Water Code — Part 7 | WAT — United States — California law | Esheria

Water Code

Part 7 of 51 · provisions 1,201–1,400

This section says the act is called the Water Code.

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

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Provisions of Water Code

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  1. 12845.

    ## Water Code - 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 3.5. Fish, Wildlife, and Recreation in Connection With Flood Control and Watershed Protection Projects [12840 - 12849] ( Chapter 3.5 added by Stats. 1973, Ch. 537. ) ## ARTICLE 2. Responsibilities of State Agencies [12843 - 12846] ( Article 2 added by Stats. 1973, Ch. 537. )

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    State agencies with resource management responsibilities affected by a project may cooperate with federal and local sponsoring agencies and may develop data needed to carry out 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 3.5. Fish, Wildlife, and Recreation in Connection With Flood Control and Watershed Protection Projects [12840 - 12849] ( Chapter 3.5 added by Stats. 1973, Ch. 537. ) ## ARTICLE 2. Responsibilities of State Agencies [12843 - 12846] ( Article 2 added by Stats. 1973, Ch. 537. ) ## 12845. In order to realize the full potential of such projects for fish and wildlife enhancement and for recreational development, state agencies having resource management responsibilities affected by the project are authorized to cooperate with federal and local sponsoring agencies through all stages of the project formulation and planning process, and to develop such data as, in their judgment, may be necessary to carry out the intent and purpose of this chapter. Such physical features as may be necessary to permit full public utilization of the completed project for recreational purposes shall be constructed and such lands as may be necessary for recreational purposes and for fish and wildlife enhancement shall be acquired at the same time and in the same manner as lands for other project purposes. (Added by Stats. 1973, Ch. 537.)
  2. 12846.

    ## Water Code - 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 3.5. Fish, Wildlife, and Recreation in Connection With Flood Control and Watershed Protection Projects [12840 - 12849] ( Chapter 3.5 added by Stats. 1973, Ch. 537. ) ## ARTICLE 2. Responsibilities of State Agencies [12843 - 12846] ( Article 2 added by Stats. 1973, Ch. 537. )

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    The Department of Fish and Game is responsible for managing all fish and wildlife resources at projects 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 3.5. Fish, Wildlife, and Recreation in Connection With Flood Control and Watershed Protection Projects [12840 - 12849] ( Chapter 3.5 added by Stats. 1973, Ch. 537. ) ## ARTICLE 2. Responsibilities of State Agencies [12843 - 12846] ( Article 2 added by Stats. 1973, Ch. 537. ) ## 12846. The Department of Fish and Game shall be responsible for the management of all fish and wildlife resources at any project subject to the provisions of this chapter. (Amended by Stats. 1973, Ch. 920.)
  3. 12847.

    ## Water Code - 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 3.5. Fish, Wildlife, and Recreation in Connection With Flood Control and Watershed Protection Projects [12840 - 12849] ( Chapter 3.5 added by Stats. 1973, Ch. 537. ) ## ARTICLE 3. State Financial Assistance [12847 - 12848] ( Article 3 added by Stats. 1973, Ch. 537. )

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    The state must pay half of certain nonfederal capital costs for eligible recreation and fish and wildlife enhancement features, and the department or Reclamation Board must get public-access assurances before state money is spent.

    ## Water Code - 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 3.5. Fish, Wildlife, and Recreation in Connection With Flood Control and Watershed Protection Projects [12840 - 12849] ( Chapter 3.5 added by Stats. 1973, Ch. 537. ) ## ARTICLE 3. State Financial Assistance [12847 - 12848] ( Article 3 added by Stats. 1973, Ch. 537. ) ## 12847. Where recreation and fish and wildlife enhancement features are contained in a flood control or watershed protection project, and where such payment is specifically authorized by the Legislature, the state shall pay 50 percent of the nonfederal capital costs of the recreation and fish and wildlife enhancement features of the project; provided, however, if the project is subject to the provisions of Public Law 89-72, the state may cooperate in the attainment of such benefits in accordance with the provisions of subdivision (c) of Section 5094.3 of the Public Resources Code. The department or the Reclamation Board, as to projects under their respective jurisdictions, shall obtain assurances from the local agency sponsoring the project guaranteeing public access to project land and water areas prior to state participation in any costs pursuant to this chapter. (Added by Stats. 1973, Ch. 537.)
  4. 12848.

    ## Water Code - 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 3.5. Fish, Wildlife, and Recreation in Connection With Flood Control and Watershed Protection Projects [12840 - 12849] ( Chapter 3.5 added by Stats. 1973, Ch. 537. ) ## ARTICLE 3. State Financial Assistance [12847 - 12848] ( Article 3 added by Stats. 1973, Ch. 537. )

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    Each fiscal year, the Legislature must include in the department’s budget an appropriation from the General Fund sufficient to cover all costs required 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 3.5. Fish, Wildlife, and Recreation in Connection With Flood Control and Watershed Protection Projects [12840 - 12849] ( Chapter 3.5 added by Stats. 1973, Ch. 537. ) ## ARTICLE 3. State Financial Assistance [12847 - 12848] ( Article 3 added by Stats. 1973, Ch. 537. ) ## 12848. The Legislature hereby declares that there shall be included in the budget of the department for flood control subventions or for direct acquisitions by the state for each fiscal year an appropriation of funds from the General Fund in an amount sufficient to pay all costs required by this chapter. (Added by Stats. 1973, Ch. 537.)
  5. 12850.

    ## Water Code - 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 1. Short Title [12850- 12850.] ( Article 1 added by Stats. 1955, Ch. 1886. )

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    This section gives Chapter 4 its short title: “The California Watershed Protection and Flood Prevention 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 1. Short Title [12850- 12850.] ( Article 1 added by Stats. 1955, Ch. 1886. ) ## 12850. Chapter 4 of this part shall be known and may be cited as “The California Watershed Protection and Flood Prevention Law.” (Added by Stats. 1955, Ch. 1886.)
  6. 12851.

    ## Water Code - 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 2. Definitions [12851 - 12854] ( Article 2 added by Stats. 1955, Ch. 1886. )

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    The definitions in this article control how this chapter is interpreted.

    ## Water Code - 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 2. Definitions [12851 - 12854] ( Article 2 added by Stats. 1955, Ch. 1886. ) ## 12851. The definitions in this article govern the contruction of this chapter. (Added by Stats. 1955, Ch. 1886.)
  7. 12853.

    ## Water Code - 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 2. Definitions [12851 - 12854] ( Article 2 added by Stats. 1955, Ch. 1886. )

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    This section defines “lands, easements and rights of way” for watershed protection flood prevention 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 2. Definitions [12851 - 12854] ( Article 2 added by Stats. 1955, Ch. 1886. ) ## 12853. “Lands, easements and rights of way” includes lands and rights or interests in lands whereon channel improvements and channel rectifications, debris dams and water retarding structures are located; lands, rights, or interests in lands necessary in connection with the construction, operation, or maintenance of such channel improvements and rectifications, debris dams and water retarding structures, including those necessary for flooding and flowage purposes, debris basins, 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, debris dams and water retarding structures. (Added by Stats. 1955, Ch. 1886.)
  8. 12854.

    ## Water Code - 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 2. Definitions [12851 - 12854] ( Article 2 added by Stats. 1955, Ch. 1886. )

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    “Local organizations” means a county, city, state agency, or public district.

    ## Water Code - 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 2. Definitions [12851 - 12854] ( Article 2 added by Stats. 1955, Ch. 1886. ) ## 12854. “Local organizations” means any county, city, state agency or public district. (Added by Stats. 1955, Ch. 1886.)
  9. 12860.

    ## Water Code - 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 3. Declaration of Policy [12860 - 12861] ( Article 3 added by Stats. 1955, Ch. 1886. )

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    The section declares that the people of the State have a primary interest in controlling and conserving floodwaters and preventing erosion, sediment damage, and other floodwater damage in river and stream watersheds.

    ## Water Code - 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 3. Declaration of Policy [12860 - 12861] ( Article 3 added by Stats. 1955, Ch. 1886. ) ## 12860. It is hereby declared that the people of the State have a primary interest in the control and conservation of floodwaters and the prevention of erosion, sediment damages and other damages by floodwaters in the watersheds of the rivers and streams of this State. (Added by Stats. 1955, Ch. 1886.)
  10. 12861.

    ## Water Code - 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 3. Declaration of Policy [12860 - 12861] ( Article 3 added by Stats. 1955, Ch. 1886. )

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    The section states that recurrent floods are harmful and that flood control and prevention, along with conserving and protecting state land and water resources, are proper state functions carried out with local and federal 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 3. Declaration of Policy [12860 - 12861] ( Article 3 added by Stats. 1955, Ch. 1886. ) ## 12861. It is hereby declared that recurrent floods on rivers and streams of this State, causing loss of life and damage to 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 and prevention of such floods and the loss and damage caused thereby and the conservation and protection of the State’s land and water resources 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. 1955, Ch. 1886.)
  11. 12865.

    ## Water Code - 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 4. Declaration of Intent [12865 - 12868] ( Article 4 added by Stats. 1955, Ch. 1886. )

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    The Legislature states that California’s policy is to pay the local cooperation costs required by Congress for certain watershed 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 4. Declaration of Intent [12865 - 12868] ( Article 4 added by Stats. 1955, Ch. 1886. ) ## 12865. 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 acts of Congress for the following types of watershed projects: (a) “Pilot plant” or “experimental projects” in this State, whether commenced prior to the effective date of this chapter or not, authorized by the Department of Agriculture Appropriation Act for the fiscal year ending June 30, 1954 (Chapter 251, Public Law 156, Eighty-third Congress, First Session, approved July 28, 1953) to be carried out pursuant to Public Law 46, Seventy-fourth Congress. (b) Any project in this State undertaken, whether prior to the effective date of this chapter or not, pursuant to the Watershed Protection and Flood Prevention Act (Public Law 566, Chapter 656, Eighty-third Congress, Second Session). (Added by Stats. 1955, Ch. 1886.)
  12. 12866.

    ## Water Code - 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 4. Declaration of Intent [12865 - 12868] ( Article 4 added by Stats. 1955, Ch. 1886. )

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    The State’s assumed local-cooperation costs are limited to 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 4. Declaration of Intent [12865 - 12868] ( Article 4 added by Stats. 1955, Ch. 1886. ) ## 12866. The costs of local cooperation which the State will assume pursuant to Section 12865 shall be limited to the costs of lands, easements and rights of way. (Added by Stats. 1955, Ch. 1886.)
  13. 12866.1.

    ## 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 4. Declaration of Intent [12865 - 12868] ( Article 4 added by Stats. 1955, Ch. 1886. )

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    The state must not give financial assistance for relocating, reconstructing, 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 4. Declaration of Intent [12865 - 12868] ( Article 4 added by Stats. 1955, Ch. 1886. ) ## 12866.1. 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.)
  14. 12866.2.

    ## 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 4. Declaration of Intent [12865 - 12868] ( Article 4 added by Stats. 1955, Ch. 1886. )

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    For certain flood control projects approved after November 10, 1969, the state and local agency must share specified project costs, and the department determines the state’s share in prescribed circumstances.

    ## Water Code - 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 4. Declaration of Intent [12865 - 12868] ( Article 4 added by Stats. 1955, Ch. 1886. ) ## 12866.2. Notwithstanding any other provisions of this chapter, the following policy shall apply to projects approved by the appropriate committees of the Congress and by the Department of Agriculture after November 10, 1969: (a) The state shall pay 75 percent of the costs of lands and rights or interests in lands whereon channel improvements and channel rectifications, debris dams and water-retarding structures 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, debris dams and water-retarding structures, 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, debris dams and water-retarding structures 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, debris dams and water-retarding structures, 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. 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 determinations as it deems justified by the project changes. (f) When a project approved prior to November 10, 1969, is so modified that it becomes subject to the provisions of Section 12873, 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. (Amended by Stats. 1974, Ch. 1054.)
  15. 12866.3.

    ## 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 4. Declaration of Intent [12865 - 12868] ( Article 4 added by Stats. 1955, Ch. 1886. )

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    A local agency may get credit against its share of project land costs if the land was required for the project and 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 4. Declaration of Intent [12865 - 12868] ( Article 4 added by Stats. 1955, Ch. 1886. ) ## 12866.3. 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 12866.2 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 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 12866.2 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.)
  16. 12866.4.

    ## 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 4. Declaration of Intent [12865 - 12868] ( Article 4 added by Stats. 1955, Ch. 1886. )

    Verify source ↗

    The department may lend funds to a local agency, and the local agency may accept the loan if authorized to participate in watershed 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 4. Declaration of Intent [12865 - 12868] ( Article 4 added by Stats. 1955, Ch. 1886. ) ## 12866.4. Whenever specifically authorized by the Legislature, the department 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 12866.2, less any credit for previously acquired lands determined under Section 12866.3. 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 shall 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 of 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 watershed protection projects is authorized to accept the loans authorized pursuant to this section. (Amended by Stats. 1974, Ch. 1054.)
  17. 12867.

    ## Water Code - 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 4. Declaration of Intent [12865 - 12868] ( Article 4 added by Stats. 1955, Ch. 1886. )

    Verify source ↗

    The State must pay certain land, easement, and right-of-way costs for specified projects only when the listed 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 4. Declaration of Intent [12865 - 12868] ( Article 4 added by Stats. 1955, Ch. 1886. ) ## 12867. The State shall pay the costs of lands, easements and rights of way for projects described in subsection (a) of Section 12865 only if, or to the extent that: (a) The Secretary of Agriculture and local organizations have agreed on a plan for works of improvement pursuant to the authorization made by the Department of Agriculture Appropriation Act for the fiscal year ending June 30, 1954. (b) Local organizations have given assurances as required by the Secretary of Agriculture relative to local participation. (c) The department finds in its judgment that the benefits of the proposed works of improvement for an entire project or for a portion or portions thereof which constitute complete and usable independent units will reasonably exceed the costs of the entire project or of such portion or portions thereof. Cost figures based upon a reconnaissance-type survey may be used for such purpose providing the department finds that all elements of cost reasonably appear to be included and the cost figures appear reasonably accurate for the purpose of supporting a finding that total costs will be less than the total benefits for an entire project or for such portion or portions thereof that may be under consideration. (d) The department recommends to the Legislature that an appropriation of funds be made for the entire project or for such portion or portions thereof as constitute complete and usable independent units for reallocation for payment of the costs of lands, easements and rights of way which it finds have already been incurred or which it is anticipated will be incurred during the next fiscal year. (Amended by Stats. 1957, Ch. 1932.)
  18. 12868.

    ## Water Code - 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 4. Declaration of Intent [12865 - 12868] ( Article 4 added by Stats. 1955, Ch. 1886. )

    Verify source ↗

    The State may pay certain project land and right-of-way costs only if the listed planning, local assurance, benefit, transmission, and funding 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 4. Declaration of Intent [12865 - 12868] ( Article 4 added by Stats. 1955, Ch. 1886. ) ## 12868. The State shall pay the costs of lands, easements and rights of way for projects described in subsection (b) of Section 12865 only if, or to the extent that: (a) The Secretary of Agriculture and local organizations have agreed on a plan for works of improvement pursuant to Public Law 566, Eighty-third Congress, Second Session. (b) Local organizations have given the required assurances to the Secretary of Agriculture that they will: (1) Acquire without cost to the Federal Government such land, easements, or rights of way as will be needed in connection with works of improvement installed with federal assistance; (2) Assume such proportionate share of the cost of installing any works of improvement involving federal assistance as may be determined by the secretary to be equitable in consideration of anticipated benefits from such improvements; (3) Make arrangements satisfactory to the secretary for defraying costs of operating and maintaining such works of improvement, in accordance with regulations presented by the Secretary of Agriculture; (4) Acquire, or provide assurance that landowners have acquired, such water rights, pursuant to state law, as may be needed in the installation and operation of the work of improvement. (5) Obtain agreements to carry out recommended soil conservation measures and proper farm plans from owners of not less than 50 per centum of the lands situated in the drainage area above each retention reservoir to be installed with federal assistance. (c) The Secretary of Agriculture has determined that the benefits to be derived from the proposed works of improvement will exceed the cost. (d) The Secretary of Agriculture has transmitted a copy of the plan and justification therefor to the Congress through the President and, where applicable, to the Secretary of the Interior and the Secretary of the Army, as required by said Public Law 566. (e) The department finds in its judgment that the benefits of the proposed works of improvement for an entire project will reasonably exceed the costs thereof. Cost figures based upon a reconnaissance-type survey may be used for such purpose providing the department finds that all elements of cost reasonably appear to be included and the cost figures appear reasonably accurate for the purpose of supporting a finding that total costs will be less than the total benefits. (f) The department recommends to the Legislature that an appropriation of funds be made for the project for reallocation for payment of the costs of lands, easements and rights of way which it finds have already been incurred or which it is anticipated will be incurred during the next fiscal year. (Amended by Stats. 1959, Ch. 1269.)
  19. 12870.

    ## Water Code - 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 5. Procedure for Allocation [12870 - 12875] ( Article 5 added by Stats. 1955, Ch. 1886. )

    Verify source ↗

    Local organizations that have agreed on a plan for works of improvement and want state financial assistance must file an application with the department.

    ## Water Code - 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 5. Procedure for Allocation [12870 - 12875] ( Article 5 added by Stats. 1955, Ch. 1886. ) ## 12870. When local organizations have agreed with the Secretary of Agriculture upon a plan for works of improvement pursuant to the authorization contained in said Department of Agriculture Appropriation Act or in said Public Law 566 and desire financial assistance from the State pursuant to this chapter, they shall file an application with the department requesting the department to recommend to the Legislature that an appropriation of funds be made for the next fiscal year. (Amended by Stats. 1957, Ch. 1932.)
  20. 12871.

    ## Water Code - 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 5. Procedure for Allocation [12870 - 12875] ( Article 5 added by Stats. 1955, Ch. 1886. )

    Verify source ↗

    The department must make a recommendation to the Legislature if it finds the requirements of Section 12867 or 12868 have been 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 5. Procedure for Allocation [12870 - 12875] ( Article 5 added by Stats. 1955, Ch. 1886. ) ## 12871. The department shall make such a recommendation to the Legislature if it finds that the requirements of Section 12867 or Section 12868 have been met. (Amended by Stats. 1957, Ch. 1932.)
  21. 12872.

    ## Water Code - 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 5. Procedure for Allocation [12870 - 12875] ( Article 5 added by Stats. 1955, Ch. 1886. )

    Verify source ↗

    The department’s required findings must be based on current cost estimates or on actual costs incurred or expended.

    ## Water Code - 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 5. Procedure for Allocation [12870 - 12875] ( Article 5 added by Stats. 1955, Ch. 1886. ) ## 12872. The findings of the department required by subsection (d) of Section 12867 or of subsection (f) of Section 12868 shall be based upon current cost estimates or actual costs incurred or expended. (Amended by Stats. 1957, Ch. 1932.)
  22. 12873.

    ## Water Code - 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 5. Procedure for Allocation [12870 - 12875] ( Article 5 added by Stats. 1955, Ch. 1886. )

    Verify source ↗

    The department must make the required findings once when it first recommends a project or complete usable unit 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 5. Procedure for Allocation [12870 - 12875] ( Article 5 added by Stats. 1955, Ch. 1886. ) ## 12873. The findings of the department required by subsection (c) of Section 12867 or by subsections (a) to (e) of Section 12868 need be made only once, at the time the department first recommends an entire project or such portion or portions thereof as constitute complete and usable independent units to the Legislature, and need not be made again each year thereafter in which the department recommends an allocation of funds therefor. If conditions change so as in the judgment of the department to warrant new or different findings, the department may however make additional or contrary findings, and make recommendations thereon to the Legislature. (Amended by Stats. 1957, Ch. 1932.)
  23. 12874.

    ## Water Code - 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 5. Procedure for Allocation [12870 - 12875] ( Article 5 added by Stats. 1955, Ch. 1886. )

    Verify source ↗

    The department must reallocate appropriated money to local organizations when they apply and meet the stated showing requirements, and the organizations must later report expenditures and provide information the department requires.

    ## Water Code - 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 5. Procedure for Allocation [12870 - 12875] ( Article 5 added by Stats. 1955, Ch. 1886. ) ## 12874. Money appropriated to the department for reallocation to local organizations shall be reallocated to local organizations upon order of the department after application therefor has been made to it by such local organizations showing the necessity, purpose and use to be made of the money or showing that such organizations have made necessary advances or incurred obligations for the purpose of expediting projects for which the allocation is made and giving such other information as the department may require. Such application may be filed with or as a part of the application for recommendation to the Legislature for appropriation of funds. Expenditures of the reallocated sums shall be reported to the department as and when required by it. The reports shall give such information as the department may require. (Amended by Stats. 1959, Ch. 1269.)
  24. 12875.

    ## Water Code - 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 5. Procedure for Allocation [12870 - 12875] ( Article 5 added by Stats. 1955, Ch. 1886. )

    Verify source ↗

    The department may refuse to issue any reallocation order if this chapter is violated.

    ## Water Code - 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 4. Watershed Protection Flood Prevention Projects [12850 - 12875] ( Chapter 4 added by Stats. 1955, Ch. 1886. ) ## ARTICLE 5. Procedure for Allocation [12870 - 12875] ( Article 5 added by Stats. 1955, Ch. 1886. ) ## 12875. The department may refuse to make any order for the reallocation of any of the funds if the provisions of this chapter are violated. (Amended by Stats. 2001, Ch. 745, Sec. 230.8. Effective October 12, 2001.)
  25. 12878.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    This section defines key terms used throughout the chapter on maintenance areas.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. ) ## 12878. Unless the context otherwise requires, the following definitions apply throughout this chapter: (a) “Department” means Department of Water Resources. (b) “Director” means the Director of Water Resources. (c) “Board” means the State Reclamation Board. (d) Wherever the words “board or department” or “board or director” are used together in this chapter they shall mean board as to any project in the Sacramento or San Joaquin Valleys or on or near the Sacramento River or the San Joaquin River or any of their tributaries, and department or director as to any project in any other part of the state outside of the jurisdiction of the board. (e) “Project” means any project that has been authorized pursuant to Chapter 2 (commencing with Section 12639) or Chapter 4 (commencing with Section 12850) and concerning which assurances have been given to the Secretary of the Army or the Secretary of Agriculture that the state or a political subdivision thereof will operate and maintain the project works in accordance with regulations prescribed by the federal government or any project upon which assurances have been given to the Secretary of the Army and upon which the Corps of Engineers, United States Army, has performed work pursuant to Section 208 of Public Law 780, 83rd Congress, 2nd Session, approved September 3, 1954. (f) “Maintenance” means work described as maintenance by the federal regulations issued by the Secretary of the Army, the Secretary of Agriculture, the department, or the board for any project. (g) “Maintenance area” means described or delineated lands that are found by the board or department to be benefited by the maintenance and operation of a particular unit of a project. (h) “Unit” means any portion of the works of a project designated as a unit by the board or department, other than the works prescribed in Section 8361, or works operated and maintained by the United States. (i) “Land” includes improvements. (j) “Local agency” means and includes all districts or other public agencies responsible for the operation of works of any project under Section 8370, Chapter 2 (commencing with Section 12639) or Chapter 4 (commencing with Section 12850) or any other law of this state. (k) “Cost of operation and maintenance” means, for the purposes of maintenance areas established after July 31, 2004, as the result of relinquishment by a local agency pursuant to Section 12878.1 only, the cost of all maintenance, as defined in subdivision (f), and shall also include, but is not limited to, all of the following costs: (1) All costs incurred by the department or the board in the formation of the maintenance area under this chapter. (2) Any costs, if deemed appropriate by the department, to secure insurance covering liability to others for damages arising from the maintenance activities of the department or from flooding in the maintenance area. (3) Any costs of defending any action brought against the state, the department, or the board, or any employees of these entities, for damages arising from the maintenance activities of the department or from flooding in the maintenance area. (4) Any costs incurred in the payment of any judgment or settlement of an action against the state, the department, or the board, or any employees of these entities, for damages arising from the formation of the maintenance area or from any maintenance activities of the department or flooding in the maintenance area. (Amended by Stats. 2007, Ch. 368, Sec. 10. Effective January 1, 2008.)
  26. 12878.1.

