Water Code — Part 51 | WAT — United States — California law | Esheria

Water Code

Part 51 of 51 · provisions 10,001–10,024

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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 24 of 10,024

  1. 9569.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 5. RECLAMATION BOARD BOND ACT [9250 - 9577] ( Part 5 added by Stats. 1943, Ch. 369. ) ## CHAPTER 7. Sale of Land for Delinquent Installments [9535 - 9577] ( Chapter 7 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Redemption and Conveyancing of Lands [9565 - 9571] ( Article 3 added by Stats. 1943, Ch. 369. )

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    A parcel sold and conveyed to the drainage district cannot later be sold by the treasurer for delinquent assessment installments unless it is redeemed or sold and disposed of by the board.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 5. RECLAMATION BOARD BOND ACT [9250 - 9577] ( Part 5 added by Stats. 1943, Ch. 369. ) ## CHAPTER 7. Sale of Land for Delinquent Installments [9535 - 9577] ( Chapter 7 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Redemption and Conveyancing of Lands [9565 - 9571] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 9569. No parcel sold and conveyed to the drainage district shall thereafter, until redeemed or until sold and disposed of by the board, be subject to sale by the treasurer for delinquent installments of any assessment as provided in this part. (Added by Stats. 1943, Ch. 369.)
  2. 9570.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 5. RECLAMATION BOARD BOND ACT [9250 - 9577] ( Part 5 added by Stats. 1943, Ch. 369. ) ## CHAPTER 7. Sale of Land for Delinquent Installments [9535 - 9577] ( Chapter 7 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Redemption and Conveyancing of Lands [9565 - 9571] ( Article 3 added by Stats. 1943, Ch. 369. )

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    A deed the board issues under this chapter is treated as prima facie evidence of the truth of its recitals and of the grantee’s ownership of the described land.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 5. RECLAMATION BOARD BOND ACT [9250 - 9577] ( Part 5 added by Stats. 1943, Ch. 369. ) ## CHAPTER 7. Sale of Land for Delinquent Installments [9535 - 9577] ( Chapter 7 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Redemption and Conveyancing of Lands [9565 - 9571] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 9570. Every deed by the board purporting to be executed under this chapter shall be prima facie evidence of the truth of the matters therein recited and of ownership by the grantee of the lands therein described. (Added by Stats. 1943, Ch. 369.)
  3. 9571.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 5. RECLAMATION BOARD BOND ACT [9250 - 9577] ( Part 5 added by Stats. 1943, Ch. 369. ) ## CHAPTER 7. Sale of Land for Delinquent Installments [9535 - 9577] ( Chapter 7 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Redemption and Conveyancing of Lands [9565 - 9571] ( Article 3 added by Stats. 1943, Ch. 369. )

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    The board’s required deeds may be executed by the board’s president and secretary on the board’s behalf.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 5. RECLAMATION BOARD BOND ACT [9250 - 9577] ( Part 5 added by Stats. 1943, Ch. 369. ) ## CHAPTER 7. Sale of Land for Delinquent Installments [9535 - 9577] ( Chapter 7 added by Stats. 1943, Ch. 369. ) ## ARTICLE 3. Redemption and Conveyancing of Lands [9565 - 9571] ( Article 3 added by Stats. 1943, Ch. 369. ) ## 9571. All deeds required by this chapter to be executed by the board may be executed by the president and secretary thereof on behalf of the board. (Added by Stats. 1943, Ch. 369.)
  4. 9575.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 5. RECLAMATION BOARD BOND ACT [9250 - 9577] ( Part 5 added by Stats. 1943, Ch. 369. ) ## CHAPTER 7. Sale of Land for Delinquent Installments [9535 - 9577] ( Chapter 7 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Disposition of Proceeds [9575 - 9577] ( Article 4 added by Stats. 1943, Ch. 369. )

