Water Code — Part 5 | WAT — United States — California law | Esheria

Water Code

Part 5 of 51 · provisions 801–1,000

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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. 1227.3.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2.6. Nonreserved Water Rights for Federal Uses [1227 - 1227.4] ( Article 2.6 added by Stats. 1983, Ch. 670, Sec. 1. )

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    This article does not apply to certain water appropriations made under federal reclamation or other federal statutes for water-development projects.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2.6. Nonreserved Water Rights for Federal Uses [1227 - 1227.4] ( Article 2.6 added by Stats. 1983, Ch. 670, Sec. 1. ) ## 1227.3. This article does not apply to uses involving the appropriation of water by any person, including any agency of the United States, pursuant to the Federal Reclamation Law, as amended or supplemented, or any other federal statute which authorizes projects for the development of water for uses other than uses upon reserved federal lands. (Added by Stats. 1983, Ch. 670, Sec. 1.)
  2. 1227.4.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2.6. Nonreserved Water Rights for Federal Uses [1227 - 1227.4] ( Article 2.6 added by Stats. 1983, Ch. 670, Sec. 1. )

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    The board may revoke a water right if it follows specified procedures and finds the water has stopped being used for the purpose the original development was intended for.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2.6. Nonreserved Water Rights for Federal Uses [1227 - 1227.4] ( Article 2.6 added by Stats. 1983, Ch. 670, Sec. 1. ) ## 1227.4. The board may, after following procedures set forth in Sections 1675 to 1675.2, inclusive, revoke any water right determined pursuant to this article upon a finding that the water has ceased to be used for a purpose for which the original development was intended. (Added by Stats. 1983, Ch. 670, Sec. 1.)
  3. 1228.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2.7. Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses [1228 - 1229.1] ( Heading of Article 2.7 amended by Stats. 2011, Ch. 579, Sec. 1. )

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    This article may be cited as the Water Rights Permitting Reform Act of 1988.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2.7. Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses [1228 - 1229.1] ( Heading of Article 2.7 amended by Stats. 2011, Ch. 579, Sec. 1. ) ## 1228. This article shall be known and may be cited as the Water Rights Permitting Reform Act of 1988. (Added by Stats. 1988, Ch. 1040, Sec. 1.)
  4. 1228.1.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2.7. Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses [1228 - 1229.1] ( Heading of Article 2.7 amended by Stats. 2011, Ch. 579, Sec. 1. )

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    This section defines “small domestic use,” “small irrigation use,” and “livestock stockpond” for water appropriation registration.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2.7. Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses [1228 - 1229.1] ( Heading of Article 2.7 amended by Stats. 2011, Ch. 579, Sec. 1. ) ## 1228.1. (a) The Legislature finds and declares that it is in the public interest to provide a timely, efficient, and economic procedure for the acquisition of rights to appropriate water for a small domestic use, including incidental stock watering and irrigation uses, a small irrigation use, and for a livestock stockpond subject to prior rights. (b) As used in this article: (1) “Small domestic use” means a domestic use, as that use is defined by board rule, or a use for aesthetic, fire protection, recreational, or fish and wildlife purposes that is associated with a dwelling or other facility for human occupation, that does not exceed direct diversion of 4,500 gallons per day or diversion to storage of 10 acre-feet per year. (2) “Small irrigation use” means either of the following: (A) An irrigation use, heat control use, or frost protection use, not to exceed diversion to storage of 20 acre-feet per year, including impoundment for incidental aesthetic, fire protection, recreational, or fish and wildlife purposes. (B) An irrigation use not to exceed direct diversion of 42,000 gallons per day, up to a maximum of 20 acre-feet per year. (3) “Livestock stockpond” means a water impoundment structure constructed for livestock watering use not to exceed direct diversion of 4,500 gallons per day, or diversion to storage of 10 acre-feet per year, as that use is defined by the board, and including impoundment for incidental aesthetic, fire protection, recreational, or fish and wildlife purposes. (Amended by Stats. 2015, Ch. 683, Sec. 45. (SB 798) Effective January 1, 2016.)
  5. 1228.2.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2.7. Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses [1228 - 1229.1] ( Heading of Article 2.7 amended by Stats. 2011, Ch. 579, Sec. 1. )

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    A person may obtain a water-appropriation right for certain small uses only by first registering with the board and using the water diligently and beneficially; the board must also publish annual summary information and may not accept some registrations tied to fully appropriated stream systems.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2.7. Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses [1228 - 1229.1] ( Heading of Article 2.7 amended by Stats. 2011, Ch. 579, Sec. 1. ) ## 1228.2. (a) (1) Subject to subdivision (b), a person may obtain a right to appropriate water for a small domestic, small irrigation, or livestock stockpond use upon first registering the use with the board and thereafter applying the water to reasonable and beneficial use with due diligence. (2) With regard to an appropriation for small domestic use, a registration shall not be filed for a facility served by or used pursuant to a permit or license for domestic or municipal use, and not more than one small domestic use registration shall be in effect at any time for any facility. A small domestic use registration and a livestock stockpond use registration may be in effect for the same facility if the total combined water use covered by the registrations does not exceed 10 acre-feet per year. (3) With regard to an appropriation for small irrigation use, more than one registration may be in effect at any time for a registrant if the diversion or storage facilities subject to registration for a registrant do not exceed the ratio of one per 20 irrigated acres, and if the total water use on all acreage covered by the registrations, including any water use based on other rights, does not exceed 100 acre-feet per year. (4) A small domestic use registration and a small irrigation use registration, or a livestock stockpond use registration and a small irrigation use registration, may be in effect for the same facility only if the total combined water use covered by the registrations does not exceed 20 acre-feet per year. (5) With regard to an appropriation for livestock stockpond use, more than one registration may be in effect at any time for a registrant if stockponds subject to registration for that registrant do not exceed the ratio of one per 50 acres. (b) Initiation of rights to appropriate water pursuant to this article shall be subject to Article 1.3 (commencing with Section 1205), relating to fully appropriated stream systems. The board shall not accept a registration of water use which proposes as a source of water supply a stream system which has been unconditionally declared by the board to be fully appropriated pursuant to Section 1205, except that subdivision (b) of Section 1206, relating to conditional declarations of fully appropriated stream systems, shall apply to registration of water use pursuant to this article, and the board shall accept those registrations where consistent with the conditions specified in the declaration. (c) The board shall annually prepare and post on its Internet Web site information summarizing the location, nature, and amount of water appropriated pursuant to this article. The information shall include a description of the availability of unappropriated water in those stream systems which may become fully appropriated within the next reporting period. (d) If a registration is filed with a source of supply on a stream system that the most recent report submitted under subdivision (c) identifies as a stream system that may become fully appropriated within the next reporting period, the registration shall not take effect unless the board finds that unappropriated water is available for the appropriation proposed by the registration. If the board finds that unappropriated water is not available to supply the proposed appropriation, the board shall, following notice and hearing, determine whether that stream system should be declared fully appropriated pursuant to Article 1.3 (commencing with Section 1205). (Amended by Stats. 2015, Ch. 683, Sec. 46. (SB 798) Effective January 1, 2016.)
  6. 1228.3.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2.7. Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses [1228 - 1229.1] ( Heading of Article 2.7 amended by Stats. 2011, Ch. 579, Sec. 1. )

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    Water-use registrations must be filed on a board-prescribed form, and the board must publish monthly registration lists and accept timely protests.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2.7. Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses [1228 - 1229.1] ( Heading of Article 2.7 amended by Stats. 2011, Ch. 579, Sec. 1. ) ## 1228.3. (a) Registration of water use pursuant to this article shall be made upon a form prescribed by the board. The registration form shall set forth all of the following: (1) The name and post office address of the registrant. (2) The source of water supply. (3) The nature and amount of the proposed use. (4) The proposed place of diversion. (5) The place where it is intended to use the water. (6) The time for completion of construction of diversion works and for complete application of the water to the proposed use. (7) A certification that the registrant has contacted a representative of the Department of Fish and Wildlife designated by that department for that purpose, has provided information to that department that is set forth in the registration form, and has agreed to comply with all lawful conditions, including, but not limited to, conditions upon the construction and operation of diversion works, required by the Department of Fish and Wildlife. The certification shall include a copy of any conditions required by the Department of Fish and Wildlife pursuant to this paragraph. (8) Any other information that may reasonably be required by the board. (b) Registration of water use shall be deemed completed on the date that the form, executed in substantial compliance with the requirements of this section, and the registration fee specified in Section 1525 are received by the board. (c) The board shall issue monthly a list of registrations filed under this article during the preceding calendar month. This list shall contain the information required by paragraphs (1) to (6), inclusive, of subdivision (a). The list shall set forth a date prior to which an interested person may file a written protest in opposition to the approval of a stockpond registration. That date shall be not later than 30 days from the date on which the list is issued. The board shall mail the monthly list of registrations filed to a person who requests the list. (d) Prior to the date set forth on the list required under subdivision (c), an interested person may file with the board a written protest in opposition to the approval of a stockpond registration. The protest shall clearly set forth the protestant’s objections to the registered use based on interference with prior rights. The protest shall be served on the registrant by the protestant by mailing a duplicate copy of the protest to the registrant, or through service undertaken in another manner determined to be adequate by the board. The procedures set forth in Article 1.5 (commencing with Section 1345) of Chapter 5 shall be used for reviewing a protested registration. (Amended by Stats. 2015, Ch. 683, Sec. 47. (SB 798) Effective January 1, 2016.)
  7. 1228.4.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2.7. Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses [1228 - 1229.1] ( Heading of Article 2.7 amended by Stats. 2011, Ch. 579, Sec. 1. )

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    A completed water-use registration gives the registrant a priority right to take and use water, subject to limits and possible loss or revocation.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2.7. Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses [1228 - 1229.1] ( Heading of Article 2.7 amended by Stats. 2011, Ch. 579, Sec. 1. ) ## 1228.4. (a) Any completed registration of water use gives to the registrant a priority of right as of the date of completed registration to take and use the amount of water ultimately applied with due diligence to reasonable and beneficial use thereunder, which amount shall not exceed the amount of proposed use as shown on the registration form. (b) Any right obtained pursuant to this article shall remain in effect unless and until any of the following occur: (1) The right is forfeited for nonuse pursuant to Section 1241, or abandoned. (2) The right is revoked because the registrant knowingly made any false statement, or knowingly concealed any material fact, in the registration. (3) The right is revoked for failure to renew the registration as provided in this article. (4) The right is revoked pursuant to subdivision (c) of Section 1228.6. (Added by Stats. 1988, Ch. 1040, Sec. 1.)
  8. 1228.5.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2.7. Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses [1228 - 1229.1] ( Heading of Article 2.7 amended by Stats. 2011, Ch. 579, Sec. 1. )

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    Some small domestic, small irrigation, and livestock stockpond registrations must be renewed every five years, and overdue fees or reports can lead to automatic revocation.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2.7. Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses [1228 - 1229.1] ( Heading of Article 2.7 amended by Stats. 2011, Ch. 579, Sec. 1. ) ## 1228.5. (a) Registration of a small domestic, small irrigation, or livestock stockpond use pursuant to this article shall be renewed prior to the expiration of each five-year period following completed registration. (b) Registrations for which all annual fees have been timely paid and all annual reports have been timely submitted at the expiration of the five-year registration shall be renewed by operation of law. (c) The conditions established by the board pursuant to Section 1228.6 that are in effect at the time of renewal of registration shall supersede the conditions that were applicable to the original completed registration. (d) A registration for which fees or water use reports remain outstanding at the expiration of the five-year registration period shall be revoked by operation of law. (Amended by Stats. 2025, Ch. 401, Sec. 14. (AB 1520) Effective January 1, 2026.)
  9. 1228.6.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2.7. Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses [1228 - 1229.1] ( Heading of Article 2.7 amended by Stats. 2011, Ch. 579, Sec. 1. )

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    The board must set reasonable general conditions for these water appropriations and give registrants a written statement of those conditions after registration events.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2.7. Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses [1228 - 1229.1] ( Heading of Article 2.7 amended by Stats. 2011, Ch. 579, Sec. 1. ) ## 1228.6. (a) The board shall establish, and may from time to time revise, reasonable general conditions to which all appropriations made pursuant to this article shall be subject. The conditions shall include, but shall not be limited to, the following: (1) The appropriation is subject to prior rights. (2) All conditions lawfully required by the Department of Fish and Wildlife are conditions upon the appropriations. (3) Diversion works shall be constructed and water applied to beneficial use with due diligence. (4) Registration shall be renewed and water use reported pursuant to law and to the rules of the board. (b) Immediately upon registration pursuant to Section 1228.3, renewal of registration pursuant to Section 1228.5, or amended registration pursuant to Section 1228.7, the board shall provide the registrant with a written document setting forth the conditions required by this section, and the perfection and exercise of rights acquired pursuant to this article shall at all times be subject to those conditions. (c) The conditions required by this section shall be deemed “terms and conditions” within the meaning of Section 1825 and the expression of legislative intent contained in that section shall be applicable thereto. The authority of the board to enforce the terms and conditions of permits and licenses to appropriate water, and to prevent the unlawful diversion of water, including, but not limited to, provisions regarding cease and desist orders and the revocation of permits and licenses, shall be applicable to appropriations initiated or perfected pursuant to this article. (Amended by Stats. 2015, Ch. 683, Sec. 48. (SB 798) Effective January 1, 2016.)
  10. 1228.7.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2.7. Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses [1228 - 1229.1] ( Heading of Article 2.7 amended by Stats. 2011, Ch. 579, Sec. 1. )

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    A registrant may change the point of diversion or place of use by filing an amended registration with the board and paying the fee, but the use purpose cannot change and the change cannot injure other legal water users.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2.7. Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses [1228 - 1229.1] ( Heading of Article 2.7 amended by Stats. 2011, Ch. 579, Sec. 1. ) ## 1228.7. (a) A registrant may change the point of diversion or place of use by delivering to the board an amended registration form in accordance with Section 1228.3, including payment of the registration fee specified in Section 1525, except that the purpose of the use shall not be changed and the change shall not operate to the injury of any legal user of the water involved. (b) A completed amended registration of water use continues in effect the priority of right as of the date of the original completed registration. (c) All provisions of this article regarding appropriations made pursuant thereto, including, but not limited to, provisions regarding enforcement, are applicable to the appropriation as described in the completed amended registration, except that the conditions established by the board pursuant to Section 1228.6 that are in effect at the time of completion of the amended registration shall supersede the conditions that were applicable to the original completed registration. (Amended by Stats. 2010, Ch. 288, Sec. 9. (SB 1169) Effective January 1, 2011.)
  11. 1229.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2.7. Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses [1228 - 1229.1] ( Heading of Article 2.7 amended by Stats. 2011, Ch. 579, Sec. 1. )

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    The board does not have to adopt general conditions for small irrigation use until funds are available, and small irrigation registrations are not authorized until those conditions are established.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2.7. Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses [1228 - 1229.1] ( Heading of Article 2.7 amended by Stats. 2011, Ch. 579, Sec. 1. ) ## 1229. (a) The board is not required to adopt general conditions for small irrigation use pursuant to subdivision (a) of Section 1228.6 until the board determines that funds are available for that purpose. (b) A registration for small irrigation use pursuant to this article is not authorized until the board establishes general conditions for small irrigation use pursuant to subdivision (a) of Section 1228.6 to protect instream beneficial uses. (c) The board may establish general conditions for some methods of diversion or categories of small irrigation use before establishing general conditions for other methods or categories, in which case a registration for small irrigation use is authorized only for those methods or categories for which the board has established the general conditions for the protection of instream beneficial uses. (Amended by Stats. 2015, Ch. 683, Sec. 49. (SB 798) Effective January 1, 2016.)
  12. 1229.1.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2.7. Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses [1228 - 1229.1] ( Heading of Article 2.7 amended by Stats. 2011, Ch. 579, Sec. 1. )

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    This article does not apply to certain stream segments with proposed streamflow requirements, but it still applies to registrations filed before those requirements are established. Renewal conditions may include fish-and-wildlife-protective conditions set by the Department of Fish and Wildlife.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2.7. Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses [1228 - 1229.1] ( Heading of Article 2.7 amended by Stats. 2011, Ch. 579, Sec. 1. ) ## 1229.1. (a) This article does not apply to those stream segments for which the Director of Fish and Wildlife establishes proposed streamflow requirements pursuant to Section 10002 of the Public Resources Code, notwithstanding the July 1, 1989, deadline for preparation of the requirements. (b) Notwithstanding subdivision (a), this article applies to a registration filed before the Director of Fish and Wildlife establishes proposed streamflow requirements for the source of water supply for the registration. The conditions for renewal under subdivision (c) of Section 1228.5 may include any conditions the Department of Fish and Wildlife determines to be necessary to protect stream-related fish and wildlife resources on a source of water supply for which the Director of Fish and Wildlife has established proposed streamflow requirements pursuant to Section 10002 of the Public Resources Code. (Amended by Stats. 2015, Ch. 683, Sec. 50. (SB 798) Effective January 1, 2016.)
  13. 123.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. )

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    The Department of Water Resources takes over specified powers, duties, responsibilities, and jurisdiction, with listed exceptions.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## 123. Except as provided in Section 179, the department succeeds to and is vested with all of the powers, duties, purposes, responsibilities, and jurisdiction in matters pertaining to water or dams vested in the Department and Director of Public Works, the Division of Water Resources of the Department of Public Works, the State Engineer, the Water Project Authority of the State of California, or any officer of employee thereof. The department also succeeds to and is vested with all of the powers, duties, purposes, responsibilities, and jurisdiction of the Department of Finance under Part 2 (commencing at Section 10500) of Division 6. The department succeeds to and is vested with all of the powers, duties, purposes, responsibilities, and jurisdiction vested in the State Water Resources Board, except as provided in Article 2 (commencing at Section 150) of Chapter 2 of this division. Any commission or other body heretofore or hereafter created by the Legislature to formulate a compact with a similar commission or body from another state relative to the distribution and use of the waters of any interstate streams or bodies of water, including but not limited to the California Klamath River Commission and the California-Nevada Interstate Compact Commission, shall, in formulating a provision in any such compact for the administration of the terms of the compact, provide that the Department of Water Resources shall be the representative of the State of California for the purpose of such administration. (Added by renumbering Section 153 by Stats. 1957, Ch. 1932.)
  14. 1230.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Appropriation from Interstate Streams [1230 - 1231] ( Article 3 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    If interstate waters have been allocated by compact, Supreme Court decree, or another proper method, the board must act consistently with California’s rights and responsibilities under that allocation.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Appropriation from Interstate Streams [1230 - 1231] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 1230. If the waters of an interstate body of water have been allocated between California and another state or Indian tribe by a compact, United States Supreme Court decree, or other appropriate method of allocating interstate waters, the board shall exercise its authority under this division in a manner consistent with the rights and responsibilities of the State of California under that interstate allocation and Section 1231 does not apply to the extent it is inconsistent with that interstate allocation. (Repealed and added by Stats. 2014, Ch. 274, Sec. 3. (AB 2759) Effective January 1, 2015.)
  15. 12300.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.8. DELTA FLOOD PROTECTION [12300 - 12318] ( Part 4.8 added by Stats. 1988, Ch. 28, Sec. 3. ) ## CHAPTER 1. Delta Flood Protection Fund [12300 - 12303] ( Chapter 1 added by Stats. 1988, Ch. 28, Sec. 3. )

    Verify source ↗

    Creates the Delta Flood Protection Fund in the State Treasury and describes how money is to be deposited, appropriated, and carried over.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.8. DELTA FLOOD PROTECTION [12300 - 12318] ( Part 4.8 added by Stats. 1988, Ch. 28, Sec. 3. ) ## CHAPTER 1. Delta Flood Protection Fund [12300 - 12303] ( Chapter 1 added by Stats. 1988, Ch. 28, Sec. 3. ) ## 12300. (a) The Delta Flood Protection Fund is hereby created in the State Treasury. There shall be deposited in the fund all moneys appropriated to the fund, including authorized proceeds from the sale of bonds, and all income derived from the investment of moneys that are in the fund. (b) It is the intent of the Legislature to appropriate, in accordance with Section 12938, twelve million dollars ($12,000,000) each year through fiscal year 1998–99 to the Delta Flood Protection Fund from moneys deposited in the California Water Fund pursuant to subdivision (b) of Section 6217 of the Public Resources Code. It is further the intent of the Legislature to appropriate annually moneys in the Delta Flood Protection Fund to the department for expenditure and allocation, without regard to fiscal years, in the following amounts and for the following purposes: (1) Six million dollars ($6,000,000) annually for local assistance under the delta levee maintenance subventions program pursuant to Part 9 (commencing with Section 12980), and for the administration thereof. (2) Six million dollars ($6,000,000) annually for special delta flood protection projects under Chapter 2 (commencing with Section 12310) and subsidence studies and monitoring, and the administration thereof. These funds shall only be allocated for projects on Bethel, Bradford, Holland, Hotchkiss, Jersey, Sherman, Twitchell, and Webb Islands, and at other locations in the delta and for the Towns of Thornton and Walnut Grove and for approximately 12 miles of levees on islands bordering the Northern Suisun Bay from Van Sickle Island westerly to Montezuma Slough. (3) Additional moneys as they may become available from proceeds from the sale of bonds issued by the state. (c) Any moneys unexpended at the end of a fiscal year shall revert to the Delta Flood Protection Fund and shall be available for appropriation by the Legislature for the purposes specified in subdivision (b). (d) It is the intent of the Legislature that, to the extent consistent with Sections 12314, 12987, and 78543, projects funded under subdivision (b) shall be consistent with the delta ecosystem restoration strategy of the CALFED Bay-Delta Program. (Amended by Stats. 2006, Ch. 548, Sec. 2. Effective September 28, 2006.)
  16. 12301.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.8. DELTA FLOOD PROTECTION [12300 - 12318] ( Part 4.8 added by Stats. 1988, Ch. 28, Sec. 3. ) ## CHAPTER 1. Delta Flood Protection Fund [12300 - 12303] ( Chapter 1 added by Stats. 1988, Ch. 28, Sec. 3. )

    Verify source ↗

    The Delta Flood Protection Fund is abolished on July 1, 2010, and any unencumbered money in the fund is transferred to the General Fund.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.8. DELTA FLOOD PROTECTION [12300 - 12318] ( Part 4.8 added by Stats. 1988, Ch. 28, Sec. 3. ) ## CHAPTER 1. Delta Flood Protection Fund [12300 - 12303] ( Chapter 1 added by Stats. 1988, Ch. 28, Sec. 3. ) ## 12301. The Delta Flood Protection Fund is hereby abolished on July 1, 2010, and all unencumbered moneys in the fund are transferred to the General Fund. (Amended by Stats. 2006, Ch. 548, Sec. 3. Effective September 28, 2006.)
  17. 12303.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.8. DELTA FLOOD PROTECTION [12300 - 12318] ( Part 4.8 added by Stats. 1988, Ch. 28, Sec. 3. ) ## CHAPTER 1. Delta Flood Protection Fund [12300 - 12303] ( Chapter 1 added by Stats. 1988, Ch. 28, Sec. 3. )

