Water Code, 1943

Work on levees, embankments, or other structures in board-adopted by-pass or overflow channels needs permission from the board.

Doing certain works or leaving them in place without the board’s permission, and in violation of the article, is a public nuisance.

Any person who violates any provision of this article commits a misdemeanor.

Plans or specifications for work under this part may be changed or altered only with the board’s consent.

The board may change or alter plans or specifications for work it undertook on its own initiative, at any time.

The board may refuse to approve a plan if it believes the plan could damage flood-control works or interfere with an adopted flood-control plan.

The board may conduct hearings based on sworn testimony from applicants or witnesses, except for reports or investigations made by the board’s members, employees, or special advisers.

The board must acknowledge receipt of all applications in writing within 10 days, and generally act on applications within 90 days of receipt.

Applicants are entitled to be told the staff recommendations on their application at least seven days before action is taken, except for emergency permits.

Applicants must identify the names and addresses of contiguous landowners, and those landowners must be informed about pending applications, their content, and staff recommendations. This section does not apply to emergency permits.

The board may hold hearings or partial hearings anywhere in the State for applications before it.

The board may hold a hearing or partial hearing before certain board officials or a designated neutral hearing officer, anywhere in the state.

All hearings or partial hearings must be open and public.

The hearing officer must take the evidence and report it to the board.

The board may require an applicant to pay all or part of the expenses of an outside hearing requested by the applicant.

The section says what costs count as hearing expenses for the board.

The board must deposit money collected as compensation for the time of its members, officers, or employees into the State Treasury and credit it to the unexpended balance of the board’s available appropriation or assessment for general administrative expenses.

The board may arrange for witnesses to give depositions under oath at any place in connection with an application pending before the board.

A deposition must be taken before a notary public or another legally authorized officer or person who can administer oaths.

A deposition must be certified and returned to the board’s office in the manner required by law for depositions in civil actions.

A deposition taken and certified under this article may be read in evidence before the board at the hearing of the application.

An affidavit may be used to prove service or publication of required notices, and it is accepted as prima facie evidence of that service or publication.

The board may, if it chooses, give additional notice by publication, mailing, or other means about its assessments, orders, proceedings, hearings, or other acts done or planned.

If the board thinks an assessment is necessary for chapter purposes, it must adopt plans and make careful cost estimates.

The estimate must include specified categories of expenses and project costs.

The board must divide the plans into separate projects or units when that will best support levying assessments fairly and according to the benefits to affected lands.

Each separate project or unit must include the flood-control and drainage works needed to carry intercepted stream water into a by-pass.

The board must record in its minutes a resolution stating that each separate project or unit it decides on is a public necessity.

The board must designate each project or unit in the resolution by name and number.

Assessments, plans, and funds tied to each project or unit must be named and numbered, kept separate, and used only for that specific project or unit.

Land for a project or unit is to be assessed only in proportion to the benefit it may receive from the entire works.

Land may not be treated as benefited or assessed for project expenses merely because it was or may be endangered, flooded, or its natural drainage obstructed before the entire works are completed.

If the board levies an assessment and the district boundaries are extended to add land, the board must estimate the fair and equitable amount that the added land should contribute toward the earlier assessment.

The board must levy, assess, equalize, and collect an assessment on land in the district changed by boundary changes, following this part and according to benefits.

The board may, by resolution in its minutes, release a lien and abandon charges on an assessed tract when the assessment total is more than needed to meet the obligations it was levied for.

The first portions of an assessment to be abandoned and released are the parts of each tract’s charges that are based on flood control benefits or by-pass severance, as defined and determined by assessors appointed by the reclamation board.

An assessment on a tract cannot be released or abandoned under Section 8761 until all delinquent installments, interest, and penalties are paid in full, and the required certified resolution copy is deposited with each affected county treasurer.

The county treasurer must annex the resolution to the assessment list for the county’s assessment.

The board may issue warrants to readjust a paid assessment, but the reclamation board must not act after June 30, 1944, to cause warrants for Sutter-Butte By-pass Assessment No. 6, and related actions or proceedings had to begin before January 1, 1945.

The board may, in its discretion, abandon an assessment in whole or in part before the lien has accrued if the assessment exceeds what is needed for the related obligations.

If an assessment on land in the drainage district is later found invalid or the tract is not legally charged, the tract must be charged in a later assessment in proportion to the benefits received.

A tract may be separately reassessed so the land is charged with its proper share of the assessment, instead of using the procedure in the preceding section.

If county boundaries change or a new county is created, assessment-related acts and proceedings for affected land are treated as if the land were in the same county as when the assessors were appointed.

The board may not levy any assessment on property outside the drainage district boundaries.

Assessments must be numbered consecutively.

The Reclamation Board must order the release of liens and abandonment of charges for certain tracts owned by public agencies, except tracts deeded for delinquent taxes or assessments.

The Reclamation Board may act on Feather River Assessment No. 7 only if a court judgment allows it after June 30, 1946; related proceedings had to be started before January 1, 1947, and remaining fund money reverts to the state after June 30, 1948.

After June 30, 1946, the Reclamation Board may act only under a court judgment for this assessment readjustment, related proceedings had to be started by January 1, 1947, and any money left in the fund after June 30, 1948 reverts to the State General Fund.

When an assessment is to be levied, the board must appoint three assessors.

Assessors must be disinterested and must not have any interest in real estate within the drainage district.

Each assessor must take and subscribe an oath before starting duties.

The board must fix and allow the compensation of assessors.