Water Code
Part 8 of 51 · provisions 1,401–1,600
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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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- 12929.21. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 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. )
The City of Los Angeles and the Mono Lake Committee may submit grant applications to the department to protect and preserve 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. ) ## 12929.21. The City of Los Angeles, jointly with the Mono Lake Committee, may submit one or more grant applications to the department to protect and preserve the Mono Lake Basin. The grant applications shall benefit and enhance the lake’s ecosystem and contribute to permanent protection of the Mono Lake Basin environment, including, but not limited to, nesting and migratory bird populations, air quality, fish, and other wildlife, as well as provide replacement water and power to the city. Any project funded by a grant shall not unreasonably affect fish, wildlife, or other instream beneficial uses. (Added by Stats. 1989, Ch. 715, Sec. 1.) - 12929.22. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 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. )
Funds for eligible projects must be used only for eligible projects, the City of Los Angeles is the sole grantee, and the city may not use money under this chapter to buy water from the Metropolitan Water District of Southern California.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 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. ) ## 12929.22. Funds expended for purposes of Section 12929.20 shall be expended only for an eligible project which is consistent with a grant application pursuant to Section 12929.21. The City of Los Angeles shall be the sole grantee for any funds expended for an eligible project. For purposes of this section, “eligible project” means a water or power conservation project, a waste water reclamation project, a conjunctive use program, a groundwater recharge project, the enlargement of existing water or power facilities owned by the City of Los Angeles, electric power production facilities, or a water marketing program. Priority shall be given to projects or programs that conserve water or power that has been previously developed. It is the intent of the Legislature that eligible projects are intended to find replacement water and power for the City of Los Angeles and to limit any impact of reduced diversions from the Mono Lake Basin on statewide water and power supplies, except for any reduced diversions ordered as specified in Section 12929.24. No money made available pursuant to this chapter shall be spent by the city to buy water from the Metropolitan Water District of Southern California. (Added by Stats. 1989, Ch. 715, Sec. 1.) - 12929.23. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 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. )
Before July 1, 1994, 60% of Environmental Water Program funds had to be reserved for Section 12929.21 applications. After that date, reserved and future program funds may be used for Mono Lake Basin protection or for programs and projects listed in Section 12929.26.
## 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 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. ) ## 12929.23. Until June 30, 1994, 60 percent of the funds that have been appropriated to the Environmental Water Program shall be reserved exclusively for the funding of applications pursuant to Section 12929.21. Applicants may also apply for funds that may be appropriated in the future to the Environmental Water Program. After July 1, 1994, all funds reserved by this section and all other funds that may be appropriated to the Environmental Water Program may be used either to protect and preserve the Mono Lake Basin or for programs and projects listed in Section 12929.26. (Added by Stats. 1989, Ch. 715, Sec. 1.) - 12929.24. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 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. )
The state must not accept certain funding applications that would use state money to replace water or power supplies lost by the City of Los Angeles in connection with 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. ) ## 12929.24. The state shall not accept any application for funds pursuant to Section 12929.21 that would expend any state money to replace water or power supplies lost by the City of Los Angeles because of a final court judgment or final board order regarding the Mono Lake Basin. (Added by Stats. 1989, Ch. 715, Sec. 1.) - 12929.25. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 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. )
This chapter does not change the rights or obligations of parties involved in litigation about 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. ) ## 12929.25. This chapter does not affect the rights or obligations of any party involved in litigation regarding the Mono Lake Basin. (Added by Stats. 1989, Ch. 715, Sec. 1.) - 12929.26. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 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. )
This section lists projects that may be funded under the chapter and requires the department to confer with appropriate state and federal agencies about project feasibility.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 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. ) ## 12929.26. Other purposes eligible for funding under this chapter, subject to approval by the Legislature in the annual budget process, include all of the following: (a) Restoration and enhancement of fisheries on the Upper Sacramento River, San Joaquin River, and elsewhere. Primary emphasis shall be on restoring and enhancing fisheries habitat. (b) Acquisition, restoration, and enhancement of wetlands on the Pacific Flyway and elsewhere. (c) Acquisition, restoration, and enhancement of riparian habitat on the Sacramento River, San Joaquin River, Sacramento-San Joaquin River Delta, and elsewhere. The department shall confer with appropriate state and federal agencies on the feasibility of eligible projects. (Added by Stats. 1989, Ch. 715, Sec. 1.) - 12929.27. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 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. )
Los Angeles must file a grant application for a voluntary water conservation program, and the utility may not charge ratepayers for the program except in a limited equipment-installation fee.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 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. ) ## 12929.27. (a) The City of Los Angeles shall submit a grant application to the department pursuant to Section 12929.21 for the purpose of implementing a voluntary water conservation program in the City of Los Angeles that benefits the ecosystem of Mono Lake. (b) The voluntary water conservation program that is the subject of the grant application shall provide for all of the following: (1) The use of community-based organizations, in cooperation and consultation with the Los Angeles Department of Water and Power, to carry out the program, and to perform water audits and provide and install residential, commercial, industrial, and agricultural water conservation equipment in the service area of the Los Angeles Department of Water and Power in connection with the program. (2) The training of community-based organizations that participate in the program and the training of persons who are selected by the organizations to perform water audits, install water conservation equipment, or perform other services in connection with the program. (3) Notice of the program to the ratepayers of the Los Angeles Department of Water and Power. (c) The Los Angeles Department of Water and Power may not impose a charge on its ratepayers to pay for the water conservation program, except that it may impose a fee on the ratepayers who contract for the installation of water conservation equipment in connection with the program to pay for up to 20 percent of the cost of the equipment and the installation of the equipment. (Added by Stats. 1994, Ch. 626, Sec. 3. Effective January 1, 1995.) - 12929.30. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 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 4. Water Quality Program [12929.30 - 12929.31] ( Article 4 added by Stats. 1989, Ch. 715, Sec. 1. )
This section defines the Water Quality Program as state-wide public agency projects or programs that reduce agricultural drainage water or improve its 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 7.7. Environmental Water Act of 1989 [12929 - 12929.46] ( Chapter 7.7 added by Stats. 1989, Ch. 715, Sec. 1. ) ## ARTICLE 4. Water Quality Program [12929.30 - 12929.31] ( Article 4 added by Stats. 1989, Ch. 715, Sec. 1. ) ## 12929.30. The Water Quality Program includes projects or programs of public agencies throughout the state that will either (1) reduce the amounts of agricultural drainage water or (2), improve the quality of agricultural drainage water with the result of improving the quality of water used for agricultural, municipal, or industrial purposes. (Added by Stats. 1989, Ch. 715, Sec. 1.) - 12929.31. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 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 4. Water Quality Program [12929.30 - 12929.31] ( Article 4 added by Stats. 1989, Ch. 715, Sec. 1. )