    Verify source ↗

    This section sets rules for funding the Delta Flood Protection Fund and lets certain state officials recommend or accelerate payments and funding sources.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.8. DELTA FLOOD PROTECTION [12300 - 12318] ( Part 4.8 added by Stats. 1988, Ch. 28, Sec. 3. ) ## CHAPTER 1. Delta Flood Protection Fund [12300 - 12303] ( Chapter 1 added by Stats. 1988, Ch. 28, Sec. 3. ) ## 12303. (a) It is the intent of the Legislature that, subject to subdivision (b) of Section 12929.12, if twelve million dollars ($12,000,000) or any lesser amount is transferred pursuant to paragraph (3) of subdivision (b) of Section 12937 to the California Water Fund from the California Water Resources Development Bond Fund in each of the fiscal years 1990–91 to 1997–98, inclusive, and if six million dollars ($6,000,000) or any lesser amount is so transferred in the 1998–99 fiscal year, that amount shall be appropriated to the Delta Flood Protection Fund for the purposes specified in subdivision (b) of Section 12300, in lieu of the funds deposited in the California Water Fund pursuant to subdivision (b) of Section 6217 of the Public Resources Code. However, that the director, in consultation with the Department of Finance, may accelerate payments to the California Water Fund for reappropriation to the Delta Flood Protection Fund if the director deems it appropriate to do so. (b) The obligation of the State Water Resources Development System to reimburse the California Water Fund, pursuant to paragraph (3) of subdivision (b) of Section 12937, shall decrease by amounts equal to the amounts which are transferred from the California Water Resources Development Bond Fund to the California Water Fund and appropriated to the Delta Flood Protection Fund pursuant to subdivision (a). (c) For any fiscal year, the Director of Finance, in consultation with the Director of Water Resources, may recommend in the Budget Act a source of funding for the Delta Flood Protection Fund which is different from that set forth in subdivision (a). If the Legislature approves the alternative source of funding, the portion of the State Water Resources Development System obligation specified in subdivision (b) which remains outstanding because of the selection of the alternative funding source shall be discharged pursuant to subdivision (b) of Section 11913. (d) It is the intent of the Legislature, upon the creation of the Delta Levee Rehabilitation Subaccount pursuant to Section 78540, as proposed to be added by S.B. 900 of the 1995–96 Regular Session, that subdivisions (a), (b), and (c) shall not apply to the Delta Levee Rehabilitation Subaccount and that the funds of the subaccount shall be available to fund equally both of the following: (1) The delta levee maintenance subventions program pursuant to Part 9 (commencing with Section 12980), associated mitigation and habitat improvement programs, and the administration thereof. (2) The special delta flood protection projects pursuant to Chapter 2 (commencing with Section 12310), associated mitigation and habitat improvement programs, and the administration thereof. (Amended by Stats. 1996, Ch. 601, Sec. 3. Effective January 1, 1997.)
  18. 12306.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.8. DELTA FLOOD PROTECTION [12300 - 12318] ( Part 4.8 added by Stats. 1988, Ch. 28, Sec. 3. ) ## CHAPTER 1.5. Environmental Mitigation and Protection Requirements [12306 - 12307] ( Chapter 1.5 added by Stats. 1991, Ch. 1140, Sec. 1. )

    Verify source ↗

    This chapter applies to certain special flood control projects and to delta levee subvention payments.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.8. DELTA FLOOD PROTECTION [12300 - 12318] ( Part 4.8 added by Stats. 1988, Ch. 28, Sec. 3. ) ## CHAPTER 1.5. Environmental Mitigation and Protection Requirements [12306 - 12307] ( Chapter 1.5 added by Stats. 1991, Ch. 1140, Sec. 1. ) ## 12306. This chapter applies to special flood control projects subject to Chapter 2 (commencing with Section 12310) and to the payment of delta levee subventions under Part 9 (commencing with Section 12980). (Added by Stats. 1991, Ch. 1140, Sec. 1.)
  19. 12306.5.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.8. DELTA FLOOD PROTECTION [12300 - 12318] ( Part 4.8 added by Stats. 1988, Ch. 28, Sec. 3. ) ## CHAPTER 1.5. Environmental Mitigation and Protection Requirements [12306 - 12307] ( Chapter 1.5 added by Stats. 1991, Ch. 1140, Sec. 1. )

    Verify source ↗

    The Resources Agency must supervise implementation of the programs covered by this chapter.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.8. DELTA FLOOD PROTECTION [12300 - 12318] ( Part 4.8 added by Stats. 1988, Ch. 28, Sec. 3. ) ## CHAPTER 1.5. Environmental Mitigation and Protection Requirements [12306 - 12307] ( Chapter 1.5 added by Stats. 1991, Ch. 1140, Sec. 1. ) ## 12306.5. The Resources Agency shall supervise the implementation of the programs subject to this chapter. (Added by Stats. 1991, Ch. 1140, Sec. 1.)
  20. 12307.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.8. DELTA FLOOD PROTECTION [12300 - 12318] ( Part 4.8 added by Stats. 1988, Ch. 28, Sec. 3. ) ## CHAPTER 1.5. Environmental Mitigation and Protection Requirements [12306 - 12307] ( Chapter 1.5 added by Stats. 1991, Ch. 1140, Sec. 1. )

    Verify source ↗

    Several state agencies must enter into a memorandum of understanding to coordinate programs under this chapter, and that memorandum must require the Department of Fish and Game to enforce mitigation requirements.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.8. DELTA FLOOD PROTECTION [12300 - 12318] ( Part 4.8 added by Stats. 1988, Ch. 28, Sec. 3. ) ## CHAPTER 1.5. Environmental Mitigation and Protection Requirements [12306 - 12307] ( Chapter 1.5 added by Stats. 1991, Ch. 1140, Sec. 1. ) ## 12307. (a) The Resources Agency, the department, the Reclamation Board, and the Department of Fish and Game shall enter into a memorandum of understanding to coordinate the implementation of the programs subject to this chapter. (b) The memorandum of understanding shall provide that the Department of Fish and Game shall enforce any mitigation requirements involving programs subject to this chapter. (Added by Stats. 1991, Ch. 1140, Sec. 1.)
  21. 1231.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Appropriation from Interstate Streams [1230 - 1231] ( Article 3 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    Some interstate water appropriation rights are treated the same as if the diversion and use were in California, if the other state gives similar rights the same effect.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Appropriation from Interstate Streams [1230 - 1231] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 1231. (a) A right of appropriation from a stream that flows across the state boundary that has the point of diversion and the place of use in another state and is recognized by the laws of that state shall have the same force and effect as if the point of diversion and the place of use were in this State if the laws of that state give like force and effect to similar rights acquired in this State. (b) Subdivision (a) does not apply to interstate lakes, or streams flowing in or out of those lakes. Subdivision (a) applies where an appropriation or change in point of diversion, place of use, or purpose of use is proposed or made under either of the following: (1) A right to the use of waters from the Truckee River if the appropriation or change is made pursuant to the operating agreement described in Section 205(a) of Public Law 101-618. (2) A right to the use of waters from the Walker River and its tributaries if the appropriation or change is not inconsistent with the decree entered in United States v. Walker River Irrigation District, et. al. United States District Court for the District of Nevada Equity No. C-125, filed April 15, 1936, including any amendments to that decree entered before or after January 1, 2015. (Amended by Stats. 2014, Ch. 274, Sec. 4. (AB 2759) Effective January 1, 2015.)
  22. 12310.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.8. DELTA FLOOD PROTECTION [12300 - 12318] ( Part 4.8 added by Stats. 1988, Ch. 28, Sec. 3. ) ## CHAPTER 2. Special Flood Control Projects [12310 - 12318] ( Chapter 2 added by Stats. 1988, Ch. 28, Sec. 3. )

    Verify source ↗

    This section defines several terms used in this chapter, including “Local public agency,” “Project,” “Department,” “Delta,” “Net long-term habitat improvement,” and “CALFED Bay Delta Program.”

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.8. DELTA FLOOD PROTECTION [12300 - 12318] ( Part 4.8 added by Stats. 1988, Ch. 28, Sec. 3. ) ## CHAPTER 2. Special Flood Control Projects [12310 - 12318] ( Chapter 2 added by Stats. 1988, Ch. 28, Sec. 3. ) ## 12310. As used in this chapter, the following terms have the following meanings: (a) “Local public agency” means a reclamation district or levee district or other public agency responsible for the maintenance of a nonproject levee as defined in subdivision (e) of Section 12980 or a project levee as defined in subdivision (f) of Section 12980. (b) “Project” means the flood control improvement and any mitigation and habitat improvement constructed, or interests in land acquired, for those purposes pursuant to this part. (c) “Department” means the Department of Water Resources. (d) “Delta” means the Sacramento-San Joaquin Delta as described in Section 12220. (e) “Net long-term habitat improvement” means enhancement of riparian, fisheries, and wildlife habitat. (f) “CALFED Bay Delta Program” or “CALFED program” means the program established in May 1995 as a joint effort among state and federal agencies with management and regulatory responsibilities in the San Francisco Bay and Sacramento-San Joaquin River Delta to develop long-term solutions to resource management problems involving the bay-delta. (Amended by Stats. 1999, Ch. 779, Sec. 4. Effective October 10, 1999.)
  23. 12311.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.8. DELTA FLOOD PROTECTION [12300 - 12318] ( Part 4.8 added by Stats. 1988, Ch. 28, Sec. 3. ) ## CHAPTER 2. Special Flood Control Projects [12310 - 12318] ( Chapter 2 added by Stats. 1988, Ch. 28, Sec. 3. )

    Verify source ↗

    The department must develop and implement a flood control program for specified delta and island locations, and it must also develop and submit a flood control plan for Thornton and Walnut Grove by January 1, 1989.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.8. DELTA FLOOD PROTECTION [12300 - 12318] ( Part 4.8 added by Stats. 1988, Ch. 28, Sec. 3. ) ## CHAPTER 2. Special Flood Control Projects [12310 - 12318] ( Chapter 2 added by Stats. 1988, Ch. 28, Sec. 3. ) ## 12311. (a) The department shall develop and implement a program of flood control projects on Bethel, Bradford, Holland, Hotchkiss, Jersey, Sherman, Twitchell, and Webb Islands, and at other locations in the delta and for the Towns of Thornton and Walnut Grove, and for approximately 12 miles of levees on islands bordering Northern Suisun Bay from Van Sickle Island westerly to Montezuma Slough. This program shall have, as its primary purpose, the protection of discrete and identifiable public benefits, including the protection of public highways and roads, utility lines and conduits, and other public facilities, and the protection of urbanized areas, water quality, recreation, navigation, and fish and wildlife habitats, and other public benefits. The program shall also include net long-term habitat improvement. (b) Notwithstanding subdivision (a), the department shall develop and recommend a plan of action, including alternatives, for flood control for the Towns of Thornton and Walnut Grove and shall submit the plan to the Legislature by January 1, 1989. The department shall not allocate any funds for implementation of the plan of action for flood control for the Towns of Thornton and Walnut Grove until a plan is approved by the Legislature. (Amended by Stats. 1996, Ch. 601, Sec. 5. Effective January 1, 1997.)
  24. 12312.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.8. DELTA FLOOD PROTECTION [12300 - 12318] ( Part 4.8 added by Stats. 1988, Ch. 28, Sec. 3. ) ## CHAPTER 2. Special Flood Control Projects [12310 - 12318] ( Chapter 2 added by Stats. 1988, Ch. 28, Sec. 3. )

    Verify source ↗

    The department may spend certain available funds for this part, and must seek cost sharing and federal financial assistance for flood protection projects.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.8. DELTA FLOOD PROTECTION [12300 - 12318] ( Part 4.8 added by Stats. 1988, Ch. 28, Sec. 3. ) ## CHAPTER 2. Special Flood Control Projects [12310 - 12318] ( Chapter 2 added by Stats. 1988, Ch. 28, Sec. 3. ) ## 12312. The department may expend any moneys available to it pursuant to paragraph (2) of subdivision (b) of Section 12300 or any moneys available from other sources of funding appropriated by the Legislature for the purposes of this part. In addition, the department shall seek a sharing of costs with the beneficiaries or owners or operators of the public facilities benefited by the flood protection projects. The department shall also seek cost sharing with, or financial assistance from, federal agencies which have programs applicable to, or which have an interest in, the flood protection projects. (Amended by Stats. 1996, Ch. 601, Sec. 6. Effective January 1, 1997.)
  25. 12313.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.8. DELTA FLOOD PROTECTION [12300 - 12318] ( Part 4.8 added by Stats. 1988, Ch. 28, Sec. 3. ) ## CHAPTER 2. Special Flood Control Projects [12310 - 12318] ( Chapter 2 added by Stats. 1988, Ch. 28, Sec. 3. )

    Verify source ↗

    The department must create a priority list of flood-control areas, consult relevant agencies, and submit the list to the California Water Commission for approval.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.8. DELTA FLOOD PROTECTION [12300 - 12318] ( Part 4.8 added by Stats. 1988, Ch. 28, Sec. 3. ) ## CHAPTER 2. Special Flood Control Projects [12310 - 12318] ( Chapter 2 added by Stats. 1988, Ch. 28, Sec. 3. ) ## 12313. (a) The department shall develop a list of areas where flood control work is needed to protect public facilities or provide public benefits. In developing the list, the department shall consult with all appropriate federal, state, and local agencies. The list shall establish a priority for the areas based upon both of the following: (1) The importance or degree of public benefit needing protection. (2) The need for flood protective work. (b) The list shall be submitted to the California Water Commission for approval, and shall be updated by the department, with the approval of the California Water Commission, as the department may deem appropriate. (Added by Stats. 1988, Ch. 28, Sec. 3. Effective March 14, 1988.)
  26. 12314.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.8. DELTA FLOOD PROTECTION [12300 - 12318] ( Part 4.8 added by Stats. 1988, Ch. 28, Sec. 3. ) ## CHAPTER 2. Special Flood Control Projects [12310 - 12318] ( Chapter 2 added by Stats. 1988, Ch. 28, Sec. 3. )

    Verify source ↗

    The department must develop flood protection project plans with local and state partners, and the Fish and Game department must review habitat impacts and cannot approve certain damaging plans unless fully mitigated.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.8. DELTA FLOOD PROTECTION [12300 - 12318] ( Part 4.8 added by Stats. 1988, Ch. 28, Sec. 3. ) ## CHAPTER 2. Special Flood Control Projects [12310 - 12318] ( Chapter 2 added by Stats. 1988, Ch. 28, Sec. 3. ) ## 12314. (a) Guided by the approved priority list developed pursuant to Section 12313, the department shall develop project plans to accomplish the needed flood protection work in cooperation with the local public agency, the public beneficiary, and the Department of Fish and Game. (b) The plans shall be subject to the approval of the appropriate local public agency or agencies and subject to any cost-sharing agreement the department may have entered into under Section 12312. Project plans may include, or be a combination of, the improvement, rehabilitation, or modification of existing levees, and the conveyance of interests in land to limit or to modify land management practices which have a negative impact on flood control facilities. (c) Project plans shall include provision for the protection of fish and wildlife habitat determined to be necessary by the Department of Fish and Game and not injurious to the integrity of flood control works. The Department of Fish and Game shall consider the value of the riparian and fisheries habitat and the need to provide greater flood protection in preparing its requirements, and shall not approve any plan which calls for the use of channel islands or berms with significant riparian communities as borrow sites for levee repair materials, unless fully mitigated, or any plans that will result in a net long-term loss of riparian, fisheries, or wildlife habitat. (d) After the memorandum of understanding required pursuant to Section 12307 is amended as required by Section 78543, the Department of Fish and Game shall also make a written determination as part of its review and approval of a plan or project pursuant to this section and Section 12987 that the proposed expenditures are consistent with a net long-term habitat improvement program and have a net benefit for aquatic species in the delta. The memorandum of understanding in effect prior to the amendments required by Section 78543 shall remain in effect with regard to levee projects and plans until the memorandum of understanding is amended. (Amended by Stats. 1996, Ch. 601, Sec. 7. Effective January 1, 1997.)
  27. 12315.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.8. DELTA FLOOD PROTECTION [12300 - 12318] ( Part 4.8 added by Stats. 1988, Ch. 28, Sec. 3. ) ## CHAPTER 2. Special Flood Control Projects [12310 - 12318] ( Chapter 2 added by Stats. 1988, Ch. 28, Sec. 3. )

    Verify source ↗

    Project works must follow the approved project plans. The department may do the work itself, or let a local public agency do it under an agreement.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.8. DELTA FLOOD PROTECTION [12300 - 12318] ( Part 4.8 added by Stats. 1988, Ch. 28, Sec. 3. ) ## CHAPTER 2. Special Flood Control Projects [12310 - 12318] ( Chapter 2 added by Stats. 1988, Ch. 28, Sec. 3. ) ## 12315. Projects shall be undertaken and completed in accordance with the approved project plans. Project works may be undertaken by the department or, at the department’s option, by the local public agency pursuant to an agreement with the department. (Added by Stats. 1988, Ch. 28, Sec. 3. Effective March 14, 1988.)
  28. 12316.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.8. DELTA FLOOD PROTECTION [12300 - 12318] ( Part 4.8 added by Stats. 1988, Ch. 28, Sec. 3. ) ## CHAPTER 2. Special Flood Control Projects [12310 - 12318] ( Chapter 2 added by Stats. 1988, Ch. 28, Sec. 3. )

    Verify source ↗

    A local public agency must carry out several flood-control project duties, including access, maintenance, disaster-assistance application, liability protection, easements, habitat mitigation, and subsidence-control measures.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.8. DELTA FLOOD PROTECTION [12300 - 12318] ( Part 4.8 added by Stats. 1988, Ch. 28, Sec. 3. ) ## CHAPTER 2. Special Flood Control Projects [12310 - 12318] ( Chapter 2 added by Stats. 1988, Ch. 28, Sec. 3. ) ## 12316. In addition to any obligations assumed under an agreement with the department and to the extent consistent with that agreement, the local public agency shall do all of the following: (a) Provide construction access to lands or rights-of-way which it owns or maintains for flood control purposes or for purposes with which the project’s required uses are compatible and necessary to complete the project. (b) Maintain the completed project pursuant to maintenance criteria developed and adopted in accordance with Section 12984. (c) Apply for federal disaster assistance, whenever eligible, under Public Law 93-288. (d) Hold and save the department, any other agency or department of the state, and their employees free from any and all liability for damages, except that caused by gross negligence, that may arise out of the construction, operation, or maintenance of the project. (e) Acquire easements from the crown along levees for the control and reversal of subsidence in areas where the department determines that such an easement is desirable to maintain structural stability of the levee. The easement shall (1) restrict the use of the land to open-space uses, nontillable crops, the propagation of wildlife habitat, and other compatible uses, (2) provide full access to the local agency for levee maintenance and improvement purposes, and (3) allow the owner to retain reasonable rights of ingress and egress as well as reasonable rights of access to the waterways for water supply and drainage. The local public agency costs of acquisition of the easements shall be reimbursable by the department from moneys appropriated pursuant to paragraph (2) of subdivision (b) of Section 12300 or any sources of funding appropriated by the Legislature for purposes of this part. (f) Comply with all habitat mitigation and improvement requirements pursuant to this part. (g) Use subsidence control alternatives, where appropriate, to reduce long-term maintenance and improvement costs. (Amended by Stats. 1996, Ch. 601, Sec. 8. Effective January 1, 1997.)
  29. 12318.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.8. DELTA FLOOD PROTECTION [12300 - 12318] ( Part 4.8 added by Stats. 1988, Ch. 28, Sec. 3. ) ## CHAPTER 2. Special Flood Control Projects [12310 - 12318] ( Chapter 2 added by Stats. 1988, Ch. 28, Sec. 3. )

    Verify source ↗

    The Resources Agency may create a multi-agency team to develop recommendations for reusing dredged material, and those recommendations must address listed dredging, reuse, monitoring, and study needs.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.8. DELTA FLOOD PROTECTION [12300 - 12318] ( Part 4.8 added by Stats. 1988, Ch. 28, Sec. 3. ) ## CHAPTER 2. Special Flood Control Projects [12310 - 12318] ( Chapter 2 added by Stats. 1988, Ch. 28, Sec. 3. ) ## 12318. (a) The Resources Agency may establish a team of federal, state, and local agencies, and other persons or entities with a stake in finding a solution to the problems of the delta levees, to develop recommendations for the beneficial reuse of dredged material, consistent with actions identified by the CALFED Bay-Delta Program as core actions, which are those actions included in all bay-delta solutions. The recommendations shall address all of the following needs: (1) Long-term availability of cost-effective, environmentally safe, and appropriate dredged material for delta levee maintenance and improvements. (2) Beneficial reuse of dredged or suitable alternative materials. (3) Coordination of dredging projects to augment on-island stockpiles. (4) Development of a comprehensive monitoring program of the effects of the reuse of dredged material. (5) A study of the applicability and appropriateness of constructing channel sediment traps and dredged material rehandling facilities adjacent to frequently dredged channel sections. (Added by Stats. 1996, Ch. 601, Sec. 9. Effective January 1, 1997.)
  30. 124.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. )

    Verify source ↗

    This section says certain Government Code rules apply to the Department of Water Resources unless they conflict with the Water Code, and that “head of the department” means the director.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## 124. Except to the extent inconsistent with the provisions of this code, the provisions of Chapter 2 (commencing at Section 11150), Part 1, Division 3, Title 2 of the Government Code shall govern and apply to the conduct of the Department of Water Resources in every respect the same as if such provisions were herein set forth at length, and whenever in that chapter the term “head of the department” or similar designation occurs, for the purposes of this section it shall mean the director. (Added by Stats. 1957, Ch. 1932.)
  31. 1240.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Beneficial Use [1240 - 1244] ( Article 4 enacted by Stats. 1943, Ch. 368. )

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    Water appropriation must serve a useful or beneficial purpose, and the right ends if that use stops.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Beneficial Use [1240 - 1244] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 1240. The appropriation must be for some useful or beneficial purpose, and when the appropriator or his successor in interest ceases to use it for such a purpose the right ceases. (Enacted by Stats. 1943, Ch. 368.)
  32. 12400.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.9. The Open and Transparent Water Data Act [12400 - 12420] ( Part 4.9 added by Stats. 2016, Ch. 506, Sec. 1. ) ## CHAPTER 1. General Provisions [12400 - 12402] ( Chapter 1 added by Stats. 2016, Ch. 506, Sec. 1. )