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    For delinquent land sales under this chapter, the county treasurer must send the State Treasurer the amount due on the sold property, plus the penalty.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 5. RECLAMATION BOARD BOND ACT [9250 - 9577] ( Part 5 added by Stats. 1943, Ch. 369. ) ## CHAPTER 7. Sale of Land for Delinquent Installments [9535 - 9577] ( Chapter 7 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Disposition of Proceeds [9575 - 9577] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 9575. Out of the proceeds of a delinquent sale, made pursuant to the provisions of this chapter, the county treasurer shall transmit to the State Treasurer the amount due on the property so sold as shown in the notice, together with the penalty thereon. (Added by Stats. 1943, Ch. 369.)
  5. 9576.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 5. RECLAMATION BOARD BOND ACT [9250 - 9577] ( Part 5 added by Stats. 1943, Ch. 369. ) ## CHAPTER 7. Sale of Land for Delinquent Installments [9535 - 9577] ( Chapter 7 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Disposition of Proceeds [9575 - 9577] ( Article 4 added by Stats. 1943, Ch. 369. )

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    The State Treasurer must place the assessed amount into the bond fund of the drainage district for the relevant bond issue.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 5. RECLAMATION BOARD BOND ACT [9250 - 9577] ( Part 5 added by Stats. 1943, Ch. 369. ) ## CHAPTER 7. Sale of Land for Delinquent Installments [9535 - 9577] ( Chapter 7 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Disposition of Proceeds [9575 - 9577] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 9576. The State Treasurer shall place the amount to the credit of the bond fund of the drainage district for the particular bond issue upon the assessment. (Added by Stats. 1943, Ch. 369.)
  6. 9577.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 5. RECLAMATION BOARD BOND ACT [9250 - 9577] ( Part 5 added by Stats. 1943, Ch. 369. ) ## CHAPTER 7. Sale of Land for Delinquent Installments [9535 - 9577] ( Chapter 7 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Disposition of Proceeds [9575 - 9577] ( Article 4 added by Stats. 1943, Ch. 369. )

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    The county treasurer must pay any remaining surplus to the property owner after paying the State Treasurer.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 5. RECLAMATION BOARD BOND ACT [9250 - 9577] ( Part 5 added by Stats. 1943, Ch. 369. ) ## CHAPTER 7. Sale of Land for Delinquent Installments [9535 - 9577] ( Chapter 7 added by Stats. 1943, Ch. 369. ) ## ARTICLE 4. Disposition of Proceeds [9575 - 9577] ( Article 4 added by Stats. 1943, Ch. 369. ) ## 9577. The county treasurer shall pay to the owner of the property any surplus remaining after the payment to the State Treasurer. (Added by Stats. 1943, Ch. 369.)
  7. 9600.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 1. General Provisions [9600 - 9603] ( Chapter 1 added by Stats. 2007, Ch. 364, Sec. 9. )

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    This section names the act as the Central Valley Flood Protection Act of 2008.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 1. General Provisions [9600 - 9603] ( Chapter 1 added by Stats. 2007, Ch. 364, Sec. 9. ) ## 9600. This act shall be known and may be cited as the Central Valley Flood Protection Act of 2008. (Added by Stats. 2007, Ch. 364, Sec. 9. Effective January 1, 2008.)
  8. 9601.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 1. General Provisions [9600 - 9603] ( Chapter 1 added by Stats. 2007, Ch. 364, Sec. 9. )

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    The Legislature declares that the Central Valley faces rapid development and flood risks, and that flood protection information and standards may be insufficient for urbanizing areas.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 1. General Provisions [9600 - 9603] ( Chapter 1 added by Stats. 2007, Ch. 364, Sec. 9. ) ## 9601. The Legislature finds and declares all of the following: (a) The Central Valley of California is experiencing unprecedented development, resulting in the conversion of historically agricultural lands and communities to densely populated residential and urban centers. (b) The Legislature recognizes that by their nature, levees, which are earthen embankments typically founded on fluvial deposits, cannot offer complete protection from flooding, but can decrease its frequency. (c) The Legislature recognizes that the level of flood protection afforded rural and agricultural lands by the original flood control system would not be adequate to protect those lands if they are developed for urban uses, and that a dichotomous system of flood protection for urban and rural lands has developed through many years of practice. (d) The Legislature further recognizes that levees built to reclaim and protect agricultural land may be inadequate to protect urban development unless those levees are significantly improved. (e) Cities and counties rely upon federal flood plain information when approving developments, but the information available is often out of date and the flood risk may be greater than that indicated using available federal information. (f) The Legislature recognizes that the current federal flood standard is not sufficient in protecting urban and urbanizing areas within flood prone areas throughout the Central Valley. (g) Linking land use decisions to flood risk and flood protection estimates comprises only one element of improving lives and property in the Central Valley. Federal, state, and local agencies may construct and operate flood protection facilities to reduce flood risks, but flood risks will nevertheless remain for those who choose to reside in Central Valley flood plains. Making those flood risks more apparent will help ensure that Californians make careful choices when deciding whether to build homes or live in Central Valley flood plains, and if so, whether to prepare for flooding or maintain flood insurance. (Added by Stats. 2007, Ch. 364, Sec. 9. Effective January 1, 2008.)
  9. 9602.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 1. General Provisions [9600 - 9603] ( Chapter 1 added by Stats. 2007, Ch. 364, Sec. 9. )