This section says the Legislature intended Water Quality Program funds to be used for studies on reducing, containing, treating, storing, and disposing of agricultural drainage water, and it defines “treatment 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 7.7. Environmental Water Act of 1989 [12929 - 12929.46] ( Chapter 7.7 added by Stats. 1989, Ch. 715, Sec. 1. ) ## ARTICLE 4. Water Quality Program [12929.30 - 12929.31] ( Article 4 added by Stats. 1989, Ch. 715, Sec. 1. ) ## 12929.31. (a) It is the intent of the Legislature that the funds provided to the department from the Water Quality Program be used for studies to investigate cost-effective reduction methods, containment structures, and treatment facilities for the treatment, storage, and disposal of agricultural drainage water. (b) For purposes of this section, “treatment facilities” means facilities or works to treat agricultural drainage water to remove or substantially reduce the level of constituents which pollute or threaten to pollute the waters of the state, including, but not limited to, processes utilizing ion exchange, desalting technologies such as reverse osmosis, biological treatment, agriforestry, and cogeneration. (Added by Stats. 1989, Ch. 715, Sec. 1.) - 12929.40. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 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 5. Administrative Provisions [12929.40 - 12929.46] ( Article 5 added by Stats. 1989, Ch. 715, Sec. 1. )
When preparing funding recommendations under this chapter, the department must consult specified public and government stakeholders.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 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 5. Administrative Provisions [12929.40 - 12929.46] ( Article 5 added by Stats. 1989, Ch. 715, Sec. 1. ) ## 12929.40. In developing its recommendations for the appropriation of funds pursuant to this chapter, the department shall consult with the Department of Fish and Game and other appropriate local, state, and federal agencies and interested private groups and members of the public. (Added by Stats. 1989, Ch. 715, Sec. 1.) - 12929.41. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 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 5. Administrative Provisions [12929.40 - 12929.46] ( Article 5 added by Stats. 1989, Ch. 715, Sec. 1. )
Programs and projects under this chapter may be carried out through direct department spending, loans to public and private agencies, grants to public agencies, or any combination of those methods.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 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 5. Administrative Provisions [12929.40 - 12929.46] ( Article 5 added by Stats. 1989, Ch. 715, Sec. 1. ) ## 12929.41. (a) Programs and projects pursuant to this chapter may be undertaken by means of any of the following: (1) Direct expenditure by the department. (2) Loans to public and private agencies. (3) Grants to public agencies. (4) Any combination of paragraphs (1), (2), and (3). (b) All grants shall be matched by at least an equal amount from the applicant public agency. (Added by Stats. 1989, Ch. 715, Sec. 1.) - 12929.42. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 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 5. Administrative Provisions [12929.40 - 12929.46] ( Article 5 added by Stats. 1989, Ch. 715, Sec. 1. )
The department may seek participation or cost sharing from program beneficiaries and local entities, and may also seek federal funds or assistance from federal agencies with related 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 7.7. Environmental Water Act of 1989 [12929 - 12929.46] ( Chapter 7.7 added by Stats. 1989, Ch. 715, Sec. 1. ) ## ARTICLE 5. Administrative Provisions [12929.40 - 12929.46] ( Article 5 added by Stats. 1989, Ch. 715, Sec. 1. ) ## 12929.42. The department may seek participation by, or a sharing of costs with, the beneficiaries of programs and projects undertaken pursuant to this chapter, including, but not limited to, public and private local entities. The department may also seek federal funds or participation by, cost sharing with, or financial assistance from, federal agencies which have related programs. (Added by Stats. 1989, Ch. 715, Sec. 1.) - 12929.43. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 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 5. Administrative Provisions [12929.40 - 12929.46] ( Article 5 added by Stats. 1989, Ch. 715, Sec. 1. )
Money may be spent under this chapter, including for acquiring interests in 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 7.7. Environmental Water Act of 1989 [12929 - 12929.46] ( Chapter 7.7 added by Stats. 1989, Ch. 715, Sec. 1. ) ## ARTICLE 5. Administrative Provisions [12929.40 - 12929.46] ( Article 5 added by Stats. 1989, Ch. 715, Sec. 1. ) ## 12929.43. Money may be expended pursuant to this chapter for, among other purposes, acquisition of interests in real property. (Added by Stats. 1989, Ch. 715, Sec. 1.) - 12929.44. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 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 5. Administrative Provisions [12929.40 - 12929.46] ( Article 5 added by Stats. 1989, Ch. 715, Sec. 1. )
The department may adopt rules and regulations it considers necessary 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 7.7. Environmental Water Act of 1989 [12929 - 12929.46] ( Chapter 7.7 added by Stats. 1989, Ch. 715, Sec. 1. ) ## ARTICLE 5. Administrative Provisions [12929.40 - 12929.46] ( Article 5 added by Stats. 1989, Ch. 715, Sec. 1. ) ## 12929.44. The department may adopt rules and regulations as it determines to be necessary to carry out this chapter. (Added by Stats. 1989, Ch. 715, Sec. 1.) - 12929.45. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 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 5. Administrative Provisions [12929.40 - 12929.46] ( Article 5 added by Stats. 1989, Ch. 715, Sec. 1. )
A contract for a grant or loan under this chapter must include specified provisions about cost estimates, project completion, operation, maintenance, repayment, and possible federal assistance.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 7.7. Environmental Water Act of 1989 [12929 - 12929.46] ( Chapter 7.7 added by Stats. 1989, Ch. 715, Sec. 1. ) ## ARTICLE 5. Administrative Provisions [12929.40 - 12929.46] ( Article 5 added by Stats. 1989, Ch. 715, Sec. 1. ) ## 12929.45. Any contract for a grant or loan entered into pursuant to this chapter shall include, but not be limited to, all of the following provisions: (a) An estimate of the reasonable cost of the project or program. (b) An agreement by the borrower or grantee to proceed expeditiously with, and complete, the project or program; to commence operation of any project upon completion and to properly operate and maintain the project in accordance with applicable provisions of law; to provide for the payment of the agency’s share of the cost of the project or program, including the principal of, and the interest on, any state loan made pursuant to this chapter; and if appropriate, to apply for, and make reasonable efforts to secure, federal assistance for the project or program. (Added by Stats. 1989, Ch. 715, Sec. 1.) - 12929.46. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 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 5. Administrative Provisions [12929.40 - 12929.46] ( Article 5 added by Stats. 1989, Ch. 715, Sec. 1. )
Loan repayments received under this chapter must be deposited into the fund from which the loan was made.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 7.7. Environmental Water Act of 1989 [12929 - 12929.46] ( Chapter 7.7 added by Stats. 1989, Ch. 715, Sec. 1. ) ## ARTICLE 5. Administrative Provisions [12929.40 - 12929.46] ( Article 5 added by Stats. 1989, Ch. 715, Sec. 1. ) ## 12929.46. All loan repayments received pursuant to this chapter shall be deposited in the fund from which the loan was made. (Added by Stats. 1989, Ch. 715, Sec. 1.) - 12930. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. )
This chapter is named the California Water Resources Development Bond Act 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 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. ) ## 12930. This chapter shall be known and may be cited as the California Water Resources Development Bond Act. (Added by Stats. 1959, Ch. 1762.) - 12931. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. )
This chapter creates funding for California water development projects and limits how bond-funded facilities may be used.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. ) ## 12931. The object of this chapter is to provide funds to assist in the construction of a State Water Resources Development System for the State of California. Said system shall be comprised of the State Water Facilities as defined in Section 12934(d) hereof and such additional facilities as may now or hereafter be authorized by the Legislature as a part of (1) the Central Valley Project or (2) the California Water Plan, and including such other additional facilities as the department deems necessary and desirable to meet local needs, including, but not restricted to, flood control, and to augment the supplies of water in the Sacramento-San Joaquin Delta and for which funds are appropriated pursuant to this chapter. The enactment of this chapter shall not be construed as creating any right to water or the use thereof nor as affecting any existing legislation with respect to water or water rights, except as expressly provided herein, nor shall anything herein contained affect or be construed as affecting vested water rights. Any facilities heretofore or hereafter authorized as a part of the Central Valley Project or facilities which are acquired or constructed as a part of the State Water Resources Development System with funds made available hereunder shall be acquired, constructed, operated, and maintained pursuant to the provisions of the code governing the Central Valley Project, as said provisions may now or hereafter be amended. For the purposes of this chapter the Sacramento-San Joaquin Delta shall be deemed to be within the watershed of the Sacramento River. No facility constructed in whole or in part with funds made available by this chapter shall be used to transport water the right to which was secured through eminent domain by others than the State unless approved by the Legislature by concurrent resolution with a majority of the members elected to each house voting in favor thereof. (Added by Stats. 1959, Ch. 1762.) - 12932. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. )
