperation Between Board and Department of Water Resources [8685 - 8698] ( Heading of Article 5 amended by Stats. 1957, Ch. 1932. ) ## 8693. The department shall advise and assist the board. (Amended by Stats. 1957, Ch. 1932.)
  170. 8694.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Cooperation Between Board and Department of Water Resources [8685 - 8698] ( Heading of Article 5 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    The board must reimburse the department for necessary expenses the department incurs under the board’s direction.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Cooperation Between Board and Department of Water Resources [8685 - 8698] ( Heading of Article 5 amended by Stats. 1957, Ch. 1932. ) ## 8694. The department shall be reimbursed by the board for any necessary expenses incurred by it under the direction of the board. (Amended by Stats. 1957, Ch. 1932.)
  171. 8695.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Cooperation Between Board and Department of Water Resources [8685 - 8698] ( Heading of Article 5 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    The department may choose to appoint the board’s chief engineer to also serve as its assistant.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Cooperation Between Board and Department of Water Resources [8685 - 8698] ( Heading of Article 5 amended by Stats. 1957, Ch. 1932. ) ## 8695. The department may at its option appoint the chief engineer of the board to act also as its assistant in the performance of the duties required of it by this article. (Added by Stats. 1943, Ch. 369.)
  172. 8696.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Cooperation Between Board and Department of Water Resources [8685 - 8698] ( Heading of Article 5 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    The chief engineer’s compensation, when also serving as assistant to the department, must be apportioned by agreement between the board and the department.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Cooperation Between Board and Department of Water Resources [8685 - 8698] ( Heading of Article 5 amended by Stats. 1957, Ch. 1932. ) ## 8696. The compensation of the chief engineer while acting also as assistant to the department shall be apportioned as may be agreed upon between the board and the department. (Added by Stats. 1943, Ch. 369.)
  173. 8697.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Cooperation Between Board and Department of Water Resources [8685 - 8698] ( Heading of Article 5 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    The department must deposit maps, records, and engineering data prepared or obtained for the board in the board’s office, and they stay part of the board’s records.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Cooperation Between Board and Department of Water Resources [8685 - 8698] ( Heading of Article 5 amended by Stats. 1957, Ch. 1932. ) ## 8697. All maps, records and engineering data prepared or obtained by the department for the use of the board shall be deposited in the office of the board and remain part of its records. (Added by Stats. 1943, Ch. 369.)
  174. 8698.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Cooperation Between Board and Department of Water Resources [8685 - 8698] ( Heading of Article 5 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    The board must cooperate with the department on matters of mutual concern, as fully as practicable.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 5. Cooperation Between Board and Department of Water Resources [8685 - 8698] ( Heading of Article 5 amended by Stats. 1957, Ch. 1932. ) ## 8698. It is the intent of the Legislature that the board shall cooperate with the department in all matters of mutual concern to the fullest extent practicable. (Repealed and added by Stats. 1957, Ch. 1932.)
  175. 8700.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. )

    Verify source ↗

    It is unlawful for any person or public agency to interfere with or obstruct certain flood control facilities or streams regulated by the board.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. ) ## 8700. (a) It is unlawful for any person or public agency to interfere with, obstruct the performance, maintenance, or operation of, or otherwise take actions that may adversely affect facilities of the State Plan of Flood Control, designated floodways, or streams that are regulated by the board. (b) The board, executive officer, department, and local agencies that operate and maintain facilities and works on behalf of the board shall have the authority, as set forth in this article, to take administrative or civil enforcement actions to abate and remedy any interference or potential interference proscribed by subdivision (a). (Repealed and added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)
  176. 8701.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. )