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    This section defines terms used in this part of the Water Code flood control chapter.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 1. General Provisions [9600 - 9603] ( Chapter 1 added by Stats. 2007, Ch. 364, Sec. 9. ) ## 9602. Unless the context requires otherwise, the definitions set forth in this section govern the construction of this part. (a) “Board” means the Central Valley Flood Protection Board. (b) “Plan” means the Central Valley Flood Protection Plan. (c) “Project levee” means a 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, public utilities necessary for public health and safety, including drinking water and wastewater treatment facilities, and hospitals. (e) “Sacramento-San Joaquin Valley” means lands in the bed or along or near the banks of the Sacramento River or San Joaquin River, or their tributaries or connected therewith, or upon any land adjacent thereto, or within the overflow basins thereof, or upon 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. (g) “System” means the Sacramento-San Joaquin River Flood Management System described in Section 9611. (h) “Urban area” has the same meaning as that set forth in subdivision (k) of Section 5096.805 of the Public Resources Code. (i) “Urban level of flood protection” means the level of protection that is necessary to withstand flooding that has a 1-in-200 chance of occurring in any given year using criteria consistent with, or developed by, the department. (Amended by Stats. 2008, Ch. 179, Sec. 229. Effective January 1, 2009.)
  10. 9603.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 1. General Provisions [9600 - 9603] ( Chapter 1 added by Stats. 2007, Ch. 364, Sec. 9. )

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    The Central Valley Flood Protection Plan is only a descriptive document and does not itself expand state liability or create a commitment to provide or maintain flood protection at any particular level, except as specifically determined by the board under Section 9611.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 1. General Provisions [9600 - 9603] ( Chapter 1 added by Stats. 2007, Ch. 364, Sec. 9. ) ## 9603. (a) The Central Valley Flood Protection Plan shall be a descriptive document, and neither the plan nor anything in this part shall be construed to expand the liability of the state for the operation or maintenance of any flood management facility beyond the scope of the State Plan of Flood Control, except as specifically determined by the board pursuant to Section 9611. Neither the development nor the adoption of the Central Valley Flood Protection Plan shall be construed to constitute any commitment by the state to provide, to continue to provide, or to maintain at, or to increase flood protection to, any particular level. (b) The Central Valley Flood Protection Plan reflects a systemwide approach to protecting the lands currently protected from flooding by existing facilities of the State Plan of Flood Control. Any flood protection benefits accruing to lands or communities outside the State Plan of Flood Control are incidental and shall not constitute any commitment by the state to provide, to continue to provide, or to maintain at, or to increase flood protection to, any particular level. (Added by Stats. 2007, Ch. 364, Sec. 9. Effective January 1, 2008.)
  11. 9610.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 2. Plan Development [9610 - 9616] ( Chapter 2 added by Stats. 2007, Ch. 364, Sec. 9. )