This section adopts the State General Obligation Bond Law for these bonds, unless it conflicts with this chapter’s express provisions.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. ) ## 12932. Insofar as it is not inconsistent with the express provisions of this chapter, the State General Obiligation Bond Law (Chapter 4 (commencing at Section 16720) of Part 3, Division 4, Title 2 of the Government Code), is adopted for the purpose of the issuance, sale, and repayment of, and otherwise providing with respect to, the bonds authorized to be issued by this chapter, and the provisions of that law are included in this chapter as though set out in full in this chapter. All references in this chapter to “herein” shall be deemed to refer both to this chapter and such law. (Added by Stats. 1959, Ch. 1762.) - 12933. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. )
This section creates the California Water Resources Development Finance Committee and says its members serve without pay.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. ) ## 12933. There is hereby created a California Water Resources Development Finance Committee composed of the Governor, the State Treasurer, the State Controller, Director of Finance and Director of Water Resources, all of whom shall serve without compensation, and the majority of whom shall be empowered to act for said committee. The Director of Finance shall provide such assistance, and the Attorney General shall furnish such legal advice, to the California Water Resources Development Finance Committee as it may require. (Added by Stats. 1959, Ch. 1762.) - 12934. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. )
This section defines key terms used in the chapter and 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 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. ) ## 12934. As used in this chapter and for the purposes of this chapter as used in the State General Obligation Bond Law, the following words shall have the following meanings: (a) “Committee” shall mean the California Water Resources Development Finance Committee created by Section 12933. (b) “Board” or “department” shall mean the Department of Water Resources. (c) “Fund” shall mean the California Water Resources Development Bond Fund created by Section 12935. (d) “State Water Facilities” shall mean the following facilities: (1) A multiple purpose dam and reservoir on the Feather River in the vicinity of Oroville, Butte County, and dams and reservoirs upstream therefrom in Plumas County in the vicinity of Frenchman, Grizzly Valley, Abbey Bridge, Dixie Refuge and Antelope Valley; (2) An aqueduct system which will provide for the transportation of water from a point or points at or near the Sacramento-San Joaquin Delta to termini in the Counties of Marin, Alameda, Santa Clara, Santa Barbara, Los Angeles and Riverside, and for delivery of water both at such termini and at canal-side points en route, for service in Solano, Napa, Sonoma, Marin, Alameda, Contra Costa, Santa Clara, San Benito, Santa Cruz, Fresno, Tulare, Kings, Kern, Los Angeles, Ventura, San Bernardino, Riverside, Orange, San Diego, San Luis Obispo, Monterey and Santa Barbara Counties. Said aqueduct system shall consist of intake and diversion works, conduits, tunnels, siphons, pipelines, dams, reservoirs, and pumping facilities, and shall be composed of a North Bay aqueduct extending to a terminal reservoir in Marin County; a South Bay aqueduct extending to terminal reservoirs in the Counties of Alameda and Santa Clara; a reservoir near Los Banos in Merced County; a Pacheco Pass Tunnel aqueduct from a reservoir near Los Banos in Merced County to a terminus in Pacheco Creek in Santa Clara County; a San Joaquin Valley-Southern California aqueduct extending to termini in the vicinity of Newhall, Los Angeles County, and Perris, Riverside County, and having a capacity of not less than 2,500 cubic feet per second at all points north of the northerly boundary of the County of Los Angeles in the Tehachapi Mountains in the vicinity of Quail Lake and a capacity of not less than 10,000 cubic feet per second at all points north of the initial offstream storage reservoir; a coastal aqueduct beginning on the San Joaquin Valley-Southern California aqueduct in the vicinity of Avenal, Kings County, and extending to a terminal at the Santa Maria River; (3) Master levees, control structures, channel improvements, and appurtenant facilities in the Sacramento-San Joaquin Delta for water conservation, water supply in the Delta, transfer of water across the Delta, flood and salinity control, and related functions. (4) Facilities for removal of drainage water from the San Joaquin Valley. (5) Facilities for the generation and transmission of electrical energy. (6) Provision for water development facilities for local areas as provided in Chapter 5 (commencing at Section 12880) of Part 6 of Division 6 of the Water Code as the same may now or hereafter be amended. (7) Including for the foregoing (1 through 5) the relocation of utilities and highways and acquisition of all lands, rights of way, easements, machinery, equipment, apparatus, and all appurtenances necessary or convenient therefor. (Added by Stats. 1959, Ch. 1762.) - 12935. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. )
The committee is authorized to create specified State of California debt or liabilities up to $1,750,000,000 for the California Water Resources Development Bond 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 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. ) ## 12935. For the purpose of creating a fund, herein designated the California Water Resources Development Bond Fund, to provide for the acquisition, construction and completion of the State Water Facilities herein specified and, to the extent provided in Section 12938, for additions to the State Water Resources Development System, the committee shall be and is hereby authorized and empowered to create a debt or debts, liability or liabilities of the State of California in the aggregate principal amount of one billion seven hundred fifty million dollars ($1,750,000,000) in the manner and to the extent herein provided, but not otherwise nor in excess thereof. (Added by Stats. 1959, Ch. 1762.) - 12935.5. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. )
This section creates the California Water Resources Development Bond Account and directs certain funds to be deposited, used, and spent under specified 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 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. ) ## 12935.5. (a) There is hereby established, within the California Water Resources Development Bond Fund, the California Water Resources Development Bond Account. (b) Notwithstanding Section 13340 of the Government Code, all moneys in the account are continuously appropriated, without regard to fiscal year, to the department and shall be available for the purposes provided in Section 12935. (c) Pursuant to Section 80400, payments of certain credits received by the department are required to be deposited into the account. The use of the payments shall be consistent with all of the following: (1) The payments shall be expended for a purpose that is consistent with state law. (2) Acceptance of the payments does not impose on the state any requirement to commit or expend new state funds for any program or purpose. (3) The need exists to expend the payments during the 2023–24 fiscal year. (4) The use of the payments shall be consistent with the priorities described in subdivision (a) of Section 38590.1 of the Health and Safety Code. (Added by Stats. 2023, Ch. 53, Sec. 12. (SB 124) Effective July 10, 2023.) - 12936. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. )
Authorized bonds become binding state obligations, and their principal and interest must be paid. The section also limits maturity dates and lets the committee set different dates for different series.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. ) ## 12936. All bonds herein authorized, which shall 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. Notwithstanding the provisions of subdivision (b) of Section 16731 of the Government Code, the first date or dates of maturity of any series of bonds issued under this chapter shall be not more than 10 years, and the last dates of maturity of any such series of bonds may be fixed at any date or dates to and including 50 years, after the date of that series. The committee may fix different dates for the bonds of each series and the bonds of any series may be made to mature and become payable at different times from those of any other series; provided, that the maturity dates of each separate series shall comply with the provisions of this section. (Added by Stats. 1959, Ch. 1762.) - 12937. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. )