    ## 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    The department must prepare a detailed work statement and cost estimate when specified maintenance or operation problems exist, and it must estimate and submit costs to a requesting local agency before doing additional formation work. The board or department may proceed with forming a maintenance area in some circumstances, but not all.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. ) ## 12878.1. (a) If the department determines that a unit of a project is not being operated or maintained in accordance with the standards established by federal regulations, if the department determines that the modification of a unit of a project that has been permitted by the board and that provides flood protection is not being operated or maintained in accordance with the requirements established by the board or the department, or if the governing body of a local agency obligated to operate and maintain that unit by resolution duly adopted and filed with the department declares that it no longer desires to operate and maintain the project unit, the department shall prepare a statement to that effect specifying in detail the particular items of work necessary to be done in order to comply with the standards of the federal government and the requirements of the board or the department together with an estimate of the cost thereof for the current fiscal year and for the immediately ensuing fiscal year. (b) Subject to subdivision (c), but notwithstanding any other provision of law, the board or the department is not required to proceed in accordance with subdivision (a) or with the formation of a maintenance area under this chapter if neither the board nor the department has given the nonfederal assurances to the United States required for the project. If neither the board nor the department has given the nonfederal assurances to the United States required for the project, the board or department may elect to proceed with the formation if it determines that the formation of a maintenance area is in the best interest of the state. (c) If a local agency requests the department to form a maintenance area by resolution duly adopted and filed with the department, the department shall estimate the cost of preparing the statement of necessary work and the cost thereof, and all other applicable costs incurred by the department before the formation of the maintenance area. The department shall submit that estimate to the local agency. The department is not required to perform any additional work to form that maintenance area until the local agency pays the department the amount estimated pursuant to this subdivision. (Amended by Stats. 2007, Ch. 368, Sec. 11. Effective January 1, 2008.)
  27. 12878.10.

    ## 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    After the description and map are completed, the board or department must schedule a 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. ) ## 12878.10. Upon completion of the said description and map, the board or department shall schedule a hearing to be held either at some convenient place within the proposed boundaries of the maintenance area or at Sacramento, whichever appears to the board or department to be more convenient for all interested parties. (Added by Stats. 1957, Ch. 1800.)
  28. 12878.11.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    Notice of the hearing must be published in a newspaper of general circulation within the proposed maintenance area.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. ) ## 12878.11. Notice of the hearing shall be given by publication in at least one newspaper of general circulation within the proposed boundaries of the maintenance area for at least once a week for two successive weeks. (Added by Stats. 1957, Ch. 1800.)
  29. 12878.12.

    ## 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    The notice for the hearing must state the hearing time and place, the hearing’s purpose, where the proposed-boundary map may be inspected, and a description of the maintenance area.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. ) ## 12878.12. The notice shall state the time and place of hearing, that the purpose of the hearing is to establish the boundaries of the maintenance area benefited by the continued operation and maintenance of the unit, and the location of the place or places where the map showing the proposed boundaries as determined by the board or department may be inspected by any interested person. The notice shall include a description of the maintenance area, which may be brief and in general terms. (Added by Stats. 1957, Ch. 1800.)
  30. 12878.13.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    At the hearing, affected landowners or other interested people may present evidence, object to boundaries or zones, and ask for changes; the board or department must receive the evidence or testimony.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. ) ## 12878.13. At the hearing any owner of land within the proposed boundaries of the maintenance area or other interested person may offer, and the board or department shall receive, any relevant evidence or testimony relating to the establishment of the boundaries of the area, the zones therein, or the benefits to be received by the continued operation and maintenance of the unit. Any such owner or interested person may object to the inclusion of land within the maintenance area or any zone therein or may request the inclusion of any other land within the area or a change in the boundaries or percentage of benefits of any zone. (Added by Stats. 1957, Ch. 1800.)
  31. 12878.14.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    Land outside the proposed maintenance area’s exterior boundaries cannot be included unless the owner consents or gets notice, an opportunity to object, and a chance to be heard.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. ) ## 12878.14. Land lying without the exterior boundaries of the proposed maintenance area as shown on the map prepared by the board or department shall not be included within the maintenance area unless at the hearing the owner thereof consents or the owner is given notice and an opportunity to object to such inclusion and to be heard thereon. (Added by Stats. 1957, Ch. 1800.)
  32. 12878.15.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    If additional land is proposed to be included and the owner does not consent, the hearing must be adjourned to a specified time and 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. ) ## 12878.15. When any such additional land is proposed to be included and the owner’s consent is not given, the hearing shall be adjourned to a specified time and place. (Added by Stats. 1957, Ch. 1800.)
  33. 12878.16.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    Notice of an adjourned hearing, when additional land will be included, must be published at least once a week for two successive weeks, or sent by registered mail to the landowner instead.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. ) ## 12878.16. Notice of such adjourned hearing, where additional land is to be included, and the purpose thereof shall be given by publication of notice at least once a week for two successive weeks in a newspaper of general circulation in the county in which the land, or the greater portion of the land, sought to be included is situated, or, in lieu of such publication, by service by registered mail upon the owner of such land as determined by the last equalized assessment roll in accordance with which such land was assessed. (Added by Stats. 1957, Ch. 1800.)
  34. 12878.17.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    After the hearing, the board or department must set the maintenance area boundaries, the zone boundaries, and the benefit percentages.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. ) ## 12878.17. Upon the final conclusion of such hearing the board or department shall establish the boundaries of the maintenance area and of the zones therein and the percentages of benefits of the respective zones, in such manner that all of the lands benefited by the continued operation and maintenance of the unit will be included in the maintenance area and that all land within the area will be classified in proportion to the benefits received by it. (Added by Stats. 1957, Ch. 1800.)
  35. 12878.18.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    Land benefited by more than one unit may be included in as many maintenance areas as there are benefiting units.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. ) ## 12878.18. Land benefited by more than one unit may be included within as many maintenance areas as there are units by which it is benefited. (Added by Stats. 1957, Ch. 1800.)
  36. 12878.19.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    A board or director creating a maintenance area must do so by order or resolution, and that order or resolution must describe the area’s boundaries, any zones, and the percentage of benefits for each zone. The area must also be given a brief name.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. ) ## 12878.19. The establishment of a maintenance area pursuant to this chapter shall be evidenced by an order or resolution of the board or director creating such area. The order or resolution shall describe the boundaries of the maintenance area and of the zones and the percentage of benefits for each zone, if any, and each such area shall be given a name, which may include a number, by which the area shall be known and designated. Such name shall be as brief as circumstances permit. (Added by Stats. 1957, Ch. 1800.)
  37. 12878.2.

    ## 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    The statement must describe the unit and name any local agency responsible for operation and maintenance, and it must be sent to the affected local agency and, for projects under the board’s jurisdiction, to the board.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. ) ## 12878.2. The statement shall include a description of the unit and the name of the local agency, if any, responsible for its operation and maintenance and such statement shall be transmitted to the affected local agency in all cases and also to the board as to projects under its jurisdiction. (Added by Stats. 1957, Ch. 1800.)
  38. 12878.20.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    The order or resolution establishing a maintenance area’s boundaries must be filed for record in each county recorder’s office where part of the area is located.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. ) ## 12878.20. The order or resolution determining and establishing the boundaries thereof shall be filed for record in the office of the county recorder of each county within which any portion of a maintenance area is located. Thereupon the determination and establishment of such maintenance area shall be complete. (Added by Stats. 1957, Ch. 1800.)
  39. 12878.21.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    After a maintenance area is formed, the department must operate and maintain the unit until the area is dissolved. If only part of a project unit is included in the maintenance area, the remaining part stays the responsibility of the local 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. ) ## 12878.21. Upon the formation of a maintenance area, the department shall thereafter operate and maintain the unit until such time as the maintenance area may be dissolved pursuant to this chapter. If the board or the department forms a maintenance area for a portion of a unit of a project, any remaining portion of the unit of a project not included in the maintenance area shall remain the responsibility of the local agency obligated to operate and maintain that unit. (Amended by Stats. 2007, Ch. 368, Sec. 12. Effective January 1, 2008.)
  40. 12878.22.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 2. Dissolution of Maintenance Areas [12878.22- 12878.22.] ( Article 2 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    Certain local agencies may ask the board or department to dissolve a maintenance area, and the board or department may do so after a hearing if it decides dissolution is in the State’s best 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 2. Dissolution of Maintenance Areas [12878.22- 12878.22.] ( Article 2 added by Stats. 1957, Ch. 1800. ) ## 12878.22. Any local agency obligated by Chapters 2 (commencing at Section 12639) and 4 (commencing at Section 12850) of this part, or by Section 8370 of this code, or by any other law of the State, to operate and maintain any unit, any part of whose territory has been incorporated in a maintenance area, or any local agency desirous of assuming the obligation of operating and maintaining any unit concerning which unit a maintenance area has been formed pursuant to this article, may petition the board or department to dissolve such maintenance area, and the board or department, after a hearing, may dissolve such maintenance area if in its discretion it finds it to be in the best interest of the State to do so. (Added by Stats. 1957, Ch. 1800.)
  41. 12878.23.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 3. Modification of Maintenance Areas [12878.23 - 12878.24] ( Article 3 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    The board or the department may change maintenance-area boundaries, works descriptions, and benefit determinations, and may consolidate maintenance areas that share a common boundary.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 3. Modification of Maintenance Areas [12878.23 - 12878.24] ( Article 3 added by Stats. 1957, Ch. 1800. ) ## 12878.23. (a) The board or the department may modify the boundaries of any established maintenance area or zones within the maintenance area, the description of works to be maintained within the maintenance area, and the determination of relative benefits within any zone, upon its own initiative or upon petition by the governing body of the local agency formerly responsible for the operation and maintenance of the unit or by the board of supervisors of the county in which all or a portion of the unit is located. (b) The board or the department may consolidate maintenance areas that share a common boundary. (Amended by Stats. 2007, Ch. 368, Sec. 13. Effective January 1, 2008.)
  42. 12878.24.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 3. Modification of Maintenance Areas [12878.23 - 12878.24] ( Article 3 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    If a petition for modification is received, or the board or department starts the proceeding itself, the board or department must conduct the modification proceedings and may approve the modification if it thinks that doing so serves the best interests of the State and the affected area.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 3. Modification of Maintenance Areas [12878.23 - 12878.24] ( Article 3 added by Stats. 1957, Ch. 1800. ) ## 12878.24. Upon receipt of any such petition for modification or upon initiation of any such proceeding by its own action the board or department shall conduct such modification proceedings as near as may be in the manner provided in this chapter for the formation of maintenance areas, and may make such modification if in its discretion and judgment the best interests of the State and the area affected will be served thereby. (Added by Stats. 1957, Ch. 1800.)
  43. 12878.25.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    Land in each zone, or in each maintenance area where no zones exist, is conclusively presumed benefited by continued operation and maintenance and is subject to assessment under this article.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. ) ## 12878.25. The land within each zone, and the land within each maintenance area, if no zones are established therein, shall be conclusively presumed to be benefited by the continued operation and maintenance of the unit in accordance with the assessed valuation of the land and the improvements thereon or in accordance with its benefit product as defined in Section 12878.40, and shall be subject to assessment as provided in this article. (Amended by Stats. 1982, Ch. 759, Sec. 1. Effective September 8, 1982.)
  44. 12878.26.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    Each maintenance area is treated as a district where assessments are collected based on land value or benefit product.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. ) ## 12878.26. Each maintenance area is a district within which assessments are collected according to the value or to the benefit product as defined in Section 12878.40 of the land therein, and the provisions of Chapter 8 (commencing at Section 54900), Part 1, Division 2, Title 5 of the Government Code shall be complied with. (Amended by Stats. 1982, Ch. 759, Sec. 2. Effective September 8, 1982.)
  45. 12878.27.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    The department must estimate annual operation and maintenance costs for each unit by April 1 and send a copy of the estimates to the board.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. ) ## 12878.27. The department shall, prior to the first day of April of each year, estimate the cost of the operation and maintenance of each unit during the ensuing fiscal year and during the current fiscal year where no assessment has been levied or collected for the current fiscal year and adjust such estimates as provided in Section 12878.44. The department shall transmit a copy of such estimates to the board as to all units within the jurisdiction of the board. (Added by Stats. 1957, Ch. 1800.)
  46. 12878.28.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    Each year after April 1, the board or department must hold a hearing in Sacramento about fixing estimates and assessments for units operated or maintained by the department under 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. ) ## 12878.28. Following the first day of April of each year, the board or department shall hold a hearing at Sacramento on the matter of fixing the estimates and assessments for all units to be operated or maintained by the department pursuant to this chapter. (Added by Stats. 1957, Ch. 1800.)
  47. 12878.29.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    Notice of the hearing must be published in newspapers in each affected maintenance area.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. ) ## 12878.29. Notice of the hearing shall be given by publication in at least one newspaper of general circulation in each maintenance area affected for at least once a week for two successive weeks. (Added by Stats. 1957, Ch. 1800.)
  48. 12878.3.

    ## 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    A statement required by this section cannot be used as evidence in a court action against the local agency, its governing body or members, the State, or state officials, and noncompliance with the statement cannot be treated as negligence in such an action.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. ) ## 12878.3. Any such statement shall not be admissible as evidence in any court action brought against the local agency, its governing body or any member thereof or the State or any of its officials, nor shall the failure of the local agency, its governing body, or any member thereof, or the State or any of its officials, to comply with anything which may be specified as necessary in any such statement, be construed as negligence in any such action. (Added by Stats. 1957, Ch. 1800.)
  49. 12878.30.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    The notice must set the hearing time and place, and the hearing must be held at least 10 days after publication is completed.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. ) ## 12878.30. The notice shall set the time and place of the hearing which shall be held not less than 10 days following the completion of publication as to all maintenance areas, and shall state that the purpose of the hearing is to confirm or modify or revise the program of work to be performed on the units for which estimates have been made pursuant to Section 12878.27, and to determine the necessity for such work and the amount of the estimates therefor. (Added by Stats. 1957, Ch. 1800.)
  50. 12878.31.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    At the hearing, affected landowners or other interested people may present relevant evidence or testimony, and the board or department must receive 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. ) ## 12878.31. At the hearing any owner of land in any maintenance area affected, or other interested person may offer, and the board or department shall receive, any relevant evidence or testimony concerning the proposed program of work relating to any such unit, the necessity for such work, or the estimate of the cost thereof. (Added by Stats. 1957, Ch. 1800.)
  51. 12878.32.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    After the hearing ends, the board or department must set the estimate amount for each unit, and if the board sets it, the board must immediately tell the department the 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. ) ## 12878.32. Upon the final conclusion of such hearing the board or department shall fix the amount of the estimate for each such unit for all purposes of the assessments provided for in this article, and in all cases where the board fixes the said amount it shall immediately notify the department of the amounts thereof. (Added by Stats. 1957, Ch. 1800.)
  52. 12878.33.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    If an area or zone spans more than one county, the department must divide the estimate by each county’s acreage, adjusted for any zones of benefit.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. ) ## 12878.33. If any area or zone lies within more than one county, the department shall divide the amount of the estimate in the proportion of the acreage in each county, as modified to reflect any zones of benefit, as described in Section 12878.9. (Amended by Stats. 2004, Ch. 230, Sec. 35. Effective August 16, 2004.)
  53. 12878.34.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    The department must certify the amount needed to be levied for each maintenance area to the county auditor and board of supervisors, including separate zone amounts if the area is divided into zones.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. ) ## 12878.34. The department shall certify to the auditor and board of supervisors of each county in which each maintenance area, or part thereof, lies, the amount required, in order to pay the estimate for the ensuing fiscal year or the current fiscal year where no assessment has been levied or collected for the current fiscal year, to be levied in each area, and if the area is divided into zones, the amount required to be levied for such purposes in each zone. (Added by Stats. 1957, Ch. 1800.)
  54. 12878.35.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    County boards of supervisors must annually levy an ad valorem assessment on land in a maintenance area, at the time county taxes are levied.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. ) ## 12878.35. The board of supervisors of each county in which there lies a maintenance area or any portion thereof shall annually, and at the time of levying county taxes, levy on the land within the county and within the area, or if zones are established, within each zone, an ad valorem assessment sufficient to raise the amount or amounts certified by the department. (Added by Stats. 1957, Ch. 1800.)
  55. 12878.36.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    Each assessment must be identified by the area’s name and number, and by the zone number if a zone is involved.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. ) ## 12878.36. Each assessment shall be identified by the name and number, if any, of the area, and by the number of the zone, if a zone is involved. (Added by Stats. 1957, Ch. 1800.)
  56. 12878.37.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    The board of supervisors must set an assessment rate high enough to cover each area or zone’s estimate, allowing for anticipated delinquencies, and the auditor must compute and enter the assessment on the assessment roll.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. ) ## 12878.37. The board of supervisors shall determine a rate of assessment sufficient to cover the amount of the estimate for each area or zone, making reasonable allowance for anticipated delinquencies. If a fraction of a cent occurs in a valuation of one hundred dollars ($100), it shall be taken as a full cent. The assessment shall be computed and entered upon the assessment roll by the auditor. (Added by Stats. 1957, Ch. 1800.)
  57. 12878.38.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    Assessments under this article are collected like county taxes.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. ) ## 12878.38. Assessments levied pursuant to this article shall be collected at the same time and in the same manner as county taxes. So far as applicable, all provisions of law relating to the equalization, levy, payment, and collection of county taxes shall apply to such assessments and all provisions of law relating to the duties of county officers in relation to county taxes shall apply to such assessments, except as otherwise expressly provided by this chapter, so far as the same are or may be made applicable. (Added by Stats. 1957, Ch. 1800.)
  58. 12878.39.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    Money raised from the assessments must be tracked separately for each area and zone, and sent to the department on January 1 and July 1 each year after any county costs are deducted.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. ) ## 12878.39. All money raised by such assessments shall be accounted for separately as to each area and zone. All such money shall be transmitted by January 1st and July 1st of each year to the department for deposit in the Water Resources Revolving Fund after deduction of the amounts to be retained by the county for the reasonable costs of its services as determined pursuant to subdivision (e) of Section 12878.40. (Amended by Stats. 1982, Ch. 759, Sec. 3. Effective September 8, 1982.)
  59. 12878.4.

    ## 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    A local agency may protest a department statement within 45 days, and then the board or department must hold a hearing and give the local agency at least 10 days’ written notice.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. ) ## 12878.4. If the local agency, within 45 days after the date of receipt of the said statement of the department, files a protest thereto with the board or department setting forth in detail the basis of its objections, then the board or department shall schedule a hearing to be held within 30 days of the filing of the said protest to hear any relevant information which said local agency may care to present in support of its protest. As to projects under the jurisdiction of the board, the board shall make such investigation as it deems necessary to determine the likelihood that the unit will thereafter be operated and maintained satisfactorily by the local agency. The said local agency shall be given at least 10 days written notice of the date and place of said hearing. Representatives of the local agency, the department and other interested parties may appear at the said hearing and present any information relevant to the said protest of the local agency or in support of the statement of the department. Upon conclusion of said hearing, if the board or department finds that there are no items of defective maintenance, or that the local agency will correct the deficiencies and maintain and operate the project works in accordance with the standards established by the federal regulations, there shall be no further proceedings under the provisions of this chapter. (Added by Stats. 1957, Ch. 1800.)
  60. 12878.40.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    The county assigns each parcel a land-use category and factor, and the board of supervisors may use those values to levy a benefit assessment for maintenance areas if system costs would be too high.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 4. Assessments for Maintenance and Operation [12878.25 - 12878.40] ( Article 4 added by Stats. 1957, Ch. 1800. ) ## 12878.40. (a) The Legislature hereby finds and declares that a county may face substantial expense in maintaining a roll or system which reflects both current values of property for purposes of ad valorem benefit assessments as well as the property values for general taxation mandated by Article XIII A of the California Constitution. The Legislature further finds and declares that a fair and proper benefit assessment for flood control purposes may be levied on the alternative basis of the use to which the benefited land in a maintenance area may be put. (b) The board of supervisors of the county may evaluate the costs of maintaining a system to determine benefits according to assessed valuation of land and improvements thereon pursuant to Section 12878.35. If the board of supervisors finds that these costs would be excessive relative to the amounts to be collected, it may, in lieu of an ad valorem benefit assessment, elect to levy a benefit assessment as set forth in this section sufficient to raise the amount or amounts certified by the department. Amounts raised pursuant to this section for transmittal to the department shall be in lieu of any apportionment of county property tax revenues to the support of the maintenance area pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. The assessment authorized to be levied on each parcel under this section shall be based upon the parcel’s proportionate benefit, expressed as a product of the degree of flood protection it receives, its size, and its capacity for being put to use, with respect to all other parcels in the maintenance area. Specifically, a parcel’s benefit product equals the percentage benefit for the zone in which the parcel is located, as defined in Section 12878.9, multiplied by the acreage of the parcel, multiplied by the parcel’s land use factor as specified in subdivision (c). Any parcel less than one-third acre in size shall be deemed to be one-third acre. For any parcel categorized as agriculture in subdivision (c), every acre over five acres shall be deemed to be one-tenth acre. (c) The county shall assign each parcel to one of the following land use categories, representing its current predominant land use capability, and shall assign to each parcel the land use factor corresponding to such category: Category Factor (1) Waste or unusable land ........................ 0 (2) Agriculture ........................ 1 (3) Single family, residential ........................ 5 (4) Commercial, industrial, and other ........................ 10 Prior to April 1 of any year, landowners in the maintenance area may petition the board of supervisors, or the board of supervisors may on its own motion elect, to review the land use categories and land use factors herein provided. The petition shall be signed by at least 50 landowners or 10 percent of the landowners in the maintenance area, whichever is less. The board of supervisors shall thereupon give notice, pursuant to Section 6066 of the Government Code, and hold a hearing to determine whether the land use categories should be modified or increased in number and whether the land use factors should be modified. The board of supervisors may, by resolution, modify the categories and factors as in its judgment is required for fair and practical special benefit assessments for flood control maintenance. The board of supervisors may delegate to an appropriate county board or administrative body the powers and duties set forth in this subdivision. (d) The amount assessed each parcel in the maintenance area shall be determined by the following formula: the benefit product of the parcel multiplied by the total amount to be collected in the maintenance area, divided by the sum of the various benefit products of all parcels in the maintenance area. (e) If the county board of supervisors elects to use the benefit assessment procedure and formula provided in this section, the county may recover the reasonable costs of its services in preparing and levying the assessments. The board of supervisors shall add the amount for estimated county costs to the amount or amounts certified by the department and shall include that amount in the benefit assessment levied pursuant to this section. (f) All other provisions of this chapter applicable to the levy of assessments shall apply to this section so far as they are or may be made applicable. (Added by Stats. 1982, Ch. 759, Sec. 4. Effective September 8, 1982.)
  61. 12878.41.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 5. Administration of Maintenance Area Funds [12878.41 - 12878.45] ( Article 5 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    Money in specified maintenance funds is appropriated for this chapter’s purposes and is not subject to Government Code Section 16304.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 5. Administration of Maintenance Area Funds [12878.41 - 12878.45] ( Article 5 added by Stats. 1957, Ch. 1800. ) ## 12878.41. All money deposited in the Water Resources Revolving Fund pursuant to Section 12878.39, and all money transferred to the Water Resources Revolving Fund from the Flood Control Project Maintenance Revolving Fund, or appropriated for flood project maintenance under this chapter, is appropriated for the purposes of this chapter without regard to fiscal years and shall not be subject to the provisions of Section 16304 of the Government Code. (Added by Stats. 1957, Ch. 1800.)
  62. 12878.42.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 5. Administration of Maintenance Area Funds [12878.41 - 12878.45] ( Article 5 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    The department must keep a separate account for each maintenance area.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 5. Administration of Maintenance Area Funds [12878.41 - 12878.45] ( Article 5 added by Stats. 1957, Ch. 1800. ) ## 12878.42. The department shall keep a separate account for each maintenance area as to money deposited under Section 12878.39 and expenditures under this chapter in such area. The money in such accounts shall be available to the department for expenditure for the operation and maintenance of the unit for which the maintenance area was formed and from which the money in the account was derived. (Added by Stats. 1957, Ch. 1800.)
  63. 12878.43.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 5. Administration of Maintenance Area Funds [12878.41 - 12878.45] ( Article 5 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    The department must keep a separate account for certain General Fund appropriations, may spend that money on maintenance and operation when Section 12878.42 funds are unavailable or insufficient, and the money spent must be repaid from later deposits by the benefited maintenance area.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 5. Administration of Maintenance Area Funds [12878.41 - 12878.45] ( Article 5 added by Stats. 1957, Ch. 1800. ) ## 12878.43. The department shall keep a separate account for money appropriated for the purposes of this chapter from the General Fund. The money in this account shall be available to the department for expenditure for the maintenance and operation of any unit for which a maintenance area is formed to the extent there is no money, or insufficient money, available under Section 12878.42. All money so expended shall be repaid from any money subsequently deposited by the benefited maintenance area. (Added by Stats. 1957, Ch. 1800.)
  64. 12878.44.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 5. Administration of Maintenance Area Funds [12878.41 - 12878.45] ( Article 5 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    Spending on a unit in a fiscal year must stay within 20% above the estimate, unless the department finds higher spending is needed for emergency repairs or flood fighting.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 5. Administration of Maintenance Area Funds [12878.41 - 12878.45] ( Article 5 added by Stats. 1957, Ch. 1800. ) ## 12878.44. Money expended upon any unit during any fiscal year shall not exceed by more than 20 percent the amount of the estimate for that unit for that fiscal year, unless the department determines that expenditures that exceed that amount are necessary for emergency repairs or flood fighting. If in any fiscal year more money will be expended upon a unit than is, or will be, available from assessments or collections thereon derived from the maintenance area, the estimated amount of the deficit shall be added to the estimate for that unit for the following fiscal years, and if less money will be expended than collected, the estimated amount of that excess shall be deducted from the estimate. (Amended by Stats. 2004, Ch. 230, Sec. 36. Effective August 16, 2004.)
  65. 12878.45.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 5. Administration of Maintenance Area Funds [12878.41 - 12878.45] ( Article 5 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    The State Controller is not responsible for checking the correctness of claims on the account drawn, and must not keep separate accounts for maintenance areas in the Water Resources Revolving 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 5. Administration of Maintenance Area Funds [12878.41 - 12878.45] ( Article 5 added by Stats. 1957, Ch. 1800. ) ## 12878.45. The State Controller shall have no responsibility for verifying the correctness of the claim as to the account upon which it is drawn, and the State Controller shall keep no separate accounts for the maintenance areas under this chapter within the Water Resources Revolving Fund. (Added by Stats. 1957, Ch. 1800.)
  66. 12878.5.