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    This part may be cited as the Open and Transparent Water Data Act.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.9. The Open and Transparent Water Data Act [12400 - 12420] ( Part 4.9 added by Stats. 2016, Ch. 506, Sec. 1. ) ## CHAPTER 1. General Provisions [12400 - 12402] ( Chapter 1 added by Stats. 2016, Ch. 506, Sec. 1. ) ## 12400. This part shall be known, and may be cited, as the Open and Transparent Water Data Act. (Added by Stats. 2016, Ch. 506, Sec. 1. (AB 1755) Effective January 1, 2017.)
  33. 12401.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.9. The Open and Transparent Water Data Act [12400 - 12420] ( Part 4.9 added by Stats. 2016, Ch. 506, Sec. 1. ) ## CHAPTER 1. General Provisions [12400 - 12402] ( Chapter 1 added by Stats. 2016, Ch. 506, Sec. 1. )

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    The Legislature states policy findings supporting wider public access to California water data and an integrated open data platform.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.9. The Open and Transparent Water Data Act [12400 - 12420] ( Part 4.9 added by Stats. 2016, Ch. 506, Sec. 1. ) ## CHAPTER 1. General Provisions [12400 - 12402] ( Chapter 1 added by Stats. 2016, Ch. 506, Sec. 1. ) ## 12401. The Legislature finds and declares all of the following: (a) The recent drought reveals that California needs to integrate existing water and ecological data into an authoritative open-access platform to help water managers operate California’s water system more effectively and help water users make informed decisions based on water availability and allocation. (b) State and federal leadership, increased awareness by business, governmental, and nongovernmental organizations through open and transparent access to data, and improved technology and availability of open-source platforms create a unique opportunity that California should seize upon to integrate and increase access to existing water data. (c) California is working to increase access to water data collected by state agencies. The state board is piloting a project to make water quality datasets available online through an open data portal. The portal creates an opportunity to foster collaboration among state agencies, share and integrate existing datasets, improve state agency operations through data-driven decisionmaking, and improve transparency and accountability. (d) State agencies should promote openness and interoperability of water data. Making information accessible, discoverable, and usable by the public can foster entrepreneurship, innovation, and scientific discovery. (e) Water data and information technology tools and applications developed and gathered using state funds should be made publicly accessible. State delegation of data management to contractors should not result in the public losing access to its own information. (f) The availability of open-source tools makes it easier to access and explore water and ecological data and could facilitate the creation of an online integrated water data platform without the need to create an expensive new centralized database. (Added by Stats. 2016, Ch. 506, Sec. 1. (AB 1755) Effective January 1, 2017.)
  34. 12402.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.9. The Open and Transparent Water Data Act [12400 - 12420] ( Part 4.9 added by Stats. 2016, Ch. 506, Sec. 1. ) ## CHAPTER 1. General Provisions [12400 - 12402] ( Chapter 1 added by Stats. 2016, Ch. 506, Sec. 1. )

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    This section defines key terms used in this part of the Water Code.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.9. The Open and Transparent Water Data Act [12400 - 12420] ( Part 4.9 added by Stats. 2016, Ch. 506, Sec. 1. ) ## CHAPTER 1. General Provisions [12400 - 12402] ( Chapter 1 added by Stats. 2016, Ch. 506, Sec. 1. ) ## 12402. Unless the context otherwise requires, the following definitions govern the construction of this part: (a) “Department” means the Department of Water Resources. (b) “Metadata” means data that describes data. (c) “Platform” means the statewide integrated water data platform described in Section 12415. (d) “State board” means the State Water Resources Control Board. (Added by Stats. 2016, Ch. 506, Sec. 1. (AB 1755) Effective January 1, 2017.)
  35. 12405.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.9. The Open and Transparent Water Data Act [12400 - 12420] ( Part 4.9 added by Stats. 2016, Ch. 506, Sec. 1. ) ## CHAPTER 2. Statewide Water Data Integration [12405 - 12415] ( Chapter 2 added by Stats. 2016, Ch. 506, Sec. 1. ) ## ARTICLE 1. General Provisions [12405 - 12406] ( Article 1 added by Stats. 2016, Ch. 506, Sec. 1. )

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    The department, the state board, and the Department of Fish and Wildlife must coordinate and integrate existing water and ecological data from local, state, and federal agencies.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.9. The Open and Transparent Water Data Act [12400 - 12420] ( Part 4.9 added by Stats. 2016, Ch. 506, Sec. 1. ) ## CHAPTER 2. Statewide Water Data Integration [12405 - 12415] ( Chapter 2 added by Stats. 2016, Ch. 506, Sec. 1. ) ## ARTICLE 1. General Provisions [12405 - 12406] ( Article 1 added by Stats. 2016, Ch. 506, Sec. 1. ) ## 12405. The department, the state board, and the Department of Fish and Wildlife shall coordinate and integrate existing water and ecological data from local, state, and federal agencies. The purposes for integrating water and ecological data include, but are not limited to, providing adequate information to implement the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720)), improving the management of the state’s water resources, and bringing greater transparency to water transfers and the market. (Added by Stats. 2016, Ch. 506, Sec. 1. (AB 1755) Effective January 1, 2017.)
  36. 12406.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.9. The Open and Transparent Water Data Act [12400 - 12420] ( Part 4.9 added by Stats. 2016, Ch. 506, Sec. 1. ) ## CHAPTER 2. Statewide Water Data Integration [12405 - 12415] ( Chapter 2 added by Stats. 2016, Ch. 506, Sec. 1. ) ## ARTICLE 1. General Provisions [12405 - 12406] ( Article 1 added by Stats. 2016, Ch. 506, Sec. 1. )

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    The department must develop water-data sharing protocols and report them to the Legislature by January 1, 2018. Grant or contract recipients using state funds for related water or ecological data work must follow those protocols, or they lose eligibility for state funding until they comply.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.9. The Open and Transparent Water Data Act [12400 - 12420] ( Part 4.9 added by Stats. 2016, Ch. 506, Sec. 1. ) ## CHAPTER 2. Statewide Water Data Integration [12405 - 12415] ( Chapter 2 added by Stats. 2016, Ch. 506, Sec. 1. ) ## ARTICLE 1. General Provisions [12405 - 12406] ( Article 1 added by Stats. 2016, Ch. 506, Sec. 1. ) ## 12406. (a) The department, in consultation with the California Water Quality Monitoring Council, the state board, and the Department of Fish and Wildlife, shall develop protocols for data sharing, documentation, quality control, public access, and promotion of open-source platforms and decision support tools related to water data. The department shall develop and submit to the Legislature, in compliance with Section 9795 of the Government Code and by January 1, 2018, a report describing these protocols. The report shall be developed in collaboration with the California Water Quality Monitoring Council, the state board, the Department of Fish and Wildlife, relevant federal agencies, and interested stakeholders, including, but not limited to, technology and open data experts and water data users. (b) Recipients of state funds through grants or contracts for research or projects relating to the improvement of water or ecological data shall, as a condition of the receipt of a grant or contract, adhere to the protocols developed pursuant to subdivision (a) for data sharing, transparency, documentation, and quality control. (c) A grant or contract recipient that does not comply with subdivision (b) is not eligible for state funding until the grant or contract recipient complies with those requirements. (Added by Stats. 2016, Ch. 506, Sec. 1. (AB 1755) Effective January 1, 2017.)
  37. 1241.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Beneficial Use [1240 - 1244] ( Article 4 enacted by Stats. 1943, Ch. 368. )

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    If a person with a vested water right does not beneficially use the water for five years, the unused water may revert to the public and be treated as unappropriated public water.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Beneficial Use [1240 - 1244] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 1241. If the person entitled to the use of water fails to use beneficially all or any part of the water claimed by him or her, for which a right of use has vested, for the purpose for which it was appropriated or adjudicated, for a period of five years, that unused water may revert to the public and shall, if reverted, be regarded as unappropriated public water. That reversion shall occur upon a finding by the board following notice to the permittee, licensee, or person holding a livestock stockpond certificate or small domestic use, small irrigation use, or livestock stockpond use registration under this part and a public hearing if requested by the permittee, licensee, certificate holder, or registration holder. (Amended by Stats. 2011, Ch. 579, Sec. 8. (AB 964) Effective January 1, 2012.)
  38. 1241.6.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Beneficial Use [1240 - 1244] ( Article 4 enacted by Stats. 1943, Ch. 368. )

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    If irrigated water is not used because of certain federal crop control or soil conservation contracts, or in other hardship cases the board prescribes by rule, the applicable forfeiture period can be extended.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Beneficial Use [1240 - 1244] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 1241.6. If water appropriated for irrigation purposes is not used by reason of compliance with crop control or soil conservation contracts with the United States, and in other cases of hardship as the board may by rule prescribe, the five-year forfeiture period applicable to water appropriated pursuant to the Water Commission Act or this code, and the forfeiture period applicable to water appropriated prior to December 19, 1914, shall be extended by an additional period of not more than 10 years or the duration of any crop control or soil conservation contracts with the United States if less than 10 years. (Amended by Stats. 2010, Ch. 288, Sec. 12. (SB 1169) Effective January 1, 2011.)
  39. 12410.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.9. The Open and Transparent Water Data Act [12400 - 12420] ( Part 4.9 added by Stats. 2016, Ch. 506, Sec. 1. ) ## CHAPTER 2. Statewide Water Data Integration [12405 - 12415] ( Chapter 2 added by Stats. 2016, Ch. 506, Sec. 1. ) ## ARTICLE 2. Statewide Integrated Water Data Platform Creation [12410- 12410.] ( Article 2 added by Stats. 2016, Ch. 506, Sec. 1. )

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    The department must create and run a statewide integrated water data platform and meet several publication and data-sharing deadlines.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.9. The Open and Transparent Water Data Act [12400 - 12420] ( Part 4.9 added by Stats. 2016, Ch. 506, Sec. 1. ) ## CHAPTER 2. Statewide Water Data Integration [12405 - 12415] ( Chapter 2 added by Stats. 2016, Ch. 506, Sec. 1. ) ## ARTICLE 2. Statewide Integrated Water Data Platform Creation [12410- 12410.] ( Article 2 added by Stats. 2016, Ch. 506, Sec. 1. ) ## 12410. (a) The department, in consultation with the California Water Quality Monitoring Council, the state board, and the Department of Fish and Wildlife, shall create, operate, and maintain a statewide integrated water data platform in accordance with Section 12415 and the following schedule: (1) By January 1, 2018, the department shall do both of the following: (A) Make public the protocols developed pursuant to Section 12406. (B) Publish a strategic plan for data management to guide the implementation of this part. (2) By April 1, 2018, the department shall release any request for proposals necessary for the development of a statewide integrated water data platform. (3) (A) By September 1, 2019, the department shall make available existing water and ecological data held by state agencies on the platform. (B) The department shall quarterly add the information described in subparagraph (A) not available as of September 1, 2019, that becomes available at a later date. (4) (A) By August 1, 2020, the department shall make available on the platform available water and ecological data related to California water supply and management that is held by the following agencies: (i) The United States Bureau of Reclamation. (ii) The United States Fish and Wildlife Service. (iii) The National Oceanic and Atmospheric Administration. (iv) The United States Geological Survey. (v) The United States Forest Service. (B) The department shall quarterly add the information described in subparagraph (A) not available as of August 1, 2020, that becomes available at a later date. (5) By August 1, 2020, the department shall make available on the platform any other existing information listed in Section 12415. (b) The department may partner with an existing nonprofit organization, with a new nonprofit organization that the department creates, organized under paragraph (3) of subsection (c) of Section 501 of Title 26 of the United States Code, or with another state agency to create, operate, or maintain, or any combination thereof, the platform. (c) Notwithstanding subdivision (a), the department may enter into an agreement with an existing nonprofit organization, with a new nonprofit organization that the department creates, organized under paragraph (3) of subsection (c) of Section 501 of Title 26 of the United States Code, or with another state agency for that nonprofit organization or state agency to create, operate, or maintain, or any combination thereof, the platform. (d) The Department of Technology is deemed to have delegated to the department any authority over the implementation of this part granted to it pursuant to Section 11546 of the Government Code. (e) Nothing in subdivision (a) shall prevent a state agency from disseminating, managing, or publishing data separately from the platform. (Added by Stats. 2016, Ch. 506, Sec. 1. (AB 1755) Effective January 1, 2017.)
  40. 12415.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.9. The Open and Transparent Water Data Act [12400 - 12420] ( Part 4.9 added by Stats. 2016, Ch. 506, Sec. 1. ) ## CHAPTER 2. Statewide Water Data Integration [12405 - 12415] ( Chapter 2 added by Stats. 2016, Ch. 506, Sec. 1. ) ## ARTICLE 3. Statewide Integrated Water Data Platform Features [12415- 12415.] ( Article 3 added by Stats. 2016, Ch. 506, Sec. 1. )

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    The statewide integrated water data platform must integrate and publish specified water data, follow state data protocols, and be able to accept spatial and time series data.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.9. The Open and Transparent Water Data Act [12400 - 12420] ( Part 4.9 added by Stats. 2016, Ch. 506, Sec. 1. ) ## CHAPTER 2. Statewide Water Data Integration [12405 - 12415] ( Chapter 2 added by Stats. 2016, Ch. 506, Sec. 1. ) ## ARTICLE 3. Statewide Integrated Water Data Platform Features [12415- 12415.] ( Article 3 added by Stats. 2016, Ch. 506, Sec. 1. ) ## 12415. The statewide integrated water data platform created pursuant to Section 12410 shall, at a minimum, do all of the following: (a) Integrate existing water and ecological data information from multiple autonomous databases managed by federal, state, and local agencies and academia using consistent and standardized formats. (b) Integrate the following datasets, as available: (1) The department’s information on State Water Project reservoir operations, groundwater use, groundwater levels, urban water use, and land use. (2) The state board’s data on water rights, water diversions, and water quality through California Environmental Data Exchange Network (CEDEN). (3) The Department of Fish and Wildlife’s information on fish abundance and distribution. (4) The United States Geological Survey’s streamflow conditions information through the National Water Information System. (5) The United States Bureau of Reclamation’s federal Central Valley Project operations information. (6) The United States Fish and Wildlife Service’s, United States Forest Service’s, and National Oceanic and Atmospheric Administration Fisheries’ fish abundance information. (c) Provide data on completed water transfers and exchanges, including publicly available or voluntarily provided data on the volume, price, and delivery method, identity of the buyers and sellers, and the water right associated with the transfer or exchange. (d) Provide documentation of data quality and data formats through metadata. (e) Adhere to data protocols developed by state agencies pursuant to Section 12406. (f) Be able to receive both spatial and time series data from various sources. (Added by Stats. 2016, Ch. 506, Sec. 1. (AB 1755) Effective January 1, 2017.)
  41. 1242.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Beneficial Use [1240 - 1244] ( Article 4 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    Storing water underground counts as beneficial use if the stored water is later used for the beneficial purposes covered by the storage appropriation.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Beneficial Use [1240 - 1244] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 1242. The storing of water underground, including the diversion of streams and the flowing of water on lands necessary to the accomplishment of such storage, constitutes a beneficial use of water if the water so stored is thereafter applied to the beneficial purposes for which the appropriation for storage was made. (Enacted by Stats. 1943, Ch. 368.)
  42. 1242.1.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Beneficial Use [1240 - 1244] ( Article 4 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    Floodflows diverted for groundwater recharge do not need an appropriative water right if all listed conditions are met, and the diverter must stop when flood risk ends and file required notices and reports.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Beneficial Use [1240 - 1244] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 1242.1. The diversion of floodflows for groundwater recharge shall not require an appropriative water right if all of the following conditions are met: (a) (1) A local or regional agency that has adopted a local plan of flood control pursuant to Section 8201 or has considered flood risk as part of its most recently adopted general plan has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice, that flows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures. (2) As used in this section, “floodflow” means any of the following: (A) Where a waterbody is subject to a defined flood stage, flows in excess of flood stage where actions are necessary to avoid threats to human health and safety. (B) (i) Except as provided in clause (ii), where a waterbody is not subject to a defined flood stage, surface water escaped from or is likely to imminently escape from a channel or waterbody causing or threatening to cause inundation of residential or commercial structures, or roads needed for emergency response. Likely imminent escape from a channel or waterbody shall be demonstrated by measured flows in excess of the maximum design capacity of a flood control project, where such a project is present and the maximum design capacity is readily available information. (ii) This subparagraph does not apply to flows that inundate wetlands, working lands, or floodplains, events that constitute a “design flood,” groundwater seepage, or waters confined to a “designated floodway.” (C) Where flows would inundate ordinarily dry areas in the bed of a terminal lake to a depth that floods dairies and other ongoing agricultural activities, or areas with substantial residential, commercial, or industrial development. (3) As used in this subdivision, “imminent” means a high degree of confidence that a condition will begin in the immediate future. (b) The diversions cease when the flood conditions described in the public notice provided pursuant to subdivision (a) have abated to the point there is no longer a risk of flooding and inundation of land, roads, or structures downstream of the point of diversion. (c) Any water diverted is not diverted to, and will not be applied to, any of the following: (1) Any barns, ponds, or lands where manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied. (2) Any agricultural field that has been identified as an outlier with respect to nitrogen application by any of the following: (A) The board. (B) The appropriate regional board. (C) An agricultural coalition charged with implementation of the Irrigated Lands Regulatory Program. (3) Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems, drinking water wells or drinking water supplies, or exacerbate the threat of flood and other health and safety concerns. (4) Any area that has not been in active irrigated agricultural cultivation within the past three years, including grazing lands, annual grasslands, and natural habitats. This limitation does not apply to facilities already constructed for the purpose of groundwater recharge or managed wetlands. (d) With respect to diversions from water tributaries to the Sacramento-San Joaquin Delta (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species requirements in the Delta at the time of the diversion. (e) The diversion of floodflows for groundwater recharge uses the following as part of the diversion: (1) Either existing diversion infrastructure or temporary pumps. (2) Existing groundwater recharge locations, where available. (3) No new permanent infrastructure or permanent construction. (4) For diversions directly from rivers or streams, protective screens on temporary pump intakes to minimize the impacts of diversion to fish and other aquatic life. Such screens shall be constructed of any rigid material, perforated, woven, or slotted, that provides water passage while physically excluding fish. The screen face shall be parallel to the flow and adjacent to the water’s edge. The upstream and downstream transitions to the screen structure shall be designed and constructed to minimize eddies upstream of, in front of, and downstream of the screen, while minimizing entrainment to the degree feasible. Prior to implementing this paragraph, the Department of Fish and Wildlife shall conduct at least one public workshop to review recommended design parameters and ranges of scenarios for deployment and use of protective screens. These recommendations and any other guidelines provided by the Department of Fish and Wildlife on the implementation of this paragraph shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (f) The person or entity making the diversion for groundwater recharge does not claim any water right based on that diversion and recharge. (g) (1) The person or entity making the diversion for groundwater recharge files all of the following with the board and with any applicable groundwater sustainability agency, as defined in Section 10721, for the basin: (A) A notice that provides the information specified in Subparagraphs (A) through (C), inclusive, of paragraph (2), 48 hours before whenever feasible, and in no event later than 48 hours after initially commencing diversion of floodflows for groundwater recharge. (B) A preliminary report no later than 14 days after initially commencing diversion of floodflows for groundwater recharge. (C) A final report no later than 15 days after diversions cease. (2) The preliminary and final reports shall do all of the following: (A) Identify the person or entity making the diversion for groundwater recharge. (B) Provide the Global Positioning System (GPS) coordinates for the point of diversion, a map identifying the approximate area inundated by the floodflows, and the corresponding assessor parcel numbers. (C) Identify the time when diversions of floodflows to groundwater recharge commenced, and, for final reports, when diversions ceased. (D) Provide an estimate, as of the report’s date, of the amount of floodflows diverted for groundwater recharge. (h) This section shall only apply to diversions commenced before January 1, 2029. (Added by Stats. 2023, Ch. 51, Sec. 25. (SB 122) Effective July 10, 2023.)
  43. 1242.2.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Beneficial Use [1240 - 1244] ( Article 4 enacted by Stats. 1943, Ch. 368. )

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    The board must post certain reports and annual reporting information on its website.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Beneficial Use [1240 - 1244] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 1242.2. (a) The board shall post on its internet website all reports received pursuant to Section 1242.1. (b) On an annual basis, until January 1, 2029, the board shall compile information on the reports it receives pursuant to subdivision (g) of Section 1242.1 to identify the number of projects, estimated amount of water diverted and recharged, and locations of recharge projects implemented under this section and post this information on its internet website. The board may include recommendations to increase the amount of water diverted for recharge while protecting groundwater quality, public safety, and fish and wildlife resources in this annual report. (Added by Stats. 2023, Ch. 51, Sec. 26. (SB 122) Effective July 10, 2023.)
  44. 1242.3.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Beneficial Use [1240 - 1244] ( Article 4 enacted by Stats. 1943, Ch. 368. )

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    The state is not liable for flood damages tied to actions authorized by Section 1242.1.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Beneficial Use [1240 - 1244] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 1242.3. (a) The Legislature finds and declares as follows: (1) California’s central valley has one of the highest flood risks in the United States. Recognizing this risk and in response to the Court of Appeal decision in Paterno v. State of California (2003) 113 Cal. App.4th 998, in 2007, the Legislature enacted the Central Valley Flood Protection Act of 2008, which along with other provisions requires the projected impacts of climate change on the State Plan of Flood Control to be included the Central Valley Flood Protection Plan and each five-year update to the Central Valley Flood Protection Plan. (2) According to the 2022 Update of the Central Valley Flood Protection Plan, by 2072, climate change is predicted to increase peak floodflows up to five times in the central valley compared to past recorded events, and the anticipated peak flows by 2072 will only exacerbate this risk unless urgent action is taken. Climate change science predicts that atmospheric rivers will become stronger and wetter, increasing their potential to cause catastrophic events that could overwhelm many parts of the current flood system, if improvements and other strategies are not implemented. (3) The Legislature enacts Section 1242.1, as applied in the Sacramento and San Joaquin watersheds, with the intention of adapting the State Plan of Flood Control to continuing climate change with a reasonable plan for quickly reducing the level of floodflows by diverting water, where feasible, to lands adjacent to watercourses and state-federal levees for recharging groundwater. (4) Given rapidly changing hydrologic conditions, Section 1242.1 establishes a reasonable plan for reducing risk of flood damages to lands within the State Plan of Flood Control. Risk of flooding may remain and may be incidental to the actions authorized by Section 1242.1, but the state is acting to reduce that risk. (b) The state shall not be liable for flood damages related to actions authorized by Section 1242.1. (Added by Stats. 2023, Ch. 51, Sec. 27. (SB 122) Effective July 10, 2023.)
  45. 1242.5.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Beneficial Use [1240 - 1244] ( Article 4 enacted by Stats. 1943, Ch. 368. )