This section directs how bond interest and principal are paid, including annual collections, fund transfers, and use of water-system revenues.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. ) ## 12937. The ways and means for the payment of the interest on and the principal of such bonds shall be as follows: (a) There shall be collected annually in the same manner and at the same time as other state revenue is collected such a sum, in addition to the ordinary revenues of the State, as shall be required to pay the principal and interest on said bonds as herein provided, and it is hereby made the duty of all officers charged by law with any duty in regard to the collection of said revenue, to do and perform each and every act which shall be necessary to collect such additional sum. There is hereby appropriated from the General Fund in the State Treasury such sum annually as will be necessary to pay the principal of and the interest on the bonds issued and sold pursuant to the provisions of this chapter, as said principal and interest become due and payable. On the several dates on which funds are remitted pursuant to Section 16676 of the Government Code for the payment of the then maturing principal and interest on the bonds, to wit, on the several dates of maturity of said principal and interest in each fiscal year there shall be transferred into the General Fund in the State Treasury from revenues deposited in the fund as provided in subdivision (b) of this Section 12937, and from any accrued interest and premiums received on any sale, or sales of the bonds, so far as available therein, amounts equal to, but not in excess of, all sums so becoming due for principal and interest and in the event such money received from such sources and so returned on said remittance dates is less than the principal and interest then due and payable then the balance remaining unpaid shall be transferred to the General Fund out of moneys in the fund received from such sources as soon thereafter as it shall become available, together with simple interest thereon, from such remittance dates until so returned at the same rate as borne by the bonds. (b) All revenues derived from the sale, delivery or use of water or power, and all other income or revenue, derived by the State, from the State Water Resources Development System shall be deposited in a special account or accounts in the California Water Resources Development Bond Fund and shall be accounted for and used annually only for the following purposes and in the following order, to wit: 1. The payment of the reasonable costs of the annual maintenance and operation of the State Water Resources Development System and the replacement of any parts thereof. 2. The annual payment of the principal of and interest on the bonds issued pursuant to this chapter. 3. Transfer to the California Water Fund as reimbursement for funds utilized from said fund for construction of the State Water Resources Development System. 4. Any surplus revenues in each year not required for the purpose specified in the foregoing subparagraphs (1), (2) and (3) of this subdivision (b) of Section 12937 and not required to be transferred to the General Fund pursuant to subparagraph (a) of this Section 12937, shall, during the time any of the bonds authorized herein are outstanding, be deposited in a special account in the California Water Resources Development Bond Fund and are hereby appropriated for use and shall be available for expenditure by the department for acquisition and construction of the State Water Resources Development System as described in Section 12931 hereof. All such revenues shall constitute a trust fund and are hereby pledged for the uses and purposes above set forth and such pledge shall inure to the direct benefit of the owners and holders of all general obligation bonds issued under this chapter. The department, subject to such terms and conditions as may be prescribed by the Legislature, shall enter into contracts for the sale, delivery or use of water or power, or for other services and facilities, made available by the State Water Resources Development System with public or private corporations, entities, or individuals. Such contracts shall not be impaired by subsequent acts of the Legislature during the time when any of the bonds authorized herein are outstanding and the State may sue and be sued with respect to said contracts. Said contracts shall be for a stated term and, insofar as practicable and feasible, for the full term of the life of the general obligation bonds issued under this chapter and each such contract shall recite (i) that it is entered into for the direct benefit of the holders and owners of all general obligation bonds issued under this chapter, and (ii) that the income and revenues derived from such contracts are pledged to the purposes and in the priority herein set forth. Such pledge of revenues as herein set forth is hereby declared to be and shall constitute an essential term of this chapter and upon its ratification by the people of the State of California shall be binding upon the State so long as any general obligation bonds authorized hereunder are outstanding and unpaid. Such income and revenues, subject to the priorities herein set forth, shall constitute additional security for all of the bonds authorized and issued hereunder irrespective of the date of their issuance and sale and so long as any of the bonds authorized and issued hereunder, or the interest thereon, are unpaid, such income and revenues shall not be used for any other purpose. The bonds authorized hereunder shall be equally secured by a lien upon all income and revenues derived from the State Water Resources Development System without priority for number, amount, date of bonds, of sale, of execution, or of delivery pursuant to this chapter. Notwithstanding the pledge of revenues herein contained, the State of California shall remain liable for the payment of the principal of and interest upon all of the bonds authorized and issued under this chapter. (Added by Stats. 1959, Ch. 1762.) - 12938. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. )
Bond sale proceeds must be deposited into the specified fund and generally cannot be transferred to the General Fund.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. ) ## 12938. All proceeds from the sale of the bonds herein authorized shall be deposited in the fund as provided in Section 16757 of the Government Code and shall be available for the purpose provided in Section 12935, but, except only as to accrued interest and any premiums received on any sale, or sales, of the bonds, shall not be available for transfer to the General Fund. All moneys deposited in the fund are hereby appropriated to the department for expenditure and allocation by the department without regard to fiscal years for the State Water Facilities as herein defined and, to the extent provided in this Section 12938, for additions to the State Water Resources Development System. Of the total amount of the bonds authorized herein, one hundred thirty million dollars ($130,000,000) and no more shall be available exclusively for the provision of water development facilities for local areas as set forth in subdivision (d)(6) of Section 12934. Any money in the California Water Fund, and any surplus revenue as described in Section 12937(b)4, available for expenditure for the State Water Resources Development System shall be used for the construction of the State Water Facilities in lieu of the proceeds of bonds authorized by this chapter. The use of the proceeds of bonds for such construction shall be decreased by an amount equal to that hereafter expended from the California Water Fund for the construction of State Water Facilities. To the extent that money is expended from the California Water Fund for construction of the State Water Facilities, proceeds from the sale of bonds authorized pursuant to this act in an equal amount, is appropriated and shall be expended for the construction of such additional facilities of the State Water Resources Development System as the department shall determine to be necessary and desirable to meet local needs, including, but not restricted to, flood control, and to augment the supplies of water in the Sacramento-San Joaquin Delta from multiple purpose dams, reservoirs, aqueducts and appurtenant works in the watersheds of the Sacramento, Eel, Trinity, Mad, Van Duzen and Klamath Rivers for use in the State Water Resources Development System, and the department is authorized to construct any and all facilities for which funds are appropriated to it for expenditure pursuant to this chapter. Such additional facilities for local needs shall include those necessary to conserve or develop water which is tributary to the stream upon which any of the facilities of the State Water Resources Development System are constructed and it shall be the duty of the department to diligently plan such full development and submit plans and reports thereon to the Legislature. All moneys in the California Water Fund and all accruals thereto are hereby appropriated to the department for expenditure and allocation by the department without regard to fiscal years for the State Water Resources Development System as defined in Section 12931 except that in any fiscal year the Legislature may appropriate for any lawful purpose any money in the California Water Fund which is unexpended at the beginning of that fiscal year and any money accruing to that fund during the fiscal year. (Added by Stats. 1959, Ch. 1762.) - 12938.1. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. )