    ## 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    If no protest is received, the board or department must adopt the estimated sum as the amount needed to maintain the unit for the current and next fiscal year and then move forward with forming a maintenance area.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. ) ## 12878.5. If no protest is received by the board or department pursuant to the provisions of the preceding section, the board or department shall adopt and establish the estimated sum previously set forth in the statement of the department made pursuant to Section 12878.1 of this code as the amount necessary to maintain the unit during the current and the ensuing fiscal year and shall thereupon proceed with the formation of a maintenance area in accordance with the provisions of this chapter. (Added by Stats. 1957, Ch. 1800.)
  67. 12878.6.

    ## 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    If the local agency does not provide satisfactory assurances within 30 days after the hearing, the board or department must set the money needed to maintain the unit and move ahead with forming a maintenance area.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. ) ## 12878.6. If, within 30 days after conclusion of the hearing held pursuant to Section 12878.4 of this code, the governing body of the local agency has not given assurances satisfactory to the board or department that the said local agency will correct the deficiencies and maintain and operate the project works in accordance with the standards established by the federal regulations, or that such local agency does not desire to continue to operate and maintain such unit, or that there is no such local agency obligated to so maintain and operate such unit, the board or department shall establish the amount of money necessary to maintain the unit during the current and ensuing fiscal year and shall proceed with the formation of a maintenance area in accordance with the provisions of this chapter. (Added by Stats. 1957, Ch. 1800.)
  68. 12878.7.

    ## 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    The board or department must prepare boundary descriptions and maps for each maintenance area and must help gather needed information; state officers and agencies must assist.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. ) ## 12878.7. The board or department shall prepare a description of the proposed boundaries together with a map thereof for each maintenance area to be formed. For the purpose of preparing these boundaries and this map, the board or department shall make such investigations as may be necessary and may utilize any and all books, maps, or other relevant records, whether or not on file in the offices of the board or department or any other office or agency of the State. All officers or agencies of the State shall render whatever assistance may be required to facilitate the work of the board or department pursuant to the provisions of this chapter. (Added by Stats. 1957, Ch. 1800.)
  69. 12878.8.

    ## 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    A maintenance area may be divided into zones if an investigation shows the land in the area does not benefit uniformly.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. ) ## 12878.8. Any maintenance area may be divided into zones when it is determined by the investigation that the benefit to the land in the area is not uniform throughout the area. (Added by Stats. 1957, Ch. 1800.)
  70. 12878.9.

    ## 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. )

    Verify source ↗

    If a maintenance area is divided into zones, the zones must be numbered starting with Zone 1, and Zone 1 must be the zone with the greatest proportional benefit.

    ## Water Code - 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 4.5. Maintenance Areas [12878 - 12878.45] ( Heading of Chapter 4.5 renumbered from Chapter 5 by Stats. 1963, Ch. 464. ) ## ARTICLE 1. Formation of Maintenance Areas [12878 - 12878.21] ( Article 1 added by Stats. 1957, Ch. 1800. ) ## 12878.9. If a maintenance area is divided into zones, the zones shall be given a numerical designation starting with Zone 1 which shall be the zone which receives the greatest proportional benefit. This benefit shall be expressed as 100 percent and the benefits received by the other zones shall be expressed in terms of relatively smaller percentages as such benefits compare with those received by Zone 1. The map of the proposed boundaries of the maintenance area shall also show the boundaries of the zones, if any, therein and the percentages of benefits to each such zone. The amount to be collected from each zone of a maintenance area shall be determined by the following formula: the assessed valuation of the land within the zone, multiplied by the percentage of benefit for that zone, multiplied by the total amount to be collected in the maintenance area; divided by the sum of the various products obtained by multiplying the assessed valuation of each zone in the maintenance area by its corresponding percentage of benefit. (Added by Stats. 1957, Ch. 1800.)
  71. 12879.

    ## Water Code - 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 1. General Provisions [12879 - 12879.2] ( Article 1 added by Stats. 1988, Ch. 46, Sec. 1. )

    Verify source ↗

    This chapter may be cited as the Water Conservation Bond Law of 1988.

    ## Water Code - 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 1. General Provisions [12879 - 12879.2] ( Article 1 added by Stats. 1988, Ch. 46, Sec. 1. ) ## 12879. This chapter shall be known and may be cited as the Water Conservation Bond Law of 1988. (Added by Stats. 1988, Ch. 46, Sec. 1. Approved in Proposition 82 at the November 8, 1988, election.)
  72. 12879.1.

    ## 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 1. General Provisions [12879 - 12879.2] ( Article 1 added by Stats. 1988, Ch. 46, Sec. 1. )

    Verify source ↗

    The Legislature states that local water projects are lacking in some areas and that state financial support, participation, and groundwater recharge programs are desirable ways to improve water supply and conservation.

    ## Water Code - 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 1. General Provisions [12879 - 12879.2] ( Article 1 added by Stats. 1988, Ch. 46, Sec. 1. ) ## 12879.1. The Legislature finds and declares as follows: (a) There is a lack of local water projects in certain areas of the state where the demands of a growing population could exceed water supplies which could threaten the public health and impede economic and social growth. (b) It is in the interest of the state to provide financial assistance to local agencies for the development of local water resources necessary to meet requirements for domestic, agricultural, and other uses. (c) The participation of the state and the State Water Resources Development System in the construction and operation of local water projects in those areas is desirable to further the development, control, and conservation of the water resources of the state. (d) Voluntary, cost-effective capital outlay water conservation programs can help meet growing demand for clean and abundant water supplies. (e) Recharging groundwater basins is an effective way to maximize the availability of scarce water supplies throughout the state through the efficient management of recharge and extraction activities in groundwater basins, and by reversing the effects of historical overdraft. (Added by Stats. 1988, Ch. 46, Sec. 1. Approved in Proposition 82 at the November 8, 1988, election.)
  73. 12879.10.

    ## 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [12879.7 - 12879.17] ( Article 3 added by Stats. 1988, Ch. 46, Sec. 1. )

    Verify source ↗

    The committee must decide whether issuing bonds under this chapter is necessary or desirable, and, if so, how many bonds to issue and sell.

    ## Water Code - 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [12879.7 - 12879.17] ( Article 3 added by Stats. 1988, Ch. 46, Sec. 1. ) ## 12879.10. The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the actions specified in Sections 12879.5 and 12879.6, and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 1988, Ch. 46, Sec. 1. Approved in Proposition 82 at the November 8, 1988, election.)
  74. 12879.11.

    ## Water Code - 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [12879.7 - 12879.17] ( Article 3 added by Stats. 1988, Ch. 46, Sec. 1. )

    Verify source ↗

    Each year, an additional sum must be collected to pay bond principal and interest, and officers responsible for collecting state revenues must collect 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [12879.7 - 12879.17] ( Article 3 added by Stats. 1988, Ch. 46, Sec. 1. ) ## 12879.11. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds maturing each year, and all officers required by law to perform any duty in regard to the collection of state revenues shall collect that additional sum. (Added by Stats. 1988, Ch. 46, Sec. 1. Approved in Proposition 82 at the November 8, 1988, election.)
  75. 12879.12.

    ## 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [12879.7 - 12879.17] ( Article 3 added by Stats. 1988, Ch. 46, Sec. 1. )

    Verify source ↗

    The General Fund is appropriated for this chapter’s purposes, including paying principal and interest on bonds and funding Section 12879.13.

    ## Water Code - 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [12879.7 - 12879.17] ( Article 3 added by Stats. 1988, Ch. 46, Sec. 1. ) ## 12879.12. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum which is necessary to carry out the provisions of Section 12879.13, appropriated without regard to fiscal years. (Added by Stats. 1988, Ch. 46, Sec. 1. Approved in Proposition 82 at the November 8, 1988, election.)
  76. 12879.13.

    ## Water Code - 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [12879.7 - 12879.17] ( Article 3 added by Stats. 1988, Ch. 46, Sec. 1. )

    Verify source ↗

    The Director of Finance may authorize limited withdrawals from the General Fund for this chapter, and withdrawn money must be deposited in the designated fund and later returned to the General Fund with 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [12879.7 - 12879.17] ( Article 3 added by Stats. 1988, Ch. 46, Sec. 1. ) ## 12879.13. For the purposes of carrying out this chapter, the Director of Finance may, by executive order, authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which the committee has, by resolution, authorized to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund to be allocated by the board in accordance with this chapter. Any money made available under this section to the board from money received from the sale of bonds for the purpose of carrying out this chapter shall be returned to the General Fund plus the interest that the amount would have earned in the Pooled Money Investment Account. (Added by Stats. 1988, Ch. 46, Sec. 1.)
  77. 12879.135.

    ## Water Code - 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [12879.7 - 12879.17] ( Article 3 added by Stats. 1988, Ch. 46, Sec. 1. )

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    The Treasurer may keep separate accounts for certain bond proceeds and earnings, and may use them for federal tax-related payments or other actions needed to preserve tax-exempt status.

    ## Water Code - 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [12879.7 - 12879.17] ( Article 3 added by Stats. 1988, Ch. 46, Sec. 1. ) ## 12879.135. Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this bond act that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 1991, Ch. 652, Sec. 28. Approved in Proposition 82 at the November 8, 1988, election.)
  78. 12879.14.

    ## Water Code - 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [12879.7 - 12879.17] ( Article 3 added by Stats. 1988, Ch. 46, Sec. 1. )

    Verify source ↗

    Money in the fund that comes from bond premium and accrued interest must stay in the fund and may be transferred to the General Fund to credit bond interest expenditures.

    ## Water Code - 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [12879.7 - 12879.17] ( Article 3 added by Stats. 1988, Ch. 46, Sec. 1. ) ## 12879.14. All money deposited in the fund which is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 1988, Ch. 46, Sec. 1. Approved in Proposition 82 at the November 8, 1988, election.)
  79. 12879.15.

    ## Water Code - 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [12879.7 - 12879.17] ( Article 3 added by Stats. 1988, Ch. 46, Sec. 1. )

    Verify source ↗

    Bonds issued and sold under this chapter may be refunded by issuing refunding bonds.

    ## Water Code - 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [12879.7 - 12879.17] ( Article 3 added by Stats. 1988, Ch. 46, Sec. 1. ) ## 12879.15. Any bonds issued and sold pursuant to this chapter may be refunded by the issuance of refunding bonds in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 2 of Title 2 of the Government Code. Approval by the electors of the state for the issuance of these bonds shall include the approval of any bonds issued to refund any bonds originally issued or previously issued refunding bonds. (Added by Stats. 1988, Ch. 46, Sec. 1. Approved in Proposition 82 at the November 8, 1988, election.)
  80. 12879.16.

    ## Water Code - 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [12879.7 - 12879.17] ( Article 3 added by Stats. 1988, Ch. 46, Sec. 1. )

    Verify source ↗

    The board may ask for a loan from the Pooled Money Investment Account, but the request cannot exceed the amount of unsold bonds authorized for sale. If it gets a loan, the board must sign the documents needed and deposit the money in 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [12879.7 - 12879.17] ( Article 3 added by Stats. 1988, Ch. 46, Sec. 1. ) ## 12879.16. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for the purposes of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds which the committee has by resolution authorized to be sold for the purpose of carrying out this chapter. The board shall execute such documents as are required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 1988, Ch. 46, Sec. 1. Approved in Proposition 82 at the November 8, 1988, election.)
  81. 12879.17.

    ## Water Code - 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [12879.7 - 12879.17] ( Article 3 added by Stats. 1988, Ch. 46, Sec. 1. )

    Verify source ↗

    The Legislature states that bond sale proceeds under this chapter are not treated as tax proceeds, so their disbursement is not subject to Article XIII B limits.

    ## Water Code - 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [12879.7 - 12879.17] ( Article 3 added by Stats. 1988, Ch. 46, Sec. 1. ) ## 12879.17. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 1988, Ch. 46, Sec. 1. Approved in Proposition 82 at the November 8, 1988, election.)
  82. 12879.2.

    ## 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 1. General Provisions [12879 - 12879.2] ( Article 1 added by Stats. 1988, Ch. 46, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter, including committee, department, fund, local agency, eligible project, groundwater recharge facilities, in-lieu recharge, and voluntary cost-effective water conservation programs.

    ## Water Code - 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 1. General Provisions [12879 - 12879.2] ( Article 1 added by Stats. 1988, Ch. 46, Sec. 1. ) ## 12879.2. As used in this chapter, the following terms have the following meanings: (a) “Committee” means the Water Conservation Finance Committee created pursuant to Section 12879.9. (b) “Department” means the Department of Water Resources. (c) “Fund” means the 1988 Water Conservation Fund created pursuant to Section 12879.3. (d) “Local agency” means any city, county, city and county, district, joint powers authority, or other political subdivision of the state involved in water management. (e) “Eligible project” means any dam, reservoir, or other construction or improvement by a local agency for the diversion, storage, or primary distribution of water, or facilities for groundwater extraction, primarily for domestic, municipal, agricultural, industrial, recreation, fish and wildlife enhancement, flood control, or power production purposes. “Eligible project” also means any reservoir, pipeline, or other construction or improvement by a local agency for the storage or distribution of reclaimed water for reuse. (f) (1) “Groundwater recharge facilities” means land and facilities for artificial groundwater recharge through methods that include, but are not limited to, either percolation using basins, pits, ditches, and furrows, modified streambed, flooding, and well injection, or in-lieu recharge. “Groundwater recharge facilities” also means capital outlay expenditures to expand, renovate, or restructure land and facilities already in use for the purpose of groundwater recharge. (2) Groundwater recharge facilities may include either of the following: (A) Instream facilities for regulation of water levels, but not regulation of streamflow by storage to accomplish diversion from the waterway. (B) Conveyance facilities to the recharge site, including devices for flow regulation and measurement of recharge waters. (3) Any part or all of the project facilities, including land under the facilities, may consist of separable features, or an appropriate share of multipurpose features of a larger system, or both. (g) “In-lieu recharge” means accomplishing increased storage of groundwater by providing surface water to a user who relies on groundwater as a primary supply, in order to accomplish groundwater storage through the direct use of that surface water in lieu of pumping groundwater. In-lieu recharge shall be used rather than continuing pumping while artificially recharging with surface waters. However, bond proceeds shall not be used to purchase surface waters for use in lieu of pumping groundwater. (h) “Voluntary cost-effective capital outlay water conservation programs” means those feasible capital outlay measures to improve the efficiency of water use through benefits that exceed their costs. The programs include, but are not limited to, lining or piping of ditches; improvements in water distribution system controls such as automated canal control, construction of small reservoirs within distribution systems that conserve water that already has been captured for reuse, and related physical improvements; tailwater pumpback recovery systems to reduce leakage; and capital changes in on-farm irrigation systems that improve irrigation efficiency, such as sprinkler or subsurface drip systems. In each case, the department shall determine that there is a net savings of water as a result of each proposed project and that the project is cost-effective. (Amended by Stats. 2006, Ch. 538, Sec. 673. Effective January 1, 2007. Note: This section, as proposed to be added by Stats. 1988, Ch. 46, was amended by Stats. 1988, Ch. 297, and approved (in amended form) in Prop. 82 on Nov. 8, 1988.)
  83. 12879.3.

    ## 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 2. Water Conservation Program [12879.3 - 12879.6] ( Article 2 added by Stats. 1988, Ch. 46, Sec. 1. )

    Verify source ↗

    Bond proceeds must be deposited into the 1988 Water Conservation Fund, and the department may adjust or create accounts in that fund and other bond funds it administers.

    ## Water Code - 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 2. Water Conservation Program [12879.3 - 12879.6] ( Article 2 added by Stats. 1988, Ch. 46, Sec. 1. ) ## 12879.3. (a) The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the 1988 Water Conservation Fund, which is hereby created. A Local Water Projects Assistance Account shall be established in the fund for the purpose of implementing Section 12879.5, and a Water Conservation and Groundwater Recharge Account shall be established in the fund for the purposes of implementing Section 12879.6. (b) From time to time, the department may modify existing accounts in the fund, or may establish other accounts in the fund, and in all other bond funds administered by the department, which the department determines are appropriate or necessary for proper administration. (Added by Stats. 1988, Ch. 46, Sec. 1. Approved in Proposition 82 at the November 8, 1988, election.)
  84. 12879.4.

    ## 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 2. Water Conservation Program [12879.3 - 12879.6] ( Article 2 added by Stats. 1988, Ch. 46, Sec. 1. )

    Verify source ↗

    The department may make loans to local agencies and adopt rules to carry out this chapter, but loans and related expenditures are capped and subject to legislative 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 2. Water Conservation Program [12879.3 - 12879.6] ( Article 2 added by Stats. 1988, Ch. 46, Sec. 1. ) ## 12879.4. (a) The department may make loans to local agencies, upon approval of the Legislature by statute, to aid in the construction of eligible projects and to aid in the funding of voluntary, cost-effective capital outlay water conservation programs and groundwater recharge facilities, and may adopt rules and regulations necessary to carry out this chapter. Notwithstanding any provision of law, existing rules and regulations adopted by the department pursuant to Chapter 5 (commencing with Section 12880) and Chapter 6.1 (commencing with Section 13450) that are in effect on the effective date of this chapter may be utilized to carry out this chapter. The department may subsequently revise those rules and regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code as necessary to carry out this chapter. (b) For the purpose of administering this chapter, the total expenditures of the department through the making of any loans may not exceed 5 percent of the total amount of the bonds authorized to be issued under this chapter. The department shall establish a reasonable schedule of administrative fees for loans, which fees shall be paid by the local agency pursuant to subdivision (c) of Section 12879.4 to reimburse the state for the costs of state administration of this chapter. Charges incurred by the Attorney General in protecting the interests of the state in the use and repayment of funds under this chapter shall be paid from the proceeds of bonds authorized to be issued under this chapter. These charges shall not be paid from funds allocated for administrative purposes, but shall be treated as a program expense, not to exceed 1.5 percent of the total amount of the bonds authorized to be issued under this chapter. (c) Any contract entered into pursuant to this section may include such provisions as may be determined by the department, provided that any contract concerning an eligible project shall include, in substance, all of the following provisions: (1) A finding by the department that the local agency has the ability to repay the loan, that the eligible project is economically justified, and that the eligible project is feasible from an engineering and geologic standpoint. (2) An estimate of the reasonable cost and benefit of the eligible project, program, or facility. (3) An agreement by the local agency to proceed expeditiously with, and complete, the eligible project. (4) A provision that there shall be no moratorium or deferment on payments of principal or interest. (5) Local agencies seeking a loan shall demonstrate, to the satisfaction of the department, that an adequate opportunity for public participation regarding the loan has been provided. (6) Any election held with respect to the loan shall include the entire local agency except where the agency proposes to accept the loan on behalf of a specified portion, or portions, of the agency, in which case the election shall be held in that portion or portions of the agency only. (7) Annual principal and interest payments shall commence not later than one year after completion of any project and all loans shall be fully amortized not later than 50 years after project completion. (8) The recipient of a loan shall establish a dedicated source of revenue for repayment of the loan. (9) Any loans made pursuant to this chapter may be for a period of up to 20 years. The interest rate for the loans made for projects to be funded pursuant to Section 12879.5 shall be set at a rate equal to the interest rate paid by the state on the most recent sale of state general obligation bonds, with that rate to be computed according to the true interest cost method. The interest rate for loans made for projects to be funded pursuant to Section 12879.6 shall be set at a rate equal to 50 percent of the interest rate paid by the state on the most recent sale of state general obligation bonds, with that rate to be computed according to the true interest cost method. When the interest rate so determined is not a multiple of one-tenth of 1 percent, the interest rate shall be set at the next higher multiple of one-tenth of 1 percent. The interest rate set for each contract shall be applied throughout the repayment period of the contract. There shall be a level annual repayment of principal and interest on the loans. The amount of the principal shall include the administrative fee described in subdivision (b). (d) All loans made pursuant to this chapter shall be subject to the approval of the Legislature by statute. (e) Applications for loans or financial participation by the state under this chapter shall be made to the department in the form and with the supporting material as may be prescribed by the department. (f) All money repaid to the state pursuant to any contract executed under this chapter, or under Section 13999.11, shall be deposited in the General Fund as reimbursement for payment of principal and interest on bonds authorized to be issued under this chapter or Chapter 15 (commencing with Section 13999) that have been paid from the General Fund. (g) As approved annually by the Legislature in the Budget Act, the department, notwithstanding subdivision (b), may expend money repaid to the state pursuant to any contract executed pursuant to this chapter as necessary for the administration of contracts entered into by the department pursuant to this chapter. However, the expenditures may not in any year exceed 1.5 percent of the amount repaid to the state in that year. Charges incurred by the Attorney General in protecting the state’s interests in the use and repayment of funds pursuant to this chapter may be paid by the department from these funds. However, the charges may not exceed 0.5 percent of the amount repaid to the state in that year. Any of the foregoing sums approved by the Legislature in the Budget Act but unencumbered at the end of any year shall automatically revert to the General Fund. (Amended (as proposed to be added by Stats. 1988, Ch. 46) by Stats. 1988, Ch. 297, Sec. 2. Approved (in amended form) in Proposition 82 at the November 8, 1988, election.)
  85. 12879.5.

    ## 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 2. Water Conservation Program [12879.3 - 12879.6] ( Article 2 added by Stats. 1988, Ch. 46, Sec. 1. )

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    This section allocates $20 million to a local water projects account, authorizes and limits certain loans, and directs the department and California Water Commission to prioritize and consider projects under specified criteria.

    ## Water Code - 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 2. Water Conservation Program [12879.3 - 12879.6] ( Article 2 added by Stats. 1988, Ch. 46, Sec. 1. ) ## 12879.5. (a) The sum of twenty million dollars ($20,000,000) of the money in the fund shall be deposited in the Local Water Projects Assistance Account and shall be available for loans to local agencies to aid in the construction of eligible projects. (b) No eligible project may receive more than five million dollars ($5,000,000) in loans from the department. (c) In the administration of this section, the department and the California Water Commission shall give preference to projects involving the development of new basic water supplies which may include the enlargement of existing dams and reservoirs, and for projects that will remedy existing water supply problems. The department and the California Water Commission shall set priority for loans pursuant to this section on the basis of the cost-effectiveness of the proposed project, with the most cost-effective projects receiving highest priority. (d) If the water supply function of a dam and reservoir facility is operationally limited or eliminated for dam safety purposes, pursuant to Part 1 (commencing with Section 6000) of Division 3, the department and the California Water Commission may give consideration to projects which would rehabilitate the dam and reservoir for water supply purposes. The rehabilitation of facilities may include comparable replacement facilities. (e) The department shall not make loans pursuant to this section for otherwise eligible projects whose benefits are more than 50 percent derived from hydroelectric generation, as determined by the department. (f) The department may make loans to local agencies, at the interest rates authorized pursuant to this chapter and pursuant to any terms and conditions as may be determined necessary by the department, for the purposes of financing feasibility studies of projects potentially eligible for funding pursuant to this section. No single potential project shall be eligible to receive more than five hundred thousand dollars ($500,000), and not more than 10 percent of the total amount of bonds authorized to be expended for purposes of this section may be expended for those purposes. (Amended by Stats. 2001, Ch. 745, Sec. 230.9. Effective October 12, 2001. Note: This section, as proposed to be added by Stats. 1988, Ch. 46, was amended by Stats. 1988, Ch. 297, and approved (in amended form) in Prop. 82 on Nov. 8, 1988.)
  86. 12879.6.