    Verify source ↗

    The board or executive officer may issue a notice of violation when a person or public agency is violating this part, and the notice must include specified information.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. ) ## 8701. (a) If the board or the executive officer determines that any person or public agency has undertaken, is threatening to undertake, or maintains any encroachment, flood system improvement, or activity in violation of this part, the board or the executive officer may issue a notice of violation to the person or public agency responsible for the encroachment, flood system improvement, or activity. (b) The department or a local agency may issue a notice of violation pursuant to subdivision (a) for facilities within the board’s jurisdiction that the department or local agency operates and maintains if the board delegates the agency that authority. This subdivision shall not require the department or local agency to accept that delegation of authority. (c) A notice of violation shall include all of the following: (1) A statement describing the activity, failure to act, flood system improvement, or encroachment that constitutes a violation of this article, including the sections of this part or board regulations that are being violated. (2) A statement of whether the activity, flood system improvement, or encroachment may be eligible for a permit from the board. (3) The corrective actions that shall be taken within a specified time period. (4) Whether the person or public agency may correct the violation without obtaining prior approval from the board or executive officer, or whether prior approval from the board or executive officer must be obtained prior to taking a corrective action. (5) A statement that the notice of violation shall be referred to the board and that the failure to take the requested actions within the time specified may subject the person or public agency to a cease and desist order and the imposition of further remedial and enforcement actions, including, but not limited to, correction of the violation by the board at the person’s or public agency’s expense and penalties. (6) The name, address, and telephone number of the state or issuing agency that may be contacted for further information. (d) The notice of violation shall be served in accordance with Section 8703 and a copy transmitted to the executive officer within five calendar days of its issuance. The board or the executive officer may amend the notice of violation, and, once served in accordance with Section 8703, the amended notice of violation shall supersede any notice of violation previously issued for the same violation. (Repealed and added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)
  177. 8701.2.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. )

    Verify source ↗

    The board or executive officer may issue a cease and desist order after a failed response to a notice of violation, and in some cases may skip the notice first. The order must include the violation notice, take effect immediately, require corrective action within a set time, and set a board meeting at least 30 days later.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. ) ## 8701.2. (a) If the board or executive officer determines that any person or public agency has failed to adequately respond to a notice of violation, the board or executive officer may issue an order directing that the person or public agency to whom the notice of violation was issued to cease and desist. (b) The board or executive officer may, within its discretion, issue a cease and desist order without first issuing a notice of violation in cases where the board or executive officer finds that issuance of a notice of violation would be futile, would result in unreasonable delay, or would be unlikely to invoke a timely response. In the event the board or executive officer issues a cease and desist order without first issuing a notice of violation, the cease and desist order shall contain the information required under subdivision (c) of Section 8701. (c) A cease and desist order shall do all of the following: (1) Include a copy of the notice of violation. (2) Be effective upon its issuance and served immediately pursuant to Section 8703. (3) Require that the corrective actions described in the notice of violation be completed within a specified time period or the person or public agency shall be subject to an enforcement order pursuant to Section 8701.4. (4) Provide a date, time, and location of a public meeting before the board at which the person or public agency may appear to contest the cease and desist order. (d) The meeting noticed pursuant to paragraph (4) of subdivision (c) shall be consistent with all of the following: (1) The meeting shall be scheduled to occur at least 30 days after issuance of the cease and desist order and shall be held pursuant to the provisions of this part and regulations adopted by the board. (2) At the meeting, the board may affirm, amend, modify, stay, or rescind the cease and desist order. (3) If a person or public agency subject to a cease and desist order fails to appear at the meeting, the cease and desist order may be approved by default. (Added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)
  178. 8701.4.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. )