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    The board may approve storing water for release when doing so is in the public interest and subject to Section 100.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Beneficial Use [1240 - 1244] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 1242.5. The board, subject to the provisions of Section 100 and whenever it is in the public interest, may approve appropriation by storage of water to be released for the purpose of protecting or enhancing the quality of other waters which are put to beneficial uses. (Added by Stats. 1969, Ch. 482.)
  46. 12420.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.9. The Open and Transparent Water Data Act [12400 - 12420] ( Part 4.9 added by Stats. 2016, Ch. 506, Sec. 1. ) ## CHAPTER 3. Water Data Administration Fund [12420- 12420.] ( Chapter 3 added by Stats. 2016, Ch. 506, Sec. 1. )

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    This section creates the Water Data Administration Fund and requires the Department of Finance to develop a standard donation agreement for voluntary contributions to the fund.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 4.9. The Open and Transparent Water Data Act [12400 - 12420] ( Part 4.9 added by Stats. 2016, Ch. 506, Sec. 1. ) ## CHAPTER 3. Water Data Administration Fund [12420- 12420.] ( Chapter 3 added by Stats. 2016, Ch. 506, Sec. 1. ) ## 12420. (a) The Water Data Administration Fund is hereby created. All moneys in the fund are available, upon appropriation, to the department, the state board, or the Department of Fish and Wildlife for the collection, management, and improvement of water and ecological data for the purposes of this part. (b) The Department of Finance shall develop a standardized agreement to allow for the voluntary donation to the fund by any person, educational institution, government entity, corporation or other business entity, or organization. (Added by Stats. 2016, Ch. 506, Sec. 1. (AB 1755) Effective January 1, 2017.)
  47. 1243.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Beneficial Use [1240 - 1244] ( Article 4 enacted by Stats. 1943, Ch. 368. )

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    Water used for recreation and for preserving or enhancing fish and wildlife resources counts as a beneficial use. The board must consider those water needs when determining water available for other beneficial uses, and it must notify the Department of Fish and Wildlife on permit applications.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Beneficial Use [1240 - 1244] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 1243. (a) The use of water for recreation and preservation and enhancement of fish and wildlife resources is a beneficial use of water. In determining the amount of water available for appropriation for other beneficial uses, the board shall take into account, when it is in the public interest, the amounts of water required for recreation and the preservation and enhancement of fish and wildlife resources. (b) The board shall notify the Department of Fish and Wildlife of an application for a permit to appropriate water. The Department of Fish and Wildlife shall recommend the amounts of water, if any, required for the preservation and enhancement of fish and wildlife resources and shall report its findings to the board. (c) This section does not affect riparian rights. (Amended by Stats. 2015, Ch. 683, Sec. 51. (SB 798) Effective January 1, 2016.)
  48. 1243.5.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Beneficial Use [1240 - 1244] ( Article 4 enacted by Stats. 1943, Ch. 368. )

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    When deciding how much water is available for appropriation, the board must consider, in the public interest, water that should remain in the source to protect beneficial uses and relevant water quality control plans.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Beneficial Use [1240 - 1244] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 1243.5. In determining the amount of water available for appropriation, the board shall take into account, whenever it is in the public interest, the amounts of water needed to remain in the source for protection of beneficial uses, including any uses specified to be protected in any relevant water quality control plan established pursuant to Division 7 (commencing with Section 13000) of this code. This section shall not be construed to affect riparian rights. (Added by Stats. 1969, Ch. 482.)
  49. 1244.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Beneficial Use [1240 - 1244] ( Article 4 enacted by Stats. 1943, Ch. 368. )

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    Selling, leasing, exchanging, or transferring water or water rights, by itself, is not evidence of waste or unreasonable use or diversion, and it does not affect forfeiture determinations covered by the section.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Beneficial Use [1240 - 1244] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 1244. The sale, lease, exchange, or transfer of water or water rights, in itself, shall not constitute evidence of waste or unreasonable use, unreasonable method of use, or unreasonable method of diversion and shall not affect any determination of forfeiture applicable to water appropriated pursuant to the Water Commmission Act or this code or water appropriated prior to December 19, 1914. This section does not constitute a change in, but is declaratory of, existing law. (Added by Stats. 1980, Ch. 933, Sec. 6.)
  50. 1245.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Liability Within a Watershed [1245 - 1248] ( Article 5 added by Stats. 1955, Ch. 49. )

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    Municipal corporations and water suppliers that enter a watershed for certain water-supply purposes are liable for resulting damage to property or business in the watershed.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Liability Within a Watershed [1245 - 1248] ( Article 5 added by Stats. 1955, Ch. 49. ) ## 1245. Every municipal corporation of this State, and every person, firm or corporation engaged in supplying water to any municipal corporations for municipal, domestic or other uses, who enters any watershed, or any lands, streams or waters in the watershed for the purpose of acquiring or increasing a water supply for such purpose, or for the purpose of taking, diverting or transporting water for use by or in a municipal corporation, or for the purpose of supplying the needs of any municipal corporation, or its inhabitants, with water for the enumerated uses, shall be liable to all persons, firms and corporations, their heirs, representatives and successors, and to municipal corporations, districts and political subdivisions of this State whose property, business, trade, profession or occupation is within or conducted or carried on within the watershed entered, for all damage suffered or sustained by them either directly or indirectly because of injury, damage, destruction or decrease in value of any such property, business, trade, profession or occupation resulting from or caused by the taking of any such lands or waters, or by the taking, diverting or transporting of water from such watershed to and for use by or in any such municipal corporation. (Added by Stats. 1955, Ch. 49.)
  51. 1246.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Liability Within a Watershed [1245 - 1248] ( Article 5 added by Stats. 1955, Ch. 49. )

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    Municipal corporations and damage-causing persons, firms, or corporations may agree to arbitrate or compromise claims to determine damages under Section 1245.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Liability Within a Watershed [1245 - 1248] ( Article 5 added by Stats. 1955, Ch. 49. ) ## 1246. For the purpose of ascertaining the amount of any damage claimed to have been suffered or sustained by reason of any of the acts or things mentioned in Section 1245, every municipal corporation and every person, firm or corporation causing any such damage, is authorized to enter into an agreement for the arbitration or compromise of any claims, and all of the laws of this State relating to arbitration of controversies are made applicable to such claims. (Added by Stats. 1955, Ch. 49.)
  52. 1247.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Liability Within a Watershed [1245 - 1248] ( Article 5 added by Stats. 1955, Ch. 49. )

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    This section says the article does not create a right to recover damages for harm caused directly or indirectly by constructing, operating, or maintaining certain water and power facilities.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Liability Within a Watershed [1245 - 1248] ( Article 5 added by Stats. 1955, Ch. 49. ) ## 1247. Nothing in this article shall confer the right to recover damages resulting directly or indirectly by reason of the construction, operation or maintenance of any conduit, pipe line, canal, ditch, aqueduct, reservoir, power transmission line or power house. (Added by Stats. 1955, Ch. 49.)
  53. 1248.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Liability Within a Watershed [1245 - 1248] ( Article 5 added by Stats. 1955, Ch. 49. )

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    This article must be interpreted liberally.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General Provisions [1200 - 1248] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Liability Within a Watershed [1245 - 1248] ( Article 5 added by Stats. 1955, Ch. 49. ) ## 1248. This article shall be liberally construed. (Added by Stats. 1955, Ch. 49.)
  54. 125.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. )

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    The director must organize the department with the Governor’s approval and may create, change, or abolish divisions, subdivisions, and branch offices.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## 125. For the purpose of administration, the director shall organize the department with the approval of the Governor in the manner he deems necessary to segregate and conduct the work of the department properly. With the approval of the Governor, the director may create such divisions and subdivisions as may be necessary and change or abolish them from time to time. The director with the approval of the Governor may establish branch offices in hydrographic or other regions of the State in order to assure the expeditious conduct of the work of the department in such region, and to assure free and rapid communication of local problems and recommendations to the department and may change or abolish any such branch offices from time to time. Any branch office so established shall be under the control of a branch office manager who, subject to the direction and control of the director, shall represent the department in all matters under the department’s jurisdiction in the region. (Added by renumbering Section 155 by Stats. 1957, Ch. 1932.)
  55. 1250.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. )

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    The board must consider and act on applications for permits to appropriate water.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1250. The board shall consider and act upon all applications for permits to appropriate water and shall do all things required or proper relating to such applications. (Amended by Stats. 1957, Ch. 1932.)
  56. 1250.5.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. )

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    The board must consider and act on certain water-appropriation permit applications for small hydroelectric projects within one year after a complete application and instream beneficial use assessment are filed, with limited exceptions.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1250.5. The board shall consider and act upon all applications for permits to appropriate water which propose, as a primary purpose of the application, the development of small hydroelectric energy facilities at an existing dam, canal, or conduit, up to and including 30 megawatts, or the development of any other hydroelectric facility with a generating capacity of five megawatts or less, within one year from the date a complete application and an instream beneficial use assessment have been filed with the board, except that the assessment need not be filed if the streamflow regime will not be changed, and except that final board action may be continued for a reasonable time not to exceed one year upon the request of the applicant or upon a finding by the board that the additional time is necessary to determine (1) if unappropriated water is available or (2) the effect upon instream uses. (Added by Stats. 1982, Ch. 1482, Sec. 2. Effective September 28, 1982.)
  57. 12500.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 1. Definitions [12500 - 12503] ( Chapter 1 added by Stats. 1943, Ch. 370. )

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    The definitions in this chapter apply only to the interpretation of this part.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 1. Definitions [12500 - 12503] ( Chapter 1 added by Stats. 1943, Ch. 370. ) ## 12500. The definitions in this chapter govern the construction of this part only. (Added by Stats. 1943, Ch. 370.)
  58. 12501.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 1. Definitions [12500 - 12503] ( Chapter 1 added by Stats. 1943, Ch. 370. )

    Verify source ↗

    “Board” means the Colorado River Board of California.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 1. Definitions [12500 - 12503] ( Chapter 1 added by Stats. 1943, Ch. 370. ) ## 12501. “Board” means the Colorado River Board of California. (Added by Stats. 1943, Ch. 370.)
  59. 12502.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 1. Definitions [12500 - 12503] ( Chapter 1 added by Stats. 1943, Ch. 370. )

    Verify source ↗

    “Commissioner” means the Colorado River Commissioner.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 1. Definitions [12500 - 12503] ( Chapter 1 added by Stats. 1943, Ch. 370. ) ## 12502. “Commissioner” means the Colorado River Commissioner. (Added by Stats. 1943, Ch. 370.)
  60. 12503.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 1. Definitions [12500 - 12503] ( Chapter 1 added by Stats. 1943, Ch. 370. )

    Verify source ↗

    “Fund” means the Colorado River Fund.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 1. Definitions [12500 - 12503] ( Chapter 1 added by Stats. 1943, Ch. 370. ) ## 12503. “Fund” means the Colorado River Fund. (Added by Stats. 1943, Ch. 370.)
  61. 1251.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board must investigate the State’s water resources when necessary to gather information for water appropriation applications.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1251. The board shall make such investigations of the water resources of the State as may be necessary for the purpose of securing information needed in connection with applications for appropriations of water. (Amended by Stats. 1957, Ch. 1932.)
  62. 12510.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 2. The Board [12510 - 12519] ( Chapter 2 added by Stats. 1943, Ch. 370. )

    Verify source ↗

    The Colorado River Board of California exists in the state government, within the Resources Agency.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 2. The Board [12510 - 12519] ( Chapter 2 added by Stats. 1943, Ch. 370. ) ## 12510. There is in the state government, in the Resources Agency, the Colorado River Board of California. (Amended by Stats. 1969, Ch. 138.)
  63. 12511.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 2. The Board [12510 - 12519] ( Chapter 2 added by Stats. 1943, Ch. 370. )

    Verify source ↗

    The Colorado River Board of California has eight members, appointed by the Governor, with two public members and the Directors of Water Resources and Fish and Game or their designees as members.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 2. The Board [12510 - 12519] ( Chapter 2 added by Stats. 1943, Ch. 370. ) ## 12511. The board consists of eight members appointed by the Governor as provided in this chapter, two of whom shall be public members appointed by the Governor, and the Director of Water Resources and the Director of Fish and Game or their designees. (Amended by Stats. 1984, Ch. 1027, Sec. 2.)
  64. 12512.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 2. The Board [12510 - 12519] ( Chapter 2 added by Stats. 1943, Ch. 370. )

    Verify source ↗

    Certain local water agencies must send nominee lists to the Governor, who must appoint board members and alternates from those lists.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 2. The Board [12510 - 12519] ( Chapter 2 added by Stats. 1943, Ch. 370. ) ## 12512. The governing bodies of the San Diego County Water Authority, Palo Verde Irrigation District, Imperial Irrigation District, Coachella Valley Water District, the Metropolitan Water District of Southern California, and the Department of Water and Power of the City of Los Angeles shall each submit to the Governor two lists of not less than three persons on each with a recommendation as to whom should be appointed from one list as its member on the board and from the other list as its alternate on the board. The Governor shall appoint each agency’s member and alternate from the designated lists. If, after 60 days following submission of the initial or any new list, the Governor has not made an appointment, the person recommended by the governing body shall be deemed appointed. Each governing body if it desires to have a new member or alternate, or both, may submit new lists at any time. A member of the governing body of an agency may be appointed as a member of the board or as an alternate. Each alternate shall, in the absence of the appointed member for any cause, including vacancy in the office of the appointed member, have all the authority and rights of the member to which he or she is an alternate. (Amended by Stats. 1983, Ch. 1019, Sec. 2.)
  65. 12513.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 2. The Board [12510 - 12519] ( Chapter 2 added by Stats. 1943, Ch. 370. )

    Verify source ↗

    Board members generally serve without compensation, but they may be reimbursed for necessary travel and other expenses, and some members are entitled to $50 per day for attending board meetings.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 2. The Board [12510 - 12519] ( Chapter 2 added by Stats. 1943, Ch. 370. ) ## 12513. Each member of the board, except as otherwise provided in this section, shall serve without compensation but shall be reimbursed for traveling and other expenses actually and necessarily incurred in the performance of his duties. In addition, each member of the board that is neither eligible for nor receives any salary or other compensation for time spent attending meetings of the board shall receive fifty dollars ($50) for each day attending the meetings of the board. (Amended by Stats. 1977, Ch. 393.)
  66. 12514.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 2. The Board [12510 - 12519] ( Chapter 2 added by Stats. 1943, Ch. 370. )

    Verify source ↗

    The board must choose its office location by majority vote, hold meetings there or elsewhere when called, and not move the office more than once per gubernatorial term.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 2. The Board [12510 - 12519] ( Chapter 2 added by Stats. 1943, Ch. 370. ) ## 12514. (a) The board shall determine, by majority vote, where to maintain its office and shall hold meetings at that office or elsewhere upon call of the chairman or three members of the board. The board shall not relocate its office more than once within each gubernatorial term. (b) The local agencies that are represented on the board may reimburse employees of the board for relocation or net commuting expenses, or both, incurred by those employees as the result of a change in the location of the office pursuant to subdivision (a). The costs shall be divided equally among the local agencies. Any commuting expenses shall not exceed the state’s reimbursement rate for state employees. Any relocation benefits shall be approved by each local agency prior to those benefits being offered to board staff. (c) Any payments made pursuant to subdivision (b) do not constitute income for the purposes of subdivision (a) of Section 82030 of the Government Code, in accordance with paragraph (2) of subdivision (b) of that section. (Amended by Stats. 1997, Ch. 225, Sec. 1. Effective January 1, 1998.)
  67. 12515.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 2. The Board [12510 - 12519] ( Chapter 2 added by Stats. 1943, Ch. 370. )

    Verify source ↗

    The board must keep its records, or copies of them, at its office.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 2. The Board [12510 - 12519] ( Chapter 2 added by Stats. 1943, Ch. 370. ) ## 12515. All of the records of the board or copies of them shall be maintained at its office. (Added by Stats. 1943, Ch. 370.)
  68. 12516.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 2. The Board [12510 - 12519] ( Chapter 2 added by Stats. 1943, Ch. 370. )

    Verify source ↗

    The board must comply with Article 9 starting at Government Code Section 11120.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 2. The Board [12510 - 12519] ( Chapter 2 added by Stats. 1943, Ch. 370. ) ## 12516. The board shall be subject to the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1969, Ch. 371.)
  69. 12517.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 2. The Board [12510 - 12519] ( Chapter 2 added by Stats. 1943, Ch. 370. )

    Verify source ↗

    The board must adopt rules, procedures, and regulations needed to manage its business orderly and carry out this part.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 2. The Board [12510 - 12519] ( Chapter 2 added by Stats. 1943, Ch. 370. ) ## 12517. The board shall adopt such rules or procedure as may be required for the orderly disposition of its business and such regulations as may be necessary in order to carry out the provisions of this part. (Added by Stats. 1943, Ch. 370.)
  70. 12518.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 2. The Board [12510 - 12519] ( Chapter 2 added by Stats. 1943, Ch. 370. )

    Verify source ↗

    The board must make reports and recommendations to the Governor when he requires them or when the board considers it proper.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 2. The Board [12510 - 12519] ( Chapter 2 added by Stats. 1943, Ch. 370. ) ## 12518. The board shall make such reports and recommendations to the Governor as he requires or as the board deems proper. (Added by Stats. 1943, Ch. 370.)
  71. 12519.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 2. The Board [12510 - 12519] ( Chapter 2 added by Stats. 1943, Ch. 370. )

    Verify source ↗

    The board may hold executive sessions and keep certain records confidential for specified Colorado River water claim matters, but it must record an affirmative finding in its public minutes when it does so.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 2. The Board [12510 - 12519] ( Chapter 2 added by Stats. 1943, Ch. 370. ) ## 12519. Notwithstanding any other provision of the law to the contrary, the board may hold executive sessions in conjunction with any regular or special meeting and maintain confidential information and records limited to matters concerning interstate claims to the use of Colorado River system waters in judicial proceedings, administrative proceedings, and negotiations with representatives from other states or the federal government. Whenever the board holds an executive session in conjunction with any regular or special meeting or maintains as confidential any information or records hereunder, the board shall make an affirmative finding in its public minutes that the holding of an open meeting or the disclosure of the information or records to the public would substantially impair the performance by the board of its statutory duties. At the end of the minutes of each meeting of the board shall appear the certificate of its executive secretary that the meeting was held in accordance with the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code and Sections 12516 and 12519 of the Water Code. (Added by Stats. 1968, Ch. 886.)
  72. 1252.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    Any person may apply to the board for a permit for unappropriated water, if the application complies with this part and with reasonable rules and regulations adopted by the board.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1252. Any person may apply for and secure from the board, in conformity with this part and in conformity with reasonable rules and regulations adopted from time to time by it, a permit for any unappropriated water. (Amended by Stats. 1957, Ch. 1932.)
  73. 1252.1.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    An appropriation of water under this part does not give the appropriator authority to stop or interfere with qualifying soil conservation practices above the diversion point.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1252.1. An appropriation of water of any stream or other source of water under this part does not confer authority upon the appropriator to prevent or interfere with soil conservation practices above the point of diversion in the watershed in which such stream or other source originates, which practices do not themselves constitute an appropriation for which a permit is required by this part. (Added by Stats. 1953, Ch. 1378.)
  74. 1252.5.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    This section extends the water-appropriation rights and privileges given to any person to the United States, the State, and eligible entities or organizations.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1252.5. All rights and privileges conferred by this part upon any person in relation to the appropriation of water are likewise conferred upon the United States, the State, and any entity or organization capable of holding an interest in real property in this State. (Added by Stats. 1943, Ch. 423.)
  75. 12525.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 3. The Commissioner [12525 - 12533] ( Chapter 3 added by Stats. 1943, Ch. 370. )

    Verify source ↗

    The board must elect one of its members as chairman, but not the Director of Water Resources, the Director of Fish and Game, or their designees.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 3. The Commissioner [12525 - 12533] ( Chapter 3 added by Stats. 1943, Ch. 370. ) ## 12525. The board shall elect from among its members, other than the Director of Water Resources or the Director of Fish and Game or their designees, a chairman who is ex officio the “Colorado River Commissioner.” The chairman shall serve at the pleasure of the board. (Repealed and added by Stats. 1983, Ch. 564, Sec. 5.)
  76. 12526.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 3. The Commissioner [12525 - 12533] ( Chapter 3 added by Stats. 1943, Ch. 370. )

    Verify source ↗

    The commissioner serves without compensation and is reimbursed for traveling and other expenses actually and necessarily incurred in performing the commissioner’s duties.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 3. The Commissioner [12525 - 12533] ( Chapter 3 added by Stats. 1943, Ch. 370. ) ## 12526. The commissioner shall serve without compensation, but he shall be reimbursed for traveling and other expenses actually and necessarily incurred in the performance of his duties. (Added by Stats. 1943, Ch. 370.)
  77. 12527.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 3. The Commissioner [12525 - 12533] ( Chapter 3 added by Stats. 1943, Ch. 370. )

    Verify source ↗

    The commissioner must carry out the duties assigned by this chapter, under the board’s direction.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 3. The Commissioner [12525 - 12533] ( Chapter 3 added by Stats. 1943, Ch. 370. ) ## 12527. The commissioner shall perform the duties imposed upon him by this chapter under the direction of the board. (Added by Stats. 1943, Ch. 370.)
  78. 12528.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 3. The Commissioner [12525 - 12533] ( Chapter 3 added by Stats. 1943, Ch. 370. )

    Verify source ↗

    The commissioner must consult and advise the board and make reports and recommendations when appropriate or when the board requests them.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 3. The Commissioner [12525 - 12533] ( Chapter 3 added by Stats. 1943, Ch. 370. ) ## 12528. The commissioner shall consult and advise with the board in exercising the powers and performing the duties enumerated in this chapter and make such reports and recommendations as he deems proper or as the board requests, to the end that the rights and interests of the State, its agencies and citizens, in, to, and in respect of, the water of the Colorado River System and the use thereof may be properly safeguarded and protected. (Added by Stats. 1943, Ch. 370.)
  79. 12529.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 3. The Commissioner [12525 - 12533] ( Chapter 3 added by Stats. 1943, Ch. 370. )

    Verify source ↗

    The commissioner must exercise, for the State, the rights and powers given to the State or its representative under Section 16 of the Boulder Canyon Project Act.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 3. The Commissioner [12525 - 12533] ( Chapter 3 added by Stats. 1943, Ch. 370. ) ## 12529. The commissioner shall exercise on behalf of the State every right and power granted to the State or to any representative of it by Section 16 of the act of Congress designated the “Boulder Canyon Project Act.” (Added by Stats. 1943, Ch. 370.)
  80. 1253.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board must allow appropriation of unappropriated water for beneficial purposes.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1253. The board shall allow the appropriation for beneficial purposes of unappropriated water under such terms and conditions as in its judgment will best develop, conserve, and utilize in the public interest the water sought to be appropriated. (Amended by Stats. 1957, Ch. 1932.)
  81. 12530.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 3. The Commissioner [12525 - 12533] ( Chapter 3 added by Stats. 1943, Ch. 370. )