    ## 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 2. Water Conservation Program [12879.3 - 12879.6] ( Article 2 added by Stats. 1988, Ch. 46, Sec. 1. )

    Verify source ↗

    This section sets aside $40 million in a water conservation account, lets the department make loans to local agencies, and limits loan amounts for eligible projects and feasibility studies.

    ## Water Code - 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 2. Water Conservation Program [12879.3 - 12879.6] ( Article 2 added by Stats. 1988, Ch. 46, Sec. 1. ) ## 12879.6. (a) The sum of forty million dollars ($40,000,000) of the money in the fund shall be deposited in the Water Conservation and Groundwater Recharge Account and shall be available for appropriation by the Legislature for loans to local agencies to aid in the acquisition and construction of voluntary, cost-effective capital outlay water conservation programs and groundwater recharge facilities. (b) No eligible project may receive more than five million dollars ($5,000,000) in loans from the department. (c) The department shall set priority for loans under this section for voluntary, cost-effective capital outlay water conservation programs on the basis of the cost effectiveness of the proposed project, with the most cost-effective projects receiving the highest priority. (d) The department shall set priority for loans under this section for groundwater recharge facilities for projects in overdrafted groundwater basins and those projects in critical need, for projects whose feasibility studies show the greatest economic justification and the greatest engineering and hydrogeologic feasibility, as determined by the department, and for projects located in areas which have existing water management programs. (e) The department may make loans to local agencies, at the interest rates authorized pursuant to this chapter and under any terms and conditions as may be determined necessary by the department, for the purposes of financing feasibility studies of projects potentially eligible for funding pursuant to this section. No single potential project shall be eligible to receive more than one hundred thousand dollars ($100,000), and not more than 3 percent of the total amount of bonds authorized to be expended for the purposes of this section may be expended for these purposes. (Amended (as proposed to be added by Stats. 1988, Ch. 46) by Stats. 1988, Ch. 297, Sec. 4. Approved (in amended form) in Proposition 82 at the November 8, 1988, election.)
  87. 12879.7.

    ## 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [12879.7 - 12879.17] ( Article 3 added by Stats. 1988, Ch. 46, Sec. 1. )

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    The section authorizes issuance and sale of up to $54,765,000 in bonds, excluding refunding bonds under Section 12879.15, to fund chapter purposes and reimburse a state revolving 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [12879.7 - 12879.17] ( Article 3 added by Stats. 1988, Ch. 46, Sec. 1. ) ## 12879.7. Bonds in the total amount of fifty-four million seven hundred sixty-five thousand dollars ($54,765,000), exclusive of refunding bonds issued pursuant to Section 12879.15, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. All bonds herein authorized, which have been duly sold and delivered as herein provided, shall constitute valid and legally binding general obligations of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal and interest thereof. (Amended by Stats. 2020, Ch. 18, Sec. 8. (AB 92) Effective June 29, 2020. Note: Approved in Proposition 82 at the November 8, 1988, election.)
  88. 12879.8.

    ## 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [12879.7 - 12879.17] ( Article 3 added by Stats. 1988, Ch. 46, Sec. 1. )

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    Bonds authorized by this chapter must be handled under the State General Obligation Bond Law, and that law’s provisions are incorporated into 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [12879.7 - 12879.17] ( Article 3 added by Stats. 1988, Ch. 46, Sec. 1. ) ## 12879.8. The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter. (Added by Stats. 1988, Ch. 46, Sec. 1. Approved in Proposition 82 at the November 8, 1988, election.)
  89. 12879.9.

    ## 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [12879.7 - 12879.17] ( Article 3 added by Stats. 1988, Ch. 46, Sec. 1. )

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    This section creates the Water Conservation Finance Committee to help authorize bond issuance and sale, and designates the Department of Water Resources as the “board” for the State General Obligation Bond 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 4.7. Water Conservation Bond Law of 1988 [12879 - 12879.17] ( Chapter 4.7 added by Stats. 1988, Ch. 46, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [12879.7 - 12879.17] ( Article 3 added by Stats. 1988, Ch. 46, Sec. 1. ) ## 12879.9. (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this chapter, the Water Conservation Finance Committee is hereby created. For purposes of this chapter, the Water Conservation Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. The committee consists of the Governor, the Controller, the Treasurer, the Director of Finance, the Director of Water Resources, and the Chairperson of the California Water Commission, or their designated representatives. A majority of the committee may act for the committee. (b) For purposes of the State General Obligation Bond Law, the Department of Water Resources is designated the “board.” (Added by Stats. 1988, Ch. 46, Sec. 1. Approved in Proposition 82 at the November 8, 1988, election.)
  90. 12880.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 1. Short Title [12880- 12880.] ( Article 1 added by Stats. 1967, Ch. 27. )

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    This chapter may be cited as the Davis-Grunsky 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 1. Short Title [12880- 12880.] ( Article 1 added by Stats. 1967, Ch. 27. ) ## 12880. This chapter shall be known and may be cited as the Davis-Grunsky Act. (Repealed and added by Stats. 1967, Ch. 27.)
  91. 12881.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 2. General Provisions [12881 - 12881.4] ( Article 2 added by Stats. 1967, Ch. 27. )

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    The provision states California’s policy to provide financial assistance to public agencies for certain water projects and feasibility 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 2. General Provisions [12881 - 12881.4] ( Article 2 added by Stats. 1967, Ch. 27. ) ## 12881. In furtherance of the development, control and conservation of the water resources of the state and the State Water Resources Development System it is the policy of the state to provide financial assistance to public agencies for the construction of water projects to meet local requirements in which there is a statewide interest by making grants or loans, or both, and by participating in the construction and operation of water projects, and also to provide financial assistance to public agencies for the preparation of certain feasibility reports on such water projects by making loans, in accordance with this chapter. (Added by Stats. 1967, Ch. 27.)
  92. 12881.2.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 2. General Provisions [12881 - 12881.4] ( Article 2 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    This section defines “project,” “public agency,” and “feasibility report” for 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 2. General Provisions [12881 - 12881.4] ( Article 2 added by Stats. 1967, Ch. 27. ) ## 12881.2. As used in this chapter: (a) “Project” means any dam, reservoir, or other construction or improvement by a public agency for the diversion, storage, or distribution of water primarily for domestic, municipal, agricultural, industrial, recreation, fish and wildlife enhancement, flood control, or power production purposes. (b) “Public agency” means any city, county, district or other political subdivision of the state. (c) “Feasibility report” means such report on the feasibility of a public agency’s proposed project as the department may require the public agency to file with the department in support of an application by the public agency under this chapter for a loan for the construction of the proposed project. (Amended by Stats. 1967, Ch. 301.)
  93. 12881.4.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 2. General Provisions [12881 - 12881.4] ( Article 2 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    The department and the commission must prefer projects that develop new basic water supplies, and may also prefer certain dam and reservoir repair, alteration, or replacement projects tied to dam safety storage restrictions.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 2. General Provisions [12881 - 12881.4] ( Article 2 added by Stats. 1967, Ch. 27. ) ## 12881.4. In the administration of this chapter, the department and the commission shall give preference to projects involving the development of new basic water supplies. The department and the commission may also give preference to projects involving the repair, alteration, or replacement of dam and reservoir facilities which are subject to storage restrictions for dam safety purposes pursuant to Part 1 (commencing with Section 6000) of Division 3. (Amended by Stats. 1987, Ch. 650, Sec. 1.)
  94. 12882.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 3. Procedure [12882 - 12882.5] ( Article 3 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    Applications for loans, grants, or state financial participation under this chapter must be filed with the department in the form and with the supporting material the department prescribes.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 3. Procedure [12882 - 12882.5] ( Article 3 added by Stats. 1967, Ch. 27. ) ## 12882. Applications for loans or grants or financial participation by the state under this chapter shall be made to the department in such form and with such supporting material as may be prescribed by the department. Supporting material with respect to the ability of a public agency to repay the loan and to the reasonable ability to finance the proposed project from other sources may be supplied by the county assessor. (Amended by Stats. 1967, Ch. 359.)
  95. 12882.2.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 3. Procedure [12882 - 12882.5] ( Article 3 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    A public agency’s governing body must submit a loan application to the department and include supporting reports and information.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 3. Procedure [12882 - 12882.5] ( Article 3 added by Stats. 1967, Ch. 27. ) ## 12882.2. Applications for loans for irrigation distribution system projects or municipal distribution system projects which involve extreme hardship which jeopardizes the public health, safety or welfare shall be made in the following manner: The governing body of the public agency shall submit an application to the department describing, generally, such extreme hardship existing with respect to the water supply, the financial and economic conditions existing in the area, and the proposed project. The statements by the governing body shall be based upon, and the application shall be accompanied by: (a) A report by the assessor of the local agency with respect to assessed valuations and tax delinquencies. (b) A report by the engineer of the local agency (or if it has none, by the county surveyor or road commissioner) describing the project and estimating its cost, in general terms. (c) In cases involving a health hazard with respect to the domestic water supply, a report by the local health officer or by the Department of Public Health with respect to such health hazard. (d) Such other information as the department may require from the agency. (Added by Stats. 1967, Ch. 27.)
  96. 12882.3.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 3. Procedure [12882 - 12882.5] ( Article 3 added by Stats. 1967, Ch. 27. )

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    An application for a reservoir site loan must include evidence that the site is zoned as a reservoir site and geologic data showing the site is suitable for reservoir 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 3. Procedure [12882 - 12882.5] ( Article 3 added by Stats. 1967, Ch. 27. ) ## 12882.3. An application for a reservoir site loan pursuant to Section 12885.2 shall include: (a) Evidence that the proposed site is zoned as a reservoir site. (b) Geologic data as to the suitability of the site for reservoir construction. (Added by Stats. 1967, Ch. 301.)
  97. 12882.4.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 3. Procedure [12882 - 12882.5] ( Article 3 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    The department must send a copy of each application to the Department of Parks and Recreation and the Department of Fish and Game, except for applications for loans to prepare proposed feasibility 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 3. Procedure [12882 - 12882.5] ( Article 3 added by Stats. 1967, Ch. 27. ) ## 12882.4. A copy of each application, except applications for loans for the preparation of proposed feasibility reports, shall be transmitted by the department to the Department of Parks and Recreation and to the Department of Fish and Game. (Amended by Stats. 1992, Ch. 711, Sec. 129. Effective September 15, 1992.)
  98. 12882.5.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 3. Procedure [12882 - 12882.5] ( Article 3 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    The required report must include a statement of the project’s onshore facilities and any other local facilities the department requires as a condition of the grant or loan.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 3. Procedure [12882 - 12882.5] ( Article 3 added by Stats. 1967, Ch. 27. ) ## 12882.5. The report required by Section 12882.4 shall include a statement of the project’s onshore facilities and any other local facilities to be required by the department as a condition of the grant or loan. (Added by Stats. 1967, Ch. 359.)
  99. 12883.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 4. Qualifications Generally [12883 - 12883.4] ( Article 4 added by Stats. 1967, Ch. 27. )

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    A proposed project may receive assistance only if it substantially conforms to the California Water Plan and meets feasibility, economic justification, and repayment-assurance conditions.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 4. Qualifications Generally [12883 - 12883.4] ( Article 4 added by Stats. 1967, Ch. 27. ) ## 12883. A proposed project may be approved for assistance only if it is determined that the project substantially conforms to the California Water Plan, is engineeringly feasible, economically justified, and, if a loan is proposed, that there is reasonable assurance, commensurate with the need for the proposed project, that the public agency can repay it. The potential future growth and development of the area shall be taken into consideration in the calculation of the benefits for the determination of the economic justification of a proposed project. Such factors as the public health, safety, and welfare shall be taken into consideration in determining the need for a proposed project. (Repealed and added by Stats. 1967, Ch. 27.)
  100. 12883.2.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 4. Qualifications Generally [12883 - 12883.4] ( Article 4 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    For certain grants, the department may limit the economic-justification review to the recreation and fish and wildlife enhancement parts of 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 4. Qualifications Generally [12883 - 12883.4] ( Article 4 added by Stats. 1967, Ch. 27. ) ## 12883.2. In the case of a grant for recreation or fish and wildlife enhancement, or both, the determination of economic justification of the proposed project may, in the department’s discretion, be limited to a determination of the economic justification of the recreation and fish and wildlife enhancement functions of the project. (Added by Stats. 1967, Ch. 27.)
  101. 12883.4.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 4. Qualifications Generally [12883 - 12883.4] ( Article 4 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    A loan for a proposed feasibility report may be approved only if repayment seems reasonably assured and the agency gets a favorable written reply from the department.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 4. Qualifications Generally [12883 - 12883.4] ( Article 4 added by Stats. 1967, Ch. 27. ) ## 12883.4. A loan for the preparation of a proposed feasibility report on a proposed project may be approved only if it is determined that there is reasonable assurance that the public agency can repay the loan and only if the agency receives a favorable written reply from the department on a written request for a preliminary determination of eligibility for a loan for the construction of the proposed project filed with the department by the agency under the regulations of the department promulgated pursuant to this chapter. (Added by Stats. 1967, Ch. 27.)
  102. 12884.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 5. Grants [12884 - 12884.2] ( Article 5 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    The department may make state grants to public agencies, and grants over $400,000 for one project need specific legislative approval and any additional legislative conditions.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 5. Grants [12884 - 12884.2] ( Article 5 added by Stats. 1967, Ch. 27. ) ## 12884. The department is authorized to make state grants to public agencies from moneys available for such purpose. Grants in excess of four hundred thousand dollars ($400,000) for any one project for the purposes authorized by subdivisions (a) and (b) of Section 12884.2 may be made by the department only upon specific approval of the Legislature, by an act enacted after the receipt of copies of the project report filed pursuant to Section 12882.4 and upon such additional terms and conditions as the Legislature may prescribe. (Amended by Stats. 1967, Ch. 359.)
  103. 12884.2.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 5. Grants [12884 - 12884.2] ( Article 5 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    This section allows grants for certain water development projects and limits how much of project costs may be covered for fish, wildlife, recreation, and related facilities.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 5. Grants [12884 - 12884.2] ( Article 5 added by Stats. 1967, Ch. 27. ) ## 12884.2. Grants in furtherance of a project that involves the development of a new water supply or a project that involves the repair, alteration, or replacement of dam and reservoir facilities which are subject to storage restrictions for dam safety purposes pursuant to Part 1 (commencing with Section 6000) of Division 3 may be made for the following purposes: (a) For the part of the construction cost of the proposed project properly allocated to the enhancement of fish and wildlife, except, that a grant for that part shall not exceed 50 percent of the construction cost. In allocating the costs of repair, alteration, or replacement of a dam to fish and wildlife enhancement, the department may consider existing fish and wildlife resources to the extent that they would be reduced or eliminated by a storage restriction for dam safety purposes pursuant to Part 1 (commencing with Section 6000) of Division 3. (b) For the part of the construction cost of any dam and reservoir of the proposed project properly allocated to recreational functions of statewide interest, except that a grant for that part shall not exceed 50 percent of the construction cost, and provided further, that the total grant under subdivisions (a) and (b) for any one project shall not exceed 75 percent of the construction cost of the project. In allocating the costs of repair, alteration, or replacement of a dam, to recreational functions of statewide interest, the department may consider existing recreation, to the extent that it would be reduced or eliminated by a storage restriction for dam safety purposes pursuant to Part 1 (commencing with Section 6000) of Division 3. Those construction costs may include expenditures for lands located above the high waterline of reservoirs which are necessary or desirable for public recreation in connection with the reservoir. (c) For the construction of initial water supply and sanitary facilities which are needed for public recreational use of each proposed dam and reservoir of the proposed project which will develop a new water supply. A grant for the purpose specified in this subdivision shall not be subject to the limitation contained in Section 12884 on grants for the purposes specified in subdivisions (a) and (b) and shall not be included in computing the total amount which may be granted to a public agency in connection with a project for those purposes. A grant for the purpose specified in this subdivision shall not exceed one-fourth of the total amount granted to a public agency in connection with a project for the purposes specified in subdivision (a) or (b), or both. (Amended by Stats. 1987, Ch. 650, Sec. 2.)
  104. 12885.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 6. Loans [12885 - 12885.9] ( Article 6 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    The department may make state loans to public agencies for project construction. Loans over $4,000,000 for one project need specific legislative approval after copies of the project report are received, and the Legislature may add terms and conditions.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 6. Loans [12885 - 12885.9] ( Article 6 added by Stats. 1967, Ch. 27. ) ## 12885. The department is authorized to make state loans to public agencies for the construction of projects from moneys available for such loans. Loans in excess of four million dollars ($4,000,000) for any one project may be made by the department only upon specific approval of the Legislature, by an act enacted after the receipt of copies of the project report filed pursuant to Section 12882. 4 and upon such additional terms and conditions as the Legislature may prescribe. (Amended by Stats. 1967, Ch. 359.)
  105. 12885.1.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 6. Loans [12885 - 12885.9] ( Article 6 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    The department may make loans only for qualifying public projects, and the loans must stay within specified limits on amount and repayment time.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 6. Loans [12885 - 12885.9] ( Article 6 added by Stats. 1967, Ch. 27. ) ## 12885.1. Loans may be made only for projects primarily for domestic, municipal, agricultural, industrial, recreation, or fish and wildlife enhancement purposes. Such loans may be made for all or any part of the construction cost of any such project but in no event shall any such loan be in an amount which is greater than the portion of the construction cost of the project which the department finds to be beyond the reasonable ability of the public agency to finance from other sources. Such loans shall be repayable over a period not to exceed 50 years. A period of development of not exceeding 10 years may be allowed in addition to such maximum 50-year repayment period, during which no payments on the principal of or the interest on such a loan shall be required, when in the department’s judgment such development period is justified under the circumstances. If the payment of interest is deferred pursuant to this section, no interest shall be charged on the interest amounts for which payment is deferred. The accrued interest may, at the option of the public agency, be paid in annual installments during the remainder of the loan repayment period. (Added by renumbering Section 12885.2 by Stats. 1967, Ch. 179.)
  106. 12885.2.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 6. Loans [12885 - 12885.9] ( Article 6 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    The department may make state loans to public agencies for land interests needed for proposed water projects, subject to stated limits and conditions.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 6. Loans [12885 - 12885.9] ( Article 6 added by Stats. 1967, Ch. 27. ) ## 12885.2. The department is authorized to make state loans to public agencies for the acquisition of interests in lands that are necessary for the construction, operation, or maintenance of proposed projects that would meet water needs of the public agencies. Such loans may be made separate and apart from loans that may be made under this chapter for the construction of proposed projects by public agencies. The making of each loan pursuant to this section shall be subject to the following conditions: (a) The loan may be made for all or any part of the cost of acquiring interests in lands for a proposed project but in no event shall any such loan be in an amount which is greater than the portion of such cost which the department finds to be beyond the reasonable ability of the public agency to finance from other sources. (b) The loan shall not exceed four hundred thousand dollars ($400,000) for any one project. A loan in excess of that amount for any one project may be made by the department only upon specific approval of the Legislature, by act enacted after the receipt of copies of the project report filed pursuant to Section 12882.4 and upon such additional terms and conditions as the Legislature may prescribe. (c) Each loan is subject to the provisions of Article 9 (commencing with Section 12889) of this chapter. (Added by Stats. 1967, Ch. 301.)
  107. 12885.3.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 6. Loans [12885 - 12885.9] ( Article 6 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    Loan contracts must require sale of land interests and application of sale proceeds to repay the loan if project construction has not started within 10 years (or any extension allowed).