    Verify source ↗

    The board must hold an enforcement hearing after a violation remains uncured, and it may then issue an enforcement order with remedies, penalties, recording, or civil action.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. ) ## 8701.4. (a) If the board or executive officer determines that any person or public agency has failed to correct a violation as outlined in a cease and desist order, the board shall hold an enforcement hearing to consider the issuance of an enforcement order. (b) The enforcement hearing shall comply with all of the following: (1) Notice of the hearing, issued pursuant to Section 8703, shall be provided at least 30 days before the hearing is scheduled to occur, unless it is determined that the public interest necessitates a shorter notice period. (2) Notice of the hearing shall include a proposed enforcement order, including any proposed administrative penalties. (3) The hearing shall be held pursuant to the provisions of this part and regulations adopted by the board. (4) If the person or public agency subject to the cease and desist order fails to appear at the hearing, the right to a hearing will be deemed waived. (c) At the conclusion of the hearing, the board may approve, amend, or reject the proposed enforcement order and thereby take any and all of the following actions: (1) Order the removal, modification, or abatement of the encroachment, flood system improvement, or activity causing a violation of this part. (2) Order the restoration of the site. (3) Impose and require the payment of administrative penalties as set forth in Section 8704. (4) Order the recording of the enforcement order with the office of the county recorder of the county in which the property associated with the violation is located. (5) Initiate a civil action in the name of the state for mandamus, injunction, civil penalties, or other appropriate remedy authorized by law. (6) Order any other actions or conditions as the board may determine are necessary to resolve the violation and ensure compliance with this part. (d) The enforcement order shall state any necessary findings and shall be served immediately pursuant to Section 8703. (e) A person or public agency against which the board has issued an enforcement order may seek judicial review of the enforcement order pursuant to Section 8579. The enforcement order shall be deemed effective upon issuance. (f) If the board orders removal, modification, abatement, or restoration pursuant to this part, the board, its contractor, or its designee may conduct the work, the costs of which shall be collected from the responsible person or public agency by whatever legal remedy is available, including, but not limited to, the placement of a lien on the property owned by the person or public agency responsible for the violation pursuant to Section 8704.2. Removal, modification, abatement, or restoration actions shall not be taken by the board until after the time for judicial review has passed. (g) If the board orders the enforcement order to be recorded with the office of the county recorder, the executive officer shall issue a certificate of abatement to the person or public agency against whose property the enforcement order was recorded when the enforcement action has been fully resolved, including the payment of any costs and penalties. The person or public agency may, at the owner’s expense, record the certificate with the office of the county recorder. (h) This section does not authorize the issuance of an enforcement order as to any lawful activity undertaken by a public agency pursuant to Section 8708. (Added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)
  179. 8702.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. )

    Verify source ↗

    The board may order removal or modification of a previously permitted encroachment after notice and a hearing if it makes one of several substantial-evidence findings.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. ) ## 8702. (a) The board, following notice and opportunity for a hearing, may order the removal or modification of an encroachment that was previously issued a permit by the board if the board makes one of the following findings based on substantial evidence: (1) The encroachment presents an imminent threat to the structural integrity of the levee, channel, flood control work, or other facility of the State Plan of Flood Control. (2) The encroachment significantly impairs the functional capability of the levee, channel, flood control work, or other facility of the State Plan of Flood Control to fulfill its particular intended role in the overall flood control plan. (3) The encroachment is not in conformance with state law, board regulations, or, in the case of facilities of the State Plan of Flood Control, the standards and regulations of the Secretary of the Army. (b) Routine maintenance by the board, the executive officer, the department, or local agencies that operate and maintain facilities and works on behalf of the board that includes the removal or modification of abandoned property, fences, gates, and vegetation on a levee or other flood control structure shall not be subject to this section. (c) The removal or modification of previously permitted encroachments shall not be subject to administrative or civil penalties pursuant to Section 8704 or 8704.1. (d) If the board orders the removal or modification of a previously permitted encroachment, the permit for the encroachment shall be modified or revoked accordingly. (e) Nothing in this section shall be construed to alter an individual’s right to compensation that may otherwise exist at law or any rights an individual has under the Constitution of the state or the United States. (Repealed and added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)
  180. 8703.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. )