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    The department must prepare, share, post, and update flood-risk maps and related reports/data by set deadlines, and the map issuance is exempt from certain administrative review requirements.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 2. Plan Development [9610 - 9616] ( Chapter 2 added by Stats. 2007, Ch. 364, Sec. 9. ) ## 9610. (a) (1) By July 1, 2008, the department shall develop preliminary maps for the 100- and 200-year flood plains protected by project levees. The 100-year flood plain maps shall be prepared using criteria developed or accepted by the Federal Emergency Management Agency (FEMA). (2) The department shall use available information from the 2002 Sacramento and San Joaquin River Basins Comprehensive Study, preliminary and regulatory FEMA flood insurance rate maps, recent flood plain studies, and other sources to compile preliminary maps. (3) The department shall provide the preliminary maps to cities and counties within the Sacramento-San Joaquin Valley for use as best available information relating to flood protection. (4) The department shall post this information on the board’s Internet Web site and may periodically update the maps as necessary. (b) By July 1, 2008, the department shall give notice to cities in the Sacramento-San Joaquin Valley outside areas protected by project levees regarding maps and other information as to flood risks available from the Federal Emergency Management Agency or another federal, state, or local agency. (c) On or before December 31, 2010, the department shall prepare a status report on the progress and development of the Central Valley Flood Protection Plan pursuant to Section 9612. The department shall post this information on the board’s Internet Web site, and make it available to the public. (d) (1) On or before July 2, 2013, and for the purpose of providing information to cities and counties necessary for their determinations relating to level of flood protection, the department shall release flood plain maps that identify at a minimum the facilities of the State Plan of Flood Control and the available data as to the water surface elevation of flooding in urban areas in the event of the failure of the facilities of the State Plan of Flood Control during flooding that has a 1-in-200 chance of occurring in any given year. (2) Concurrent with the release of these maps and for the purpose of assisting local agencies in determining their level of flood protection, the department shall make available levee reliability data for the facilities of the State Plan of Flood Control identified in the maps. (e) The department’s issuance of flood plain maps shall not be subject to the review and approval of the Office of Administrative Law or to any other requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (f) The state, or any state agency, shall not be liable for any claim based upon the reasonable exercise or performance of a discretionary or ministerial function or duty on the part of a state agency or a state employee or officer in carrying out subdivision (d). (Amended by Stats. 2012, Ch. 554, Sec. 2. (AB 1965) Effective January 1, 2013.)
  12. 9611.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 2. Plan Development [9610 - 9616] ( Chapter 2 added by Stats. 2007, Ch. 364, Sec. 9. )

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    This section defines the Sacramento-San Joaquin River Flood Management System and allows the department and the board to identify and add certain flood-control facilities under specified conditions.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 2. Plan Development [9610 - 9616] ( Chapter 2 added by Stats. 2007, Ch. 364, Sec. 9. ) ## 9611. The Sacramento-San Joaquin River Flood Management System comprises all of the following: (a) The facilities of the State Plan of Flood Control as that plan may be amended pursuant to this part. (b) Any existing dam, levee, or other flood management facility that is not part of the State Plan of Flood Control if the board determines, upon recommendation of the department, that the facility does one or more of the following: (1) Provides significant systemwide benefits for managing flood risks within the Sacramento-San Joaquin Valley. (2) Protects urban areas within the Sacramento-San Joaquin Valley. (c) Upon completion of the Central Valley Flood Protection Plan pursuant to this part, the department may identify and propose to the board additional structural and nonstructural facilities that may become facilities of the State Plan of Flood Control, consistent with the Central Valley Flood Protection Plan. The board may add those facilities to the State Plan of Flood Control based on a determination showing how the facility accomplishes the purposes identified in subdivision (b). (d) For the purposes of subdivision (c), facilities that may become facilities of the State Plan of Flood Control include bypasses, floodway corridors, flood plain storage, or other projects that expand the capacity of the flood protection system in the Sacramento-San Joaquin Valley to provide flood protection. (Added by Stats. 2007, Ch. 364, Sec. 9. Effective January 1, 2008.)
  13. 9612.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 2. Plan Development [9610 - 9616] ( Chapter 2 added by Stats. 2007, Ch. 364, Sec. 9. )