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 6. Loans [12885 - 12885.9] ( Article 6 added by Stats. 1967, Ch. 27. ) ## 12885.3. Each loan that is made pursuant to Section 12885.2 shall be repayable with interest upon the same terms as are applicable to construction loans that are made pursuant to this chapter, as set forth in Sections 12885.1 and 12885.8, except that each contract which the department enters into for a loan under this article shall provide for the sale of the interests in lands that are acquired with the loan if, in the department’s determination, the construction of the proposed project has not commenced within a period of 10 years from the date of the first disbursement of loan funds under the contract or within any extension of said period that the department may allow shall provide that, under that eventuality, such interests in lands shall be offered for sale within six months from the termination of such 10-year period or of any extension thereof, and shall provide that the proceeds of the sale shall be applied toward the repayment of the principal amount of the loan and toward the payment of the accrued interest thereon. Any remaining proceeds, after deducting administrative costs of the public agency in the purchase and sale of the interests in lands shall be repaid to the state. (Amended by Stats. 1968, Ch. 580.)
  108. 12885.4.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 6. Loans [12885 - 12885.9] ( Article 6 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    Land bought with a chapter loan stays taxable if it is outside the acquiring public agency’s boundaries and was taxable when acquired.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 6. Loans [12885 - 12885.9] ( Article 6 added by Stats. 1967, Ch. 27. ) ## 12885.4. Notwithstanding any provision of law to the contrary, any land acquired with a loan made pursuant to this chapter, which land is located outside the boundaries of the public agency acquiring the land and which was subject to taxation at the time of acquisition thereof, shall remain subject to taxation. (Added by Stats. 1967, Ch. 301.)
  109. 12885.5.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 6. Loans [12885 - 12885.9] ( Article 6 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    State loans cannot be made for irrigation or municipal distribution system projects except in cases of extreme hardship that threaten public health, safety, or welfare.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 6. Loans [12885 - 12885.9] ( Article 6 added by Stats. 1967, Ch. 27. ) ## 12885.5. In furtherance of the policy set forth in Section 12881.4, no funds shall be loaned for either irrigation distribution system projects or municipal distribution system projects, except in cases which, in the judgment of the department and the commission, involve extreme hardship which jeopardizes the public health, safety or welfare. Distribution facilities which are a necessary and integral part of an overall water development project may be covered by a state loan. (Added by renumbering Section 12885.3 by Stats. 1967, Ch. 301.)
  110. 12885.6.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 6. Loans [12885 - 12885.9] ( Article 6 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    The department may make state loans to public agencies for feasibility reports on proposed projects, subject to a cap and a one-loan limit per 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 6. Loans [12885 - 12885.9] ( Article 6 added by Stats. 1967, Ch. 27. ) ## 12885.6. The department is authorized to make state loans to public agencies for the preparation of feasibility reports on proposed projects, from any moneys available for such loans, in an amount for any one feasibility report on a proposed project not exceeding 2 percent of the estimated cost of the proposed project or fifty thousand dollars ($50,000), whichever is less; provided, that only one such loan may be made to a public agency in relation to any one proposed project. A loan in excess of said amount for any one feasibility report may be made by the department only upon authorization by the Legislature and upon such additional terms and conditions as the Legislature may prescribe. (Amended by Stats. 1967, Ch. 359.)
  111. 12885.7.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 6. Loans [12885 - 12885.9] ( Article 6 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    The department may make loans for feasibility report preparation costs, but the loan amount cannot exceed the portion the public agency cannot reasonably finance from other sources, and the loan must be repaid within 10 years.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 6. Loans [12885 - 12885.9] ( Article 6 added by Stats. 1967, Ch. 27. ) ## 12885.7. Loans may be made for all or any part of the cost of the preparation of proposed feasibility reports on proposed projects, but in no event shall any such loan be in an amount which is greater than the portion of the cost of the preparation of the proposed feasibility report which the department finds to be beyond the reasonable ability of the public agency to finance from other sources. Such loans shall be repayable over a period not to exceed 10 years. (Repealed and added by Stats. 1967, Ch. 27.)
  112. 12885.8.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 6. Loans [12885 - 12885.9] ( Article 6 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    The department must require interest on each covered loan at 2.5% per year.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 6. Loans [12885 - 12885.9] ( Article 6 added by Stats. 1967, Ch. 27. ) ## 12885.8. The department shall require the payment of interest on each loan that is made pursuant to this chapter after the effective date of the 1967 act amending this section, at a rate of 21/2 percent per annum. (Amended by Stats. 1967, Ch. 179.)
  113. 12885.9.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 6. Loans [12885 - 12885.9] ( Article 6 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    The department may make limited loans to public agencies for drought-related emergency water facilities, and public agencies may also borrow and spend funds for water shortage emergencies under the section.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 6. Loans [12885 - 12885.9] ( Article 6 added by Stats. 1967, Ch. 27. ) ## 12885.9. The department, without the prior approval of the California Water Commission, is authorized during the calendar years 1976, 1977, and 1978 to make loans in amounts not to exceed two hundred thousand dollars ($200,000) to public agencies to provide emergency facilities needed to maintain water supplies in order to relieve drought situations. Such loans shall be repayable over a period of not to exceed 10 years and shall be repayable with interest at the rate specified in Section 12885.8. Loans may be made pursuant to this section only if no other funds are reasonably available for meeting the emergency and all other sources of emergency funding have been exhausted. Such loans may be made only to public agencies having the financial ability to repay and serving an area with a population of 200,000 or less. The Legislature finds that public agencies serving areas with a population of over 200,000 are able financially to relieve drought situations without assistance from the state. Notwithstanding any statutory limitations on its existing powers and except as restricted by the California Constitution, any public agency is authorized, without an election, to borrow and expend funds pursuant to this section to relieve water shortage emergencies within its boundaries. (Amended by Stats. 1977, Ch. 86.)
  114. 12886.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 7. State Participation in Projects [12886 - 12886.6] ( Article 7 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    The state may help with a larger water project and must pay the costs allocated to it on agreed terms.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 7. State Participation in Projects [12886 - 12886.6] ( Article 7 added by Stats. 1967, Ch. 27. ) ## 12886. If in order to accomplish the objectives of this chapter it is necessary to construct a project that is larger than one which a public agency proposes to construct, the state may participate in planning, designing, constructing, operating and maintaining the project, and in so participating shall finance those costs of the project allocated to the state, on terms agreed upon with the agency, to the end that the project shall accomplish the maximum water development objectives at a minimum total expenditure. (Repealed and added by Stats. 1967, Ch. 27.)
  115. 12886.2.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 7. State Participation in Projects [12886 - 12886.6] ( Article 7 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    The department may carry out all or part of a project’s planning, design, construction, operation, or maintenance if it is participating in the project under this article and the terms are agreed with the 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 7. State Participation in Projects [12886 - 12886.6] ( Article 7 added by Stats. 1967, Ch. 27. ) ## 12886.2. In participating in a project under this article, the department may perform all or part of the planning, designing, construction, operation or maintenance of the project on terms agreed upon with the agency. (Added by Stats. 1967, Ch. 27.)
  116. 12886.4.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 7. State Participation in Projects [12886 - 12886.6] ( Article 7 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    The department may participate in certain state water projects after a public agency applies, with approval from the California Water Commission, and may spend up to $1,000,000 per project unless the Legislature specifically authorizes more.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 7. State Participation in Projects [12886 - 12886.6] ( Article 7 added by Stats. 1967, Ch. 27. ) ## 12886.4. The department is authorized, following receipt of an application for state participation from a public agency, to participate under this article on behalf of the state in any project that is larger than the one which the public agency proposes to construct and that is primarily for domestic, municipal, agricultural, industrial, recreational or fish and wildlife enhancement purposes and in so participating shall finance those costs of such project that are allocated to the state, on terms agreed upon with the public agency, subject to the prior approval of the California Water Commission, and to expend for participation in the planning, designing, and construction of any one project an amount not exceeding one million dollars ($1,000,000) from moneys available for such participation, including but not limited to, the moneys appropriated by the California Water Resources Development Bond Act (Chapter 8 (commencing with Section 12930) of Part 6 of Division 6 of this code) for provision for water development facilities for local areas as provided in this Chapter 5. Expenditures by the department in excess of one million dollars ($1,000,000) for the planning, designing, and construction of any one project may be made only upon specific authorization of the Legislature. (Added by Stats. 1967, Ch. 27.)
  117. 12886.6.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 7. State Participation in Projects [12886 - 12886.6] ( Article 7 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    The department may make loans and grants to public agencies for projects it participates in under 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 7. State Participation in Projects [12886 - 12886.6] ( Article 7 added by Stats. 1967, Ch. 27. ) ## 12886.6. The department is authorized to make loans and grants to public agencies pursuant to the provisions of this chapter for projects in which the department participates under this article. (Added by Stats. 1967, Ch. 27.)
  118. 12887.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 8. Powers of Public Agencies [12887 - 12888] ( Article 8 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    Public agencies that are legally empowered to build and operate a project are granted the powers listed in this article.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 8. Powers of Public Agencies [12887 - 12888] ( Article 8 added by Stats. 1967, Ch. 27. ) ## 12887. Notwithstanding any provision of law to the contrary, every public agency empowered by law to construct and operate a project, as defined in Section 12881.2, is hereby granted, in addition to and not in derogation or limitation of the powers conferred upon the public agency by any other law, the powers specified in this article. (Repealed and added by Stats. 1967, Ch. 27.)
  119. 12887.1.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 8. Powers of Public Agencies [12887 - 12888] ( Article 8 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    A public agency may borrow money from the state and repay it with interest, subject to 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 8. Powers of Public Agencies [12887 - 12888] ( Article 8 added by Stats. 1967, Ch. 27. ) ## 12887.1. A public agency may borrow money from and repay the same with interest to the state in accordance with this chapter on behalf of the entire public agency or of any portion or portions thereof for which the law applicable to the agency authorizes an indebtedness or liability to be incurred, including any improvement district, distribution district, or zone within the public agency, notwithstanding any debt limitation or other provision in the law applicable to such agency which might otherwise preclude or limit such borrowing. (Amended by Stats. 1969, Ch. 68.)
  120. 12887.2.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 8. Powers of Public Agencies [12887 - 12888] ( Article 8 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    A public agency may contract with the department to get a loan or grant, or state participation, for a local 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 8. Powers of Public Agencies [12887 - 12888] ( Article 8 added by Stats. 1967, Ch. 27. ) ## 12887.2. A public agency may enter into a contract with the department, on behalf of the entire public agency, or of any portion or portions thereof referred to in Section 12887.1, for a loan or grant under this chapter or for participation by the state in a local project under Article 7 (commencing with Section 12886) of this chapter and to use the loan or grant contracted for as an additional or alternative means of financing the project proposed by the public agency. (Added by Stats. 1967, Ch. 27.)
  121. 12887.3.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 8. Powers of Public Agencies [12887 - 12888] ( Article 8 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    A public agency may comply with contracts entered into with the department under this chapter, including terms that require it to meet its commitments even if some constituents or others default on 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 8. Powers of Public Agencies [12887 - 12888] ( Article 8 added by Stats. 1967, Ch. 27. ) ## 12887.3. A public agency may comply with the provisions of any contract entered into with the department under this chapter, including any provision which obligates the public agency, or any specified portion or portions thereof, to meet all commitments, financial or otherwise, undertaken by the public agency in such contract notwithstanding any individual default by its constituents or others in the payment to the public agency of taxes, assessments, tolls, or other charges levied by the public agency. (Added by Stats. 1967, Ch. 27.)
  122. 12887.4.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 8. Powers of Public Agencies [12887 - 12888] ( Article 8 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    A public agency may add recreation and fish-and-wildlife enhancement functions to a project and may build and run the project for those purposes under a grant contract with the department.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 8. Powers of Public Agencies [12887 - 12888] ( Article 8 added by Stats. 1967, Ch. 27. ) ## 12887.4. A public agency may include recreation and enhancement of fish and wildlife, or either of them, as functions of a project which the public agency is empowered by law to construct and operate, and may construct and operate the project for such recreation and enhancement of fish and wildlife functions, or either of them, in accordance with the provisions of a grant contract entered into with the department, including provisions for public use of the project facilities for fishing and other recreational activities. (Added by Stats. 1967, Ch. 27.)
  123. 12887.5.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 8. Powers of Public Agencies [12887 - 12888] ( Article 8 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    A public agency may build and run certain recreational and wildlife-related facilities if required for a grant or under a grant contract with the department.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 8. Powers of Public Agencies [12887 - 12888] ( Article 8 added by Stats. 1967, Ch. 27. ) ## 12887.5. A public agency may construct and operate such onshore recreational facilities, fish and wildlife enhancement facilities or other facilities as the department or the Legislature may require in connection with a grant to the public agency under this chapter, and may construct and operate such facilities in accordance with the provisions of a grant contract entered into with the department, including provisions for public use of such facilities for fishing and other recreational activities. (Added by Stats. 1967, Ch. 27.)
  124. 12887.6.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 8. Powers of Public Agencies [12887 - 12888] ( Article 8 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    A public agency may levy an ad valorem tax or assessment to fund contract commitments under this chapter, and if no local procedure exists, it must use the Municipal Water District Law of 1911 procedure.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 8. Powers of Public Agencies [12887 - 12888] ( Article 8 added by Stats. 1967, Ch. 27. ) ## 12887.6. A public agency may annually levy or cause to be levied upon all property in the public agency, or in any portion or portions thereof, subject to taxation or assessment by the public agency an ad valorem tax or assessment, based upon the assessed valuation of such property, necessary and sufficient to meet all commitments, financial or otherwise, of the public agency that are set forth in any contract which the agency enters into with the department under this chapter, in addition to any other taxes or assessments which the public agency is authorized to levy or cause to be levied on such property and notwithstanding any provision in the law applicable to such agency which might otherwise preclude or limit such taxing or assessing. Where the law applicable to such public agency does not set forth a procedure for levying and collecting taxes or assessments on an ad valorem basis, such public agency shall utilize the procedure for levying and collecting taxes for the payment of principal and interest on general obligation bonds of municipal water districts, set forth in the Municipal Water District Law of 1911 (Division 20 (commencing with Section 71000) of this code), as it may now or hereafter be amended, for the purpose of levying and collecting taxes or assessments necessary and sufficient to meet commitments in a contract entered into under this chapter. (Amended by Stats. 1968, Ch. 89.)
  125. 12887.7.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 8. Powers of Public Agencies [12887 - 12888] ( Article 8 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    A public agency may charge for services from a project and may use those revenues to meet its contractual commitments under 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 8. Powers of Public Agencies [12887 - 12888] ( Article 8 added by Stats. 1967, Ch. 27. ) ## 12887.7. A public agency may make charges for the furnishing of services from the project for which the public agency receives financial assistance under this chapter and may pledge and use any or all revenues received from the collection of such charges for the purpose of meeting the commitments, financial or otherwise, of the public agency that are set forth in any contract which the public agency enters into with the department under this chapter. (Added by Stats. 1967, Ch. 27.)
  126. 12887.8.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 8. Powers of Public Agencies [12887 - 12888] ( Article 8 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    A public agency may sue in the county superior court to challenge the validity of a contract made with the department and its authority to enter the 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 8. Powers of Public Agencies [12887 - 12888] ( Article 8 added by Stats. 1967, Ch. 27. ) ## 12887.8. A public agency is hereby granted the power to bring an action in the superior court of the county in which the office of such agency is situated to determine the validity of any contract made with the department under this chapter and the authority of the public agency to enter into the contract. The action shall be had as in the case of the judicial determination of the validity of the public agency’s bonds, as nearly as the same may be applicable, and with like effect. Where the law applicable to such agency does not set forth a procedure for the judicial determination of the validity of the public agency’s bonds, the action shall be had as in the case of the judicial determination of the general obligation bonds of irrigation districts under the Irrigation District Law (Division 11 (commencing with Section 20500) of this code), as it may now or hereafter be amended, as nearly as the same may be applicable, and with like effect. (Added by Stats. 1967, Ch. 27.)
  127. 12887.9.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 8. Powers of Public Agencies [12887 - 12888] ( Article 8 added by Stats. 1967, Ch. 27. )

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    A public agency that is required to have legal counsel for activities under this chapter may use the district attorney or county counsel of the county where it is located.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 8. Powers of Public Agencies [12887 - 12888] ( Article 8 added by Stats. 1967, Ch. 27. ) ## 12887.9. Whenever a public agency is required to have legal counsel in connection with any of its activities pursuant to this chapter, it may use the services of the district attorney or county counsel of the county in which it is located. (Added by Stats. 1967, Ch. 27.)
  128. 12888.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 8. Powers of Public Agencies [12887 - 12888] ( Article 8 added by Stats. 1967, Ch. 27. )

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    A public agency may do whatever is necessary or convenient to carry out the powers given in this article.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 8. Powers of Public Agencies [12887 - 12888] ( Article 8 added by Stats. 1967, Ch. 27. ) ## 12888. A public agency may perform all acts and do all things that are necessary or convenient to carry out the powers specified in this article. (Repealed and added by Stats. 1967, Ch. 27.)
  129. 12889.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 9. Public Agency Election [12889 - 12889.2] ( Article 9 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    A public agency must hold an election before entering into a contract for a construction loan or grant with the department, and the proposal must receive more than 50% of votes cast.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 9. Public Agency Election [12889 - 12889.2] ( Article 9 added by Stats. 1967, Ch. 27. ) ## 12889. Except in the case of a grant to a public agency where the applicable law contains provisions for the election of the members of the governing body of the agency or where a county board of supervisors acts as the governing body of the agency, before a public agency may enter into a contract with the department for a construction loan or a grant under this chapter, the public agency shall hold an election on the proposition of whether or not the public agency shall enter into the proposed contract and more than 50 percent of the votes cast at such election must be in favor of such proposition; provided, that if a higher percentage of favorable votes is required for the issuance of any bonds by the public agency or is required by the Constitution before the public agency may incur an indebtedness, such higher percentage shall apply in lieu of the percentage set forth in this subdivision. (Added by Stats. 1967, Ch. 27.)
  130. 12889.2.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 9. Public Agency Election [12889 - 12889.2] ( Article 9 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    An election for a proposed contract must follow specified procedures, include certain notice and ballot details, and may be limited to part of the public agency in some cases.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 9. Public Agency Election [12889 - 12889.2] ( Article 9 added by Stats. 1967, Ch. 27. ) ## 12889.2. The election shall be held in accordance with the following provisions: (a) The procedure for holding an election on the incurring of bonded indebtedness by the public agency shall be utilized for an election on the proposed contract as nearly as the same may be applicable. Where the law applicable to the public agency does not contain a bond election procedure, the procedure set forth in the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code), as it may now or hereafter be amended, shall be utilized as nearly as the same may be applicable. (b) No particular form of ballot is required. (c) The notice of the election shall include a statement of the time and place of the election, the purpose of the election, the general purpose of the contract, and the maximum amount of money to be borrowed from the state under the contract. (d) The ballots for the election shall contain a brief statement of the general purpose of the contract substantially as stated in the notice of the election and shall state the maximum amount of money to be borrowed from the state under the contract. To the right of or below the statement of the proposition to be voted on, the words “Yes” and “No” shall be printed on separate lines, with voting targets. (e) The election shall be held in the entire public agency except where the public agency proposes to contract with the department on behalf of a specified portion, or of specified portions, of the public agency, in which case the election shall be held in the applicable portion or portions of the public agency only. (Amended by Stats. 2025, Ch. 303, Sec. 36. (AB 1512) Effective January 1, 2026.)
  131. 12890.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 10. Administrative Provisions [12890 - 12893] ( Article 10 added by Stats. 1967, Ch. 27. )

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    The department may make rules and regulations needed to carry out this chapter, so long as they are consistent with 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 10. Administrative Provisions [12890 - 12893] ( Article 10 added by Stats. 1967, Ch. 27. ) ## 12890. The department is authorized to make from time to time such rules and regulations as may be necessary to carry out, and as are consistent with, this chapter. (Repealed and added by Stats. 1967, Ch. 27.)
  132. 12890.2.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 10. Administrative Provisions [12890 - 12893] ( Article 10 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    When the department makes loans or grants under this chapter, it must impose terms and conditions.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 10. Administrative Provisions [12890 - 12893] ( Article 10 added by Stats. 1967, Ch. 27. ) ## 12890.2. In making loans or grants pursuant to this chapter, the department shall impose terms and conditions that are designed to protect the state’s investment and that are necessary to carry out the purposes of this chapter. (Added by Stats. 1967, Ch. 27.)
  133. 12890.4.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 10. Administrative Provisions [12890 - 12893] ( Article 10 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    The department must keep full and complete records and accounts for all transactions under 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 10. Administrative Provisions [12890 - 12893] ( Article 10 added by Stats. 1967, Ch. 27. ) ## 12890.4. The department shall keep full and complete records and accounts concerning all of its transactions under this chapter. (Amended by Stats. 2001, Ch. 745, Sec. 231. Effective October 12, 2001.)
  134. 12891.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 10. Administrative Provisions [12890 - 12893] ( Article 10 added by Stats. 1967, Ch. 27. )

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    The State Controller must issue warrants to public agencies when the department demands it, and the State Treasurer must pay those warrants from available moneys.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 10. Administrative Provisions [12890 - 12893] ( Article 10 added by Stats. 1967, Ch. 27. ) ## 12891. In order to effectuate loans or grants made by the department pursuant to this chapter, the State Controller shall, upon demand of the department, draw warrants made payable to such public agencies and in such amounts as are from time to time designated by the department. The State Treasurer shall pay such warrants from available moneys. (Repealed and added by Stats. 1967, Ch. 27.)
  135. 12891.2.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 10. Administrative Provisions [12890 - 12893] ( Article 10 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    The State Controller must audit certain public agencies and, if money was used improperly or exceeds authorized costs, direct repayment to the State Treasury.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 10. Administrative Provisions [12890 - 12893] ( Article 10 added by Stats. 1967, Ch. 27. ) ## 12891.2. It shall be the duty of the State Controller to make such audit or audits of the books and records of public agencies receiving loans or grants pursuant to this chapter, as he may deem necessary from time to time, for the purposes of determining that the money received by such public agencies as loans or grants hereunder has been expended for the purposes and under the conditions authorized herein. Whenever the State Controller determines that any money paid to such a public agency has been expended by such public agency for purposes not authorized by this chapter, or exceeds the final cost of the project for which a loan or grant was made, or exceeds the final cost of the feasibility report for which a loan was made, the State Controller shall furnish written notice to the department and to the public agency directing the public agency to pay into the State Treasury the amount of such unauthorized expenditures, or the amount in excess of the final authorized cost of the project or the feasibility report. Upon receipt of such notice, such public agency shall, at the time specified therein, pay to the State Treasurer the amount set forth in such notice. Such amount shall, upon order of the State Controller, be deposited in the State Treasury to the credit of the California Water Resources Development Bond Fund to be available for the purposes prescribed in Section 12937 of this code. It shall be the duty of such public agency to make the payments to the State Treasurer as provided in this section, and it shall be the duty of the State Controller to enforce such collection on behalf of the state. (Added by Stats. 1967, Ch. 27.)
  136. 12891.4.

    ## 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 10. Administrative Provisions [12890 - 12893] ( Article 10 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    Loans or grants under this chapter are subject to this chapter and need approval from the California Water Commission.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 10. Administrative Provisions [12890 - 12893] ( Article 10 added by Stats. 1967, Ch. 27. ) ## 12891.4. All loans or grants made pursuant to this chapter shall be subject to the provisions of this chapter and subject to the approval of the California Water Commission. (Added by Stats. 1967, Ch. 359.)
  137. 12892.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 10. Administrative Provisions [12890 - 12893] ( Article 10 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    A California Water Commission member must not take part in approving or considering approval of a loan or grant for a public agency with which the member has certain relationships or in which the member owns real property.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 10. Administrative Provisions [12890 - 12893] ( Article 10 added by Stats. 1967, Ch. 27. ) ## 12892. No member of the California Water Commission shall participate in the action of the commission in considering for approval, or approving, a loan or grant under this chapter to a public agency of which he is an officer, employee, agent, consultant, accountant, engineer, or legal counsel or in which he owns real property. (Added by Stats. 1967, Ch. 27.)
  138. 12893.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 10. Administrative Provisions [12890 - 12893] ( Article 10 added by Stats. 1967, Ch. 27. )

    Verify source ↗

    The department may require certain grant money to be set aside and used only for specified onshore recreation facilities, and the public agency must follow those grant-use conditions.

    ## Water Code - 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 5. State Financial Assistance for Local Projects [12880 - 12893] ( Chapter 5 repealed and added by Stats. 1967, Ch. 27. ) ## ARTICLE 10. Administrative Provisions [12890 - 12893] ( Article 10 added by Stats. 1967, Ch. 27. ) ## 12893. In the case of a grant under subdivision (b) of Section 12884.2 for the part of the construction cost of a dam and reservoir properly allocated to recreational functions of statewide interest and a grant under subdivision (a) of Section 12884.2 for the part of the construction cost of the proposed project properly allocated to the enhancement of fish and wildlife, the department may provide in the grant contract that the public agency shall deposit a portion of the grant into a special account or fund and shall use the money deposited, and its increments, solely for the construction of specified onshore recreation facilities until the construction cost of the facilities is paid. In acting under this section, the department may reserve for the construction of onshore recreation facilities only the portions of such grants which, in the department’s judgment, will not be needed for the payment of the construction cost of the dam and reservoir, in the case of a grant under subdivision (b) of Section 12884.2, or the construction cost of any project facilities other than the onshore recreation facilities, in the case of a grant under subdivision (a) of Section 12884.2. (Added by Stats. 1967, Ch. 359.)
  139. 12894.

    ## Water Code - 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 5.5. Local Agency Bond Payments [12894 - 12894.8] ( Chapter 5.5 added by Stats. 1967, Ch. 1610. )

    Verify source ↗

    The department may, if specifically authorized by law, commit to make a loan to a public agency for certain bond payments, and applications can be approved only if specified feasibility and repayment 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 5.5. Local Agency Bond Payments [12894 - 12894.8] ( Chapter 5.5 added by Stats. 1967, Ch. 1610. ) ## 12894. The department may, when specifically authorized by law to do so, enter into a commitment, without regard to fiscal years, with any public agency, as defined in subdivision (b) of Section 12881.2, to make a loan to such public agency for the purpose of paying the difference between the amount the public agency is able to raise to make any payment of the principal and interest on general obligation bonds issued by such public agency for the construction of a project utilizing water from the State Water Resources Development System or water obtained through an exchange of water from the system and the amount due on such principal and interest. For the purposes of this chapter, the term “general obligation bonds” shall be deemed to include bonds, but not direct assessment warrants, issued by a California water storage district pursuant to Part 8 (commencing with Section 45100) of Division 14 of this code. The balance of the appropriation made by Chapter 1435, Statutes of 1963, not required for the purposes of that chapter, as determined by the director, is hereby appropriated to the department for expenditure, without regard to fiscal years, as follows: (a) Not to exceed ten thousand dollars ($10,000) may be expended by the department in carrying out the provisions of Section 12894.2. (b) The remainder shall be available for the purpose of making loan commitments pursuant to this section, when specifically authorized by law. Said balance of the appropriation made by Chapter 1435, Statutes of 1963, shall constitute the sole and exclusive source of payment of such loans, and any commitment to make such a loan shall not constitute a debt, liability, or obligation of the state, except to the extent that money may be available from said balance to make a loan. The purpose of such commitments shall be to assist public agencies in the sale of such bonds at a reasonable charge. An application for such a commitment may be approved only if it is determined that the commitment is needed for that purpose, that there is reasonable assurance that the public agency can repay any sums paid out by the department under the commitment, and that the project for which the bonds are to be issued substantially conforms to the California Water Plan and is financially feasible. Approval of such bonds by the State Treasurer for certification shall constitute a finding that the project is financially feasible. (Amended by Stats. 1970, Ch. 911.)
  140. 12894.1.

    ## 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 5.5. Local Agency Bond Payments [12894 - 12894.8] ( Chapter 5.5 added by Stats. 1967, Ch. 1610. )

    Verify source ↗

    Public agencies that are already authorized to contract with the state for water supply are given power to make a contract with the department for a commitment under this chapter and to follow that contract’s terms.

    ## Water Code - 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 5.5. Local Agency Bond Payments [12894 - 12894.8] ( Chapter 5.5 added by Stats. 1967, Ch. 1610. ) ## 12894.1. Notwithstanding any provision of law to the contrary, every public agency empowered by law to contract with the state for a water supply is hereby granted, in addition to and not in derogation or limitation of the powers conferred upon the public agency by any other law, the power to enter into a contract with the department for a commitment in accordance with this chapter and to comply with the provisions of any such contract and the same powers with regard to such a loan commitment as are granted to public agencies under Sections 12887.1, 12887.2, 12887.3, 12887.6, 12887.7, and 12887.8. (Added by Stats. 1967, Ch. 1610.)
  141. 12894.2.