    Verify source ↗

    The commissioner must investigate past, present, and potential uses of Colorado River water inside and outside the State.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 3. The Commissioner [12525 - 12533] ( Chapter 3 added by Stats. 1943, Ch. 370. ) ## 12530. The commissioner shall investigate past, present, and potential uses of the water of the Colorado River System within and without the State. (Added by Stats. 1943, Ch. 370.)
  82. 12531.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 3. The Commissioner [12525 - 12533] ( Chapter 3 added by Stats. 1943, Ch. 370. )

    Verify source ↗

    The commissioner must investigate, coordinate, collate, and preserve information about claims related to Colorado River water and its use.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 3. The Commissioner [12525 - 12533] ( Chapter 3 added by Stats. 1943, Ch. 370. ) ## 12531. The commissioner shall investigate, coordinate, collate, and preserve information, facts, and data bearing upon the claims of all States and of all public or private agencies within and without the State to and in respect of the water and the use of water of the Colorado River System. (Added by Stats. 1943, Ch. 370.)
  83. 12532.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 3. The Commissioner [12525 - 12533] ( Chapter 3 added by Stats. 1943, Ch. 370. )

    Verify source ↗

    The commissioner must consult, negotiate, discuss, and recommend measures about Colorado River basin problems and related interests.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 3. The Commissioner [12525 - 12533] ( Chapter 3 added by Stats. 1943, Ch. 370. ) ## 12532. The commissioner shall confer with representatives of other States in the Colorado River basin, representatives of the United States, and others concerning problems and measures relating to the development of the Colorado River basin, the use of the water of the Colorado River System, and the protection of the interests therein of the State and of the United States, and shall negotiate respecting such problems and measures and discuss the same and formulate and recommend to the Governor and the Legislature measures, agreements, and legislation deemed for the benefit of the State and the United States. (Added by Stats. 1943, Ch. 370.)
  84. 12533.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 3. The Commissioner [12525 - 12533] ( Chapter 3 added by Stats. 1943, Ch. 370. )

    Verify source ↗

    The commissioner must do whatever is deemed necessary or expedient to carry out this part.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 3. The Commissioner [12525 - 12533] ( Chapter 3 added by Stats. 1943, Ch. 370. ) ## 12533. The commissioner shall do and perform all other things deemed necessary or expedient to carry out the purposes of this part. (Added by Stats. 1943, Ch. 370.)
  85. 1254.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    When deciding water appropriation applications, the board must follow a policy that ranks domestic use above irrigation.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1254. In acting upon applications to appropriate water the board shall be guided by the policy that domestic use is the highest use and irrigation is the next highest use of water. (Amended by Stats. 1957, Ch. 1932.)
  86. 12540.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 4. Employees [12540 - 12541] ( Chapter 4 added by Stats. 1943, Ch. 370. )

    Verify source ↗

    The board must appoint an executive director from a list of at least two people submitted by the commissioner.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 4. Employees [12540 - 12541] ( Chapter 4 added by Stats. 1943, Ch. 370. ) ## 12540. From a list of not less than two persons submitted to it by the commissioner, the board shall appoint an executive director, whose duties shall be as required by the commissioner and by the board. (Amended by Stats. 1985, Ch. 232, Sec. 1.)
  87. 12541.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 4. Employees [12540 - 12541] ( Chapter 4 added by Stats. 1943, Ch. 370. )

    Verify source ↗

    The board may set the executive director’s compensation.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 4. Employees [12540 - 12541] ( Chapter 4 added by Stats. 1943, Ch. 370. ) ## 12541. The board may fix the compensation of the executive director. (Amended by Stats. 1985, Ch. 232, Sec. 2.)
  88. 1255.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board must reject an application if, in its judgment, the proposed appropriation would not best conserve the public interest.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1255. The board shall reject an application when in its judgment the proposed appropriation would not best conserve the public interest. (Amended by Stats. 1957, Ch. 1932.)
  89. 12550.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 5. The Colorado River Fund [12550 - 12552] ( Chapter 5 added by Stats. 1943, Ch. 370. )

    Verify source ↗

    Several types of water districts and water authorities may contribute to the Colorado River Fund if their governing bodies decide it is advisable.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 5. The Colorado River Fund [12550 - 12552] ( Chapter 5 added by Stats. 1943, Ch. 370. ) ## 12550. All irrigation districts, county water districts, municipal water districts, metropolitan water districts, county water authorities, water conservation districts, and flood control districts, may make such contributions to the Colorado River Fund as, in the exercise of the discretion of their respective governing bodies, is deemed advisable. (Amended by Stats. 1951, Ch. 704.)
  90. 12551.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 5. The Colorado River Fund [12550 - 12552] ( Chapter 5 added by Stats. 1943, Ch. 370. )

    Verify source ↗

    The board may accept any and all contributions to the fund.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 5. The Colorado River Fund [12550 - 12552] ( Chapter 5 added by Stats. 1943, Ch. 370. ) ## 12551. The board may accept any and all contributions to the fund. (Added by Stats. 1943, Ch. 370.)
  91. 12552.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 5. The Colorado River Fund [12550 - 12552] ( Chapter 5 added by Stats. 1943, Ch. 370. )

    Verify source ↗

    The board must deposit contributions it accepts into the State Treasury credit of the fund.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 5. The Colorado River Fund [12550 - 12552] ( Chapter 5 added by Stats. 1943, Ch. 370. ) ## 12552. All contributions accepted by the board shall be deposited by it in the State Treasury to the credit of the fund. (Added by Stats. 1943, Ch. 370.)
  92. 12553.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 6. Warrants [12553- 12553.] ( Chapter 6 added by Stats. 1943, Ch. 370. )

    Verify source ↗

    The State Controller must draw warrants on the fund when the commissioner demands it, and the State Treasurer must pay those warrants.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 6. Warrants [12553- 12553.] ( Chapter 6 added by Stats. 1943, Ch. 370. ) ## 12553. The State Controller shall draw warrants upon the fund from time to time upon demand of the commissioner, and the State Treasurer shall pay the warrants. (Added by Stats. 1943, Ch. 370.)
  93. 1256.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board must consider general or coordinated water-resource plans when deciding public interest under Sections 1253 and 1255.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1256. In determining public interest under Sections 1253 and 1255, the board shall give consideration to any general or co-ordinated plan looking toward the control, protection, development, utilization, and conservation of the water resources of the State, including The California Water Plan, prepared and published by the Department of Water Resources or any predecessor thereof and any modification thereto as may be adopted by the department or as may be adopted by the Legislature by concurrent resolution or by law. (Amended by Stats. 1959, Ch. 2053.)
  94. 12560.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 7. Colorado River Management Program [12560 - 12565] ( Chapter 7 added by Stats. 1998, Ch. 813, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter, including “Account” and “California Plan.”

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 7. Colorado River Management Program [12560 - 12565] ( Chapter 7 added by Stats. 1998, Ch. 813, Sec. 1. ) ## 12560. Unless the context otherwise requires, the definitions set forth in this section govern the construction of this chapter: (a) “Account” means the Colorado River Management Account created pursuant to Section 12561. (b) “California Plan” means the plan being developed by the Colorado River Board of California, the public agencies represented on that board, and the director to ensure that California can live within the state’s apportionment of Colorado River water. (Added by Stats. 1998, Ch. 813, Sec. 1. Effective January 1, 1999.)
  95. 12561.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 7. Colorado River Management Program [12560 - 12565] ( Chapter 7 added by Stats. 1998, Ch. 813, Sec. 1. )

    Verify source ↗

    The Colorado River Management Account is created in the General Fund, and its money may be used for this chapter only after legislative appropriation.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 7. Colorado River Management Program [12560 - 12565] ( Chapter 7 added by Stats. 1998, Ch. 813, Sec. 1. ) ## 12561. There is hereby created the Colorado River Management Account in the General Fund. Moneys in the account are available, upon appropriation by the Legislature, for use in accordance with this chapter. (Amended by Stats. 2008, Ch. 760, Sec. 22. Effective September 30, 2008.)
  96. 12562.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 7. Colorado River Management Program [12560 - 12565] ( Chapter 7 added by Stats. 1998, Ch. 813, Sec. 1. )

    Verify source ↗

    The director must use specified account funds to finance canal lining and groundwater conjunctive use facilities, and the canal lining projects must be completed by December 31, 2008 unless extraordinary circumstances require a later date.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 7. Colorado River Management Program [12560 - 12565] ( Chapter 7 added by Stats. 1998, Ch. 813, Sec. 1. ) ## 12562. (a) (1) In furtherance of implementing and achieving the goals of the “California Plan,” the sum of two hundred million dollars ($200,000,000) in the account shall be used by the director to finance and arrange for lining portions of the All American Canal and the Coachella Branch of the All American Canal. (2) The canal lining projects shall be completed not later than December 31, 2008, or such later date as may be required by extraordinary circumstances. (3) The allocation of the water conserved from the canal lining projects and to be made available to the Metropolitan Water District of Southern California shall be consistent with federal law and shall be determined by an agreement among the Metropolitan Water District of Southern California, the Imperial Irrigation District, the Palo Verde Irrigation District, the Coachella Valley Water District, and the San Luis Rey settlement parties, reached after consultation with the director and the United States Secretary of the Interior. (b) (1) The sum of thirty-five million dollars ($35,000,000) from the account shall be used by the director to finance the installation of recharge, extraction, and distribution facilities for groundwater conjunctive use programs necessary to implement the “California Plan.” (2) Water stored in connection with the groundwater conjunctive use programs described in paragraph (1) shall be for the benefit of the member public agencies of the Metropolitan Water District of Southern California. (3) Nothing in this subdivision limits the ability of the Metropolitan Water District of Southern California to enter into agreements regarding the sharing of any water made available under this subdivision. (c) The Legislature finds that the extension of the date from December 31, 2006, to December 31, 2008, for completing the canal project linings under paragraph (2) of subdivision (a) during the 2003 portion of the 2003–04 Regular Session is required due to extraordinary circumstances. The Legislature finds that there have been unforeseen construction delays, contract award delays, and changed conditions requiring design modifications for lining the All American Canal and the Coachella Branch of the All American Canal, and that these circumstances are extraordinary. (Amended by Stats. 2003, Ch. 613, Sec. 1. Effective January 1, 2004.)
  97. 12563.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 7. Colorado River Management Program [12560 - 12565] ( Chapter 7 added by Stats. 1998, Ch. 813, Sec. 1. )

    Verify source ↗

    If the specified transfer contingencies are not fully met before December 31, 2006, certain recipients must pay the state a portion of the funding, unless they are San Luis Rey settlement parties.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 7. Colorado River Management Program [12560 - 12565] ( Chapter 7 added by Stats. 1998, Ch. 813, Sec. 1. ) ## 12563. If the contingencies for a transfer to the San Diego County Water Authority of the conserved water under the water transfer agreement entered into by the Imperial Irrigation District and the San Diego County Water Authority on April 29, 1998, have not been satisfied in full prior to December 31, 2006, any recipient of the water made available under the agreement described in subdivision (a) of Section 12562, other than the San Luis Rey settlement parties, shall pay to the state, if required by statute, a portion of the funding made available under subdivision (a) of Section 12562, in an amount to be determined by the statute. (Added by Stats. 1998, Ch. 813, Sec. 1. Effective January 1, 1999.)
  98. 12564.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 7. Colorado River Management Program [12560 - 12565] ( Chapter 7 added by Stats. 1998, Ch. 813, Sec. 1. )

    Verify source ↗

    If the transfer contingencies are not fully satisfied before December 31, 2006, the Legislature’s authority to allocate or reallocate water by statute is not affected by the referenced contract.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 7. Colorado River Management Program [12560 - 12565] ( Chapter 7 added by Stats. 1998, Ch. 813, Sec. 1. ) ## 12564. Nothing in the contract anticipated by the memorandum of understanding entered into on August 12, 1998, by the Metropolitan Water District of Southern California and the San Diego County Water Authority shall affect the authority of the Legislature to allocate, by statute, or reallocate water if the contingencies for a transfer of the conserved water to the San Diego County Water Authority under the water transfer agreement entered into by the Imperial Irrigation District and the San Diego County Water Authority on April 29, 1998, have not been satisfied in full prior to December 31, 2006. (Added by Stats. 1998, Ch. 813, Sec. 1. Effective January 1, 1999.)
  99. 12565.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 7. Colorado River Management Program [12560 - 12565] ( Chapter 7 added by Stats. 1998, Ch. 813, Sec. 1. )

    Verify source ↗

    The money may be spent only to line the All American Canal and the Coachella Branch, and only after listed study, environmental, and mitigation requirements are met.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 5. THE COLORADO RIVER BOARD OF CALIFORNIA [12500 - 12565] ( Part 5 added by Stats. 1943, Ch. 370. ) ## CHAPTER 7. Colorado River Management Program [12560 - 12565] ( Chapter 7 added by Stats. 1998, Ch. 813, Sec. 1. ) ## 12565. The two hundred million dollars ($200,000,000) made available to the director pursuant to subdivision (a) of Section 12562 may be expended solely for the lining of the All American Canal and the Coachella Branch of the All American Canal and only if all of the following requirements have been met: (a) The Salton Sea Authority commissions a study of seepage and subsurface inflows to the Salton Sea from the All American Canal and the Coachella Branch of the All American Canal, and that study is completed. The study shall determine the nature of subsurface and drainage canal water movements from the unlined canals to the Salton Sea and to existing adjacent wetlands, and shall quantify the amount of water that may be lost to the Salton Sea and to those wetlands due to the canal lining projects. The Salton Sea Science Subcommittee shall review the requests for proposals for the study and shall be consulted in selecting the contractor responsible for conducting the study. (b) Environmental documentation and permits required by the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the National Environmental Policy Act of 1969 (42 U.S.C.A. Sec. 4321 et seq.), and any other applicable state and federal environmental laws are approved and certified for the All American Canal Lining Project or the Coachella Branch Lining Project. (c) Pursuant to its responsibilities as a trustee agency under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the Director of Fish and Game makes a finding that a canal lining project that is the subject of a request for funding pursuant to this chapter will avoid or mitigate all significant effects of the project on fisheries and other wildlife. The finding shall be accompanied by a statement from the United States Secretary of the Interior certifying that measures for the replacement of incidental fish and wildlife values adjacent to the All American Canal and the Coachella Branch of the All American Canal foregone as a result of the lining of the canal, or the mitigation of resulting impacts on fish and wildlife resources from the construction of a new canal, or a portion thereof, meet the statutory requirements of Section 203(a)(2) of Public Law 100-675. These mitigation measures shall be on an acre-for-acre basis, based on ecological equivalency, and shall be implemented concurrent with the construction of the canal lining project. (Added by Stats. 1998, Ch. 813, Sec. 1. Effective January 1, 1999.)
  100. 1257.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    When deciding water-appropriation applications, the board must consider the relative benefits of beneficial water uses and reuse or reclamation proposals, and it may attach terms and conditions to the appropriation.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1257. In acting upon application to appropriate water, the board shall consider the relative benefit to be derived from (1) all beneficial uses of the water concerned including, but not limited to, use for domestic, irrigation, municipal, industrial, preservation and enhancement of fish and wildlife, recreational, mining and power purposes, and any uses specified to be protected in any relevant water quality control plan, and (2) the reuse or reclamation of the water sought to be appropriated, as proposed by the applicant. The board may subject such appropriations to such terms and conditions as in its judgment will best develop, conserve, and utilize in the public interest, the water sought to be appropriated. (Amended by Stats. 1970, Ch. 157.)
  101. 1257.5.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    When acting on water-appropriation applications, the board must consider proposed streamflow requirements for fish and wildlife and may set necessary streamflow requirements as permit or license conditions.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1257.5. The board, in acting on applications to appropriate water, shall consider streamflow requirements proposed for fish and wildlife purposes pursuant to Sections 10001 and 10002 of the Public Resources Code. The board may establish such streamflow requirements as it deems necessary to protect fish and wildlife as conditions in permits and licenses in accordance with this division. (Added by Stats. 1985, Ch. 1259, Sec. 4.)
  102. 12570.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 1. Short Title [12570- 12570.] ( Article 1 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    Chapters 1 and 2 of this part are known and may be cited as “The State Water Resources Law of 1945.”