When the department spends money under this chapter, it must follow Article 2 of Chapter 3, Part 3, Division 3, Title 2 of the Government Code.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. ) ## 12938.1. The provisions of Article 2 (commencing with Section 13320) of Chapter 3, Part 3, Division 3, Title 2 of the Government Code are applicable to the department with respect to expenditures of money pursuant to this chapter. (Added by Stats. 1961, Ch. 1955.) - 12938.2. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. )
The Department of Finance must identify certain proposed revenues and expenditures in the annual Governor’s Budget.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. ) ## 12938.2. The Department of Finance shall identify in the annual Governor’s Budget the proposed revenues and expenditures for the four purposes identified in subdivision (b) of Section 12937. The data shall be organized on a fiscal year basis and shall include (1) an estimate of total revenues for the four purposes by revenue source, and (2) a detailed statement of expenditures for the past, current, and future fiscal years. (Added by Stats. 1983, Ch. 323, Sec. 93.9. Effective July 1, 1983.) - 12938.3. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. )
The Treasurer may set up separate accounts for certain bond proceeds and earnings, and may use those funds for federal-law-required 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 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. ) ## 12938.3. 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 renumbering Section 12938.2 (as added by Stats. 1991, Ch. 652, Sec. 29) by Stats. 2015, Ch. 303, Sec. 554. (AB 731) Effective January 1, 2016.) - 12939. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. )
After a written request from the board with expenditure details, the committee must decide whether bond issuance is necessary or desirable and, if so, how much 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 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. ) ## 12939. Upon the written request of the board, supported by a statement of the expenditures made and to be made for the State Water Resources Development System, the committee shall determine whether or not it is necessary or desirable to issue any bonds authorized under this chapter in order to make those expenditures and, if so, the amount of bonds then to be issued and sold. Successive issues of bonds may be authorized and sold to make those expenditures progressively and it shall not be necessary that all of the bonds herein authorized to be issued shall be sold at any one time. (Amended by Stats. 2001, Ch. 745, Sec. 232.1. Effective October 12, 2001.) - 12940. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. )
The committee may arrange exchanges and different denominations of bonds, and may provide for bond authentication by the State Controller or a deputy state controller.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. ) ## 12940. If any resolution determining that the sale of all or any part of the bonds herein authorized is necessary or desirable, the committee may in its discretion provide for the interexchange of bonds of different denominations, which may be in any multiple of one thousand dollars ($1,000), the issuance of bonds of different denominations in lieu of or in exchange for bonds of a like aggregate principal amount but of different denominations, the issuance of registered bonds in such denominations as may be specified by the committee and the exchange of such registered bonds for coupon bonds of a like aggregate principal amount but of different denominations. The committee may also provide for the authentication of any bonds by the State Controller or by any deputy state controller. If authentication is so required, no bond authorized hereunder shall be valid unless so authenticated in the manner so required. (Added by Stats. 1959, Ch. 1762.) - 12941. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. )
The committee may choose how to compute bond interest for net interest cost purposes and must include that method in the notice of sale.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. ) ## 12941. In computing the net interest cost under Section 16754 of the Government Code, the committee may determine that interest shall be computed either from the date of sale or from the date of the bonds or from the last preceding interest payment date to the respective maturity dates of the bonds then offered for sale at the coupon rate or rates specified in the bid, such computation to be made on a 360-day year basis, and the committee shall make appropriate provision therefor in the form of notice of sale of the bonds. (Added by Stats. 1959, Ch. 1762.) - 12942. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. )
The committee may authorize the State Treasurer to sell authorized bonds, and the Treasurer may set the sale date or dates. Governor direction is not required for the sale.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. ) ## 12942. The committee may authorize the State Treasurer to sell all or any part of the bonds herein authorized at such date or dates as may be fixed by the State Treasurer and no direction of the Governor shall be required. The provisions of Sections 16750 and 16754 of the Government Code respecting the direction of the Governor shall not be applicable to such sale. (Added by Stats. 1959, Ch. 1762.) - 12944. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. )
For reservoirs covered by this chapter, the department must allow water use for body contact sports unless doing so would conflict with public health and safety, and the reservoir is not a terminal reservoir supplying domestic water without purification after withdrawal.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8. Water Resources Development Bonds [12930 - 12944] ( Chapter 8 added by Stats. 1959, Ch. 1762. ) ## 12944. (a) In the operation of reservoirs, other than terminal reservoirs from which water is supplied for domestic use without purification treatment after withdrawal from such reservoirs, constructed under this chapter, the department, to the extent that it is compatible with public health and safety requirements, shall permit the use of the water for body contact sports. (Added by Stats. 1961, Ch. 1771.) - 12944.5. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8.5. Local Distribution Facilities [12944.5 - 12944.7] ( Chapter 8.5 added by Stats. 1973, Ch. 513. )
Certain local public agencies with a state water-supply contract may treat a majority vote as enough to authorize general obligation bonds for water works and 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 8.5. Local Distribution Facilities [12944.5 - 12944.7] ( Chapter 8.5 added by Stats. 1973, Ch. 513. ) ## 12944.5. (a) Notwithstanding any other provision of law to the contrary, any local public agency other than a city or county that has executed a contract with the state for a water supply pursuant to Section 12937 shall satisfy any requirement for the approval by the voters of the agency to secure authorization for the issuance of general obligation bonds of the agency or of the agency for any improvement district thereof to fund the acquisition and construction of works and facilities to enable the local public agency or improvement district to utilize the water supply, if a majority of the voters voting on the proposition to incur the bonded indebtedness vote in favor of the proposition. The provisions of law governing the issuance of general obligation bonds by the local public agency, including the provisions of the principal act of the local public agency, shall govern all matters relating to the issuance of the general obligation bonds, including the authorization, issuance, sale or retirement thereof, except only that a majority of the votes cast on the proposition to incur the bonded indebtedness need be in favor of such proposition in order to authorize the issuance of the bonds. This chapter shall be applicable only to general obligation bonds approved at an election held on one of the dates specified in Section 1000 of the Elections Code or at an election held pursuant to Section 4108 of the Elections Code. (b) This chapter shall also be applicable to (1) any local public agency other than a city or a county which has executed a contract for a water supply with a public agency which has in turn executed a contract with the state for a water supply pursuant to Section 12937, (2) any local public agency other than a city or county which is a member agency of, or is located within a member agency of, a metropolitan water district which has executed a contract with the state for a water supply pursuant to Section 12937, and (3) any local public agency other than a city or county which is a member agency of, or is located within a member agency of, a county water authority which is a member agency of a metropolitan water district which has executed a contract with the state for a water supply pursuant to Section 12937. (Amended by Stats. 1994, Ch. 923, Sec. 223. Effective January 1, 1995.) - 12944.7. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8.5. Local Distribution Facilities [12944.5 - 12944.7] ( Chapter 8.5 added by Stats. 1973, Ch. 513. )