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    The department must prepare the Central Valley Flood Protection Plan, and the board must adopt it, hold hearings, accept written comments, and publish proposed changes before adoption.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 2. Plan Development [9610 - 9616] ( Chapter 2 added by Stats. 2007, Ch. 364, Sec. 9. ) ## 9612. (a) The department shall prepare, and the board shall adopt, a plan identified as the Central Valley Flood Protection Plan in accordance with this part. (b) No later than January 1, 2012, the department shall prepare the Central Valley Flood Protection Plan in accordance with this part, and shall transmit the plan to the board, which shall adopt the plan no later than July 1, 2012. (c) The board shall hold at least two hearings to receive comments on the proposed plan. At least one hearing shall be held in the Sacramento Valley and at least one hearing shall be held in the San Joaquin Valley. The board shall also accept comments in writing with regard to the proposed plan. (d) The board may make changes to the proposed plan to resolve issues raised in the hearings or to respond to comments received by the board. The board shall publish its proposed changes to the proposed plan at least two weeks before adopting the plan. (e) The plan shall be updated in subsequent years ending in 2 and 7. (f) The department or the board may appoint one or more advisory committees to assist in the preparation of the plan. If the department or the board appoints one or more advisory committees, the advisory committee or committees shall include representation by interested organizations. (Added by Stats. 2007, Ch. 364, Sec. 9. Effective January 1, 2008.)
  14. 9613.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 2. Plan Development [9610 - 9616] ( Chapter 2 added by Stats. 2007, Ch. 364, Sec. 9. )

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    The department may implement certain flood protection improvements before the Central Valley Flood Protection Plan is adopted if the director makes a written finding that the listed conditions are met.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 2. Plan Development [9610 - 9616] ( Chapter 2 added by Stats. 2007, Ch. 364, Sec. 9. ) ## 9613. (a) Consistent with subdivision (b) of Section 5096.821 of the Public Resources Code, the department may implement flood protection improvements for urban areas protected by facilities of the State Plan of Flood Control before the adoption of Central Valley Flood Protection Plan if the director determines, in writing, that all of the following apply: (1) The improvements are necessary and require state funding before the completion of the Central Valley Flood Protection Plan prepared pursuant to Section 9612. (2) The improvements will reduce or avoid risk to human life in one or more urban areas. (3) The improvements will not impair or impede future changes to regional flood protection or the Central Valley Flood Protection Plan. (4) The improvements will be maintained by a local agency that has committed sufficient funding to maintain both the existing and improved facilities of the State Plan of Flood Control. (5) The affected cities, counties, and other public agencies will have sufficient revenue resources for the operation and maintenance of the facility. (6) Upon the allocation of funds for a project, the proposed project is ready for implementation. (7) The improvements comply with existing law. (b) The flood protection improvements authorized by this section may include improvements to specific facilities of the State Plan of Flood Control or acquisition of flood easements for floodways that support facilities of the State Plan of Flood Control to increase levels of flood protection for urban areas in accordance with subdivision (b) of Section 5096.821 of the Public Resources Code. (c) The department and the board shall investigate and evaluate the feasibility of potential bypasses or floodways that would significantly reduce flood stage in the San Joaquin River Watershed, upstream and south of Paradise Cut. (Added by Stats. 2007, Ch. 364, Sec. 9. Effective January 1, 2008.)
  15. 9614.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 2. Plan Development [9610 - 9616] ( Chapter 2 added by Stats. 2007, Ch. 364, Sec. 9. )

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    The plan must include specified descriptions, evaluations, lists, and recommendations about flood control facilities, risks, impacts, and improvements.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 2. Plan Development [9610 - 9616] ( Chapter 2 added by Stats. 2007, Ch. 364, Sec. 9. ) ## 9614. The plan shall include all of the following: (a) A description of the Sacramento-San Joaquin River Flood Management System and the cities and counties included in the system. (b) A description of the performance of the system and the challenges to modifying the system to provide appropriate levels of flood protection using available information. (c) A description of the facilities included in the State Plan of Flood Control, including all of the following: (1) The precise location and a brief description of each facility, a description of the population and property protected by the facility, the system benefits provided by the facility, if any, and a brief history of the facility, including the year of construction, major improvements to the facility, and any failures of the facility. (2) The design capacity of each facility. (3) A description and evaluation of the performance of each facility, including the following: (A) An evaluation of failure risks due to each of the following: (i) Overtopping. (ii) Under seepage and seepage. (iii) Structural failure. (iv) Other sources of risk, including seismic risks, that the department or the board determines are applicable. (B) A description of any uncertainties regarding performance capability, including uncertainties arising from the need for additional engineering evaluations or uncertainties arising from changed conditions such as changes in estimated channel capacities. (d) A description of each existing dam that is not part of the State Plan of Flood Control that provides either significant systemwide benefits for managing flood risks within the Sacramento-San Joaquin Valley or protects urban areas within the Sacramento-San Joaquin Valley. (e) A description of each existing levee and other flood management facility not described in subdivision (d) that is not part of the State Plan of Flood Control and that provides either significant systemwide benefits for managing flood risks within the Sacramento-San Joaquin Valley or protects an urban area. (f) A description of the probable impacts of projected climate change, projected land use patterns, and other potential flood management challenges on the ability of the system to provide adequate levels of flood protection. (g) An evaluation of the structural improvements and repairs necessary to bring each of the facilities of the State Plan of Flood Control to within its design standard. The evaluation shall include a prioritized list of recommended actions necessary to bring each facility not identified in subdivision (h) to within its design standard. (h) The evaluation shall include a list of facilities recommended to be removed from the State Plan of Flood Control. For each facility recommended for removal, the evaluation shall identify both of the following: (1) The reasons for proposing the removal of the facility from the State Plan of Flood Control. (2) Any additional recommended actions associated with removing the facility from the State Plan of Flood Control. (i) A description of both structural and nonstructural methods for providing an urban level of flood protection to current urban areas. The description shall also include a list of recommended next steps to improve urban flood protection. (j) A description of structural and nonstructural means for enabling or improving systemwide riverine ecosystem function, including, but not limited to, establishment of riparian habitat and seasonal inundation of available flood plains where feasible. (Amended by Stats. 2008, Ch. 179, Sec. 231. Effective January 1, 2009.)
  16. 9615.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 2. Plan Development [9610 - 9616] ( Chapter 2 added by Stats. 2007, Ch. 364, Sec. 9. )