    ## 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 5.5. Local Agency Bond Payments [12894 - 12894.8] ( Chapter 5.5 added by Stats. 1967, Ch. 1610. )

    Verify source ↗

    The Department of Water Resources must notify certain public agencies, investigate agencies seeking loan commitments, request information from interested agencies on request, and submit a report to the Legislature by the fifth legislative day of the 1968 Regular Session.

    ## Water Code - 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 5.5. Local Agency Bond Payments [12894 - 12894.8] ( Chapter 5.5 added by Stats. 1967, Ch. 1610. ) ## 12894.2. The Department of Water Resources shall notify all public agencies which have contracted for water from the State Water Resources Development System of its intention to conduct an investigation of the need for loan commitments to public agencies under Section 12894. The department shall investigate all public agencies which indicate a desire for such a loan commitment. Any agency indicating such a desire shall, upon request, furnish to the department such information as may be required by the department in the conduct of the investigation and the preparation of the report to be submitted to the Legislature pursuant to this section. The department shall submit to the Legislature by the fifth legislative day of the 1968 Regular Session, a report which shall include, but not necessarily be limited to, the following: (1) the total amount of assistance requested by all public agencies pursuant to this chapter; (2) the loan commitments which the department proposes to make; (3) the period for which each loan commitment is proposed to be made; (4) the interest rate on any such loan; (5) the terms which will govern the repayment of loans made pursuant to this chapter; and (6) the terms and conditions upon which the department would propose to make such commitments. (Added by Stats. 1967, Ch. 1610.)
  142. 12894.3.

    ## 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 5.5. Local Agency Bond Payments [12894 - 12894.8] ( Chapter 5.5 added by Stats. 1967, Ch. 1610. )

    Verify source ↗

    The department may make loans for certain water project construction if a Section 12894 loan commitment would not give an eligible public agency the funds needed.

    ## Water Code - 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 5.5. Local Agency Bond Payments [12894 - 12894.8] ( Chapter 5.5 added by Stats. 1967, Ch. 1610. ) ## 12894.3. If the department determines that a loan commitment pursuant to Section 12894 will not enable any eligible public agency specified in Section 1 of Chapter 842 of the Statutes of 1968 to obtain the funds necessary to construct projects utilizing water from the State Water Resources Development System or water obtained through an exchange of water from the system, the department may make loans from the funds appropriated by Section 12894 for the construction of such projects. Such loans shall be made upon the terms and conditions specified in Sections 12894.4, 12894.5 and 12894.6. (Added by Stats. 1971, Ch. 1078.)
  143. 12894.4.

    ## 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 5.5. Local Agency Bond Payments [12894 - 12894.8] ( Chapter 5.5 added by Stats. 1967, Ch. 1610. )

    Verify source ↗

    Loans under Section 12894.3 are capped at the lesser of 25% of project cost or $2,500,000, and must be repaid within 40 years.

    ## Water Code - 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 5.5. Local Agency Bond Payments [12894 - 12894.8] ( Chapter 5.5 added by Stats. 1967, Ch. 1610. ) ## 12894.4. A loan pursuant to Section 12894.3 shall not exceed 25 percent of the total cost of the project, or two million five hundred thousand dollars ($2,500,000), whichever is the lesser. Such loan shall be repayable over a period not to exceed 40 years. A period of development, not exceeding five years, may be allowed during which no payments on the principal of or the interest on such loan shall be required, when in the department’s judgment such development period is justified under the circumstances. If the payment of interest is deferred pursuant to this section, no interest shall be charged on the interest amount for which payment is deferred. The accrued interest shall be paid in annual installments during the remainder of the loan repayment period. (Added by Stats. 1971, Ch. 1078.)
  144. 12894.5.

    ## 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 5.5. Local Agency Bond Payments [12894 - 12894.8] ( Chapter 5.5 added by Stats. 1967, Ch. 1610. )

    Verify source ↗

    Annual loan payments, including principal and interest, must be made in substantially equal amounts over the loan term, except for any initial deferment.

    ## Water Code - 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 5.5. Local Agency Bond Payments [12894 - 12894.8] ( Chapter 5.5 added by Stats. 1967, Ch. 1610. ) ## 12894.5. Annual payments on the loan, including both principal repayment and interest, shall be in substantially equal amounts over the term of the loan, excluding the initial deferment, if any. (Added by Stats. 1971, Ch. 1078.)
  145. 12894.6.

    ## 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 5.5. Local Agency Bond Payments [12894 - 12894.8] ( Chapter 5.5 added by Stats. 1967, Ch. 1610. )

    Verify source ↗

    When making loans under Section 12894.3, the department must impose loan terms and conditions needed to protect the state’s investment and carry out the chapter’s purposes.

    ## Water Code - 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 5.5. Local Agency Bond Payments [12894 - 12894.8] ( Chapter 5.5 added by Stats. 1967, Ch. 1610. ) ## 12894.6. In making loans pursuant to Section 12894.3, the department shall impose such terms and conditions as are necessary to protect the state’s investment and carry out the purposes of this chapter. (Added by Stats. 1971, Ch. 1078.)
  146. 12894.7.

    ## 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 5.5. Local Agency Bond Payments [12894 - 12894.8] ( Chapter 5.5 added by Stats. 1967, Ch. 1610. )

    Verify source ↗

    The department must require interest on each loan under Section 12894.3, using a rate tied to the state’s weighted average bond interest rate as of the loan 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 5.5. Local Agency Bond Payments [12894 - 12894.8] ( Chapter 5.5 added by Stats. 1967, Ch. 1610. ) ## 12894.7. The department shall require the payment of interest on each loan that is made pursuant to Section 12894.3 at a rate equal to the weighted average of the interest rates paid by the state on bonds issued under the California Water Resources Development Bond Act (Chapter 8 (commencing with Section 12930) of this part), without regard to any premiums received on the sale of such bonds, as of the date of the loan. (Added by Stats. 1971, Ch. 1078.)
  147. 12894.8.

    ## 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 5.5. Local Agency Bond Payments [12894 - 12894.8] ( Chapter 5.5 added by Stats. 1967, Ch. 1610. )

    Verify source ↗

    If the voters of an eligible district approve a project and its bonds, that approval also counts as approval of a loan for the same project, to the extent the loan money will be used to build the project instead of the approved bonds.

    ## Water Code - 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 5.5. Local Agency Bond Payments [12894 - 12894.8] ( Chapter 5.5 added by Stats. 1967, Ch. 1610. ) ## 12894.8. Prior approval by the voters of an eligible district of a project described in Section 12894.3 and bonds therefor shall constitute approval of a loan pursuant to Section 12894.3 to the extent that the loan proceeds will be utilized to construct the project in lieu of the approved bonds. (Added by Stats. 1971, Ch. 1078.)
  148. 12895.

    ## Water Code - 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 6. State Cooperation With the Federal Government on State Water Projects [12895 - 12898] ( Heading of Chapter 6 added by Stats. 1965, Ch. 93. )

    Verify source ↗

    The Department of Water Resources may participate and cooperate with the United States on planning, construction, operation, maintenance, and financing of qualifying 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 6. State Cooperation With the Federal Government on State Water Projects [12895 - 12898] ( Heading of Chapter 6 added by Stats. 1965, Ch. 93. ) ## 12895. The Department of Water Resources is authorized to participate and cooperate with the United States in the planning of construction, operation, maintenance, and financing of projects that are in substantial conformity with The California Water Plan. (Added by Stats. 1957, Ch. 2417.)
  149. 12896.

    ## Water Code - 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 6. State Cooperation With the Federal Government on State Water Projects [12895 - 12898] ( Heading of Chapter 6 added by Stats. 1965, Ch. 93. )

    Verify source ↗

    The department is authorized to work with the United States on planning, construction, operation, maintenance, and financing for the Melones and Hogan 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 6. State Cooperation With the Federal Government on State Water Projects [12895 - 12898] ( Heading of Chapter 6 added by Stats. 1965, Ch. 93. ) ## 12896. Under the policy established in Section 12895, the department is authorized to participate and cooperate with the United States in the planning of construction, operation, maintenance, and financing of the new Melones Project on the Stanislaus River and the new Hogan Project on the Calaveras River. (Added by Stats. 1957, Ch. 2417.)
  150. 12898.

    ## Water Code - 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 6. State Cooperation With the Federal Government on State Water Projects [12895 - 12898] ( Heading of Chapter 6 added by Stats. 1965, Ch. 93. )

    Verify source ↗

    The department may make a contract with the Federal Government for state participation in the Sacramento Canals Unit, but payments must be tied to appropriations.

    ## Water Code - 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 6. State Cooperation With the Federal Government on State Water Projects [12895 - 12898] ( Heading of Chapter 6 added by Stats. 1965, Ch. 93. ) ## 12898. The Sacramento Canals Unit of the Central Valley Project is approved for state participation to the extent that funds are hereafter appropriated therefor. The department may enter into a contract with the Federal Government on behalf of the State under which the State agrees to pay to the Federal Government, each year that the net revenue derived from the operation of the Sacramento Canals Unit is less than the amount necessary to pay the appropriate share of the reimbursable construction cost of the unit allocated for repayment in that year, an amount equal to the difference between the revenues received and the amount so allocated for repayment. The contract shall condition any payment upon an appropriation being made therefor. (Added by Stats. 1959, Ch. 1767.)
  151. 12899.

    ## Water Code - 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 6.5. State Water Resources Development System Rights-Of-Way [12899 - 12899.11] ( Chapter 6.5 added by Stats. 2005, Ch. 263, Sec. 3. )

    Verify source ↗

    This section defines key terms used in the chapter about State Water Resources Development System 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 6.5. State Water Resources Development System Rights-Of-Way [12899 - 12899.11] ( Chapter 6.5 added by Stats. 2005, Ch. 263, Sec. 3. ) ## 12899. The following definitions govern the construction of this chapter: (a) “State Water Resources Development System” means the State Water Resources Development System as described in Section 12931, including, but not limited to, all portions of the project authorized pursuant to the Central Valley Project Act (Part 3 (commencing with Section 11100)) and additions thereto. (b) “Encroachment” means any installation of any tower, pole, pipe, fence, building, structure, object, or improvement of any kind or character that is placed in, on, under, or over any portion of the State Water Resources Development System or other use of the department’s right-of-way, including the alteration of the ground surface elevation by more than one foot, or the planting of trees, vines, or other vegetation on the department’s right-of-way that may pose a threat to the physical integrity of any facility of the State Water Resources Development System or that could interfere with the department’s rights with regard to access, inspection, repair, or the operation and maintenance of any State Water Resources Development System facility. (c) “Person” means any person, firm, partnership, association, corporation, other business entity, nonprofit organization, or governmental entity. (d) “Right-of-way” means any property interest acquired by the department for State Water Resources Development System purposes, including but not limited to, an easement, license, permit, joint use agreement, or fee ownership. (Added by Stats. 2005, Ch. 263, Sec. 3. Effective January 1, 2006.)
  152. 12899.1.

    ## 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 6.5. State Water Resources Development System Rights-Of-Way [12899 - 12899.11] ( Chapter 6.5 added by Stats. 2005, Ch. 263, Sec. 3. )

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    A person needs the department’s written permission before altering, improving, encroaching on, or excavating within the specified right-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 6.5. State Water Resources Development System Rights-Of-Way [12899 - 12899.11] ( Chapter 6.5 added by Stats. 2005, Ch. 263, Sec. 3. ) ## 12899.1. (a) Except as provided by Section 12899.8, no person shall make any alteration, improvement, encroachment, or excavation within the right-of-way acquired for the State Water Resources Development System, without first obtaining the written permission of the department. (b) Any person proposing to make an alteration, improvement, encroachment, or excavation within the right-of-way acquired for the State Water Resources Development System shall submit an application to the department on a form prescribed by the department, along with other reports, studies, and analyses as required by the department. (c) The department may issue a written permit, in accordance with this chapter, authorizing the permittee to do any act that is not inconsistent with the functioning, operation, maintenance, enlargement, and rehabilitation of any portion of the facilities of the State Water Resources Development System. (d) By issuing the permits, the department is not responsible for the competence or reliability of the permittee or the encroachment. (e) The department shall approve or deny an application for an encroachment permit not later than 60 days from the date of receipt of the complete application, as determined by the department. An application for a permit is complete when all application requirements and other statutory requirements, including, but not limited to, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), have been met. Not later than 30 days from the date on which the application is received, the department shall determine whether an application is complete. The department shall not unreasonably deny an application for a permit. If the department denies an application for a permit, it shall provide an explanation of the reason for the denial at the time of notifying the applicant of the denial. (f) Except as provided by Section 12899.8, any person who makes an alteration, improvement, encroachment, or excavation within the right-of-way acquired for the State Water Resources Development System, without a permit, is guilty of a misdemeanor. (Added by Stats. 2005, Ch. 263, Sec. 3. Effective January 1, 2006.)
  153. 12899.10.

    ## 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 6.5. State Water Resources Development System Rights-Of-Way [12899 - 12899.11] ( Chapter 6.5 added by Stats. 2005, Ch. 263, Sec. 3. )

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    This chapter does not apply to certain public agency activities involving jointly owned State Water Resources Development System facilities if they are carried out under and consistent with an agreement with the United States.

    ## Water Code - 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 6.5. State Water Resources Development System Rights-Of-Way [12899 - 12899.11] ( Chapter 6.5 added by Stats. 2005, Ch. 263, Sec. 3. ) ## 12899.10. This chapter does not apply to the activities of a public agency that operates facilities of the State Water Resources Development System that are jointly owned by the state and the United States, including facilities of the San Luis Unit of the Central Valley Project, if the activities are conducted pursuant to, and consistent with, an agreement with the United States for the operation and maintenance of those facilities. (Added by Stats. 2005, Ch. 263, Sec. 3. Effective January 1, 2006.)
  154. 12899.11.

    ## Water Code - 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 6.5. State Water Resources Development System Rights-Of-Way [12899 - 12899.11] ( Chapter 6.5 added by Stats. 2005, Ch. 263, Sec. 3. )

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    The department must issue a general encroachment permit within 60 days after receiving a complete application, for qualifying routine operation and maintenance activities.

    ## Water Code - 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 6.5. State Water Resources Development System Rights-Of-Way [12899 - 12899.11] ( Chapter 6.5 added by Stats. 2005, Ch. 263, Sec. 3. ) ## 12899.11. (a) The department, not later than 60 days from the date on which it receives a complete application, shall issue a general encroachment permit, for a period not to exceed 10 years, for routine operation and maintenance activities of public agencies with a contract with the department for delivery of water pursuant to subdivision (b) of Section 12937. (b) For the purposes of this section, “operation and maintenance” means inspection, equipment testing and maintenance, water quality monitoring and testing, weed and pest abatement, and other activities that the department determines are consistent with existing agreements between the department and its water contractors. (Added by Stats. 2005, Ch. 263, Sec. 3. Effective January 1, 2006.)
  155. 12899.2.

    ## 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 6.5. State Water Resources Development System Rights-Of-Way [12899 - 12899.11] ( Chapter 6.5 added by Stats. 2005, Ch. 263, Sec. 3. )

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    Permits under this section must be followed, and the department may add permit requirements, inspect the work, and charge fees.

    ## Water Code - 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 6.5. State Water Resources Development System Rights-Of-Way [12899 - 12899.11] ( Chapter 6.5 added by Stats. 2005, Ch. 263, Sec. 3. ) ## 12899.2. (a) Any act performed under the authority of a permit issued pursuant to this chapter shall be in accordance with the applicable provisions of this chapter and the terms and conditions of the permit. (b) The department may prescribe requirements in the permit, including a requirement that the permittee pay the entire expense of restoring the affected State Water Resources Development System facilities to a condition equivalent to that before the work was performed, and requirements relating to the location and manner in which the work shall be performed, as determined by the department to be necessary for the protection of the department’s facilities. (c) Any permit issued to a permittee shall include a provision that requires the permittee to relocate or remove the encroachment in the event the future repair, rehabilitation, or improvement of the State Water Resources Development System requires the relocation or removal of the encroachment at the sole expense of the permittee. (d) The department shall charge an application processing and review fee for a permit to use the right-of-way. (e) The department may inspect and supervise the work performed under any permit issued under this chapter, in which event the permittee shall pay the reasonable cost of that inspection and supervision to the department, not to exceed the amount estimated by the department at the time of issuing the permit or commencement of work. If the actual costs exceed the estimated costs, an additional fee shall be required by the department before final permit approval or at the end of the inspection. If the actual costs are less than the estimated costs, the department shall refund the difference. (f) Before granting a permit under this chapter, the department may require any applicant to provide proof of insurance naming the department as an additional insured in an amount reasonably necessary to protect the state’s interest. (g) Before granting a permit under this chapter, the department may require any applicant, other than a county, city, city and county, or public agency that is authorized by law to establish and maintain any works or facilities within the department’s right-of-way, to file with the department a satisfactory bond payable to the department in an amount that the department determines to be sufficient, conditioned on the proper compliance by the permittee with this chapter. The department may require a bond from a county, city, city and county, or public agency that, prior to submitting an application, failed to comply with this chapter or with the conditions of a previous permit. (Added by Stats. 2005, Ch. 263, Sec. 3. Effective January 1, 2006.)
  156. 12899.3.

    ## 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 6.5. State Water Resources Development System Rights-Of-Way [12899 - 12899.11] ( Chapter 6.5 added by Stats. 2005, Ch. 263, Sec. 3. )

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    Corporations may not have franchise rights in the department’s right-of-way, and counties, cities, and city and counties may not grant franchises there, except where the right-of-way is within certain public roadways.

    ## Water Code - 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 6.5. State Water Resources Development System Rights-Of-Way [12899 - 12899.11] ( Chapter 6.5 added by Stats. 2005, Ch. 263, Sec. 3. ) ## 12899.3. No corporation has any franchise rights within the department’s right-of-way, and no county, city, or city and county has any right to grant a franchise within that right-of-way. This section does not apply to a State Water Resources Development System right-of-way located within city, county, or city and county public roadways. (Added by Stats. 2005, Ch. 263, Sec. 3. Effective January 1, 2006.)
  157. 12899.4.

    ## 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 6.5. State Water Resources Development System Rights-Of-Way [12899 - 12899.11] ( Chapter 6.5 added by Stats. 2005, Ch. 263, Sec. 3. )

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    The department may delegate certain powers, duties, and authority to a contracting entity, except approval, and may later withdraw that delegation.

    ## Water Code - 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 6.5. State Water Resources Development System Rights-Of-Way [12899 - 12899.11] ( Chapter 6.5 added by Stats. 2005, Ch. 263, Sec. 3. ) ## 12899.4. The department may delegate, to any entity that has a contract with the department pursuant to Section 11625, any of the department’s powers, duties and authority, other than approval, under this chapter as to any facility of the State Water Resources Development System that primarily benefits that entity, and may withdraw that delegation of authority. (Added by Stats. 2005, Ch. 263, Sec. 3. Effective January 1, 2006.)
  158. 12899.5.

    ## 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 6.5. State Water Resources Development System Rights-Of-Way [12899 - 12899.11] ( Chapter 6.5 added by Stats. 2005, Ch. 263, Sec. 3. )

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    The department may require removal of encroachments in its right-of-way, give notice, and remove them after short response periods; in emergencies, it may take necessary action immediately.

    ## Water Code - 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 6.5. State Water Resources Development System Rights-Of-Way [12899 - 12899.11] ( Chapter 6.5 added by Stats. 2005, Ch. 263, Sec. 3. ) ## 12899.5. (a) Except as provided by Section 12899.8, if any encroachment exists within the department’s right-of-way, the department may require the removal of the encroachment in the manner provided in this section. (b) Except as provided in subdivision (e), notice shall be given to the owner, occupant, or person in possession of the encroachment, or to any other person causing or permitting the encroachment to exist, by serving a notice including a demand for the immediate removal of the encroachment from within the right-of-way. The notice shall describe the encroachment with reasonable certainty as to its character and location. In lieu of service upon the person, service of the notice may also be made by registered mail and posting for a period of five days, a copy of the notice on the encroachment described in the notice. In the case of an owner, occupant or person in possession, who is not present in the county, the notice may be given to an agent in lieu of service by mailing and posting. (c) The department may remove from the State Water Resources Development System any right-of-way encroachment that meets both of the following criteria: (1) Not later than 60 days from the date on which a notice was given pursuant to subdivision (b), the owner, occupant, or person in possession of the encroachment has not asserted a right to be in possession consistent with Section 12899.8 and has not removed, or commenced to remove in a diligent manner, the encroachment. (2) The encroachment obstructs, threatens, or prevents the proper operation, maintenance, or rehabilitation of the State Water Resources Development System. (d) The department may immediately remove from the State Water Resources Development System any right-of-way encroachment that meets both of the following criteria: (1) Not later than five days from the date on which a notice is given pursuant to subdivision (b), the owner, occupant, or person in possession of the encroachment has not asserted a right to be in possession consistent with Section 12899.8 and has not removed, or commenced to remove in a diligent manner, the encroachment. (2) The encroachment poses an imminent threat to the integrity of one or more features of the State Water Resources Development System. (e) In the case of an emergency, the department has the authority to take any action necessary to avert, alleviate, repair, or mitigate any threat to the State Water Resources Development System. For the purposes of this chapter, “emergency” means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. (f) If the department removes any encroachment upon the failure of the owner to comply with the notice pursuant to this section, the department may recover the expense of the removal, costs and expenses of suit, including attorneys fees, and, in addition, the sum of one thousand dollars ($1,000) for each day the encroachment remains after the expiration of the applicable response period described in subdivision (c) or (d). (g) If the owner, occupant, or person in possession of the encroachment, or person causing or suffering the encroachment to exist, or the agent of any of these parties, disputes or denies the existence of the encroachment, asserts a right to be in possession consistent with Section 12899.8, or refuses to remove or permit the removal of the encroachment, the department may commence, in any court of competent jurisdiction, an action to abate the encroachment as a public nuisance. If judgment is recovered by the department, it may, in addition to having the encroachment adjudged a nuisance and abated, recover one thousand dollars ($1,000) for each day the encroachment remains after the expiration of the applicable response period described in subdivision (c) or (d), and may also recover the expense of that removal, and costs and expenses of the suit, including attorney’s fees. (Added by Stats. 2005, Ch. 263, Sec. 3. Effective January 1, 2006.)
  159. 12899.6.

    ## 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 6.5. State Water Resources Development System Rights-Of-Way [12899 - 12899.11] ( Chapter 6.5 added by Stats. 2005, Ch. 263, Sec. 3. )

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    This section makes it unlawful to drain, obstruct, store, or distribute water in ways that damage or interfere with the State Water Resources Development System right-of-way, and it requires prompt cleanup and repair after notice.

    ## Water Code - 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 6.5. State Water Resources Development System Rights-Of-Way [12899 - 12899.11] ( Chapter 6.5 added by Stats. 2005, Ch. 263, Sec. 3. ) ## 12899.6. (a) Unless a person is otherwise authorized, by permit or agreement, to do so, it is unlawful for any person to do any of the following acts: (1) Drain water, or permit water to be drained, from the person’s lands onto the State Water Resources Development System right-of-way by any means, which results in damage to the system or the department’s right-of-way, except where the water naturally drains onto the department’s right-of-way. (2) Obstruct any natural watercourse in a manner that does any of the following: (A) Prevents, impedes, or restricts the natural flow of waters from any portion of the department’s right-of-way into and through the watercourse or State Water Resources Development System cross drainage structures, unless other adequate and proper drainage is provided. (B) Causes waters to be impounded within the department’s right-of-way that damages the State Water Resources Development System or the department’s right-of-way, except where the water naturally drains onto the department’s right-of-way. (C) Causes interference with, or damages or makes hazardous the operation, maintenance, and rehabilitation of, the State Water Resources Development System. (3) Stores or distributes water for any purpose so as to permit the water to overflow onto, causing damage to, or to obstruct or damage any portion of, the State Water Resources Development System or the department’s right-of-way. (b) When notice is given by the department, in the manner provided in Section 12899.5, to any person permitting a condition to exist, as described in subdivision (a), the person shall immediately cease and discontinue the diversion of waters or shall discontinue and prevent the drainage, seepage, or overflow and shall repair, or pay for the repair of, any damage to the State Water Resources Development System or the department’s right-of-way. The person to whom the notice is provided may challenge, administratively in accordance with regulations adopted pursuant to Section 12899.9, or in a court of competent jurisdiction, the propriety of the determination by the department. (c) If any person is notified pursuant to subdivision (b) and fails, neglects, or refuses to cease and discontinue the diversion, drainage, seepage, or overflow of the waters or to make or pay for the repairs, the department may make repairs and perform work as it determines necessary to prevent the further drainage, diversion, overflow, or seepage of the waters. (d) The department may recover in an action at law, in any court of competent jurisdiction, the amount expended for those repairs and work, and in addition, the sum of one thousand dollars ($1,000) for each day the drainage, diversion, overflow, or seepage of the waters is permitted to continue, after the service of the notice in the manner specified in this chapter, together with the costs and expenses, including attorney’s fees, incurred in the action. (Amended by Stats. 2006, Ch. 538, Sec. 674. Effective January 1, 2007.)
  160. 12899.7.