A qualifying public agency may sell water directly to consumers, but some agencies may do so only under written contracts.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 8.5. Local Distribution Facilities [12944.5 - 12944.7] ( Chapter 8.5 added by Stats. 1973, Ch. 513. ) ## 12944.7. (a) Notwithstanding any other provision of law, except as specified in subdivision (b), any public agency that has executed a contract with the state for a water supply pursuant to Section 12937 may sell any water available to that agency directly to any ultimate water consumer within the agency. (b) Notwithstanding subdivision (a), if the principal act of the public agency restricts the agency to the wholesale distribution of water, the right to sell water directly to consumers may be exercised by the agency only pursuant to written contract with (1) a wholesaler, if any exists, to which the water would otherwise be sold and (2) a public entity water purveyor, if any exists, serving water at retail within the area in which the consumer is located or a water corporation, if any exists, subject to regulation by the Public Utilities Commission and serving water at retail within the area in which the consumer is located. (Amended by Stats. 2001, Ch. 929, Sec. 1. Effective January 1, 2002.) - 12945. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 9. Saline Water Conversion [12945 - 12949.5] ( Chapter 9 added by Stats. 1965, Ch. 993. ) ## ARTICLE 1. Short Title [12945- 12945.] ( Article 1 added by Stats. 1965, Ch. 993. )
This chapter may be cited as the Cobey-Porter Saline Water Conversion 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 9. Saline Water Conversion [12945 - 12949.5] ( Chapter 9 added by Stats. 1965, Ch. 993. ) ## ARTICLE 1. Short Title [12945- 12945.] ( Article 1 added by Stats. 1965, Ch. 993. ) ## 12945. This chapter shall be known as and may be cited as the Cobey-Porter Saline Water Conversion Law. (Added by Stats. 1965, Ch. 993.) - 12946. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 9. Saline Water Conversion [12945 - 12949.5] ( Chapter 9 added by Stats. 1965, Ch. 993. ) ## ARTICLE 2. Declaration of Policy [12946 - 12947] ( Article 2 added by Stats. 1965, Ch. 993. )
The state declares a policy interest in developing economical saline water conversion processes.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 9. Saline Water Conversion [12945 - 12949.5] ( Chapter 9 added by Stats. 1965, Ch. 993. ) ## ARTICLE 2. Declaration of Policy [12946 - 12947] ( Article 2 added by Stats. 1965, Ch. 993. ) ## 12946. It is hereby declared that the people of the state have a primary interest in the development of economical saline water conversion processes which could eliminate the necessity for additional facilities to transport water over long distances, or supplement the services to be provided by such facilities, and provide a direct and easily managed water supply to assist in meeting the future water requirements of the state. (Added by Stats. 1965, Ch. 993.) - 12947. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 9. Saline Water Conversion [12945 - 12949.5] ( Chapter 9 added by Stats. 1965, Ch. 993. ) ## ARTICLE 2. Declaration of Policy [12946 - 12947] ( Article 2 added by Stats. 1965, Ch. 993. )
The section states California’s policy favoring desalination projects, including support for public water entities and efforts to develop efficient methods for desalting saline water.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 9. Saline Water Conversion [12945 - 12949.5] ( Chapter 9 added by Stats. 1965, Ch. 993. ) ## ARTICLE 2. Declaration of Policy [12946 - 12947] ( Article 2 added by Stats. 1965, Ch. 993. ) ## 12947. (a) The Legislature finds and declares that the growing water needs of the state require the development of cost effective and efficient water supply technologies. Desalination technology is now feasible to help provide significant new water supplies from seawater, brackish water, and reclaimed water. Desalination technology can also provide an effective means of treating some types of contamination in water supplies. Desalination is consistent with both state water supply and efficiency policy goals, and joint state-federal environmental and water policy and principles promoted by the Cal-Fed Bay Delta Program. (b) It is the policy of this state that desalination projects developed by or for public water entities be given the same opportunities for state assistance and funding as other water supply and reliability projects, and that desalination be consistent with all applicable environmental protection policies in the state. (c) It is the intention of the Legislature that the department shall undertake to find economic and efficient methods of desalting saline water so that desalted water may be made available to help meet the growing water requirements of the state. (Amended by Stats. 2003, Ch. 206, Sec. 1. Effective January 1, 2004.) - 12948. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 9. Saline Water Conversion [12945 - 12949.5] ( Chapter 9 added by Stats. 1965, Ch. 993. ) ## ARTICLE 3. State Participation [12948 - 12949.5] ( Article 3 added by Stats. 1965, Ch. 993. )
The department may conduct a program of investigation, study, and evaluation on saline water conversion, alone or with other public or private agencies or corporations.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 9. Saline Water Conversion [12945 - 12949.5] ( Chapter 9 added by Stats. 1965, Ch. 993. ) ## ARTICLE 3. State Participation [12948 - 12949.5] ( Article 3 added by Stats. 1965, Ch. 993. ) ## 12948. The department either independently or in cooperation with any county, state, federal, or public or private agency or corporation may conduct a program of investigation, study, and evaluation in the field of saline water conversion. (Added by Stats. 1965, Ch. 993.) - 12948.1. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 9. Saline Water Conversion [12945 - 12949.5] ( Chapter 9 added by Stats. 1965, Ch. 993. ) ## ARTICLE 3. State Participation [12948 - 12949.5] ( Article 3 added by Stats. 1965, Ch. 993. )
The department must help people or entities applying for state and local desalination facility permits.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 9. Saline Water Conversion [12945 - 12949.5] ( Chapter 9 added by Stats. 1965, Ch. 993. ) ## ARTICLE 3. State Participation [12948 - 12949.5] ( Article 3 added by Stats. 1965, Ch. 993. ) ## 12948.1. The department shall provide assistance to persons or entities with state and local desalination facility permit applications seeking to construct desalination facilities for reducing the concentration of dissolved solids in brackish groundwater or seawater in the state. (Added by Stats. 1991, Ch. 1161, Sec. 2.) - 12949. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 9. Saline Water Conversion [12945 - 12949.5] ( Chapter 9 added by Stats. 1965, Ch. 993. ) ## ARTICLE 3. State Participation [12948 - 12949.5] ( Article 3 added by Stats. 1965, Ch. 993. )
The department may finance, construct, operate, and sell water from saline water conversion facilities if it submits a written report and gets specific legislative authorization. It must set rates or charges to recover all costs unless the Legislature provides otherwise.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 9. Saline Water Conversion [12945 - 12949.5] ( Chapter 9 added by Stats. 1965, Ch. 993. ) ## ARTICLE 3. State Participation [12948 - 12949.5] ( Article 3 added by Stats. 1965, Ch. 993. ) ## 12949. After submission of a written report and upon specific authorization by the Legislature the department either independently or in cooperation with any county, state, federal, or public or private agency or corporation may finance, construct, and operate saline water conversion facilities. The department may sell any water made available by such saline water conversion facilities. Unless otherwise provided by the Legislature, the department shall establish rates or charges for such water so as to recover all of the costs of making such water available. (Added by Stats. 1965, Ch. 993.) - 12949.5. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 9. Saline Water Conversion [12945 - 12949.5] ( Chapter 9 added by Stats. 1965, Ch. 993. ) ## ARTICLE 3. State Participation [12948 - 12949.5] ( Article 3 added by Stats. 1965, Ch. 993. )
The department may help finance and may sell water from a saline water conversion test center, but any sale price must cover at least the transportation costs from the test center to the delivery point.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.5] ( Part 6 added by Stats. 1953, Ch. 196. ) ## CHAPTER 9. Saline Water Conversion [12945 - 12949.5] ( Chapter 9 added by Stats. 1965, Ch. 993. ) ## ARTICLE 3. State Participation [12948 - 12949.5] ( Article 3 added by Stats. 1965, Ch. 993. ) ## 12949.5. The department, in cooperation with the United States Department of the Interior, may participate in financing the costs of the site development, construction, operation, and transportation of desalted water in connection with a saline water conversion test center facility to be located in California. The department may sell any water made available by such saline water conversion test center; provided, that the department shall sell such water at rates or charges which will return, at least, all of the costs of transporting the water from the test center to the point of delivery. (Added by Stats. 1965, Ch. 994.) - 12950. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 7. PROJECT COSTS FOR LOCAL GOVERNMENTAL SERVICES [12950 - 12961] ( Part 7 added by Stats. 1963, Ch. 464. )