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 1. Short Title [12570- 12570.] ( Article 1 added by Stats. 1953, Ch. 196. ) ## 12570. Chapters 1 and 2 of this part shall be known and may be cited as “The State Water Resources Law of 1945.” (Added by Stats. 1953, Ch. 196.)
  103. 12571.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Definitions [12571 - 12573] ( Article 2 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    The definitions in this article control how this part is read.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Definitions [12571 - 12573] ( Article 2 added by Stats. 1953, Ch. 196. ) ## 12571. The definitions in this article govern the construction of this part. (Added by Stats. 1953, Ch. 196.)
  104. 12573.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Definitions [12571 - 12573] ( Article 2 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    This section defines “lands, easements and rights of way” for channel improvement and rectification projects.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Definitions [12571 - 12573] ( Article 2 added by Stats. 1953, Ch. 196. ) ## 12573. “Lands, easements and rights of way” includes lands and rights or interests in lands whereon channel improvements and channel rectifications are located; lands, rights, or interests in lands necessary in connection with the construction, operation, or maintenance of such channel improvements and rectifications, including those necessary for flowage purposes, spoil areas, borrow pits, or for access roads; and including the cost of the relocation, reconstruction, or replacement of existing improvements, structures, or utilities rendered necessary by such channel improvements and rectifications. (Added by Stats. 1953, Ch. 196.)
  105. 12578.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    The provision states that the State’s people have a primary interest in controlling and conserving flood waters and using the State’s water resources in the general public interest.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. ) ## 12578. It is hereby declared that the people of the State have a primary interest in the control and conservation of flood waters, prevention of damage by flood waters, the washing away of river and stream banks by floods, and in the determination of the manner in which flood waters shall be controlled for the protection of life and property and the control, storage, and use of the State’s water resources in the general public interest. (Added by Stats. 1953, Ch. 196.)
  106. 12579.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    The section declares that recurrent floods are harmful and states that flood control, storage, beneficial use, and prevention of flood damage are proper state functions.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. ) ## 12579. It is hereby declared that recurrent floods on streams and rivers, and other waterways of the State, causing loss of life and property, disruption of commerce, interruption of transportation and communications, and wasting of water, are detrimental to the peace, health, safety, and welfare of the people of the State. The control, storage and full beneficial use of flood waters, and the prevention of damage by flood waters, and the washing away of river and stream banks by floods are proper functions and activities of the State, in cooperation with counties, cities, state agencies and public districts, and in cooperation with the United States, or any of its departments or agencies. (Added by Stats. 1953, Ch. 196.)
  107. 1258.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    When acting on water-appropriation applications, the board must consider existing water quality control plans and may add terms and conditions needed to carry them out.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1258. In acting upon applications to appropriate water, the board shall consider water quality control plans which have been established pursuant to Division 7 (commencing with Section 13000) of this code, and may subject such appropriations to such terms and conditions as it finds are necessary to carry out such plans. (Amended by Stats. 1969, Ch. 482.)
  108. 12580.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    The State is directed to study and coordinate water development projects and to participate in flood control works when the benefits exceed the estimated cost.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. ) ## 12580. It is further declared that the State should engage in the study and coordination of all water development projects, including flood control projects, undertaken by counties, cities, state agencies and public districts, and the United States or any of its departments or agencies in order that such allocations and appropriations as are made by the State Legislature for such purposes will be expended upon those projects which are most beneficial to the State, and which will bring maximum benefits to the people of the State from the expenditure of public funds, and also that the State should participate in the construction of flood control works and projects and render beneficial aid thereto, when the benefits are in excess of the estimated cost. (Added by Stats. 1953, Ch. 196.)
  109. 12581.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    When studying water development projects, all beneficial uses of the state’s water resources must be fully considered.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. ) ## 12581. In studying water development projects, full consideration shall be given to all beneficial uses of the State’s water resources, including irrigation, generation of electric energy, municipal and industrial consumption of water and power, repulsion of salt water, preservation and development of fish and wildlife resources, and recreational facilities, but not excluding other beneficial uses of water, in order that recommendations may be made as to the feasibility of such projects and for the method of financing feasible projects. (Added by Stats. 1953, Ch. 196.)
  110. 12582.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    Fish and wildlife values must be considered in flood control and water conservation programs, and migratory fish protection should be addressed when practicable in project design, construction, and operation.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. ) ## 12582. Fish and wildlife values, both economic and recreational, shall be given consideration in any flood control or water conservation program. In the design, construction, and operation of projects, when engineering and economic features of the project make it practicable, adequate provisions shall be made for the protection of migratory fishes, and the designs for structures and facilities required for such protection shall be prepared in cooperation with the United States Fish and Wildlife Service and the California Department of Fish and Game. (Added by Stats. 1953, Ch. 196.)
  111. 12582.5.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    Recreational uses should be considered in flood control or water conservation programs, and project design should provide for them when practicable.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. ) ## 12582.5. Recreational uses, such as walkways, pathways, access points and view areas, shall be given consideration in any flood control or water conservation program. In the design, construction and operation of projects, when engineering and economic features of the project make it practicable, adequate provisions shall be made for such public recreational uses. The design of the areas and facilities for such uses shall be prepared in cooperation with the Department of Water Resources. (Added by Stats. 1969, Ch. 979.)
  112. 12582.7.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    A flood management project getting this funding must satisfy listed state-authorization requirements first.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. ) ## 12582.7. (a) A flood management project that receives financial assistance under this chapter and Chapter 3 (commencing with Section 12800) shall meet all of the following requirements prior to state authorization: (1) The project shall qualify for federal financial assistance under the requirements applicable to federal water resource development projects and shall be federally authorized. Projects may be authorized pursuant to a Chief Engineers’ report, but shall not be eligible for state financial assistance until authorized by Congress. (2) The total annual benefit of providing protection from flood damages shall exceed the annual cost of the project allocable to flood management. The project shall be designed to produce the greatest feasible reduction in flood damages in the most efficient manner practicable, with due regard for environmental and recreational considerations, and local economic conditions. (3) The project’s nonfederal sponsor, or other appropriate local agency, shall be in compliance with Section 701b-12 of Title 33 of the United States Code, which requires the preparation, adoption, and implementation of a floodplain management plan designed to reduce the impacts of future floods. All local communities benefiting from the project shall have an ordinance consistent with the National Flood Insurance Program’s model floodplain management ordinance. (4) The project shall avoid, minimize, or mitigate impacts to environmental and recreational values. (5) Project planning documents shall include an evaluation of opportunities to include multipurpose objectives. The nonfederal sponsor shall accommodate other partners that provide the costs of including multipurpose objectives that the nonfederal sponsor determines are compatible with the project’s schedule and primary flood management purpose. (b) (1) The Reclamation Board or department, in its advisory role, shall provide sufficient review and oversight in the initial scoping process, feasibility evaluation, environmental review, and project approval processes for flood management projects to determine whether the requirements set forth in subdivision (a) are met. The department or the Reclamation Board shall inform the nonfederal sponsor and any local sponsor whether the project meets the requirements set forth in subdivision (a) during the feasibility evaluation and environmental review process. Prior to state authorization, the department or the Reclamation Board shall submit a report to the Legislature that indicates whether the project meets the requirements set forth in subdivision (a). (2) The implementation of paragraph (1) in any fiscal year is contingent upon the appropriation of sufficient funds, as determined by the department, for the purposes of carrying out that paragraph. (c) Notwithstanding paragraph (2) of subdivision (a), the department or the Reclamation Board may recommend, and the Legislature may authorize, flood control projects for which the total annual benefit of providing protection from flood damages does not exceed the annual cost of the project allocable to flood management if the project increases the level of flood protection for state transportation facilities or state water supply facilities. (Added by Stats. 2000, Ch. 1071, Sec. 2. Effective January 1, 2001.)
  113. 12583.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    The Legislature states that state financial assistance for each authorized water project is limited to the cost of land, easements, and rights of way needed for construction.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. ) ## 12583. It is the intention of the Legislature that it will be the policy of the State that the amount of financial assistance to be given by the State to each project adopted and authorized for state assistance by the Legislature pursuant to the provisions of Chapters 1 and 2 of this part, shall be limited to the cost of land, easements, and rights of way necessary in connection with the construction of any such project. (Added by Stats. 1953, Ch. 196.)
  114. 12583.1.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    The state must not give financial assistance for relocating, rebuilding, or replacing existing improvements, structures, or utilities when the owner has no legal right to compensation.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. ) ## 12583.1. It is also declared to be the policy of the state that the state shall not provide financial assistance for relocation, reconstruction, or replacement of existing improvements, structures, or utilities for which the owner has no legal right to be compensated for such relocation, reconstruction, or replacement. (Added by Stats. 1973, Ch. 893.)
  115. 12584.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    The State must make appropriations by law to pay the cost of cooperation on certain flood control projects.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. ) ## 12584. Notwithstanding all other provisions of Chapters 1 and 2 of this part, appropriations will be made by the State, from time to time by law, to pay for the cost of cooperation on all flood control projects as required by the act of Congress approved December 22, 1944 (Public, Numbered 534, Seventy-eighth Congress, Second Session), and by the act of Congress approved August 18, 1941 (Public, Numbered 228, Seventy-seventh Congress, First Session), and which projects have by this part prior to September 22, 1951, been adopted and authorized for state assistance by the Legislature, and for which appropriations or allocation of funds have been made by the State prior to such date. (Added by Stats. 1953, Ch. 196.)
  116. 12585.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    The Legislature states a policy that, when certain federally approved projects are authorized and recommended for state assistance, the State will pay the local cooperation costs, limited to the costs of necessary lands, easements, and rights of way.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. ) ## 12585. In the event that the Congress after September 22, 1951, authorizes and approves projects, wherein financial assistance is required of local agencies of this State by the Federal Government, similar to the provisions of Public Law, Numbered 534, Seventy-eighth Congress, Second Session, and such projects are recommended for state assistance by the department and approved by the Legislature, including all projects adopted and authorized by the State for which no appropriations or allocations have been made, it is the intention of the Legislature that it will be the policy of the State to pay the costs of local cooperation required by the acts of Congress, except that such costs shall be limited to the costs of all lands, easements and rights of way necessary for the construction of such projects. (Amended by Stats. 1957, Ch. 1932.)
  117. 12585.1.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    Local co-operation costs for certain water projects include specified pre- and post-authorization expenses, but reimbursement is delayed until required federal and state approvals and congressional construction funding are in place.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. ) ## 12585.1. The costs of local co-operation shall include, as to projects specifically adopted and authorized by the Congress and the Legislature, costs hereafter incurred prior, as well as subsequent, to Congressional authorization but subsequent to submission of the project report by the Secretary of the Army or other authorized official to the Congress for project authorization; but such co-operation shall apply only to costs incurred for the project as finally authorized by the Congress and the State, and such costs shall not be eligible for reimbursement by the State until after federal and state authorization and after the appropriation of construction funds by the Congress. As to small flood control projects undertaken by the United States Corps of Engineers pursuant to Section 205 of the Flood Control Act of 1948 (Public Law 858, Eightieth Congress, 2nd Session, approved June 30, 1948), as amended, costs of local co-operation shall include costs incurred after submission of the design memorandum to the Chief of Engineers, if an allocation of funds for the project is thereafter made by the Chief of Engineers, and such costs shall be limited to costs incurred for the project as finally approved by the Chief of Engineers. (Added by Stats. 1959, Ch. 2092.)
  118. 12585.10.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    Section 161 does not apply to adopting or revising regulations, guidelines, or criteria that implement Sections 12582.7 and 12585.7.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. ) ## 12585.10. Section 161 does not apply to the adoption or revision of regulations, guidelines, or criteria to implement Section 12582.7 and 12585.7. (Added by Stats. 2001, Ch. 606, Sec. 8. Effective October 9, 2001.)
  119. 12585.12.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    The department and the board may help design and build environmental enhancements tied to a federal flood control project.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. ) ## 12585.12. The department and the board may participate with the federal government or local agencies in the design of environmental enhancements associated with a federal flood control project, and may participate in the construction of environmental enhancements associated with a federal flood control project for which the state has authorized state participation. (Added by Stats. 2007, Ch. 368, Sec. 9. Effective January 1, 2008.)
  120. 12585.2.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    For certain post-1969 water projects, the state and local agency must share specified project costs.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. ) ## 12585.2. Notwithstanding any other provisions of Chapter 2 (commencing with Section 12639) and Chapter 3 (commencing with Section 12800) of this part, and this chapter, the following policy shall apply to projects authorized by the Legislature after November 10, 1969, and to small flood control projects authorized by Section 12750 for which the department made the findings required by Section 12750.1 after November 10, 1969. (a) The state shall pay 75 percent of the costs of lands and rights or interest in lands whereon channel improvements and channel rectifications are located and of lands, rights, or interests in lands necessary in connection with the construction, operation, or maintenance of such channel improvements and rectifications, including those necessary for flowage purposes, spoil areas, borrow pits, or for access roads, apportioned to the benefits resulting from the reduction of flood damage. (b) The local agency shall pay 25 percent of the costs of lands and rights or interests in lands whereon channel improvements and channel rectifications are located and of lands, rights, or interests in lands necessary in connection with the construction, operation or maintenance of such channel improvements or rectifications, including those necessary for flowage purposes, spoil areas, borrow pits, or for access roads, apportioned to the benefits resulting from the reduction of flood damage and all of such costs apportioned to the benefits resulting from increased or higher utilization of land. (c) The state shall pay 90 percent of the costs of the relocation, reconstruction, or replacement of existing improvements, structures, or utilities rendered necessary by the project, apportioned to the benefits resulting from the reduction of flood damage. (d) The local agency shall pay 10 percent of the costs of the relocation, reconstruction, or replacement of existing improvements, structures, or utilities rendered necessary by the project, apportioned to the benefits resulting from the reduction of flood damage and all of such costs apportioned to the benefits resulting from increased or higher utilization of land. (e) The state’s portion of the costs under subdivisions (a) and (c) shall be determined by the department at or prior to the time the report recommending federal authorization is submitted to the Congress or, in the case of a small project authorized by Section 12750, at the time the report recommending federal authorization is submitted to the United States Army Chief of Engineers, except in the case of emergency flood control construction when congressional authorization and appropriation are concurrent and the normal planning procedures are not followed. In the case of projects already having federal authorization, the state’s portion of such costs shall be determined by the department at the time state authorization is sought by the local agency. The state’s portion shall not be changed unless there are major project changes made in the plan of improvement, in which case the department, prior to the next appropriation of state funds for the project, shall review the project and make such new determination as it deems justified by the project changes. (f) When a project authorized prior to November 10, 1969, is so modified that it becomes subject to the provisions of Section 12639, the policy described in this section shall be applied to any portion of the modified project which the department determines to be beyond the scope of the originally authorized project. (Added by Stats. 1973, Ch. 893.)
  121. 12585.3.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    A local agency may get credit toward its share of project land costs if the land was acquired within five years before federal authorization.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. ) ## 12585.3. The local agency may receive credit against its share of the costs of lands, easements, and rights-of-way as determined in subdivisions (b) and (d) of Section 12585.2 for lands required for the project which were acquired not more than five years prior to federal authorization of the project. The amount of this credit shall be determined by the department or the board by applying the percentage representing the state portion of the costs of lands, easements, and rights-of-way as determined in subdivision (a) of Section 12585.2 to the actual costs of the local agency in the case of acquisition by purchase or condemnation, and to the fair market value at the time the title is transferred in the case of acquisition free of charge. (Amended by Stats. 1974, Ch. 1054.)
  122. 12585.4.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    The department or board may make certain loans to a local agency if specifically authorized by the Legislature, and the local agency must repay the loan in annual installments starting one year after it is made.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. ) ## 12585.4. Whenever specifically authorized by the Legislature, the department or the board may lend the local agency the funds necessary to pay the local portion of the costs of lands, easements, and rights-of-way determined in subdivisions (b) and (d) of Section 12585.2, less any credit for previously acquired lands determined under Section 12585.3. The state loan may not exceed a period of 10 years and the rate of interest on the loan shall be the current rate for the state’s Pooled Money Investment Account. The loan shall be repaid in annual installments beginning one year after the loan is made. The annual loan payment may be deducted from the state’s annual tax subvention to the local agency, if any. In the event that the local agency does not receive tax subventions from the state adequate to make the loan payment and becomes in default on the loan payments, the local agency, notwithstanding any other provisions of any statute limiting its tax ceiling, shall levy sufficient taxes to repay the loan. Notwithstanding any other provisions of law, any local agency authorized to participate in the construction of federal flood control projects is authorized to accept the loans authorized pursuant to this section. (Amended by Stats. 1974, Ch. 1054.)
  123. 12585.5.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    For certain water projects, the state must pay 70% of specified nonfederal costs, and a local agency may get credit for qualifying land costs.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. ) ## 12585.5. Notwithstanding any other provision of Chapter 2 (commencing with Section 12639), Chapter 3 (commencing with Section 12800), and this chapter, the following policy shall apply to projects authorized by the Legislature after January 1, 1987, and to small flood control projects authorized by Section 12750 for which the department made the findings required by Section 12750.1 after January 1, 1987: (a) The state shall pay 70 percent of the nonfederal capital costs required by Section 103(a) of Public Law 99-662. (b) The state shall pay 70 percent of the nonfederal capital costs of fish and wildlife mitigation. (c) The state shall pay 70 percent of the nonfederal planning and engineering costs required by Section 105(b) and the nonfederal design costs required by Section 105(c) of Public Law 99-662. (d) The local agency may receive credit against its share of the costs of lands, easements, and rights-of-way, as determined in subdivision (a), for lands required for the project which were acquired not more than five years prior to federal authorization of the project. The amount of this credit shall be determined by the department or the Reclamation Board by applying the 70 percent state portion as determined in subdivision (a) to the actual costs of the local agency in the case of acquisition by purchase or condemnation and to the fair market value at the time the title is transferred in the case of acquisition free of charge. (e) The state payments under subdivisions (a), (b), (c), and (d) are subject to Section 12585.1. (Added by Stats. 1988, Ch. 1251, Sec. 1.)
  124. 12585.6.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    For certain qualifying projects, the state must pay the costs specified in Section 12585.2 or Section 12585.5, if the local agency chooses that option.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. ) ## 12585.6. For projects authorized by the Legislature prior to January 1, 1987, or for small flood control projects authorized by Section 12750 for which the department made the findings required by Section 12750.1 prior to January 1, 1987, which have been determined by the Corps of Engineers to be subject to the nonfederal costs of Sections 103(a), 105(b), and 105(c) of Public Law 99-662, the state shall pay the costs specified in Section 12585.2 or in Section 12585.5, at the election of the local agency. (Added by Stats. 1988, Ch. 1251, Sec. 2.)
  125. 12585.7.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    For covered water development projects, the state must pay specified percentages of certain nonfederal project costs, and state cost sharing can rise to 70% if the required findings are made.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. ) ## 12585.7. Notwithstanding any other provision of this chapter, Chapter 2 (commencing with Section 12639), or Chapter 3 (commencing with Section 12800), the following requirements apply to projects authorized by the Legislature on or after January 1, 2002, and to small flood management projects authorized by Section 12750 for which the department makes the findings required by Section 12750.1 on or after January 1, 2002. (a) The state shall pay 50 percent of the nonfederal capital costs required by Section 2213 of Title 33 of the United States Code. (b) The state shall pay 50 percent of the nonfederal capital costs of fish, wildlife, and recreation mitigation. (c) The state shall pay 50 percent of the nonfederal planning and engineering costs required by Section 2215(b) of Title 33 of the United States Code and the nonfederal design costs required by Section 2215(c) of Title 33 of the United States Code. (d) The state share of the nonfederal capital costs authorized in subdivisions (a), (b), and (c) may be increased by up to an additional 20 percent, to a maximum of 70 percent, upon the recommendation of the department or the Central Valley Flood Protection Board, if either entity determines that the project will result in a significant contribution to any of the following objectives: (1) Protects, creates, enhances, or provides opportunities for enhancement of endangered species, riparian, aquatic, terrestrial, or other important habitats. (2) Protects or enhances open space. (3) Develops or enhances recreational opportunities that include, but shall not be limited to, picnic areas, foot and bike paths, and provides public access to all or nearly all of the project works, except those areas where public access would constitute a threat to public safety or habitat or would constitute a trespass on private property. (4) Increases the level of flood protection for disadvantaged communities, as defined in Section 79505.5. (5) Increases the level of flood protection for state transportation facilities or state water supply facilities. (e) (1) The department or Central Valley Flood Protection Board shall include their recommendations with regard to increased cost sharing in the report prepared pursuant to subdivision (b) of Section 12582.7, if so prepared, or in any addendum to that report. (2) The department or Central Valley Flood Protection Board shall determine whether the project will result in a significant contribution to the prescribed objectives based upon substantial evidence in the record. The department shall develop, by regulation pursuant to Section 12601, criteria for making the determinations as to whether projects will make significant contributions to the objectives described in subdivision (d). (f) The state payments under subdivisions (a) and (b) are subject to Section 12585.1. State payments under subdivision (c) are not subject to Section 12585.1. (Amended by Stats. 2010, Ch. 579, Sec. 1. (AB 1788) Effective January 1, 2011.)
  126. 12585.8.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    For projects funded under Section 12585.7, the local agency receives credit for specified land interests, and the department or Reclamation Board must calculate the credit amount using the Section 12585.7 percentage and the Corps of Engineers’ credit amount.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. ) ## 12585.8. For all projects funded in accordance with Section 12585.7, the local agency shall receive credit against its share for the value of the lands, easements, and rights-of-way, for lands required for the project, to the extent authorized under federal law. The amount of the credit shall be determined by the department or the Reclamation Board by applying the percentage amount determined in 12585.7 to the actual amount of any credit determined by the United States Army Corps of Engineers. (Added by Stats. 2000, Ch. 1071, Sec. 5. Effective January 1, 2001.)
  127. 12585.9.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    The department or the Reclamation Board must review flood control projects before they are authorized and determine whether hydraulic impacts are mitigated.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. ) ## 12585.9. The department or the Reclamation Board shall review flood control projects prior to authorization for the purposes of determining whether the project’s individual and cumulative hydraulic impacts are mitigated, as required by Division 13 (commencing with Section 21000) of the Public Resources Code. The department or the Reclamation Board shall include the determination in the report to the Legislature required by subdivision (b) of Section 12582.7, if the report is prepared. (Added by Stats. 2000, Ch. 1071, Sec. 6. Effective January 1, 2001.)
  128. 12586.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    This section says Chapters 1 and 2 must not be read to change California’s policy on a specified contract, or to alter the powers and duties of the department or the Reclamation Board under other law.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 3. Declarations of Policy [12578 - 12586] ( Article 3 added by Stats. 1953, Ch. 196. ) ## 12586. It is the intention of the Legislature that nothing in Chapters 1 and 2 of this part shall be deemed to change the policy of the State respecting that certain contract entered into between the Federal Government and the State of California made pursuant to an act of Congress of the United States, approved May 15, 1928 (Public, Numbered 391, Seventy-seventh Congress, First Session, 45 Statutes at Large 534, Chapter 569), and an act of the Legislature, approved May 4, 1925 (Chapter 176, Statutes of 1925, Section 8525 of this code), nor shall anything in Chapters 1 and 2 of this part be deemed or construed to modify, limit or take away from the powers and duties vested in the department by any law or in the Reclamation Board pursuant to the provisions of Part 4, Division 5, of this code. (Amended by Stats. 1957, Ch. 1932.)
  129. 1259.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    When acting on water appropriation applications, the board must consider the state goal of providing a decent home and suitable living environment for every Californian.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1259. In acting upon applications to appropriate water, the board shall consider the state goal of providing a decent home and suitable living environment for every Californian. (Added by Stats. 1979, Ch. 947.)
  130. 1259.2.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board must prepare an annual chart-form summary of pending water-appropriation applications in five named counties, and it may post that information on its website.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1259.2. (a) The board shall annually prepare a written summary, in chart form, of pending applications to appropriate water in the Counties of Marin, Napa, Sonoma, Mendocino, and Humboldt. The summary shall include a description of the status of each pending application, the actions taken in the preceding year, proposed actions for the upcoming year, and the proposed date for final action with regard to that application. (b) For the purposes of carrying out subdivision (a), the board may post the information described in subdivision (a) on its Web site. (Added by Stats. 2004, Ch. 943, Sec. 2. Effective January 1, 2005.)
  131. 1259.4.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. )

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    The board must adopt instream-flow principles and guidelines for certain coastal streams by January 1, 2008, and may adopt or consider related guidance for other streams before doing so.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1259.4. (a) (1) On or before January 1, 2008, the board shall adopt principles and guidelines for maintaining instream flows in coastal streams from the Mattole River to San Francisco and in coastal streams entering northern San Pablo Bay, as part of state policy for water quality control adopted pursuant to Article 3 (commencing with Section 13140) of Chapter 3 of Division 7, for the purposes of water right administration. (2) The board may adopt principles and guidelines for maintaining instream flows not described in paragraph (1), as part of state policy for water quality control adopted pursuant to Article 3 (commencing with Section 13140) of Chapter 3 of Division 7, for the purposes of water right administration. (b) Prior to the adoption of principles and guidelines pursuant to subdivision (a), the board may consider the 2002 “Guidelines for Maintaining Instream Flows to Protect Fisheries Resources Downstream of Water Diversions in Mid-California Coastal Streams” for the purposes of water right administration. (Amended by Stats. 2005, Ch. 81, Sec. 7. Effective July 19, 2005.)
  132. 1259.6.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. )

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    The board must adopt regulations on climate change effects in water availability analyses for water rights permit review, and it may not refuse or delay applications just because the regulations are not yet adopted.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1250 - 1259.6] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1259.6. (a) (1) The board shall develop and adopt regulations to govern consideration of climate change effects in water availability analyses used in the board’s review of applications for water rights permits. The board, in developing and adopting the regulations, shall consider the effects of climate change upon watershed hydrology. The effects considered shall include, but are not limited to, drought extremes, floods, and groundwater-surface water interactions. (2) This section does not limit any authority held by the board under this code or any other law, including, but not limited to, the authority of the board to require applicants for water right permits to submit information pursuant to Section 1260 or 1275. (3) In developing the regulations, the board shall consider the feasibility of accurately assessing the effects of climate change on watershed hydrology. (b) In preparing the regulations pursuant to subdivision (a), the board shall consult with the Department of Water Resources, the Department of Fish and Wildlife, qualified hydrologists and climate change scientists, potential applicants, and other interested parties. (c) This section does not limit the board’s authority to accept or process applications before the regulations required under this section are adopted. The board shall not refuse to accept or delay processing or approval of an application on the grounds that the regulations have not yet been adopted. (Added by Stats. 2022, Ch. 369, Sec. 1. (SB 1205) Effective January 1, 2023.)
  133. 126.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. )