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    The department must collaborate with the U.S. Army Corps of Engineers and flood management facility owners and operators when preparing the plan.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 2. Plan Development [9610 - 9616] ( Chapter 2 added by Stats. 2007, Ch. 364, Sec. 9. ) ## 9615. For the purposes of preparing the plan, the department shall collaborate with the United States Army Corps of Engineers and the owners and operators of flood management facilities. (Added by Stats. 2007, Ch. 364, Sec. 9. Effective January 1, 2008.)
  17. 9616.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 2. Plan Development [9610 - 9616] ( Chapter 2 added by Stats. 2007, Ch. 364, Sec. 9. )

    Verify source ↗

    The plan must describe structural and nonstructural ways to improve flood-control facilities and must include a prioritized list of actions to reduce flood risk.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 2. Plan Development [9610 - 9616] ( Chapter 2 added by Stats. 2007, Ch. 364, Sec. 9. ) ## 9616. (a) The plan shall include a description of both structural and nonstructural means for improving the performance and elimination of deficiencies of levees, weirs, bypasses, and facilities, including facilities of the State Plan of Flood Control, and, wherever feasible, meet multiple objectives, including each of the following: (1) Reduce the risk to human life, health, and safety from flooding, including protection of public safety infrastructure. (2) Expand the capacity of the flood protection system in the Sacramento-San Joaquin Valley to either reduce floodflows or convey floodwaters away from urban areas. (3) Link the flood protection system with the water supply system. (4) Reduce flood risks in currently nonurbanized areas. (5) Increase the engagement of local agencies willing to participate in improving flood protection, ensuring a better connection between state flood protection decisions and local land use decisions. (6) Improve flood protection for urban areas to the urban level of flood protection. (7) Promote natural dynamic hydrologic and geomorphic processes. (8) Reduce damage from flooding. (9) Increase and improve the quantity, diversity, and connectivity of riparian, wetland, flood plain, and shaded riverine aquatic habitats, including the agricultural and ecological values of these lands. (10) Minimize the flood management system operation and maintenance requirements. (11) Promote the recovery and stability of native species populations and overall biotic community diversity. (12) Identify opportunities and incentives for expanding or increasing use of floodway corridors. (13) Provide a feasible, comprehensive, and long-term financing plan for implementing the plan. (14) Identify opportunities for reservoir reoperation in conjunction with groundwater flood storage. (b) The plan shall include a prioritized list of recommended actions to reduce flood risks and meet the objectives described in subdivision (a). (Added by Stats. 2007, Ch. 364, Sec. 9. Effective January 1, 2008.)
  18. 9620.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 3. Plan Implementation [9620 - 9625] ( Chapter 3 added by Stats. 2007, Ch. 364, Sec. 9. )