    Verify source ↗

    This section requires notice and service under the article to be given to the responsible person or public agency and the affected property owner, using one of the listed methods.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. ) ## 8703. Notice and service required by this article shall be provided to the person or public agency believed to be responsible for the violation and the owner of the property on which the violation occurred or is threatened to occur by one of the following means: (a) Hand delivery. (b) Certified mail. (c) If the person or agency cannot be reached or reasonably notified pursuant to subdivision (a) or (b), by placing a copy of the notice or order on the encroachment or property. (Repealed and added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)
  181. 8704.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. )

    Verify source ↗

    Courts may impose civil penalties for certain flood-control violations and related order violations.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. ) ## 8704. (a) Civil penalties may be imposed by a court of competent jurisdiction against any person or public agency that undertakes an activity, flood system improvement, or encroachment that is in violation of this part or that is inconsistent with any permit, cease and desist order, or enforcement order previously issued by the board or executive officer in an amount not less than five hundred dollars ($500) and not greater than thirty thousand dollars ($30,000). (b) In addition to any other penalties, civil penalties may be imposed by a court of competent jurisdiction against any person or public agency that intentionally and knowingly undertakes an activity, flood system improvement, or encroachment that is in violation of this part or that is inconsistent with any permit, cease and desist order, or enforcement order previously issued by the board or executive officer in an amount that shall not be less than one thousand dollars ($1,000) or more than fifteen thousand dollars ($15,000) per day for each day in which the violation persists. (c) In determining the amount of liability pursuant to subdivisions (a) and (b), the following factors shall be considered: (1) The nature, circumstance, extent, and gravity of the violation. (2) Whether the violation is susceptible to removal, modification, abatement, restoration, or other remedial measures. (3) Whether the function of the levee, channel, or other flood control work is affected by the violation. (4) The cost to the state of bringing the action. (5) With respect to the person or public agency responsible for the violation, any voluntary remedial measures undertaken, any prior history of violations, the degree of culpability, economic profits, if any, resulting from, or expected to result as a consequence of, the violation, and other matters deemed relevant. (d) Civil penalties may be imposed by a court of competent jurisdiction against any person or public agency that intentionally or negligently violates any cease and desist order issued, reissued, or amended by the board, or any enforcement order issued, reissued, or amended by the board in an amount that shall not exceed six thousand dollars ($6,000) for each day in which that violation persists. Any actual penalty imposed shall be reasonably proportionate to the damage suffered as a consequence of the violation. (Repealed and added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)
  182. 8704.1.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. )

    Verify source ↗

    The board may impose administrative penalties, but only with an enforcement hearing and order, and the amount must be between $500 and $50,000 for a single violation.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. ) ## 8704.1. (a) Administrative penalties may be imposed by the board in the same manner as civil penalties described in Section 8704, upon an enforcement hearing and issuance of an enforcement order pursuant to Section 8701.4, but shall not be less than five hundred dollars ($500) or exceed fifty thousand dollars ($50,000) for a single violation. (b) In imposing penalties, the board shall express its rationale for the amount and specifically address the factors listed under subdivision (c) of Section 8704. (c) Any penalties imposed shall be paid within 60 days. (d) A person or public agency shall not be subject to both civil and administrative penalties for the same violation. (e) After the time for judicial review pursuant to Section 8579 has passed, the board may apply to the clerk of the appropriate court in the county in which the administrative penalties were imposed for a judgment to collect the penalties assessed. The application, which shall include a certified copy of the board action, constitutes a sufficient showing to warrant issuance of the judgment. The clerk shall enter judgment immediately in conformity with the application. The judgment so entered has the same force and effect, and is subject to all the provisions of law relating to, a judgment in a civil action and may be enforced in the same manner as any other judgment of the court in which it is entered. (Added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)
  183. 8704.2.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. )