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    The Governor appoints one Deputy Director of Water Resources, the director sets that deputy’s compensation and assigns duties, and the deputy director is answerable to the director.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## 126. There shall be one Deputy Director of Water Resources who shall be a civil executive officer and shall be appointed by the Governor and serve at the pleasure of the Governor. The compensation of the deputy director shall be fixed by the director pursuant to law. The deputy director shall have such duties as shall be assigned, from time to time, by the director, and he shall be responsible to the director for the performance thereof. (Added by renumbering Section 156 by Stats. 1957, Ch. 1932.)
  134. 1260.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Contents of Applications [1260 - 1266] ( Article 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    An applicant for a water-appropriation permit must include specified information in the application.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Contents of Applications [1260 - 1266] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1260. An application for a permit to appropriate water shall set forth all of the following: (a) The name and post office address of the applicant. (b) The source of water supply. (c) The nature and amount of the proposed use. (d) The location and description of the proposed headworks, ditch canal, and other works. (e) The proposed place of diversion. (f) The place where it is intended to use the water. (g) The time within which it is proposed to begin construction. (h) The time required for completion of the construction. (i) The time for the complete application of the water to the proposed use. (j) All data and information reasonably available to applicant or that can be obtained from the Department of Fish and Wildlife concerning the extent, if any, to which fish and wildlife would be affected by the appropriation, and a statement of any measures proposed to be taken for the protection of fish and wildlife in connection with the appropriation. (k) Sufficient information to demonstrate a reasonable likelihood that unappropriated water is available for the proposed appropriation. (Amended by Stats. 2015, Ch. 683, Sec. 52. (SB 798) Effective January 1, 2016.)
  135. 12601.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 4. Administrative Provisions [12601 - 12612] ( Heading of Article 4 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    The department must set general policies and issue rules and regulations for administering Chapters 1 and 2, and it may require information it considers necessary.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 4. Administrative Provisions [12601 - 12612] ( Heading of Article 4 amended by Stats. 1957, Ch. 1932. ) ## 12601. The department shall establish general policies, prescribe rules and regulations for the general administration of Chapters 1 and 2 of this part, and may require such information as it deems necessary. (Amended by Stats. 1957, Ch. 1932.)
  136. 12602.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 4. Administrative Provisions [12601 - 12612] ( Heading of Article 4 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    The department may attend or participate in conferences and hearings about water projects, and the California Water Commission must present its views in certain federal appropriations hearings.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 4. Administrative Provisions [12601 - 12612] ( Heading of Article 4 amended by Stats. 1957, Ch. 1932. ) ## 12602. The department, or a representative authorized by the department to do so, may call, conduct or attend conferences or hearings, official or unofficial, within or without this state, or otherwise participate in such conferences or hearings, with interested persons, agencies or officers, of this or any other state, or with the Congress of the United States, congressional committees, or officials of the federal government, concerning water projects, plans, or problems. However, where the appropriations committees of the Congress are hearing requests for appropriations for flood control projects being planned or constructed in California under the jurisdiction of the United States Army Corps of Engineers, or reclamation projects being planned or constructed in California by the Bureau of Reclamation, United States Department of the Interior, the California Water Commission shall present its views. Prior to making such presentation, the commission shall consult with interested local, state, and federal agencies, and may on request report to the committees the views of any county, city, state agency, or public district regarding such appropriations. The commission may, on request, represent any local agencies before such committees. Nothing in this section or in Section 12604.3 shall be deemed or construed to modify, limit, or take away from any of the powers and duties vested in the department, or any other state agency, pursuant to this article. (Amended by Stats. 1968, Ch. 1041.)
  137. 12603.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 4. Administrative Provisions [12601 - 12612] ( Heading of Article 4 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    The department must stay informed about U.S. activities, requirements, or procedures that affect proposed water projects in scope.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 4. Administrative Provisions [12601 - 12612] ( Heading of Article 4 amended by Stats. 1957, Ch. 1932. ) ## 12603. The department shall keep itself informed as to any activities, requirements or procedures of the United States, its departments or agencies affecting any proposed water project within the scope of Chapters 1 and 2 of this part, including flood control, water conservation, domestic and irrigation use, and power development, but not excluding other uses. (Amended by Stats. 1957, Ch. 1932.)
  138. 12604.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 4. Administrative Provisions [12601 - 12612] ( Heading of Article 4 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    The department may represent state and local public interests, and may coordinate with the United States on matters within its powers and duties. The director or an authorized representative may travel inside or outside the state when necessary.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 4. Administrative Provisions [12601 - 12612] ( Heading of Article 4 amended by Stats. 1957, Ch. 1932. ) ## 12604. As to any matter involving the United States, its departments or agencies, which is within the scope of the powers and duties of the department, the department may represent the interests of the State or any county, city, state agency or public district, and to that end may correspond, confer and cooperate with the United States, its departments or agencies, and where necessary the director, or his authorized representative, may travel either within or without the State. (Amended by Stats. 1957, Ch. 1932.)
  139. 12604.3.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 4. Administrative Provisions [12601 - 12612] ( Heading of Article 4 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    The California Water Commission must advise the department and the Governor on coordination issues for federal water development and flood control projects, and it may confer with the appropriate U.S. executive agencies.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 4. Administrative Provisions [12601 - 12612] ( Heading of Article 4 amended by Stats. 1957, Ch. 1932. ) ## 12604.3. In matters concerning the coordination of planning, construction, and operation of federal water development and flood control projects in the State of California with state and local projects, the California Water Commission shall advise the department, and the Governor, and to this end may confer with the appropriate executive agencies of the United States. (Added by Stats. 1967, Ch. 180.)
  140. 12606.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 4. Administrative Provisions [12601 - 12612] ( Heading of Article 4 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    The department may hold hearings and conduct investigations anywhere in the State.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 4. Administrative Provisions [12601 - 12612] ( Heading of Article 4 amended by Stats. 1957, Ch. 1932. ) ## 12606. The department may hold hearings and conduct investigations in any part of the State. (Amended by Stats. 1957, Ch. 1932.)
  141. 12608.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 4. Administrative Provisions [12601 - 12612] ( Heading of Article 4 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    At department hearings, specified public bodies and interested persons may appear and submit petitions, evidence, testimony, plans, data, information, or opinions.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 4. Administrative Provisions [12601 - 12612] ( Heading of Article 4 amended by Stats. 1957, Ch. 1932. ) ## 12608. At any hearing by or on behalf of the department any county, city, state agency, including the Department of Fish and Game, public district, association, or any person affected by or interested in the control, storage, and use of water resources, involved in the hearing may appear and present any petition, evidence, testimony, plan, data, information, or opinion bearing on the subject matter of the hearing including an evaluation of loss and damage to fish and other natural resources. (Amended by Stats. 1957, Ch. 1932.)
  142. 12609.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 4. Administrative Provisions [12601 - 12612] ( Heading of Article 4 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    The department is given powers to collect data, conduct studies and investigations, prepare project cost-benefit estimates, assess flood damage, encourage local flood control and water conservation planning, and cooperate with federal agencies.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 4. Administrative Provisions [12601 - 12612] ( Heading of Article 4 amended by Stats. 1957, Ch. 1932. ) ## 12609. As a further means of carrying out the policies defined in Sections 12578 to 12582, inclusive, the department shall have the following powers and duties: (a) Collect and file data. (b) Make necessary studies and surveys. (c) Make investigations. (d) Prepare plans and estimates of cost and benefits of all proposed water development projects. (e) Determine the damage created by flood waters. (f) Encourage the creation and development of flood control and water conservation plans and activities of the several counties, cities, state agencies, and public districts. (g) Cooperate with the United States or any of its departments or agencies in carrying out measures for control, storage or use of waters on streams, rivers or other waterways, and the watersheds thereof within this State which are authorized and adopted pursuant to an act of Congress of the United States, approved June 22, 1936, entitled “An act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes,” together with amendatory or supplemental legislation adopted by Congress. (Amended by Stats. 1957, Ch. 1932.)
  143. 1261.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Contents of Applications [1260 - 1266] ( Article 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    Applications must include as many copies of the required maps, drawings, and other data as the board prescribes or requires.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Contents of Applications [1260 - 1266] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1261. All applications shall be accompanied by as many copies of such maps, drawings, and other data as may be prescribed or required by the board, and such maps, drawings, and other data are part of the application. (Amended by Stats. 1957, Ch. 1932.)
  144. 12610.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 4. Administrative Provisions [12601 - 12612] ( Heading of Article 4 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    The director or the director’s authorized representative may travel inside or outside the state and must consult and cooperate with affected local and state officials and engineers when carrying out Section 12609 duties.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 4. Administrative Provisions [12601 - 12612] ( Heading of Article 4 amended by Stats. 1957, Ch. 1932. ) ## 12610. In performing the duties prescribed in Section 12609, the director, or his authorized representative, may travel either within or without the State and shall consult and cooperate with the officials and engineers of the counties, cities, state agencies, or public districts affected. (Amended by Stats. 1957, Ch. 1932.)
  145. 12611.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 4. Administrative Provisions [12601 - 12612] ( Heading of Article 4 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    The department may cooperate with counties, cities, state agencies, or public districts on flood control and other water problems, and may make cooperative agreements when they request it.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 4. Administrative Provisions [12601 - 12612] ( Heading of Article 4 amended by Stats. 1957, Ch. 1932. ) ## 12611. The department may cooperate with any county, city, state agency or public district on flood control and other water problems and when requested by such county, city, state agency or public district, may enter into cooperative agreements to prepare plans and specifications, construct, or maintain and operate projects or expend money in behalf of such county, city, state agency or public district, to accomplish the purposes of Chapters 1 and 2 of this part. (Amended by Stats. 1957, Ch. 1932.)
  146. 12612.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 4. Administrative Provisions [12601 - 12612] ( Heading of Article 4 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    The department cannot build certain flood control or other water projects unless the affected county, city, state agency, or public district formally requests it.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 4. Administrative Provisions [12601 - 12612] ( Heading of Article 4 amended by Stats. 1957, Ch. 1932. ) ## 12612. The department has no authority to undertake the construction of flood control or other water projects provided for under Chapters 1 and 2 of this part, thereby obligating any county, city, state agency, or public district in any way except upon the formal request of such county, city, state agency or public district. (Amended by Stats. 1957, Ch. 1932.)
  147. 12616.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    The department may investigate the state’s water resources, make plans for their control and conservation, report on them, and study underground basins.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. ) ## 12616. The department may conduct investigations of the water resources of the State, formulate plans for the control, conservation, protection, and utilization of such water resources, including solutions for the water problems of each portion of the State as deemed expedient and economically feasible, and may render reports thereon. In conducting such investigations and formulating such plans, the department may conduct investigations and surveys to determine the availability, usability, extents, and boundaries of underground basins. (Amended by Stats. 1957, Ch. 1932.)
  148. 12617.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    The department may investigate and study water resource matters, and prepare related plans, estimates, and reports.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. ) ## 12617. The department, upon its own initiative, or when requested in writing by a county, city, state agency or public district, may investigate, conduct surveys and studies, prepare plans and estimates, and render reports concerning control, conservation, protection, and utilization of water resources, including recommendations for plans and projects. The department may at any time in its discretion enlarge or restrict the scope of any investigation, survey or study as it may determine the public interest requires. (Amended by Stats. 1957, Ch. 1932.)
  149. 12617.1.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    The department must include water-quality protection plans and recommendations when planning water projects, cooperate with other public bodies, and send those plans and recommendations to the state and regional water quality control boards.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. ) ## 12617.1. The department, in making investigations and plans for water projects and for the solution of the water problems of the state pursuant to Sections 12616 and 12617, shall include plans and recommendations for the protection of the quality of the waters affected, including downstream waters, with respect to all sources of impairment and factors affecting quality. In doing so, the department shall cooperate with counties, cities, state agencies, and public districts to the end that planning for water quality control shall be coordinated to the maximum extent possible. Such plans and recommendations shall be transmitted to the State Water Resources Control Board and to the appropriate California regional water quality control boards for their consideration in the adoption of state policy for water quality control, water quality control plans, and waste discharge requirements. (Added by Stats. 1969, Ch. 482.)
  150. 12618.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    The department may recommend construction of projects, including timing and funding amounts for counties, cities, state agencies, or public districts.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. ) ## 12618. The department may recommend the construction of any project, including the time for constructing it, and the amount of funds which should be allocated or appropriated to counties, cities, state agencies or public districts for the project. (Amended by Stats. 1957, Ch. 1932.)
  151. 12619.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    The department must submit reports and recommendations to certain counties, cities, state agencies, or public districts that appeared at a Section 12623 hearing.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. ) ## 12619. Reports and recommendations shall be submitted by the department to each county, city, state agency, or public district which has appeared at any hearing held pursuant to Section 12623. (Amended by Stats. 1957, Ch. 1932.)
  152. 1262.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Contents of Applications [1260 - 1266] ( Article 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    For agricultural-purpose applications, the application must state the land’s legal subdivisions and the acreage to be irrigated, as nearly as possible.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Contents of Applications [1260 - 1266] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1262. If for agricultural purposes the application shall give the legal subdivisions of the land and the acreage to be irrigated, as near as may be. (Enacted by Stats. 1943, Ch. 368.)
  153. 12620.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    Certain counties, cities, state agencies, or public districts may submit written views and recommendations to the department within 90 days after the department’s report and recommendations are submitted, or later if the department grants extra time for good cause.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. ) ## 12620. Within 90 days from the date of submission of the report and recommendations of the department, or within such extended period as the department may grant for good cause shown, the written views and recommendations of each county, city, state agency or public district which has appeared at any hearing may be submitted to the department. (Amended by Stats. 1957, Ch. 1932.)
  154. 12621.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    The department must send its report and recommendations to the Governor and Legislature, along with submitted views and recommendations and any supplementary report it considers appropriate.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. ) ## 12621. After the expiration of the period or extended period for the submission of written views and recommendations, or prior thereto in the event all those entitled to submit written views and recommendations have done so, or have signified their intention not to do so, the department shall transmit (1) the department’s report and recommendations to the Governor and to the Legislature together with (2) any submitted views and recommendations of the county, city, state agency, or public district and together with (3) such supplementary report and recommendations as the department may deem appropriate. (Amended by Stats. 1957, Ch. 1932.)
  155. 12622.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    The department must conduct project investigations, as far as practicable, so interested counties, cities, state agencies, and districts receive investigation information and can consult and cooperate during the investigation.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. ) ## 12622. Investigations which form the basis of any reports and recommendations of the department shall be conducted to the extent deemed practicable by the department in such a manner as to give to any interested county, city, state agency or district during the course of the investigations, information developed by the investigations, and opportunity for consultation and cooperation. (Amended by Stats. 1957, Ch. 1932.)
  156. 12623.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    Before adopting certain authorized reports and recommendations, the department must hold one or more hearings and give notice as required by related sections.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. ) ## 12623. Prior to adoption of any report and recommendations authorized pursuant to Sections 12616 to 12622, inclusive, and Section 12626, the department shall hold a hearing or hearings pursuant to this part and give notice thereof as provided for in Sections 12632, 12633, and 12634. (Amended by Stats. 1957, Ch. 1932.)
  157. 12624.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    When recommending state financial assistance for certain water development projects, the department must include the estimated state cost for needed lands, easements, and rights of way, and state what share of project costs should be paid by the county, city, state agency, or public district, if any.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. ) ## 12624. In making recommendation to the Legislature respecting the amount of financial assistance to be given by the State, as provided for in Sections 12616 to 12623, inclusive, and Section 12626, the department shall recommend the total estimated amount which should be paid by the State for lands, easements and rights of way necessary in connection with the construction of any such project, and what proportion, if any, of the cost of the project should be paid by the county, city, state agency, or public district. (Amended by Stats. 1957, Ch. 1932.)
  158. 12625.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    When calculating a project’s cost, include any likely damage to fish and wildlife in the cost amount.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. ) ## 12625. In determining the cost of any project, damage to fish and wildlife that will probably result shall be included in the amount of the cost. (Amended by Stats. 2006, Ch. 538, Sec. 672. Effective January 1, 2007.)
  159. 12626.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    Department reports and recommendations are advisory only, and the Legislature makes the final decisions on project priorities and aid amounts.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. ) ## 12626. Reports and recommendations made by the department shall be advisory only and the Legislature shall finally determine the priorities in building such projects and the amount of aid to each project which is approved. (Amended by Stats. 1957, Ch. 1932.)
  160. 12627.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    The department is to investigate all phases of proposed water projects.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. ) ## 12627. It is the intention of the Legislature that the department shall investigate all phases of any proposed water project, including flood control, water conservation, domestic and irrigation use, and power development, but not excluding other uses, so that a county, city, state agency, or public district affected, and the Legislature, may have the benefit of investigations and recommendations of the department upon such projects in order to assure the fullest development of the water resources of the State. (Amended by Stats. 1957, Ch. 1932.)
  161. 12627.3.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    The State declares that costs for solving seepage and erosion problems caused by water project construction and operation should be borne by the project.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. ) ## 12627.3. It is declared to be the policy of the State that the costs of solution of seepage and erosion problems which arise or will arise by reason of construction and operation of water projects should be borne by the project. (Added by Stats. 1959, Ch. 2128.)
  162. 12627.4.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    The department must consider seepage and erosion issues when investigating and planning water projects and when making recommendations to the Governor and Legislature.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. ) ## 12627.4. The department, in making investigations and plans for water projects and in making recommendations thereon to the Governor and the Legislature, shall include therein consideration of seepage and erosion problems which may arise in connection with the construction and operation of the proposed project, the effect of the proposed project thereon, and plans for the solution thereof as a part of the project development. (Added by Stats. 1959, Ch. 2128.)
  163. 12628.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    For a multiple-type project authorized by Congress, only the part the department deems necessary for flood control can receive State financial assistance.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. ) ## 12628. In a multiple-type project authorized and adopted by Congress, which includes, in addition to works for flood control purposes, works and construction for other than flood control purposes, only that portion of the project which is deemed by the department to be necessary for flood control purposes shall be eligible for financial assistance from the State. (Amended by Stats. 1957, Ch. 1932.)
  164. 12629.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    The department may recommend how to finance certain works and construction in specified water development projects.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. ) ## 12629. In a multiple-type project which includes works and construction for flood control and for other than flood control purposes, and in projects which do not include any flood control works or construction, the department may recommend to the Legislature and to the United States, or any of its departments or agencies, the method of financing such works and construction. (Amended by Stats. 1957, Ch. 1932.)
  165. 1263.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Contents of Applications [1260 - 1266] ( Article 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    For applications for power purposes, the application must state the nature of the works, the head and amount of water to be used, and the use of the power.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Contents of Applications [1260 - 1266] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1263. If for power purposes the application shall state the nature of the works by means of which the power is to be developed, the head and amount of water to be utilized, and the use to which the power is to be applied. (Enacted by Stats. 1943, Ch. 368.)
  166. 12630.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    Before asking the Legislature to approve or fund certain flood-control projects, the department must get a federal cost estimate and cost-benefit ratio and submit them to the Legislature.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. ) ## 12630. Prior to recommending to the Legislature the approval for state assistance of any project, designed in whole or in part for flood control, adopted and authorized by Congress, and prior to the submission to the Legislature of an estimate of the total cost to the State, and prior to recommending an appropriation by the State in aid of any such project approved for state assistance by the Legislature, the department shall obtain from the appropriate agency of the Federal Government an estimate of the total cost of the project and the cost and benefit ratio, based upon then current construction costs and values, and shall submit the same to the Legislature. (Amended by Stats. 1957, Ch. 1932.)
  167. 12631.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    The department may summarize its investigations and studies about flood control and other water problems, report them to the Governor, and publish the report in a form it considers suitable.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. ) ## 12631. The department, in addition to the reports and recommendations made to the Legislature as provided in Sections 12616 to 12623, inclusive, and Section 12626, may from time to time summarize the results of its investigations, studies, activities, and recommendations relating to flood control and other water problems and report to the Governor, and may publish the report in such form as it deems suitable to inform the people of the State concerning such flood control and other water problems as come within the scope of Chapters 1 and 2 of this part. (Amended by Stats. 1957, Ch. 1932.)
  168. 12632.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    Before certain hearings or investigations, the department must give notice to likely interested agencies or persons, and must mail notice to listed local and state entities that requested it.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. ) ## 12632. Prior to any hearing and prior to beginning any investigation of the water problems of any specific portion of the State pursuant to Section 12616 or any investigation pursuant to Section 12617, the department shall give such notice to the agencies or persons likely to be interested as it deems necessary to afford every opportunity for the agencies or persons to be heard, and in addition to such notice shall give further notice of any hearing or investigation by mail to any city, county, state agency, or public district, deemed likely by the department to be interested, which has filed its official name and address with the department together with a request for notice. (Amended by Stats. 1957, Ch. 1932.)
  169. 12633.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    If a person has filed and requested service by mail, notices must be sent to that person’s address of record when mailed.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. ) ## 12633. Notice, to those who have filed and requested service by mail, shall be sent to the respective addresses of record at the time of mailing. (Added by Stats. 1953, Ch. 196.)
  170. 12634.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    Notice given under Sections 12632 and 12633 counts as full and sufficient notice to all interested parties of the hearing or investigation.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. ) ## 12634. Notice given as provided in Sections 12632 and 12633 shall be deemed full and sufficient notice to all parties in interest of the hearing or investigation. (Added by Stats. 1953, Ch. 196.)
  171. 12634.3.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    The department must submit a yearly report to the California Water Commission by January 1, covering its activities, planning projects, project needs, and estimated costs. The commission may hold public hearings on those reports and make recommendations to the department and the Legislature.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 1. Investigation of Projects [12570 - 12634.3] ( Chapter 1 added by Stats. 1953, Ch. 196. ) ## ARTICLE 5. Investigation of Water Development Projects [12616 - 12634.3] ( Article 5 added by Stats. 1953, Ch. 196. ) ## 12634.3. The department shall submit, prior to January 1st of each year, a report to the California Water Commission summarizing its activities, with emphasis on existing and prospective planning projects, the need for such projects, and the estimated costs thereof. The commission may conduct public hearings on such reports and may make recommendations thereon to the department and the Legislature. (Amended by Stats. 1968, Ch. 1041.)
  172. 12639.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 1. General Provisions [12639 - 12643] ( Article 1 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    The State may not reallocate money for a project portion after major project changes that significantly increase land, easement, or right-of-way costs unless the department reviews and approves the revised plan.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 1. General Provisions [12639 - 12643] ( Article 1 added by Stats. 1953, Ch. 196. ) ## 12639. The works of improvement for the control, conservation and utilization of destructive flood waters and the reclamation and protection of lands that are susceptible to overflow by flood waters, which are described in this chapter, are adopted and authorized in the interest of the public welfare of the people of this State to be prosecuted substantially in accordance with the plans in the respective reports designated in this chapter. If, however, there are any major project changes in the plan of improvement originally approved by the Congress and adopted and authorized by the State, which changes result in a substantial increase in the estimated cost of lands, easements and rights-of-way for the project, no money shall be reallocated by the State in aid of that portion of the project until the revised plan has been reviewed and approved by the department. Such approval shall be given if the department finds in its judgment that the benefits of the proposed works of improvement for the revised project will exceed the cost thereof and that the revised project appears to be the most economical project plan, considering construction costs, lands, easements and rights-of-way costs, and costs of operation and maintenance. (Amended by Stats. 1959, Ch. 2092.)
  173. 12639.1.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 1. General Provisions [12639 - 12643] ( Article 1 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    The department may investigate certain state- and Congress-approved projects to see whether they are still justified and whether deauthorization should be considered.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 1. General Provisions [12639 - 12643] ( Article 1 added by Stats. 1953, Ch. 196. ) ## 12639.1. The department may investigate any project adopted and authorized by the state and approved by the Congress to determine whether the project is no longer justified and whether appropriate action should be taken to deauthorize the project. The department shall coordinate that investigation with the federal agency involved in the project. (Added by Stats. 2004, Ch. 230, Sec. 32. Effective August 16, 2004.)
  174. 1264.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Contents of Applications [1260 - 1266] ( Article 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    An application for municipal water supply must state the present population to be served and, as nearly as possible, the city’s future requirements.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Contents of Applications [1260 - 1266] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1264. If for municipal water supply the application shall state the present population to be served, and, as near as may be, the future requirements of the city. (Enacted by Stats. 1943, Ch. 368.)
  175. 12640.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 1. General Provisions [12639 - 12643] ( Article 1 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    Part 2 rules apply to water made available by approved projects, and a priority or appropriation cannot be released or assigned if that would leave the originating county without water needed for its development.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 1. General Provisions [12639 - 12643] ( Article 1 added by Stats. 1953, Ch. 196. ) ## 12640. The provisions of Part 2 of this division shall be applicable to all water made available by the construction of the works of any project approved by Chapters 1 and 2 of this part. No priority under Part 2 shall be released nor assignment made of any appropriation that will, in the judgment of the Department of Water Resources, deprive the county in which the appropriated water originates of any water necessary for the development of the county. (Amended by Stats. 1959, Ch. 1269.)
  176. 12641.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 1. General Provisions [12639 - 12643] ( Article 1 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    Certain counties, cities, state agencies, and public districts may make agreements with the United States or its agencies.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 1. General Provisions [12639 - 12643] ( Article 1 added by Stats. 1953, Ch. 196. ) ## 12641. Any county, city, state agency or public district is authorized to make agreements with the United States or any of its departments or agencies obligating them to do or perform those things which are required of them by Chapters 1 and 2 of this part and by the act of Congress approved December 22, 1944 (Public, Numbered 534, Seventy-eighth Congress, Second Session), and the act of Congress approved August 18, 1941 (Public, Numbered 228, Seventy-eighth Congress, First Session). (Added by Stats. 1953, Ch. 196.)
  177. 12642.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 1. General Provisions [12639 - 12643] ( Article 1 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    If the federal government does not maintain and operate a project, the affected county, city, state agency, or public district must maintain and operate the flood control and related works after completion, and keep the State and the United States free from damages.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 1. General Provisions [12639 - 12643] ( Article 1 added by Stats. 1953, Ch. 196. ) ## 12642. In all cases where the Federal Government does not maintain and operate projects, it is the responsibility and duty of the county, city, state agency, or public district affected to maintain and operate flood control and other works, constructed pursuant to Chapters 1 and 2 of this part, after their completion and hold and save the State and the United States free from damages. (Added by Stats. 1953, Ch. 196.)
  178. 12643.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 1. General Provisions [12639 - 12643] ( Article 1 added by Stats. 1953, Ch. 196. )