California is responsible for helping local governments provide certain essential services and facilities when state-funded water projects create an undue burden.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 7. PROJECT COSTS FOR LOCAL GOVERNMENTAL SERVICES [12950 - 12961] ( Part 7 added by Stats. 1963, Ch. 464. ) ## 12950. It is declared to be the responsibility of the State of California to assist local governments in providing certain essential services and facilities where water resource construction projects financed, in whole or in part, by the State or by the State jointly with the federal government create an undue burden on a local area’s ability to provide these services and facilities. State responsibility for providing financial assistance under such circumstances includes the following: police and fire protection, public health and hospitals, sanitation, emergency and indigent relief, and such other activities for which there is a demonstrated urgent need and which are approved by the State Department of Finance and the State Department of Water Resources. (Added by Stats. 1963, Ch. 464.) - 12951. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 7. PROJECT COSTS FOR LOCAL GOVERNMENTAL SERVICES [12950 - 12961] ( Part 7 added by Stats. 1963, Ch. 464. )
State aid expenditures and loans for local governments count as part of the project cost for the project that created the impact 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 7. PROJECT COSTS FOR LOCAL GOVERNMENTAL SERVICES [12950 - 12961] ( Part 7 added by Stats. 1963, Ch. 464. ) ## 12951. State expenditures and loans for aid to local governments provided in accordance with the provisions of this part are a part of the project cost of the project giving rise to the creation of the impact area. (Added by Stats. 1963, Ch. 464.) - 12952. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 7. PROJECT COSTS FOR LOCAL GOVERNMENTAL SERVICES [12950 - 12961] ( Part 7 added by Stats. 1963, Ch. 464. )
The Governor may designate an impact area for a state water construction project, and may revoke that designation, if the stated request and impact 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 7. PROJECT COSTS FOR LOCAL GOVERNMENTAL SERVICES [12950 - 12961] ( Part 7 added by Stats. 1963, Ch. 464. ) ## 12952. The Governor may designate, from time to time, and may revoke previous designations of, the area within a 20-mile airline radius of the site of principal construction of any water construction project undertaken by the State as an impact area when: (a) He is requested to do so by the county board of supervisors or the city council of any county or city within the impact area; and (b) He finds that: (1) Such construction will cause a sudden influx of people into the impact area. (2) The construction will require more than 12 months to complete. (3) The construction will result in serious fiscal problems to the affected local governments. (4) Peak construction employment on the project within the impact area is estimated by the Department of Water Resources to total more than 500 employees. (5) The increase in population in the impact area, found by multiplying such peak construction employment as estimated by the Department of Water Resources by 4.5, equals at least 20 percent of the estimated population in the area on July 1st of the year prior to the date that construction was started. At any time that the increase in population falls below 20 percent of the estimated population of the area, the designation shall terminate as of the following June 30th. All population data are to be determined by the Department of Finance. (Added by Stats. 1963, Ch. 464.) - 12953. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 7. PROJECT COSTS FOR LOCAL GOVERNMENTAL SERVICES [12950 - 12961] ( Part 7 added by Stats. 1963, Ch. 464. )
The Department of Water Resources must designate the site of principal construction and the start date for every state water construction 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 7. PROJECT COSTS FOR LOCAL GOVERNMENTAL SERVICES [12950 - 12961] ( Part 7 added by Stats. 1963, Ch. 464. ) ## 12953. For the purposes of this part the Department of Water Resources shall designate the site of principal construction of every water construction project undertaken by the State, and the date construction was started. (Added by Stats. 1963, Ch. 464.) - 12954. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 7. PROJECT COSTS FOR LOCAL GOVERNMENTAL SERVICES [12950 - 12961] ( Part 7 added by Stats. 1963, Ch. 464. )
This section defines “peak employment” for this part.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 7. PROJECT COSTS FOR LOCAL GOVERNMENTAL SERVICES [12950 - 12961] ( Part 7 added by Stats. 1963, Ch. 464. ) ## 12954. As used in this part, “peak employment” means the largest number of persons employed in any one year at a site of principal construction and at such other sites as may be related directly thereto within the impact area by the Department of Water Resources, contractors and subcontractors in connection with the construction project. (Added by Stats. 1963, Ch. 464.) - 12955. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 7. PROJECT COSTS FOR LOCAL GOVERNMENTAL SERVICES [12950 - 12961] ( Part 7 added by Stats. 1963, Ch. 464. )
Cities, counties, or districts may request that an area be designated as an impact area after legislative authorization of a water resources project. Requests for financial assistance under this part must generally be made at least six months before the start of the fiscal year requested, with limited exceptions.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 7. PROJECT COSTS FOR LOCAL GOVERNMENTAL SERVICES [12950 - 12961] ( Part 7 added by Stats. 1963, Ch. 464. ) ## 12955. Requests by any city, county, or district to have an area designated an impact area may be made at any time after the authorization of a water resources project by the Legislature. Except with respect to assistance during the first year of construction or during the first year after enactment of a law providing state aid, requests for financial assistance under provisions of this part shall be made at least six months prior to the beginning of the fiscal year for which the assistance is requested. (Added by Stats. 1963, Ch. 464.) - 12956. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 7. PROJECT COSTS FOR LOCAL GOVERNMENTAL SERVICES [12950 - 12961] ( Part 7 added by Stats. 1963, Ch. 464. )
If the Governor designates an impact area, the State must pay specified increased local costs tied to construction-related population growth.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 7. PROJECT COSTS FOR LOCAL GOVERNMENTAL SERVICES [12950 - 12961] ( Part 7 added by Stats. 1963, Ch. 464. ) ## 12956. When an impact area has been designated by the Governor the State will pay: (a) The increased operating expenses necessitated by population increase within the impact area for maintenance of police and fire protection, public hospitals, public health and sanitation and such other activities as may be approved by the Department of Finance and the Department of Water Resources at the same level of service as prevailed within or for the impact area prior to the start of the construction. A subsequent increase in the level of a specific service may be approved by the State Department of Finance. Level of service shall be measured by the ratio of personnel or facilities serving the impact area to the total population within the same area. The portion of the construction-generated population expected to reside within the impact area shall be estimated by the Department of Water Resources for each fiscal year in which the State provides financial assistance under this part to any governmental agency. (b) Seventy-five percent of the increased cost to the county of emergency and indigent relief provided by the county under the provisions of Chapter 2 (commencing at Section 2500) of Division 4 of the Welfare and Institutions Code at standards that existed prior to the start of construction. An increase in such standards may be approved by the State Department of Finance. The State will also pay all necessary increased costs resulting from personnel, office, and automobile expenses created by an increase in the emergency and indigent caseload, as determined by the Department of Finance. (Added by Stats. 1963, Ch. 464.) - 12957. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 7. PROJECT COSTS FOR LOCAL GOVERNMENTAL SERVICES [12950 - 12961] ( Part 7 added by Stats. 1963, Ch. 464. )
The State may help fund certain local capital outlay costs for police and fire protection, essential health services, and water and sewerage systems when eligible local agencies apply.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 7. PROJECT COSTS FOR LOCAL GOVERNMENTAL SERVICES [12950 - 12961] ( Part 7 added by Stats. 1963, Ch. 464. ) ## 12957. Funds for capital outlay expenditures for police and fire protection, essential health services, and water and sewerage systems required to serve the expanded population in the impact area may be provided to any city, county, or district rendering, in whole or in part, any of the services described in Section 12950, upon their application under either or both of the following options to be exercised by the local governing bodies: (a) A loan by the State to the local agency for all or any part of such expenditures; such loans to be entirely repaid within 30 years at a rate of interest one-quarter of 1 percent higher than the interest cost to the State for long-term loans at the time of the loan. (b) Direct state expenditures to meet all or any part of such needs. Direct state expenditures shall be for temporary facilities which shall be dismantled upon completion of the water project construction. (Added by Stats. 1963, Ch. 464.) - 12958. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 7. PROJECT COSTS FOR LOCAL GOVERNMENTAL SERVICES [12950 - 12961] ( Part 7 added by Stats. 1963, Ch. 464. )