    ## 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 6.5. State Water Resources Development System Rights-Of-Way [12899 - 12899.11] ( Chapter 6.5 added by Stats. 2005, Ch. 263, Sec. 3. )

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    A person who willfully or negligently damages the State Water Resources Development System or the department’s right-of-way is liable for necessary repairs, and the department may seek recovery of repair costs and related litigation expenses.

    ## Water Code - 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 6.5. State Water Resources Development System Rights-Of-Way [12899 - 12899.11] ( Chapter 6.5 added by Stats. 2005, Ch. 263, Sec. 3. ) ## 12899.7. Any person who by any means willfully or negligently injures or damages any feature of the State Water Resources Development System or the department’s right-of-way is liable for necessary repairs, and the department may recover in an action at law the amount expended for the repairs, together with the costs and expenses, including attorney’s fees, incurred in that action. (Amended by Stats. 2006, Ch. 538, Sec. 675. Effective January 1, 2007.)
  161. 12899.8.

    ## 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 6.5. State Water Resources Development System Rights-Of-Way [12899 - 12899.11] ( Chapter 6.5 added by Stats. 2005, Ch. 263, Sec. 3. )

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    Some right-of-way holders do not need a department permit, but they must submit plans for review before more work and the department must respond within 30 days.

    ## Water Code - 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 6.5. State Water Resources Development System Rights-Of-Way [12899 - 12899.11] ( Chapter 6.5 added by Stats. 2005, Ch. 263, Sec. 3. ) ## 12899.8. (a) Notwithstanding any other provision of this chapter, and except as otherwise provided in an agreement between the department and landowner or predecessor-in-interest, any person owning a legal real property interest over a portion of the State Water Resources Development System right-of-way, or who has an agreement with the department for the construction, operation, and maintenance of an encroachment, is not required to obtain a permit from the department for exercising their property or other rights, but shall submit their plans to the department for review and comment before undertaking any additional work within the department’s right-of-way. A person’s legal real property or other interests shall be determined by the department upon the review of the appropriate document, agreement, or reservation of rights. The department shall respond not later than 30 days from the date of the receipt of the plans. (b) Notwithstanding any other provision of this chapter, any holder of a current State Water Resources Development System encroachment permit on January 1, 2007, or a person who has an agreement with the department for the construction, operation, and maintenance of an encroachment as of that date, may continue the authorized encroachment pursuant to the terms, conditions, and limitations of that permit or agreement. (Added by Stats. 2005, Ch. 263, Sec. 3. Effective January 1, 2006.)
  162. 12899.9.

    ## 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 6.5. State Water Resources Development System Rights-Of-Way [12899 - 12899.11] ( Chapter 6.5 added by Stats. 2005, Ch. 263, Sec. 3. )

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    The department may adopt regulations to carry out 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 6.5. State Water Resources Development System Rights-Of-Way [12899 - 12899.11] ( Chapter 6.5 added by Stats. 2005, Ch. 263, Sec. 3. ) ## 12899.9. The department may adopt regulations to implement this chapter, including regulations that provide for the filing of an application for a permit, related administrative review and inspection, the imposition of permit fees and permit terms and conditions, an administrative appeal process, and a process for administrative review and regulation of existing encroachments in accordance with this chapter. (Added by Stats. 2005, Ch. 263, Sec. 3. Effective January 1, 2006.)
  163. 12900.

    ## Water Code - 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 7. California Water Fund [12900 - 12915] ( Chapter 7 added by Stats. 1959, Ch. 140. ) ## ARTICLE 1. General Provisions [12900 - 12901] ( Article 1 added by Stats. 1959, Ch. 140. )

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    This chapter may be cited as the California Water Fund Law of 1959.

    ## Water Code - 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 7. California Water Fund [12900 - 12915] ( Chapter 7 added by Stats. 1959, Ch. 140. ) ## ARTICLE 1. General Provisions [12900 - 12901] ( Article 1 added by Stats. 1959, Ch. 140. ) ## 12900. This chapter shall be known and may be cited as the California Water Fund Law of 1959. (Added by Stats. 1959, Ch. 140.)
  164. 12901.

    ## Water Code - 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 7. California Water Fund [12900 - 12915] ( Chapter 7 added by Stats. 1959, Ch. 140. ) ## ARTICLE 1. General Provisions [12900 - 12901] ( Article 1 added by Stats. 1959, Ch. 140. )

    Verify source ↗

    This section defines “Project” and “Fund” for the 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 7. California Water Fund [12900 - 12915] ( Chapter 7 added by Stats. 1959, Ch. 140. ) ## ARTICLE 1. General Provisions [12900 - 12901] ( Article 1 added by Stats. 1959, Ch. 140. ) ## 12901. As used in this chapter: (a) “Project” means any project constructed by a public agency, as defined by Section 12880, by the State, or by the State in co-operation with the Federal Government, for the development, utilization, and distribution of the water resources of the State, including all necessary or convenient property, works, and facilities. (b) “Fund” means the California Water Fund. (Amended by Stats. 1959, Ch. 2104.)
  165. 12910.

    ## Water Code - 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 7. California Water Fund [12900 - 12915] ( Chapter 7 added by Stats. 1959, Ch. 140. ) ## ARTICLE 2. The California Water Fund [12910 - 12915] ( Article 2 added by Stats. 1959, Ch. 140. )

    Verify source ↗

    The California Water Fund is created as a special fund in the State Treasury, and the State Treasurer must hold its money, securities, and earnings.

    ## Water Code - 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 7. California Water Fund [12900 - 12915] ( Chapter 7 added by Stats. 1959, Ch. 140. ) ## ARTICLE 2. The California Water Fund [12910 - 12915] ( Article 2 added by Stats. 1959, Ch. 140. ) ## 12910. The California Water Fund is created as a special fund in the State Treasury, the moneys, securities, and increment of which shall be held by the State Treasurer and shall be expended upon projects when appropriated by the Legislature. (Added by Stats. 1959, Ch. 140.)
  166. 12911.

    ## Water Code - 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 7. California Water Fund [12900 - 12915] ( Chapter 7 added by Stats. 1959, Ch. 140. ) ## ARTICLE 2. The California Water Fund [12910 - 12915] ( Article 2 added by Stats. 1959, Ch. 140. )

    Verify source ↗

    The Investment Fund in the State Treasury is abolished, and the Controller must move all of its resources to the California Water Fund when this chapter takes effect.

    ## Water Code - 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 7. California Water Fund [12900 - 12915] ( Chapter 7 added by Stats. 1959, Ch. 140. ) ## ARTICLE 2. The California Water Fund [12910 - 12915] ( Article 2 added by Stats. 1959, Ch. 140. ) ## 12911. The Investment Fund in the State Treasury is hereby abolished. Upon the effective date of this chapter, the Controller shall transfer all resources of the Investment Fund to the California Water Fund. All references in any law to the Investment Fund shall hereafter be deemed to refer to the California Water Fund. (Added by Stats. 1959, Ch. 140.)
  167. 12912.

    ## Water Code - 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 7. California Water Fund [12900 - 12915] ( Chapter 7 added by Stats. 1959, Ch. 140. ) ## ARTICLE 2. The California Water Fund [12910 - 12915] ( Article 2 added by Stats. 1959, Ch. 140. )

    Verify source ↗

    The California Water Fund must receive specified categories of money and revenue.

    ## Water Code - 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 7. California Water Fund [12900 - 12915] ( Chapter 7 added by Stats. 1959, Ch. 140. ) ## ARTICLE 2. The California Water Fund [12910 - 12915] ( Article 2 added by Stats. 1959, Ch. 140. ) ## 12912. There shall be deposited in the California Water Fund: (a) All resources of the Investment Fund. (b) All receipts and revenues of any type and nature derived from any project constructed, operated, or maintained in whole or in part from the fund, except such receipts and revenues which are necessary to pay the costs of operation, maintenance, replacement, and debt service in connection with the project, and all receipts and revenues of any type or nature derived by the state from joint-use projects between the state and the federal government, except such receipts and revenues which are necessary to pay the costs of operation, maintenance, replacement and debt service, in connection with any such project. (c) Such moneys in other funds which the Legislature may hereafter direct the Controller to transfer to the fund, and any money required to be deposited in the California Water Fund pursuant to the provisions of subdivision (b) of Section 6217 of the Public Resources Code. (d) All revenues received by the state pursuant to the provisions of Chapter 29, Statutes of 1956, First Extraordinary Session. (e) All money from any state bond issue authorized and sold for the purposes of this chapter. (f) All other funds made available solely for the purposes of this chapter by gift or any other means. (g) All income derived from the investment of moneys that are in the fund. (Amended by Stats. 1975, Ch. 678.)
  168. 12912.5.

    ## 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 7. California Water Fund [12900 - 12915] ( Chapter 7 added by Stats. 1959, Ch. 140. ) ## ARTICLE 2. The California Water Fund [12910 - 12915] ( Article 2 added by Stats. 1959, Ch. 140. )

    Verify source ↗

    Five million dollars must be deposited annually into a special account in the California Water 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 7. California Water Fund [12900 - 12915] ( Chapter 7 added by Stats. 1959, Ch. 140. ) ## ARTICLE 2. The California Water Fund [12910 - 12915] ( Article 2 added by Stats. 1959, Ch. 140. ) ## 12912.5. Of the amounts deposited in the California Water Fund pursuant to subdivision (b) of Section 6217 of the Public Resources Code, five million dollars ($5,000,000) shall be deposited annually in a special account in the California Water Fund for appropriation by the Legislature to the Department of Water Resources for purposes of mitigation of adverse effects to water quality, fisheries, or wildlife in (1) the Sacramento-San Joaquin Delta, Suisun Marsh, and San Francisco Bay caused by historic upstream depletions and diversions, as nonreimbursable costs under Section 11912 and for other nonreimbursable costs, and (2) the Salton Sea and its tributaries. (Added by Stats. 1988, Ch. 28, Sec. 4. Effective March 14, 1988.)
  169. 12913.

    ## Water Code - 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 7. California Water Fund [12900 - 12915] ( Chapter 7 added by Stats. 1959, Ch. 140. ) ## ARTICLE 2. The California Water Fund [12910 - 12915] ( Article 2 added by Stats. 1959, Ch. 140. )

    Verify source ↗

    The Director of Finance must invest and reinvest surplus fund money in specified securities, may sell or exchange those securities if doing so is in the State’s best interests for the chapter’s purposes, and must credit all resulting income 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 7. California Water Fund [12900 - 12915] ( Chapter 7 added by Stats. 1959, Ch. 140. ) ## ARTICLE 2. The California Water Fund [12910 - 12915] ( Article 2 added by Stats. 1959, Ch. 140. ) ## 12913. The Director of Finance shall cause all moneys in the fund which are in excess of current requirements to be invested and reinvested from time to time in securities described in Section 16430 of the Government Code, and such securities may be sold or exchanged if in his opinion such sale or exchange is in the best interests of the State in effectuating the purposes of this chapter. All income derived from such investment, reinvestment, sale, or exchange shall be credited to the fund. (Added by Stats. 1959, Ch. 140.)
  170. 12914.

    ## Water Code - 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 7. California Water Fund [12900 - 12915] ( Chapter 7 added by Stats. 1959, Ch. 140. ) ## ARTICLE 2. The California Water Fund [12910 - 12915] ( Article 2 added by Stats. 1959, Ch. 140. )

    Verify source ↗

    Money in the California Water Fund must stay in the State Treasury and can be spent only if the Legislature makes an 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 7. California Water Fund [12900 - 12915] ( Chapter 7 added by Stats. 1959, Ch. 140. ) ## ARTICLE 2. The California Water Fund [12910 - 12915] ( Article 2 added by Stats. 1959, Ch. 140. ) ## 12914. All of the assets in the fund shall be retained in the State Treasury in the fund and shall not be expended except upon appropriations made by the Legislature. (Added by Stats. 1959, Ch. 140.)
  171. 12915.

    ## Water Code - 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 7. California Water Fund [12900 - 12915] ( Chapter 7 added by Stats. 1959, Ch. 140. ) ## ARTICLE 2. The California Water Fund [12910 - 12915] ( Article 2 added by Stats. 1959, Ch. 140. )

    Verify source ↗

    If this chapter conflicts with Part 3 of Division 6, this chapter controls.

    ## Water Code - 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 7. California Water Fund [12900 - 12915] ( Chapter 7 added by Stats. 1959, Ch. 140. ) ## ARTICLE 2. The California Water Fund [12910 - 12915] ( Article 2 added by Stats. 1959, Ch. 140. ) ## 12915. To the extent the provisions of this chapter are inconsistent or in conflict with any of those provisions of Part 3 (commencing at Section 11100) of Division 6, the provisions of this chapter shall prevail. (Added by Stats. 1959, Ch. 140.)
  172. 12920.

    ## Water Code - 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 7.5. Protection of Ground Water Basins [12920 - 12924] ( Chapter 7.5 added by Stats. 1961, Ch. 1620. ) ## ARTICLE 1. Short Title [12920- 12920.] ( Article 1 added by Stats. 1961, Ch. 1620. )

    Verify source ↗

    This chapter is called the Porter-Dolwig Ground Water Basin Protection Law and may be cited by that name.

    ## Water Code - 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 7.5. Protection of Ground Water Basins [12920 - 12924] ( Chapter 7.5 added by Stats. 1961, Ch. 1620. ) ## ARTICLE 1. Short Title [12920- 12920.] ( Article 1 added by Stats. 1961, Ch. 1620. ) ## 12920. This chapter shall be known as, and may be cited as, the Porter-Dolwig Ground Water Basin Protection Law. (Added by Stats. 1961, Ch. 1620.)
  173. 12921.

    ## Water Code - 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 7.5. Protection of Ground Water Basins [12920 - 12924] ( Chapter 7.5 added by Stats. 1961, Ch. 1620. ) ## ARTICLE 2. Definitions [12921 - 12921.3] ( Article 2 added by Stats. 1961, Ch. 1620. )

    Verify source ↗

    The definitions in this article control how this chapter is interpreted.

    ## Water Code - 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 7.5. Protection of Ground Water Basins [12920 - 12924] ( Chapter 7.5 added by Stats. 1961, Ch. 1620. ) ## ARTICLE 2. Definitions [12921 - 12921.3] ( Article 2 added by Stats. 1961, Ch. 1620. ) ## 12921. The definitions in this article govern the construction of this chapter. (Added by Stats. 1961, Ch. 1620.)
  174. 12921.1.

    ## 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 7.5. Protection of Ground Water Basins [12920 - 12924] ( Chapter 7.5 added by Stats. 1961, Ch. 1620. ) ## ARTICLE 2. Definitions [12921 - 12921.3] ( Article 2 added by Stats. 1961, Ch. 1620. )

    Verify source ↗

    In this section, “Department” means the Department of Water Resources.

    ## Water Code - 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 7.5. Protection of Ground Water Basins [12920 - 12924] ( Chapter 7.5 added by Stats. 1961, Ch. 1620. ) ## ARTICLE 2. Definitions [12921 - 12921.3] ( Article 2 added by Stats. 1961, Ch. 1620. ) ## 12921.1. “Department” means the Department of Water Resources. (Added by Stats. 1961, Ch. 1620.)
  175. 12921.2.

    ## 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 7.5. Protection of Ground Water Basins [12920 - 12924] ( Chapter 7.5 added by Stats. 1961, Ch. 1620. ) ## ARTICLE 2. Definitions [12921 - 12921.3] ( Article 2 added by Stats. 1961, Ch. 1620. )

    Verify source ↗

    This provision defines “local agency” as a county, city, state agency, or public district.

    ## Water Code - 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 7.5. Protection of Ground Water Basins [12920 - 12924] ( Chapter 7.5 added by Stats. 1961, Ch. 1620. ) ## ARTICLE 2. Definitions [12921 - 12921.3] ( Article 2 added by Stats. 1961, Ch. 1620. ) ## 12921.2. “Local agency” means any county, city, state agency or public district. (Added by Stats. 1961, Ch. 1620.)
  176. 12921.3.

    ## 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 7.5. Protection of Ground Water Basins [12920 - 12924] ( Chapter 7.5 added by Stats. 1961, Ch. 1620. ) ## ARTICLE 2. Definitions [12921 - 12921.3] ( Article 2 added by Stats. 1961, Ch. 1620. )

    Verify source ↗

    “Project” is defined as a physical structure or facility for specified water-related purposes under this chapter, when the basin is relied on as a source of public water supply.

    ## Water Code - 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 7.5. Protection of Ground Water Basins [12920 - 12924] ( Chapter 7.5 added by Stats. 1961, Ch. 1620. ) ## ARTICLE 2. Definitions [12921 - 12921.3] ( Article 2 added by Stats. 1961, Ch. 1620. ) ## 12921.3. “Project” means any physical structure or facility proposed or constructed under this chapter for the conservation, storage, regulation, reclamation, treatment or transportation of water to replenish, recharge, or restore a ground water basin, or to prevent, stem, or repel the intrusion of sea water therein, or to improve the quality of the waters thereof, when such basin is relied upon as a source of public water supply. (Added by Stats. 1961, Ch. 1620.)
  177. 12922.

    ## Water Code - 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 7.5. Protection of Ground Water Basins [12920 - 12924] ( Chapter 7.5 added by Stats. 1961, Ch. 1620. ) ## ARTICLE 3. Declaration of Policy [12922 - 12922.1] ( Article 3 added by Stats. 1961, Ch. 1620. )

    Verify source ↗

    The provision states that the people of the State have a primary interest in protecting the State’s groundwater basins from irreparable damage or impaired use caused by overdraft, depletion, seawater intrusion, or degraded water quality.

    ## Water Code - 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 7.5. Protection of Ground Water Basins [12920 - 12924] ( Chapter 7.5 added by Stats. 1961, Ch. 1620. ) ## ARTICLE 3. Declaration of Policy [12922 - 12922.1] ( Article 3 added by Stats. 1961, Ch. 1620. ) ## 12922. It is hereby declared that the people of the State have a primary interest in the correction and prevention of irreparable damage to, or impaired use of, the ground water basins of this State caused by critical conditions of overdraft, depletion, sea water intrusion or degraded water quality. (Added by Stats. 1961, Ch. 1620.)
  178. 12922.1.

    ## 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 7.5. Protection of Ground Water Basins [12920 - 12924] ( Chapter 7.5 added by Stats. 1961, Ch. 1620. ) ## ARTICLE 3. Declaration of Policy [12922 - 12922.1] ( Article 3 added by Stats. 1961, Ch. 1620. )

    Verify source ↗

    The Legislature states that most water used in California is stored and supplied by groundwater basins, and that these basins face serious overdraft, depletion, seawater intrusion, and degraded water quality.

    ## Water Code - 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 7.5. Protection of Ground Water Basins [12920 - 12924] ( Chapter 7.5 added by Stats. 1961, Ch. 1620. ) ## ARTICLE 3. Declaration of Policy [12922 - 12922.1] ( Article 3 added by Stats. 1961, Ch. 1620. ) ## 12922.1. The Legislature finds and declares that the greater portion of the water used in this State is stored, regulated, distributed and furnished by its ground water basins, and that such basins are subject to critical conditions of overdraft, depletion, sea water intrusion and degraded water quality causing great detriment to the peace, health, safety and welfare of the people of the State. (Added by Stats. 1961, Ch. 1620.)
  179. 12923.

    ## Water Code - 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 7.5. Protection of Ground Water Basins [12920 - 12924] ( Chapter 7.5 added by Stats. 1961, Ch. 1620. ) ## ARTICLE 4. Declaration of Intent [12923 - 12924] ( Article 4 added by Stats. 1961, Ch. 1620. )

    Verify source ↗

    The department must do planning and review work for groundwater projects when funds are appropriated or plans are submitted, and it may provide technical assistance to local 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 7.5. Protection of Ground Water Basins [12920 - 12924] ( Chapter 7.5 added by Stats. 1961, Ch. 1620. ) ## ARTICLE 4. Declaration of Intent [12923 - 12924] ( Article 4 added by Stats. 1961, Ch. 1620. ) ## 12923. It is the intention of the Legislature that the department shall, whenever money has been appropriated for the purpose, initiate or participate in investigations, studies, plans and design criteria for construction of any project, or projects, deemed by the department to be practical, economically feasible and urgently needed to accomplish the purposes of this chapter. It is the further intention of the Legislature that upon the submission by any local agency, or agencies, to the department of plans and design criteria for any project, or projects, a review, evaluation and any necessary revision of such plans and design criteria shall be made by the department to insure that construction of such project, or projects, will accomplish the purposes of this chapter. It is the further intention of the Legislature that where a local agency, or agencies, has duly instituted a project, the department may provide technical assistance to the local agency. Any participation by the department shall be pursuant to a cooperative agreement between the department and local agency which clearly outlines the area of participation, the reporting procedure, and the maximum limitation upon cost. Funds for the technical assistance provided under this section shall be as set forth in the cooperative agreement with substantial participation or cost sharing, or both, by the local agency. (Amended by Stats. 1967, Ch. 1460.)
  180. 12923.1.

    ## 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 7.5. Protection of Ground Water Basins [12920 - 12924] ( Chapter 7.5 added by Stats. 1961, Ch. 1620. ) ## ARTICLE 4. Declaration of Intent [12923 - 12924] ( Article 4 added by Stats. 1961, Ch. 1620. )

    Verify source ↗

    The department must send its investigation, study, plan, and design-criteria results to the State Water Resources Control Board and the appropriate 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 7.5. Protection of Ground Water Basins [12920 - 12924] ( Chapter 7.5 added by Stats. 1961, Ch. 1620. ) ## ARTICLE 4. Declaration of Intent [12923 - 12924] ( Article 4 added by Stats. 1961, Ch. 1620. ) ## 12923.1. The results of the investigations and studies conducted and the plans and design criteria developed by the department pursuant to this article 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.)
  181. 12924.

    ## Water Code - 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 7.5. Protection of Ground Water Basins [12920 - 12924] ( Chapter 7.5 added by Stats. 1961, Ch. 1620. ) ## ARTICLE 4. Declaration of Intent [12923 - 12924] ( Article 4 added by Stats. 1961, Ch. 1620. )

    Verify source ↗

    The department must investigate, identify, and review groundwater basins, may revise basin boundaries, and must report its findings to the Governor and Legislature in years ending in five.

    ## Water Code - 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 7.5. Protection of Ground Water Basins [12920 - 12924] ( Chapter 7.5 added by Stats. 1961, Ch. 1620. ) ## ARTICLE 4. Declaration of Intent [12923 - 12924] ( Article 4 added by Stats. 1961, Ch. 1620. ) ## 12924. (a) The department, in conjunction with other public agencies, shall conduct an investigation of the state’s groundwater basins. The department shall identify the state’s groundwater basins on the basis of geological and hydrological conditions and consideration of political boundary lines whenever practical. The department shall also investigate existing general patterns of groundwater extraction and groundwater recharge within those basins to the extent necessary to identify basins that are subject to critical conditions of overdraft. (b) The department may revise the boundaries of groundwater basins identified in subdivision (a) based on its own investigations or information provided by others. (c) Notwithstanding Section 10231.5 of the Government Code, the department shall report its findings to the Governor and, in compliance with Section 9795 of the Government Code, the Legislature in years ending in five. (Amended by Stats. 2025, Ch. 14, Sec. 11. (SB 124) Effective June 27, 2025.)
  182. 12925.