    Verify source ↗

    The board or its designee may record a lien to recover listed enforcement costs, but the board must give notice and a hearing before recording it.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. ) ## 8704.2. (a) Pursuant to subdivision (f) of Section 8701.4, the board or the board’s designee shall have the authority to record a lien with the county recorder in the county of this state where the person’s or agency’s property responsible for the violation is located, to recover any and all of the following: (1) Costs incurred in abating, removing, and restoring a violation, including, but not limited to, costs incurred in seeking modification, removal, abatement, or restoration pursuant to this part. (2) Costs incurred in the summary abatement of emergencies. (3) Attorney’s fees associated with actions to enforce this part. (b) A lien recorded pursuant to this section shall have the same force, effect, and priority as a judgment lien. (c) Before recording a lien, the board shall provide notice and an opportunity for a hearing to contest the amount of the lien. (1) Notice shall be provided at least 20 days before the hearing pursuant to Section 8703. (2) The hearing required by this section may be satisfied by an enforcement order hearing pursuant to Section 8701.4 or, in the summary abatement of emergencies, a hearing pursuant to Section 8708. (Amended by Stats. 2014, Ch. 489, Sec. 2. (SB 1345) Effective January 1, 2015.)
  184. 8704.4.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. )

    Verify source ↗

    The board may enforce this article using mandamus, mandatory injunction, or other lawful remedies, and those remedies are not exclusive of other civil or criminal remedies.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. ) ## 8704.4. The remedies provided by this article are not exclusive of, but shall be concurrent with and in addition to, any other remedy, penalty, or sanction that may exist by law, civil or criminal. The board may enforce compliance with the provisions of this article by mandamus, mandatory injunction, or by any other appropriate remedy authorized by law. The action or proceeding may be commenced and maintained by the board in the name of the state. (Added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)
  185. 8705.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. )

    Verify source ↗

    The Flood Risk Management Fund is established in the State Treasury, and specified fees and penalties must be paid into it.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. ) ## 8705. The Flood Risk Management Fund is hereby established in the State Treasury. All funds received from fees pursuant to Section 8535 and from penalties pursuant to this article shall be paid into the fund. Upon appropriation by the Legislature, the moneys in the fund shall be expended by the board to carry out enforcement pursuant to this part, including the costs of the modification, removal, abatement, or restoration of violations and related litigation, or to carry out any type of service for which it charges fees pursuant to Section 8535. (Amended by Stats. 2024, Ch. 72, Sec. 68. (SB 156) Effective July 2, 2024.)
  186. 8706.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. )

    Verify source ↗

    The board may bring actions in the state’s name to obtain an injunction requiring certain structure owners to build or change structures so they obstruct water flow as little as possible.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. ) ## 8706. The board may maintain actions in the name of the state to compel by injunction the owner or owners of any bridge, trestle, wire line, viaduct, embankment, or other structure or obstruction that shall be intersected, traversed, or crossed by any bypass, drainage canal, channel, or overflow channel to construct or alter any structure in order to offer a minimum of obstruction to the free flow of water. In the case of existing works, the board may compel the removal or alteration of structures or obstructions that impede the free flow of water. (Repealed and added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)
  187. 8706.5.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. )

    Verify source ↗

    Activities that interfere with certain flood control facilities, floodways, or regulated streams are public nuisances, and the board may sue to stop or remove the nuisance.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. ) ## 8706.5. Any activity that does or may interfere with, obstruct the performance, maintenance, or operation of, or otherwise adversely affect facilities of the State Plan of Flood Control, designated floodways, or streams that are regulated by the board constitutes a public nuisance, and the board may commence and maintain a suit in the name of the people of the state for the prevention or abatement of that nuisance. (Added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)
  188. 8707.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. )

    Verify source ↗

    If the board, Attorney General, or a local agency wins the specified civil action, that party must be awarded attorney’s fees and costs.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. ) ## 8707. If the board or Attorney General prevails in a civil action to enforce this part, or if a local agency prevails in a civil action to seek abatement costs under subdivision (c) of Section 8708 or modification, removal, abatement, or restoration costs as the board’s designee under subdivision (f) of Section 8701.4, the board, Attorney General, or local agency shall be awarded attorney’s fees and costs, including, but not limited to, any fees and costs incurred by its agents. (Repealed and added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)
  189. 8708.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. )