    Verify source ↗

    After the plan is adopted by the board, the board must act on certain removal recommendations, and the department must develop a recommended schedule and funding plan.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 3. Plan Implementation [9620 - 9625] ( Chapter 3 added by Stats. 2007, Ch. 364, Sec. 9. ) ## 9620. Upon the adoption of the plan by the board, all of the following apply: (a) The facilities identified pursuant to subdivision (a) of Section 9614 shall be deemed to be part of the system. (b) The board shall act on the recommendations to remove facilities identified pursuant to subdivision (h) of Section 9614 from the State Plan of Flood Control. (c) The department shall develop a recommended schedule and funding plan to implement the recommendations of the plan. To develop the recommended schedule and funding plan, the department may collaborate with local and federal agencies. (Added by Stats. 2007, Ch. 364, Sec. 9. Effective January 1, 2008.)
  19. 9621.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 3. Plan Implementation [9620 - 9625] ( Chapter 3 added by Stats. 2007, Ch. 364, Sec. 9. )

    Verify source ↗

    Each county must work with cities in its jurisdiction to develop flood emergency plans within 24 months after the plan is adopted.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 3. Plan Implementation [9620 - 9625] ( Chapter 3 added by Stats. 2007, Ch. 364, Sec. 9. ) ## 9621. Consistent with the adoption of the Central Valley Flood Protection Plan pursuant to this part, each county shall collaborate with cities within its jurisdiction to develop flood emergency plans within 24 months of the adoption of the plan. (Added by Stats. 2007, Ch. 364, Sec. 9. Effective January 1, 2008.)
  20. 9622.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 3. Plan Implementation [9620 - 9625] ( Chapter 3 added by Stats. 2007, Ch. 364, Sec. 9. )

    Verify source ↗

    Cities and counties must work with flood management agencies to help reduce flood risk for certain economically disadvantaged communities in nonurbanized areas.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 3. Plan Implementation [9620 - 9625] ( Chapter 3 added by Stats. 2007, Ch. 364, Sec. 9. ) ## 9622. Consistent with the adoption of the Central Valley Flood Protection Plan pursuant to this part, each city, county, and city and county shall collaborate with the state and local flood management agencies to provide relocation assistance or other cost-effective strategies for reducing flood risk to existing economically disadvantaged communities located in nonurbanized areas. (Added by Stats. 2007, Ch. 364, Sec. 9. Effective January 1, 2008.)
  21. 9623.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 3. Plan Implementation [9620 - 9625] ( Chapter 3 added by Stats. 2007, Ch. 364, Sec. 9. )

    Verify source ↗

    Cities, counties, and city and counties must work with state and local flood management agencies to develop funding mechanisms for local flood protection responsibilities by January 1, 2010.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 3. Plan Implementation [9620 - 9625] ( Chapter 3 added by Stats. 2007, Ch. 364, Sec. 9. ) ## 9623. Consistent with the adoption of the Central Valley Flood Protection Plan pursuant to this part, each city, county, and city and county shall collaborate with the state and local flood management agencies to develop funding mechanisms to finance local flood protection responsibilities by January 1, 2010. (Added by Stats. 2007, Ch. 364, Sec. 9. Effective January 1, 2008.)
  22. 9624.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 3. Plan Implementation [9620 - 9625] ( Chapter 3 added by Stats. 2007, Ch. 364, Sec. 9. )

    Verify source ↗

    This section says the part applies to all cities, including charter cities, and to counties in the plan under Section 9614.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 6. CENTRAL VALLEY FLOOD PROTECTION [9600 - 9625] ( Part 6 added by Stats. 2007, Ch. 364, Sec. 9. ) ## CHAPTER 3. Plan Implementation [9620 - 9625] ( Chapter 3 added by Stats. 2007, Ch. 364, Sec. 9. ) ## 9624. Notwithstanding any other provision of law, this part applies to all cities, including charter cities, and counties included in the plan pursuant to Section 9614. The Legislature finds and declares that flood protection in the Sacramento-San Joaquin Valley is a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. (Added by Stats. 2007, Ch. 364, Sec. 9. Effective January 1, 2008.)
  23. 9650.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 8. PROJECT LEVEE UPGRADES [9650 - 9651] ( Part 8 added by Stats. 2007, Ch. 368, Sec. 8. )