    Verify source ↗

    Before a local agency can receive certain payments or reimbursements, it must sign an agreement with the department or Reclamation Board and promise to indemnify and hold harmless the state and its officers, agents, and employees.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 1. General Provisions [12639 - 12643] ( Article 1 added by Stats. 1953, Ch. 196. ) ## 12643. Prior to any local agency receiving payment or reimbursement pursuant to Section 12585.5 or 12585.7, for projects authorized on or after January 1, 2001, the agency shall enter into an agreement with the department or Reclamation Board pursuant to which the agency agrees to indemnify and hold and save the state, and its officers, agents, and employees, harmless from any and all liability for damages, as provided in Sections 12642 and 12828. (Added by Stats. 2000, Ch. 1071, Sec. 7. Effective January 1, 2001.)
  179. 12645.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. )

    Verify source ↗

    This section is a legislative findings provision about Sacramento and San Joaquin flood control projects and related liability issues.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. ) ## 12645. The Legislature finds and declares all of the following: (a) In 1911, the Legislature adopted a flood control plan for the Sacramento Valley, as proposed by the federal California Debris Commission, and created the Reclamation Board to regulate levees and other encroachments, and to review and approve flood control plans for the Sacramento River and its tributaries. The state’s adoption of a valleywide flood management plan was intended to create a unified plan of flood control and to reclaim lands from overflow. Six years later, California gained congressional authorization for the United States Army Corps of Engineers (Corps) to collaborate with the state in building and maintaining the Sacramento River Flood Control Project. The federal government transferred completed portions of the Sacramento River Flood Control Project to the state as portions were completed, and the state, in turn, passed responsibility for operation and maintenance to local districts organized to provide flood control within their boundaries. (b) The state and federal governments have built or rebuilt levees, weirs, and bypasses to increase conveyance of flood waters downstream. The Sacramento River Flood Control Project and the federal-state flood control project in the San Joaquin Valley include approximately 1,600 miles of levees and other facilities to reduce central valley flood risk, now defined as the State Plan of Flood Control in subdivision (j) of Section 5096.805 of the Public Resources Code. The Corps often constructed federal “project levees” in both the Sacramento and San Joaquin River watersheds by modifying existing levees. The federal government transferred completed portions of the Sacramento River Flood Control Project to the state, as portions were completed, which in turn passed responsibility for operation and maintenance to local reclamation districts. (c) In 2003, a state Court of Appeal in Paterno v. State of California (2003) 113 Cal.App.4th 998 (Paterno), held the state liable, in a claim for inverse condemnation, for failure of a levee that was operated and maintained by a local levee maintenance district. In settlement of that litigation, the state’s liability was substantial because homes and a shopping center were built behind the levee and suffered from the resulting flood. (d) The Legislature has authorized funding for numerous flood control projects throughout the Sacramento and San Joaquin River watersheds. These statutory authorizations included varying provisions regarding responsibility and liability for operation and maintenance of the flood control facilities, and may or may not have incorporated the specified facilities into the federal-state Sacramento River or San Joaquin River flood control projects. After the court ruling in Paterno, the status of each flood facility became critically important to determining liability, and legal ambiguities led to questions about whether particular facilities were incorporated into a federal-state flood control project. In some cases, despite a location between two project levees, certain levees remain outside the jurisdiction of a federal-state flood control project, with local agencies retaining liability. (e) In 2006, California voters approved the Disaster Preparedness and Flood Prevention Bond Act of 2006, which authorized the issuance of general obligation bonds in the amount of $4.9 billion for flood protection and defined the Sacramento River and San Joaquin River federal-state flood control projects as the “State Plan of Flood Control.” The following year, the Legislature passed a package of bills to reform state flood protection policy in the central valley. These laws required the Department of Water Resources to develop, and the Central Valley Flood Protection Board to adopt, a Central Valley Flood Protection Plan, which is broader than the State Plan of Flood Control, affecting the entire watersheds of the Sacramento and San Joaquin Valley. These laws included provisions intended to limit state liability to facilities identified in the State Plan of Flood Control. These laws did not specifically address the facilities described in this article. (Amended by Stats. 2010, Ch. 328, Sec. 238. (SB 1330) Effective January 1, 2011.)
  180. 12646.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. )

    Verify source ↗

    This section defines terms used in the chapter unless the context requires otherwise.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. ) ## 12646. Unless the context requires otherwise, the definitions set forth in this section govern the construction of this chapter. (a) “Board” means the Central Valley Flood Protection Board. (b) “Plan” means the Central Valley Flood Protection Plan. (c) “Project levee” means any levee that is part of the facilities of the State Plan of Flood Control. (d) “Public safety infrastructure” means public safety infrastructure necessary to respond to a flood emergency, including, but not limited to, street and highway evacuation routes, medical care facilities, and public utilities necessary for public health and safety, including drinking water and wastewater treatment facilities. (e) “Sacramento-San Joaquin Valley” means any lands in the bed or along or near the banks of the Sacramento River or San Joaquin River, 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. The Sacramento-San Joaquin Valley does not include lands lying within the Tulare Lake basin, including the Kings River. (f) “State Plan of Flood Control” has the meaning set forth in subdivision (j) of Section 5096.805 of the Public Resources Code. (Added by Stats. 2009, Ch. 275, Sec. 22. (AB 1165) Effective January 1, 2010.)
  181. 12647.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. )

    Verify source ↗

    The state is not responsible or liable for certain central valley flood control facilities unless specified conditions are met.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. ) ## 12647. (a) The state shall not have responsibility or liability for the construction, operation, and maintenance of central valley flood control facilities identified in this article unless all of the following apply: (1) The department identifies the facility as part of the State Plan of Flood Control. (2) The state has expressly accepted the transfer of liability for the facility from the federal government. (3) The board incorporates the facility into the State Plan of Flood Control pursuant to Section 9611. (b) Unless otherwise specifically provided, nothing in this article shall be construed to expand the responsibility of the state for the operation or maintenance of any flood management facility outside the scope of the State Plan of Flood Control, except as specifically determined by the board pursuant to Section 9611. (c) Use of the phrase “adopted and authorized” in this article does not, by itself, reflect incorporation of the specified facility into the State Plan of Flood Control or assumption of liability by the state, unless one of the conditions described in subdivision (a) applies to the facility. (d) Nothing in this section abrogates or modifies any duty, responsibility, or liability of any federal, state, or local agency, including, but not limited to, those duties, responsibilities, and liabilities set forth in Sections 8370, 12642, and 12828. (Amended by Stats. 2010, Ch. 328, Sec. 239. (SB 1330) Effective January 1, 2011.)
  182. 12648.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. )

    Verify source ↗

    This section adopts and authorizes specified Sacramento River flood-control projects, subject to stated modifications and Section 12649.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. ) ## 12648. The projects for the control of floods and other purposes on the Sacramento River adopted by the acts of Congress approved March 1, 1917, May 15, 1928, August 26, 1937, and August 18, 1941, and adopted and authorized by the Legislature by Chapter 25, Statutes of 1911, First Extra Session, Chapter 170, Statutes of 1913, Chapter 686, Statutes of 1915, and Chapter 176, Statutes of 1925, are adopted and authorized as modified substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 649, Seventy-eighth Congress, Second Session, except as provided in Section 12649, at an estimated additional cost to the State of three million three hundred twenty-six thousand dollars ($3,326,000), or such other project as shall finally be decided upon which will accomplish the same flood control purposes as proposed by the Table Mountain Dam or any other dam across the Sacramento River in the same general vicinity, subject to modification that may hereafter be made by Congress. (Added by Stats. 1953, Ch. 196.)
  183. 12648.1.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. )

    Verify source ↗

    The flood control plan for the American River is authorized and adopted, with an estimated state cost of $500,000, and Section 12828 does not apply to the project.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. ) ## 12648.1. The plan of flood control on the American River is hereby authorized and adopted substantially in accordance with the recommendations of the Chief of Engineers, House Document Numbered 367, Eighty-first Congress, and adopted and authorized by the act of Congress approved August 17, 1954, at an estimated state cost of five hundred thousand dollars ($500,000). Said project shall be considered as extending and supplementing the projects authorized pursuant to Section 12648. Section 12828 shall not be applicable to the project. (Added by Stats. 1955, Ch. 321.)
  184. 12648.2.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. )

    Verify source ↗

    This section adopts and authorizes a flood protection project on the Sacramento River from Chico Landing to Red Bluff, California, with an estimated state cost of $31,000.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. ) ## 12648.2. The project for flood protection on the Sacramento River from Chico Landing to Red Bluff, California, is adopted and authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 272, Eighty-fourth Congress, Second Session, and adopted and authorized by the act of Congress approved July 3, 1958, at an estimated state cost of thirty-one thousand dollars ($31,000). (Added by Stats. 1959, Ch. 1912.)
  185. 12648.3.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. )

    Verify source ↗

    The Hidden Reservoir and Fresno River channel improvement project is adopted and authorized, with an estimated state cost of $220,000.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. ) ## 12648.3. The project for Hidden Reservoir and channel improvement on the Fresno River is adopted and authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 37, 87th Congress, and adopted and authorized by the Act of Congress approved October 23, 1962, (Public Law 87-874) at an estimated state cost of two hundred twenty thousand dollars ($220,000). (Added by Stats. 1963, Ch. 1202.)
  186. 12648.4.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. )

    Verify source ↗

    This section adopts and authorizes the Buchanan Reservoir and Chowchilla River channel improvement project, with an estimated state cost of $150,000.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. ) ## 12648.4. The project for Buchanan Reservoir and channel improvement on Chowchilla River is adopted and authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 98, 87th Congress, and adopted and authorized by the Act of Congress approved October 23, 1962, (Public Law 87-874) at an estimated state cost of one hundred fifty thousand dollars ($150,000). (Added by Stats. 1963, Ch. 1203.)
  187. 12648.5.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. )

    Verify source ↗

    This section adopts and authorizes the New Melones Reservoir and Stanislaus River channel improvement project.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. ) ## 12648.5. The project for New Melones Reservoir and channel improvement on Stanislaus River is adopted and authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 453, 87th Congress, and adopted and authorized by the Act of Congress approved October 23, 1962, (Public Law 87-874) at an estimated state cost of one hundred eighty thousand dollars ($180,000). (Added by Stats. 1963, Ch. 918.)
  188. 12648.6.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. )

    Verify source ↗

    This section adopts and authorizes the Mormon Slough channel improvement project on Calaveras River.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. ) ## 12648.6. The Mormon Slough channel improvement project on Calaveras River is adopted and authorized substantially in accordance with the recommendation of the Chief of Engineers in House Document Numbered 576, 87th Congress, and adopted and authorized by the act of Congress approved October 23, 1962 (Public Law 87-874) at an estimated state cost of two million two hundred sixty thousand dollars ($2,260,000). (Added by Stats. 1963, Ch. 915.)
  189. 12648.7.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. )

    Verify source ↗

    This section adopts and authorizes a flood-protection project on the North Fork of the Feather River near Chester, and says state funding is limited to amounts appropriated by the Legislature.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. ) ## 12648.7. The project for flood protection on the North Fork of the Feather River near Chester, Plumas County, is adopted and authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document No. 314, 90th Congress, and adopted and authorized by the Act of Congress approved August 13, 1968 (Public Law 90-483) at an estimated cost to the state of such sums as may be appropriated for state participation by the Legislature upon the recommendation and advice of the Reclamation Board. This authorization shall not be deemed to confer preference on this project over the needs of other statewide programs in appropriations of available funds. (Added by Stats. 1969, Ch. 1443.)
  190. 12649.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. )

    Verify source ↗

    The Legislature says that if a feasible plan can provide adequate flood control in the upper Sacramento Valley without a dam at the Table Mountain site or nearby, that alternate plan should be adopted.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. ) ## 12649. It is the intention of the Legislature that, if a feasible plan can be found which will provide adequate flood control in the upper Sacramento Valley without the necessity of constructing a dam across the Sacramento River at the Table Mountain site, or any other site in the same general vicinity and thereby prevent the necessity of flooding valuable agricultural land and at the same time prevent damage to the fishing resources of the Sacramento River, such alternate plan should be adopted. (Added by Stats. 1953, Ch. 196.)
  191. 12649.1.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. )

    Verify source ↗

    The Sacramento River flood protection project is authorized, but that authorization does not give it priority over other statewide programs when funds are appropriated.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. ) ## 12649.1. The project for flood protection on the Sacramento River is further adopted and authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 103, 86th Congress, and as modified by the act of Congress, Public Law 86-645, 86th Congress, approved July 14, 1960, for cooperation by the Reclamation Board as provided in Section 8617.1 at an estimated cost to the state of such sums as may be appropriated for state participation by the Legislature upon recommendation and advice of the Reclamation Board. This authorization shall not be deemed to confer preference on this project over the needs of other statewide programs in appropriations of available funds. (Amended by Stats. 1967, Ch. 1596.)
  192. 1265.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Contents of Applications [1260 - 1266] ( Article 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    An application for water to be used for mining must state the nature and location of the mines to be served and how the water will be supplied and used.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Applications to Appropriate Water [1250 - 1276] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Contents of Applications [1260 - 1266] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1265. If for mining purposes the application shall state the nature and location of the mines to be served and the methods of supplying and utilizing the water. (Enacted by Stats. 1943, Ch. 368.)
  193. 12650.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. )

    Verify source ↗

    This section adopts and authorizes a flood-protection improvement plan for streams in the Merced County Stream Group and says the State must furnish specified local cooperation.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. ) ## 12650. The plan of improvement for flood protection on various streams in the Merced County Stream Group in the San Joaquin Valley is adopted and authorized substantially in accordance with recommendations of the Chief of Engineers in House Document Numbered 473, Seventy-eighth Congress, Second Session, at an estimated cost to the State of sixty-one thousand three hundred dollars ($61,300). Notwithstanding any estimated cost to the State contained in this section, local cooperation which shall be furnished by the State in connection with the plan of improvement for flood protection on various streams in the Merced County Stream Group in the San Joaquin Valley, adopted and authorized under this section shall include, without limitation as to the generality thereof: (a) Enlargement of the channel of Miles Creek to the extent indicated on Inclosure 3 of House Document Numbered 473, Seventy-eighth Congress, Second Session. (b) Acquisition of lands, easements and rights of way necessary for construction of the following diversions to the capacities indicated: (1) Owens Creek Diversion, 400 cubic feet per second. (2) Black Rascal Diversion, 3,000 cubic feet per second. (c) Providing the following channel capacities of the various creeks: (1) Burns Creek: 2,000 cubic feet per second on Burns Creek from its confluence with Bear Creek upstream to the section line common to Sections 3 and 10, T. 7 S., R. 15 E., M. D. B. & M. (2) Bear Creek: 2,000 cubic feet per second from its confluence with Burns Creek upstream to the section line common to Sections 11 and 12, T. 7 S., R. 15 E., M. D. B. & M.; 4,000 cubic feet per second from its confluence with Black Rascal Creek Diversion upstream to its confluence with Burns Creek; 7,000 cubic feet per second from its confluence with the head of Black Rascal Slough to the Black Rascal Creek Diversion; not less than 3,100 cubic feet per second from its confluence with the lower end of Black Rascal Slough to the confluence with the head of Black Rascal Slough, so that the combined capacity of Bear Creek and Black Rascal Slough is not less than 7,000 cubic feet per second; 7,000 cubic feet per second from the section line common to Sections 2 and 3, T. 8 S., R. 12 E., M. D. B. & M., upstream to the confluence of Bear Creek with the lower end of Black Rascal Slough. (3) Black Rascal Slough: Not less than 3,900 cubic feet per second and so that the combined capacity of Black Rascal Slough and Bear Creek is not less than 7,000 cubic feet per second. (4) Miles Creek: 1,000 cubic feet per second from the Merced-El Nido Highway upstream to the section line common to Sections 25 and 26, T. 7 S., R. 15 E., M. D. B. & M. (5) Owens Creek: 400 cubic feet per second from Owens Creek Diversion to the bridge crossing at the section line common to Sections 29 and 30, T. 7 S., R. 16 E., M. D. B. & M. (6) Mariposa Creek: 1,000 cubic feet per second from Owens Creek Diversion upstream to the bridge located in SW. 1/4 of Section 10, T. 8 S., R. 16 E., M. D. B. & M.; 1,250 cubic feet per second from El Nido Highway upstream to Owens Creek Diversion. (Amended by Stats. 1953, Ch. 1118.)
  194. 12651.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. )

    Verify source ↗

    The plan of improvement for flood control and related purposes on the Lower San Joaquin River and tributaries is adopted and authorized, with an estimated state cost of $894,000.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. ) ## 12651. The plan of improvement for flood control and other purposes on the Lower San Joaquin River and tributaries, including Tuolumne and Stanislaus Rivers, is adopted and authorized in accordance with the recommendations of the Chief of Engineers in Flood Control Committee Document Numbered 2, Seventy-eighth Congress, Second Session, at an estimated cost to the State of eight hundred ninety-four thousand dollars ($894,000). (Added by Stats. 1953, Ch. 196.)
  195. 12652.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. )

    Verify source ↗

    The plan of improvement for flood control and related purposes on the Calaveras River, Littlejohn Creek, and tributaries is adopted and authorized, and the stated estimated cost is $204,000.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. ) ## 12652. The plan of improvement for flood control and other purposes on the Calaveras River and Littlejohn Creek and tributaries is adopted and authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 545, Seventy-eighth Congress, Second Session, at an estimated cost to the State of two hundred four thousand dollars ($204,000). (Added by Stats. 1953, Ch. 196.)
  196. 12653.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. )

    Verify source ↗

    The project plan includes enlarging parts of Littlejohn Creek below Farmington Dam, with project costs funded only if the stated approvals, recommendations, and available state-cooperation funds are in place.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. ) ## 12653. The plan of improvement on the Calaveras River and Littlejohn Creek includes the enlargement of channels of Littlejohn Creek below the Farmington Dam as subsequently approved by letter of the Chief of Engineers dated November 12, 1951, at an additional estimated cost to the State of such sum as may be available for state cooperation for that purpose in the Flood Control Emergency Fund, pursuant to written authorization of the Department of Finance for Flood Control projects, payable from the Flood Control Fund of 1946, upon approval of the general plan for such channel enlargements by, and the recommendation of, the department, or as may be otherwise appropriated for state cooperation by the Legislature, payable from the Flood Control Fund of 1946, upon approval of the general plan for such channel enlargements by, and with the recommendation of, the department. (Amended by Stats. 1957, Ch. 1932.)
  197. 12654.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. )

    Verify source ↗

    The Fresno County Stream Group flood control project is adopted and authorized, with an estimated state cost of $179,500.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. ) ## 12654. The project for the Fresno County Stream Group for flood control is adopted and authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 845, Seventy-sixth Congress, Third Session, at an estimated cost to the State of one hundred seventy-nine thousand five hundred dollars ($179,500). (Added by Stats. 1953, Ch. 196.)
  198. 12655.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. )

    Verify source ↗

    The listed California water agencies must give the Secretary of War satisfactory assurances that required local cooperation will be provided for certain Tuolumne River flood control projects, except for channel improvement works and levees.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. ) ## 12655. The City and County of San Francisco, the Modesto Irrigation District, and the Turlock Irrigation District shall give assurances satisfactory to the Secretary of War that the local cooperation required by Section 3 of the act of Congress approved December 22, 1944 (Public, Numbered 534, Seventy-eighth Congress, Second Session), will be furnished by the City and County of San Francisco, the Modesto Irrigation District, and the Turlock Irrigation District in connection with the flood control projects within the watershed of the Tuolumne River, adopted and authorized in Section 12651, except insofar as the projects include channel improvement works and levees. (Added by Stats. 1953, Ch. 196.)
  199. 12656.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. )

    Verify source ↗

    These named public entities must carry out the Tuolumne River watershed plans and projects, except for channel improvement works and levees, and they may modify the plans when needed to do so.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. ) ## 12656. The City and County of San Francisco, the Modesto Irrigation District, and the Turlock Irrigation District, in conjunction with the War Department, shall execute the plans and projects within the watershed of the Tuolumne River, referred to in Section 12651, except insofar as the plans and projects relate to channel improvement works and levees, and may make such modifications to the plans as may be necessary to execute them for the purposes of Chapters 1 and 2 of this part. (Added by Stats. 1953, Ch. 196.)
  200. 12656.5.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. )

    Verify source ↗

    This section authorizes and adopts the Middle Creek flood protection project in California.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 2. Approved Projects [12639 - 12751] ( Chapter 2 added by Stats. 1953, Ch. 196. ) ## ARTICLE 2. Projects in the Sacramento-San Joaquin Watersheds [12645 - 12670.23] ( Article 2 heading repealed (by Sec. 24) and added by Stats. 2009, Ch. 275, Sec. 20. ) ## 12656.5. The project for flood protection on Middle Creek, California, is hereby authorized and adopted substantially in accordance with the recommendation of the Chief of Engineers in House Document numbered 367, Eighty-first Congress, and adopted and authorized by the act of Congress approved August 17, 1954, at an estimated state cost of seven hundred ninety thousand dollars ($790,000). (Added by Stats. 1955, Ch. 1959.)

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