    Verify source ↗

    The provision lets specified flood-control officials and agencies take emergency action to prevent imminent failures or protect the public welfare, lets affected individuals or public agencies request a board hearing within 30 days, and lets the abatement entity seek cost recovery and liens.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. ) ## 8708. (a) Nothing in this article shall be construed to prevent the department, the board, the executive officer, or a levee-maintaining agency from taking any action to prevent an imminent failure of a levee, channel, floodway, stream bank, or flood control feature, or other emergency action necessary to protect the public welfare. (b) To the extent emergency action is required that involves the removal, modification, or abatement of an encroachment, flood system improvement, or activity maintained by an individual or public agency, the individual or public agency may request a hearing before the board within 30 days after the action has been commenced. (c) After a public hearing, by request or by its own motion, the entity that has carried out the abatement functions pursuant to this section may seek reimbursement of its abatement costs and may pursue any legal remedies available to recover its costs, including imposing a lien pursuant to Section 8704.2. (Repealed and added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)
  190. 8709.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. )

    Verify source ↗

    The board must adopt emergency regulations to implement this article, following the referenced Government Code procedures.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments [8700 - 8709] ( Article 6 repealed and added by Stats. 2013, Ch. 639, Sec. 3. ) ## 8709. The board shall adopt emergency regulations necessary to implement this article in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of emergency regulations shall be deemed an emergency that calls for the immediate action to avoid serious harm to the public peace, health, safety, or general welfare. (Repealed and added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)
  191. 8710.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 7. Approval of Plans [8710 - 8723] ( Article 7 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Certain reclamation, flood control, drainage, improvement, dredging, and similar plans need board approval before construction starts.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 7. Approval of Plans [8710 - 8723] ( Article 7 added by Stats. 1943, Ch. 369. ) ## 8710. Every plan of reclamation, flood control, drainage, improvement, dredging or work, that includes or contemplates the construction, enlargement, revetment or alteration of any levee, embankment, canal or other excavation in the bed of or along or near the banks of the Sacramento or San Joaquin Rivers or any of their tributaries or connected therewith, or upon any land adjacent thereto, or within any of the overflow basins thereof, or upon any land susceptible to overflow therefrom, shall be approved by the board before construction is commenced. (Amended by Stats. 1945, Ch. 233.)
  192. 8710.1.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 7. Approval of Plans [8710 - 8723] ( Article 7 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    Section 8710 does not apply to certain interior irrigation or drainage work on reclaimed land.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 7. Approval of Plans [8710 - 8723] ( Article 7 added by Stats. 1943, Ch. 369. ) ## 8710.1. The provisions of Section 8710 shall not apply to any work of interior irrigation or drainage upon reclaimed land, which work is not actually on, through, or adjoining any flood control works under the jurisdiction of the board. (Added by Stats. 1957, Ch. 1707.)
  193. 8710.5.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 7. Approval of Plans [8710 - 8723] ( Article 7 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    If an irrigation, drainage, levee, or flood control district applies for the approval required by the previous section, certain Water Code provisions apply to its works.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 7. Approval of Plans [8710 - 8723] ( Article 7 added by Stats. 1943, Ch. 369. ) ## 8710.5. Whenever any irrigation, drainage, levee, or flood control district makes application for the approval required by the next preceding section, all of the provisions of Division 15, Part 6, Chapter 2 of the Water Code which relate to works of reclamation by reclamation districts within the Sacramento and San Joaquin Drainage District shall be applicable to the works of such irrigation, drainage, levee, or flood control district. (Amended by Stats. 1953, Ch. 319.)
  194. 8711.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 7. Approval of Plans [8710 - 8723] ( Article 7 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    A plan is not valid until the board approves it, and work may not be done without the board’s permission.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 7. Approval of Plans [8710 - 8723] ( Article 7 added by Stats. 1943, Ch. 369. ) ## 8711. Any such plan is void until approved by the board, and no work shall be done without the permission of the board. (Added by Stats. 1943, Ch. 369.)
  195. 8712.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 7. Approval of Plans [8710 - 8723] ( Article 7 added by Stats. 1943, Ch. 369. )