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    For certain project levee upgrades funded by the state, the responsible local agency and affected city or county must agree to adopt a safety plan within two years, and the plan must be sent to the department and the Central Valley Flood Protection Board.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 8. PROJECT LEVEE UPGRADES [9650 - 9651] ( Part 8 added by Stats. 2007, Ch. 368, Sec. 8. ) ## 9650. (a) (1) Commencing July 1, 2008, the allocation or expenditure of funds by the state for the upgrade of a project levee, if that upgrade is authorized on or after July 1, 2008, that protects an area in which more than 1,000 people reside shall be subject to a requirement that the local agency responsible for the operation and maintenance of the project levee and any city or county protected by the project levee, including a charter city or charter county, enter into an agreement to adopt a safety plan within two years. If a city or county is responsible for the operation and maintenance of the project levee, the governing body shall approve a resolution committing to the preparation of a safety plan within two years. (2) The local entity responsible for the operation and maintenance of the project levee shall submit a copy of the safety plan to the department and the Central Valley Flood Protection Board. (b) The safety plan, at a minimum, shall include all of the following elements: (1) A flood preparedness plan that includes storage of materials that can be used to reinforce or protect a levee when a risk of failure exists. (2) A levee patrol plan for high water situations. (3) A flood-fight plan for the period before state or federal agencies assume control over the flood fight. (4) An evacuation plan that includes a system for adequately warning the general public in the event of a levee failure, and a plan for the evacuation of every affected school, residential care facility for the elderly, and long-term health care facility. (5) A floodwater removal plan. (6) A requirement, to the extent reasonable, that either of the following applies to a new building in which the inhabitants are expected to be essential service providers: (A) The building is located outside an area that may be flooded. (B) The building is designed to be operable shortly after the floodwater is removed. (c) The safety plan shall be integrated into any other local agency emergency plan and shall be coordinated with the state emergency plan. (d) This section does not require the adoption of an element of the safety plan that was adopted previously and remains in effect. (Amended (as added by Stats. 2007, Ch. 368, Sec. 8) by Stats. 2015, Ch. 303, Sec. 550. (AB 731) Effective January 1, 2016.)
  24. 9651.

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 8. PROJECT LEVEE UPGRADES [9650 - 9651] ( Part 8 added by Stats. 2007, Ch. 368, Sec. 8. )

    Verify source ↗

    This section defines terms used in the project levee upgrades part, including “project levee,” “State Plan of Flood Control,” and “upgrade of a project levee.”

    ## Water Code - WAT ## DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) ## PART 8. PROJECT LEVEE UPGRADES [9650 - 9651] ( Part 8 added by Stats. 2007, Ch. 368, Sec. 8. ) ## 9651. Unless the context requires otherwise, the definitions set forth in this section govern the construction of this part. (a) “Emergency plan” and “state emergency plan” have the meanings set forth in subdivisions (a) and (b), respectively, of Section 8560 of the Government Code. (b) “Essential service providers” includes, but is not limited to, hospitals, fire stations, police stations, and jails. (c) “Long-term health care facility” has the same meaning as defined in Section 1418 of the Health and Safety Code. (d) “Project levee” means any levee that is part of the facilities of the State Plan of Flood Control. (e) “Residential care facility for the elderly” has the same meaning as defined in Section 1569.2 of the Health and Safety Code. (f) “School” means a public or private preschool, elementary school, or secondary school or institution. (g) “State Plan of Flood Control” means the state and federal flood control works, lands, programs, plans, policies, conditions, and mode of maintenance and operations of the Sacramento River Flood Control Project described in Section 8350, and of flood control projects in the Sacramento River and San Joaquin River watersheds authorized pursuant to Article 2 (commencing with Section 12648) of Chapter 2 of Part 6 of Division 6 for which the board or the department has provided the assurances of nonfederal cooperation to the United States, and those facilities identified in Section 8361. (h) (1) “Upgrade of a project levee” means installing a levee underseepage control system, increasing the height or bulk of a levee, installing a slurry wall or sheet pile into the levee, rebuilding a levee because of internal geotechnical flaws, or adding a stability berm. (2) Notwithstanding paragraph (1), an upgrade of a project levee does not include any action undertaken on an emergency basis. (Added by Stats. 2007, Ch. 368, Sec. 8. Effective January 1, 2008.)

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