    ## Water Code - 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 7.6. Groundwater Recharge Facilities Financing [12925 - 12928.6] ( Chapter 7.6 added by Stats. 1985, Ch. 1034, Sec. 1. ) ## ARTICLE 1. Short Title [12925- 12925.] ( Article 1 added by Stats. 1985, Ch. 1034, Sec. 1. )

    Verify source ↗

    This chapter may be cited as the Groundwater Recharge Facilities Financing 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 7.6. Groundwater Recharge Facilities Financing [12925 - 12928.6] ( Chapter 7.6 added by Stats. 1985, Ch. 1034, Sec. 1. ) ## ARTICLE 1. Short Title [12925- 12925.] ( Article 1 added by Stats. 1985, Ch. 1034, Sec. 1. ) ## 12925. This chapter shall be known and may be cited as the Groundwater Recharge Facilities Financing Act. (Added by Stats. 1985, Ch. 1034, Sec. 1.)
  183. 12926.

    ## Water Code - 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 7.6. Groundwater Recharge Facilities Financing [12925 - 12928.6] ( Chapter 7.6 added by Stats. 1985, Ch. 1034, Sec. 1. ) ## ARTICLE 2. Declaration of Policy [12926- 12926.] ( Article 2 added by Stats. 1985, Ch. 1034, Sec. 1. )

    Verify source ↗

    The Legislature declares that groundwater recharge helps conserve scarce water supplies and that the state should provide financial assistance for recharge and storage programs.

    ## Water Code - 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 7.6. Groundwater Recharge Facilities Financing [12925 - 12928.6] ( Chapter 7.6 added by Stats. 1985, Ch. 1034, Sec. 1. ) ## ARTICLE 2. Declaration of Policy [12926- 12926.] ( Article 2 added by Stats. 1985, Ch. 1034, Sec. 1. ) ## 12926. The Legislature finds and declares as follows: (a) Recharge is an effective way to maximize availability of scarce water supplies throughout the state. (b) There are many groundwater basins in the state that are in an overdraft condition. (c) It is necessary for the health, safety, and welfare of the people of the state that the groundwater basins of the state be recharged. (d) Many of the agencies that have responsibility for managing groundwater are unable to finance adequate groundwater recharge and storage programs, and it is in the interest of the people of California that the state provide financial assistance to implement these programs. (Added by Stats. 1985, Ch. 1034, Sec. 1.)
  184. 12927.

    ## Water Code - 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 7.6. Groundwater Recharge Facilities Financing [12925 - 12928.6] ( Chapter 7.6 added by Stats. 1985, Ch. 1034, Sec. 1. ) ## ARTICLE 3. Definitions [12927- 12927.] ( Article 3 added by Stats. 1985, Ch. 1034, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter, including “in-lieu recharge,” “project,” and “local agency” or “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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 7.6. Groundwater Recharge Facilities Financing [12925 - 12928.6] ( Chapter 7.6 added by Stats. 1985, Ch. 1034, Sec. 1. ) ## ARTICLE 3. Definitions [12927- 12927.] ( Article 3 added by Stats. 1985, Ch. 1034, Sec. 1. ) ## 12927. As used in this chapter, unless the context requires otherwise: (a) “In-lieu recharge” means accomplishing increased storage of groundwater by providing interruptible surface water to a user who relies on groundwater as a primary supply, to accomplish groundwater storage through the direct use of that surface water in lieu of pumping groundwater. In-lieu recharge would be used rather than continuing pumping while artificially recharging with the interruptible surface waters. (b) “Project” means land and facilities for artificial groundwater recharge through methods which include, but are not limited to, (1) percolation using basins, pits, ditches and furrows, modified streambed, flooding, and well injection or (2) in-lieu recharge. “Project” also means land and facilities already in use for the purpose of groundwater recharge. “Project” may include any of the following: (1) Instream facilities for regulation of water levels, but not regulation of streamflow by storage to accomplish diversion from the waterway. (2) Agency owned facilities for extraction. (3) Conveyance facilities to the recharge site, including devices for flow regulation and measurement of recharge waters. Any part or all of the project facilities, including the land under the facilities, may consist of the separable features, or an appropriate share of multipurpose features, of a larger system, or both. (c) “Local agency” or “agency” means any city, county, district, joint powers authority, or other political subdivision of the state involved with water management. (Added by Stats. 1985, Ch. 1034, Sec. 1.)
  185. 12928.

    ## Water Code - 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 7.6. Groundwater Recharge Facilities Financing [12925 - 12928.6] ( Chapter 7.6 added by Stats. 1985, Ch. 1034, Sec. 1. ) ## ARTICLE 4. Loans [12928 - 12928.6] ( Article 4 added by Stats. 1985, Ch. 1034, Sec. 1. )

    Verify source ↗

    The department administers the loan program and may make loans if specified findings are met; eligible loan contracts must include required terms, and no single project may receive more than $5,000,000.

    ## 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 7.6. Groundwater Recharge Facilities Financing [12925 - 12928.6] ( Chapter 7.6 added by Stats. 1985, Ch. 1034, Sec. 1. ) ## ARTICLE 4. Loans [12928 - 12928.6] ( Article 4 added by Stats. 1985, Ch. 1034, Sec. 1. ) ## 12928. (a) The money in the 1985 Water Conservation and Groundwater Recharge Bond Fund shall be available for appropriation by the Legislature for loans to local agencies to aid in the conduct of projects for artificial groundwater recharge and the purposes set forth in this section. The loan program shall be administered by the department. Administrative costs of the loan program shall be paid from moneys available therefor in the 1985 Water Conservation and Groundwater Recharge Bond Fund as appropriated by the Legislature in the annual Budget Bill. (b) The department may enter into a contract for a loan if it finds that the agency has the ability to repay the requested loan, that the project is economically justified, and that the project is feasible from an engineering and hydrogeologic viewpoint. However, any contract concerning an eligible project for artificial groundwater recharge shall include, in substance, all of the following: (1) An estimate of the reasonable cost and benefit of the project, including a feasibility report which shall set forth the economic justification and the engineering, hydrogeologic, and financial feasibility of the project, and shall include explanations of the proposed facilities and their relation to other water-related facilities in the basin or region. (2) An agreement by the agency to proceed expeditiously to complete the project in conformance with the approved plans and specifications and the feasibility report and to operate and maintain the project properly upon completion throughout the repayment period. (3) Loan contracts may not provide a moratorium on payment of principal or interest. (4) Loans shall be for a period of up to 25 years with an interest rate set annually by the department at 50 percent of the average interest rate paid by the state on general obligation bonds in the calendar year immediately preceding the year in which the loan agreement is executed. (5) No single project may receive more than five million dollars ($5,000,000) from the department. (Added by Stats. 1985, Ch. 1034, Sec. 1.)
  186. 12928.1.

    ## 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 7.6. Groundwater Recharge Facilities Financing [12925 - 12928.6] ( Chapter 7.6 added by Stats. 1985, Ch. 1034, Sec. 1. ) ## ARTICLE 4. Loans [12928 - 12928.6] ( Article 4 added by Stats. 1985, Ch. 1034, Sec. 1. )

    Verify source ↗

    The department must prioritize certain groundwater recharge projects, especially those in overdrafted basins, of critical need, with strong feasibility, or in areas with existing water management programs.

    ## Water Code - 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 7.6. Groundwater Recharge Facilities Financing [12925 - 12928.6] ( Chapter 7.6 added by Stats. 1985, Ch. 1034, Sec. 1. ) ## ARTICLE 4. Loans [12928 - 12928.6] ( Article 4 added by Stats. 1985, Ch. 1034, Sec. 1. ) ## 12928.1. The department shall give priority to projects of agencies located in overdrafted groundwater basins and those projects of critical need, to projects whose feasibility studies show the greatest economic justification and the greatest engineering and hydrogeologic feasibility as determined by the department, and to projects located in areas which have existing water management programs. (Added by Stats. 1985, Ch. 1034, Sec. 1.)
  187. 12928.2.

    ## 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 7.6. Groundwater Recharge Facilities Financing [12925 - 12928.6] ( Chapter 7.6 added by Stats. 1985, Ch. 1034, Sec. 1. ) ## ARTICLE 4. Loans [12928 - 12928.6] ( Article 4 added by Stats. 1985, Ch. 1034, Sec. 1. )

    Verify source ↗

    A loan contract under Section 12928 must get prior approval from the California Water Commission.

    ## Water Code - 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 7.6. Groundwater Recharge Facilities Financing [12925 - 12928.6] ( Chapter 7.6 added by Stats. 1985, Ch. 1034, Sec. 1. ) ## ARTICLE 4. Loans [12928 - 12928.6] ( Article 4 added by Stats. 1985, Ch. 1034, Sec. 1. ) ## 12928.2. A contract for a loan pursuant to Section 12928 shall require the prior approval of the California Water Commission. (Added by Stats. 1985, Ch. 1034, Sec. 1.)
  188. 12928.3.

    ## 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 7.6. Groundwater Recharge Facilities Financing [12925 - 12928.6] ( Chapter 7.6 added by Stats. 1985, Ch. 1034, Sec. 1. ) ## ARTICLE 4. Loans [12928 - 12928.6] ( Article 4 added by Stats. 1985, Ch. 1034, Sec. 1. )

    Verify source ↗

    The department must adopt rules and regulations for this chapter, including loan eligibility criteria, procedures, and terms needed to protect the state’s investment.

    ## Water Code - 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 7.6. Groundwater Recharge Facilities Financing [12925 - 12928.6] ( Chapter 7.6 added by Stats. 1985, Ch. 1034, Sec. 1. ) ## ARTICLE 4. Loans [12928 - 12928.6] ( Article 4 added by Stats. 1985, Ch. 1034, Sec. 1. ) ## 12928.3. The department shall adopt rules and regulations necessary to carry out the purposes of this chapter. The rules and regulations shall include, but not be limited to, criteria and procedures for establishing the eligibility of an agency and a project to qualify for loans, and any terms and conditions necessary to protect the investment of the state and to carry out the purposes of this chapter. (Added by Stats. 1985, Ch. 1034, Sec. 1.)
  189. 12928.4.

    ## 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 7.6. Groundwater Recharge Facilities Financing [12925 - 12928.6] ( Chapter 7.6 added by Stats. 1985, Ch. 1034, Sec. 1. ) ## ARTICLE 4. Loans [12928 - 12928.6] ( Article 4 added by Stats. 1985, Ch. 1034, Sec. 1. )

    Verify source ↗

    When the agency makes a loan contract, it must agree to protect the state, the department, and their employees from liability for damages tied to work on projects financed under 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 7.6. Groundwater Recharge Facilities Financing [12925 - 12928.6] ( Chapter 7.6 added by Stats. 1985, Ch. 1034, Sec. 1. ) ## ARTICLE 4. Loans [12928 - 12928.6] ( Article 4 added by Stats. 1985, Ch. 1034, Sec. 1. ) ## 12928.4. As a part of the contract for a loan, the agency shall agree to indemnify and hold and save the state, the department, and its employees free from any and all liability for damages that may arise out of the work performed on projects financed under this chapter. (Added by Stats. 1985, Ch. 1034, Sec. 1.)
  190. 12928.6.

    ## 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 7.6. Groundwater Recharge Facilities Financing [12925 - 12928.6] ( Chapter 7.6 added by Stats. 1985, Ch. 1034, Sec. 1. ) ## ARTICLE 4. Loans [12928 - 12928.6] ( Article 4 added by Stats. 1985, Ch. 1034, Sec. 1. )

    Verify source ↗

    Groundwater recharge projects under this chapter may qualify for funding under approved bond laws if they also meet that bond law’s eligibility rules.

    ## Water Code - 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 7.6. Groundwater Recharge Facilities Financing [12925 - 12928.6] ( Chapter 7.6 added by Stats. 1985, Ch. 1034, Sec. 1. ) ## ARTICLE 4. Loans [12928 - 12928.6] ( Article 4 added by Stats. 1985, Ch. 1034, Sec. 1. ) ## 12928.6. Groundwater recharge projects developed pursuant to this chapter shall be eligible for funding pursuant to any bond law previously or subsequently approved by the voters if the projects are otherwise eligible for funding under the bond law. (Added by Stats. 1985, Ch. 1034, Sec. 1.)
  191. 12929.

    ## Water Code - 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 7.7. Environmental Water Act of 1989 [12929 - 12929.46] ( Chapter 7.7 added by Stats. 1989, Ch. 715, Sec. 1. ) ## ARTICLE 1. General Provisions [12929 - 12929.2] ( Article 1 added by Stats. 1989, Ch. 715, Sec. 1. )

    Verify source ↗

    This chapter is named the Environmental Water Act of 1989 and may be cited by that name.

    ## Water Code - 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 7.7. Environmental Water Act of 1989 [12929 - 12929.46] ( Chapter 7.7 added by Stats. 1989, Ch. 715, Sec. 1. ) ## ARTICLE 1. General Provisions [12929 - 12929.2] ( Article 1 added by Stats. 1989, Ch. 715, Sec. 1. ) ## 12929. This chapter shall be known and may be cited as the Environmental Water Act of 1989. (Added by Stats. 1989, Ch. 715, Sec. 1.)
  192. 12929.1.

    ## 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 7.7. Environmental Water Act of 1989 [12929 - 12929.46] ( Chapter 7.7 added by Stats. 1989, Ch. 715, Sec. 1. ) ## ARTICLE 1. General Provisions [12929 - 12929.2] ( Article 1 added by Stats. 1989, Ch. 715, Sec. 1. )

    Verify source ↗

    The Legislature states that this chapter is intended to set out the purposes of the Environmental Water Fund, the Environmental Water Program, and the Water Quality 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 7.7. Environmental Water Act of 1989 [12929 - 12929.46] ( Chapter 7.7 added by Stats. 1989, Ch. 715, Sec. 1. ) ## ARTICLE 1. General Provisions [12929 - 12929.2] ( Article 1 added by Stats. 1989, Ch. 715, Sec. 1. ) ## 12929.1. It is the intent of the Legislature, in enacting this chapter, to prescribe the purposes of the Environmental Water Fund, and to create, and prescribe the purposes of, the Environmental Water Program and the Water Quality Program. (Added by Stats. 1989, Ch. 715, Sec. 1.)
  193. 12929.10.

    ## 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 7.7. Environmental Water Act of 1989 [12929 - 12929.46] ( Chapter 7.7 added by Stats. 1989, Ch. 715, Sec. 1. ) ## ARTICLE 2. Environmental Water Fund [12929.10 - 12929.15] ( Article 2 added by Stats. 1989, Ch. 715, Sec. 1. )

    Verify source ↗

    The Environmental Water Fund is created in the State Treasury, and specified money must be deposited into 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 7.7. Environmental Water Act of 1989 [12929 - 12929.46] ( Chapter 7.7 added by Stats. 1989, Ch. 715, Sec. 1. ) ## ARTICLE 2. Environmental Water Fund [12929.10 - 12929.15] ( Article 2 added by Stats. 1989, Ch. 715, Sec. 1. ) ## 12929.10. The Environmental Water Fund is hereby created in the State Treasury. There shall be deposited in the fund all moneys transferred or appropriated to the fund and all income derived from investment of moneys that are in the fund. (Added by Stats. 1989, Ch. 716, Sec. 4.)
  194. 12929.11.

    ## Water Code - 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 7.7. Environmental Water Act of 1989 [12929 - 12929.46] ( Chapter 7.7 added by Stats. 1989, Ch. 715, Sec. 1. ) ## ARTICLE 2. Environmental Water Fund [12929.10 - 12929.15] ( Article 2 added by Stats. 1989, Ch. 715, Sec. 1. )

    Verify source ↗

    The department must spend money from the Environmental Water Fund on projects or programs about the state’s water resources that provide significant environmental benefits.

    ## Water Code - 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 7.7. Environmental Water Act of 1989 [12929 - 12929.46] ( Chapter 7.7 added by Stats. 1989, Ch. 715, Sec. 1. ) ## ARTICLE 2. Environmental Water Fund [12929.10 - 12929.15] ( Article 2 added by Stats. 1989, Ch. 715, Sec. 1. ) ## 12929.11. The department shall expend the money appropriated to it from the Environmental Water Fund for projects or programs concerning the water resources of the state that will contribute significant environmental benefits. (Added by Stats. 1989, Ch. 715, Sec. 1.)
  195. 12929.12.

    ## 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 7.7. Environmental Water Act of 1989 [12929 - 12929.46] ( Chapter 7.7 added by Stats. 1989, Ch. 715, Sec. 1. ) ## ARTICLE 2. Environmental Water Fund [12929.10 - 12929.15] ( Article 2 added by Stats. 1989, Ch. 715, Sec. 1. )

    Verify source ↗

    The section states legislative intent for certain amounts to be appropriated to the Environmental Water Fund, and allows the director, with the Department of Finance, to accelerate payments if 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 7.7. Environmental Water Act of 1989 [12929 - 12929.46] ( Chapter 7.7 added by Stats. 1989, Ch. 715, Sec. 1. ) ## ARTICLE 2. Environmental Water Fund [12929.10 - 12929.15] ( Article 2 added by Stats. 1989, Ch. 715, Sec. 1. ) ## 12929.12. (a) It is the intent of the Legislature that sixty-five million dollars ($65,000,000) of the funds that may be transferred, pursuant to paragraph (3) of subdivision (b) of Section 12937, to the California Water Fund from the California Water Resources Development Bond Fund, shall be appropriated to the Environmental Water Fund. It is the intent of the Legislature, subject to subdivision (b), to appropriate to the Environmental Water Fund one million dollars ($1,000,000) in the 1990–91 fiscal year and eight million dollars ($8,000,000) per year in fiscal years 1991–92 to 1998–99, inclusive. However, the director, in consultation with the Department of Finance, may accelerate payments to the California Water Fund for appropriation to the Environmental Water Fund if the director deems it appropriate to do so. (b) It is the further intent of the Legislature that if the director determines that all or any portion of the amount that would otherwise be appropriated in any fiscal year to the Environmental Water Fund in accordance with subdivision (a), or to the Delta Flood Protection Fund pursuant to Section 12303, is required for continued construction of the State Water Resources Development System pursuant to Section 12938, the entire amount that would otherwise be appropriated to the Environmental Fund for that fiscal year shall be reduced to zero before any reduction is made in the amount to be appropriated to the Delta Flood Protection Fund. It is also the intent of the Legislature that any reduction in funds appropriated to the Environmental Water Fund and the Delta Flood Protection Fund pursuant to this subdivision be made up from funds transferred to the California Water Fund pursuant to paragraph (3) of subdivision (b) of Section 12937 in subsequent fiscal years. (Amended by Stats. 2006, Ch. 538, Sec. 676. Effective January 1, 2007.)
  196. 12929.13.

    ## Water Code - 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 7.7. Environmental Water Act of 1989 [12929 - 12929.46] ( Chapter 7.7 added by Stats. 1989, Ch. 715, Sec. 1. ) ## ARTICLE 2. Environmental Water Fund [12929.10 - 12929.15] ( Article 2 added by Stats. 1989, Ch. 715, Sec. 1. )

    Verify source ↗

    The Legislature states that certain reductions and transfers must continue until a reimbursement obligation to the California Water Fund is satisfied.

    ## Water Code - 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 7.7. Environmental Water Act of 1989 [12929 - 12929.46] ( Chapter 7.7 added by Stats. 1989, Ch. 715, Sec. 1. ) ## ARTICLE 2. Environmental Water Fund [12929.10 - 12929.15] ( Article 2 added by Stats. 1989, Ch. 715, Sec. 1. ) ## 12929.13. It is further the intent of the Legislature that the reductions and transfers described in Sections 11913, 12303, and 12929.12 shall continue until 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 is satisfied. (Added by Stats. 1989, Ch. 716, Sec. 6.)
  197. 12929.14.

    ## Water Code - 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 7.7. Environmental Water Act of 1989 [12929 - 12929.46] ( Chapter 7.7 added by Stats. 1989, Ch. 715, Sec. 1. ) ## ARTICLE 2. Environmental Water Fund [12929.10 - 12929.15] ( Article 2 added by Stats. 1989, Ch. 715, Sec. 1. )

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    The provision states legislative intent that $9 million per year be appropriated for environmental water program projects and programs during the 1994-95 through 1997-98 fiscal years.

    ## Water Code - 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 7.7. Environmental Water Act of 1989 [12929 - 12929.46] ( Chapter 7.7 added by Stats. 1989, Ch. 715, Sec. 1. ) ## ARTICLE 2. Environmental Water Fund [12929.10 - 12929.15] ( Article 2 added by Stats. 1989, Ch. 715, Sec. 1. ) ## 12929.14. It is the intent of the Legislature that nine million dollars ($9,000,000) per year be appropriated in the annual Budget Act for the 1994–95 to 1997–98 fiscal years, inclusive, to pay for programs and projects included in the environmental water program. (Amended by Stats. 1994, Ch. 626, Sec. 1. Effective January 1, 1995.)
  198. 12929.15.

    ## Water Code - 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 7.7. Environmental Water Act of 1989 [12929 - 12929.46] ( Chapter 7.7 added by Stats. 1989, Ch. 715, Sec. 1. ) ## ARTICLE 2. Environmental Water Fund [12929.10 - 12929.15] ( Article 2 added by Stats. 1989, Ch. 715, Sec. 1. )

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    The Legislature states that the department should allocate at least $1 million per year to Water Quality Program projects, using Environmental Water Fund appropriations, during the 1995-96 through 1997-98 fiscal years.

    ## Water Code - 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 7.7. Environmental Water Act of 1989 [12929 - 12929.46] ( Chapter 7.7 added by Stats. 1989, Ch. 715, Sec. 1. ) ## ARTICLE 2. Environmental Water Fund [12929.10 - 12929.15] ( Article 2 added by Stats. 1989, Ch. 715, Sec. 1. ) ## 12929.15. From the funds appropriated to the department from the Environmental Water Fund, it is the intent of the Legislature that the department allocate at least one million dollars ($1,000,000) per year, in the 1995–96 to 1997–98 fiscal years, inclusive, to programs and projects included in the Water Quality Program. However, not more than five million dollars ($5,000,000) of the funds appropriated to the Environmental Water Fund pursuant to Section 12929.12 shall be appropriated for this purpose. (Amended by Stats. 1994, Ch. 626, Sec. 2. Effective January 1, 1995.)
  199. 12929.2.

    ## 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 7.7. Environmental Water Act of 1989 [12929 - 12929.46] ( Chapter 7.7 added by Stats. 1989, Ch. 715, Sec. 1. ) ## ARTICLE 1. General Provisions [12929 - 12929.2] ( Article 1 added by Stats. 1989, Ch. 715, Sec. 1. )

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    This section defines several terms used in the 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 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 7.7. Environmental Water Act of 1989 [12929 - 12929.46] ( Chapter 7.7 added by Stats. 1989, Ch. 715, Sec. 1. ) ## ARTICLE 1. General Provisions [12929 - 12929.2] ( Article 1 added by Stats. 1989, Ch. 715, Sec. 1. ) ## 12929.2. As used in this chapter, the following terms have the following meanings: (a) “Department” means the Department of Water Resources. (b) “Board” means the State Water Resources Control Board. (c) “Mono Lake Basin” means Mono Lake and its watershed. (d) “Environmental Water Program” means the Environmental Water Program created pursuant to Article 3 (commencing with Section 12929.20). (e) “Mono Lake Committee” means the California nonprofit citizens organization formed to save Mono Lake. (f) “Water Quality Program” means the Water Quality program created pursuant to Article 4 (commencing with Section 12929.30). (Added by Stats. 1989, Ch. 715, Sec. 1.)
  200. 12929.20.

    ## Water Code - 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 7.7. Environmental Water Act of 1989 [12929 - 12929.46] ( Chapter 7.7 added by Stats. 1989, Ch. 715, Sec. 1. ) ## ARTICLE 3. Environmental Water Program [12929.20 - 12929.27] ( Article 3 added by Stats. 1989, Ch. 715, Sec. 1. )

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    The department must use money from the Environmental Water Fund, after accepting an application under Section 12929.21, to preserve the wildlife and environment of the Mono Lake Basin.

    ## Water Code - 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 7.7. Environmental Water Act of 1989 [12929 - 12929.46] ( Chapter 7.7 added by Stats. 1989, Ch. 715, Sec. 1. ) ## ARTICLE 3. Environmental Water Program [12929.20 - 12929.27] ( Article 3 added by Stats. 1989, Ch. 715, Sec. 1. ) ## 12929.20. The Legislature hereby finds and declares that diversions of water out of the Mono Lake Basin by the City of Los Angeles have lowered the water level of Mono Lake and that future water diversions need to be managed to protect Mono Lake and the Mono Lake Basin. The department, upon acceptance of an application or applications pursuant to Section 12929.21, shall expend money available from the Environmental Water Fund to preserve the wildlife and environment of the Mono Lake Basin. (Added by Stats. 1989, Ch. 715, Sec. 1.)

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