    Verify source ↗

    A levee covered by this section cannot be cut or altered unless the board gives permission.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 7. Approval of Plans [8710 - 8723] ( Article 7 added by Stats. 1943, Ch. 369. ) ## 8712. No levee along a river or by-pass at any of the places mentioned in this article, nor any levee forming part of any of the plans of flood control adopted by this part or by the board, shall be cut or altered without permission of the board. (Added by Stats. 1943, Ch. 369.)
  196. 8713.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 7. Approval of Plans [8710 - 8723] ( Article 7 added by Stats. 1943, Ch. 369. )

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    The owner of an existing levee may raise, widen, or strengthen it if the work plans are submitted to and approved by the board before work begins, and the work is done under the board’s supervision.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 7. Approval of Plans [8710 - 8723] ( Article 7 added by Stats. 1943, Ch. 369. ) ## 8713. The owner of any existing levee at any of the places mentioned in this article may raise, widen, or strengthen the levee, if before work is commenced, the plans, specifications and method of construction are submitted to and approved by the board, and the work is done subject to the supervision of the board. (Added by Stats. 1943, Ch. 369.)
  197. 8714.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 7. Approval of Plans [8710 - 8723] ( Article 7 added by Stats. 1943, Ch. 369. )

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    Claims for compensation may not be made against the board or the drainage district for work under Section 8713 beyond the requirements of the locally adopted and board-approved flood control plan.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 7. Approval of Plans [8710 - 8723] ( Article 7 added by Stats. 1943, Ch. 369. ) ## 8714. No claim shall ever be made against the board or the drainage district for compensation, through or by assessment or otherwise, for any part of the work under Section 8713 in excess of the requirements of the plan of flood control for that locality finally adopted and approved by the board. (Added by Stats. 1943, Ch. 369.)
  198. 8715.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 7. Approval of Plans [8710 - 8723] ( Article 7 added by Stats. 1943, Ch. 369. )

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    An existing levee may be protected or strengthened in an emergency during the flood season if it is threatened by flood water.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 7. Approval of Plans [8710 - 8723] ( Article 7 added by Stats. 1943, Ch. 369. ) ## 8715. Any existing levee may be protected or strengthened in case of emergency during the season of flood water, where it is in danger of injury or destruction from flood water. (Added by Stats. 1943, Ch. 369.)
  199. 8716.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 7. Approval of Plans [8710 - 8723] ( Article 7 added by Stats. 1943, Ch. 369. )

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    Notice of emergency work must be given immediately to the board.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 7. Approval of Plans [8710 - 8723] ( Article 7 added by Stats. 1943, Ch. 369. ) ## 8716. Notice of emergency work shall be immediately given to the board. (Added by Stats. 1943, Ch. 369.)
  200. 8717.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 7. Approval of Plans [8710 - 8723] ( Article 7 added by Stats. 1943, Ch. 369. )

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    Emergency work must be approved by the board afterward, and the board can require changes or removal if it is not approved.

    ## 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 3. Powers, Duties and Jurisdiction [8590 - 8723] ( Chapter 3 added by Stats. 1943, Ch. 369. ) ## ARTICLE 7. Approval of Plans [8710 - 8723] ( Article 7 added by Stats. 1943, Ch. 369. ) ## 8717. All emergency work shall be subject to the subsequent approval of the board, and the board may require its removal or alteration if not approved. (Added by Stats. 1943, Ch. 369.)

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