If the Governor designates an impact area, the State Department of Finance must recommend funding appropriations and how state assistance should be divided among the local governments there.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 7. PROJECT COSTS FOR LOCAL GOVERNMENTAL SERVICES [12950 - 12961] ( Part 7 added by Stats. 1963, Ch. 464. ) ## 12958. Upon the designation of an impact area by the Governor, the State Department of Finance shall recommend the appropriation of funds and the division of state assistance among the local governments in the impact area. For this purpose the State Department of Finance shall be given access to such records and documents as may be necessary to accomplish this objective by the affected local governments. (Added by Stats. 1963, Ch. 464.) - 12959. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 7. PROJECT COSTS FOR LOCAL GOVERNMENTAL SERVICES [12950 - 12961] ( Part 7 added by Stats. 1963, Ch. 464. )
Money paid under this part cannot exceed the State’s share of the project’s total cost, except for projects constructed by 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 7. PROJECT COSTS FOR LOCAL GOVERNMENTAL SERVICES [12950 - 12961] ( Part 7 added by Stats. 1963, Ch. 464. ) ## 12959. Notwithstanding any other provision of this part, except as to projects constructed by the Department of Water Resources, the maximum amount of money paid under this part shall not exceed that proportion of the total cost of the needed assistance as the amount of the State’s financial participation in a project bears to the total cost of the project. (Added by Stats. 1963, Ch. 464.) - 12960. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 7. PROJECT COSTS FOR LOCAL GOVERNMENTAL SERVICES [12950 - 12961] ( Part 7 added by Stats. 1963, Ch. 464. )
If the Department of Water Resources certifies a claim, local agencies must submit it to the State Controller for payment. The State Controller may audit payments before or after disbursement to verify the money was used for authorized purposes 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 7. PROJECT COSTS FOR LOCAL GOVERNMENTAL SERVICES [12950 - 12961] ( Part 7 added by Stats. 1963, Ch. 464. ) ## 12960. When certified by the Department of Water Resources, claims of local agencies for state financial assistance shall be presented to the State Controller for payment out of funds made available therefor. The State Controller shall make such audit as he deems necessary, before or after disbursement, for the purpose of determining that any money received by any city, county, or district as state financial assistance hereunder has been expended for the purposes and under the conditions authorized under this division. (Added by Stats. 1963, Ch. 464.) - 12961. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 7. PROJECT COSTS FOR LOCAL GOVERNMENTAL SERVICES [12950 - 12961] ( Part 7 added by Stats. 1963, Ch. 464. )
This part is known, and may be cited, as the Byrne 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 7. PROJECT COSTS FOR LOCAL GOVERNMENTAL SERVICES [12950 - 12961] ( Part 7 added by Stats. 1963, Ch. 464. ) ## 12961. This part shall be known, and may be cited, as the Byrne Act. (Added by Stats. 1963, Ch. 464.) - 12970. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 8. WATER AGENCY RECREATIONAL FACILITIES [12970 - 12973] ( Part 8 added by Stats. 1973, Ch. 214. )
This section defines “water agency” for this part.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 8. WATER AGENCY RECREATIONAL FACILITIES [12970 - 12973] ( Part 8 added by Stats. 1973, Ch. 214. ) ## 12970. “Water agency,” as used in this part means any public corporation, district, political subdivision, or any other agency or authority now or hereafter organized under the laws of this state which develops, stores, distributes or supplies water. (Added by Stats. 1973, Ch. 214.) - 12971. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 8. WATER AGENCY RECREATIONAL FACILITIES [12970 - 12973] ( Part 8 added by Stats. 1973, Ch. 214. )
Every water agency may construct, maintain, improve, and operate recreational facilities connected to eligible land, dams, reservoirs, facilities, or works.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 8. WATER AGENCY RECREATIONAL FACILITIES [12970 - 12973] ( Part 8 added by Stats. 1973, Ch. 214. ) ## 12971. Notwithstanding any other provision of law, every water agency is authorized, in addition to and not in derogation or limitation of the powers conferred upon such agency by any other law, through contract or otherwise, to construct, maintain, improve, and operate recreational facilities appurtenant to any land, dams, reservoirs, facilities, or works appropriate or ancillary to such recreational use owned, operated, or contracted to be operated by such agency. Any contract for construction or improvement work under this part shall be subject to all applicable provisions of law governing contracts of the water agency. (Added by Stats. 1973, Ch. 214.) - 12972. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 8. WATER AGENCY RECREATIONAL FACILITIES [12970 - 12973] ( Part 8 added by Stats. 1973, Ch. 214. )
A water agency may spend funds on recreational facilities and may charge the public reasonable fees for using them.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 8. WATER AGENCY RECREATIONAL FACILITIES [12970 - 12973] ( Part 8 added by Stats. 1973, Ch. 214. ) ## 12972. A water agency may expend funds on such recreational facilities and may fix and assess reasonable charges for the use of such recreational facilities by members of the public. (Added by Stats. 1973, Ch. 214.) - 12973. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 8. WATER AGENCY RECREATIONAL FACILITIES [12970 - 12973] ( Part 8 added by Stats. 1973, Ch. 214. )
A water agency’s governing body may adopt rules for recreational facilities, and those rules bind all persons. Violating the rules is a misdemeanor.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 8. WATER AGENCY RECREATIONAL FACILITIES [12970 - 12973] ( Part 8 added by Stats. 1973, Ch. 214. ) ## 12973. The governing body of a water agency may adopt regulations binding upon all persons covering the use of such recreational facilities. Any violation of such regulations is a misdemeanor. (Added by Stats. 1973, Ch. 214.) - 12980. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. )
This section defines several terms used in Part 9 on delta levee maintenance.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. ) ## 12980. As used in this part: (a) “Board” means the Central Valley Flood Protection Board. (b) “Delta” means the Sacramento-San Joaquin Delta as described in Section 12220. (c) “Local agency” means any city, county, district, or other political subdivision of the state which is authorized to maintain levees. (d) “Net long-term habitat improvement” means enhancement of riparian, fisheries, and wildlife habitat. (e) “Nonproject levee” means a local flood control levee in the delta that is not a project facility under the State Water Resources Law of 1945, as shown on page 38 of the Department of Water Resources “Sacramento-San Joaquin Delta Atlas,” dated 1993. (f) “Project levee” means a federal flood control levee, as shown on page 40 of the Department of Water Resources “Sacramento-San Joaquin Delta Atlas,” dated 1993, that is a project facility under the State Water Resources Law of 1945 (Chapter 1 (commencing with Section 12570) and Chapter 2 (commencing with Section 12639) of Part 6), if not less than a majority of the acreage within the jurisdiction of the local agency that maintains the levee is within the primary zone of the delta, as defined in Section 29728 of the Public Resources Code. (Amended by Stats. 2012, Ch. 549, Sec. 1. (SB 200) Effective January 1, 2013.) - 12981. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. )
The Legislature states that the delta’s resources are important and that levees are key to preserving the delta’s physical character.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. ) ## 12981. (a) The Legislature finds and declares that the delta is endowed with many invaluable and unique resources and that these resources are of major statewide significance. (b) The Legislature further finds and declares that the delta’s uniqueness is particularly characterized by its hundreds of miles of meandering waterways and the many islands adjacent thereto; that, in order to preserve the delta’s invaluable resources, which include highly productive agriculture, recreational assets, fisheries, and wildlife environment, the physical characteristics of the delta should be preserved essentially in their present form; and that the key to preserving the delta’s physical characteristics is the system of levees defining the waterways and producing the adjacent islands. However, the Legislature recognizes that it may not be economically justifiable to maintain all delta islands. (c) The Legislature further finds and declares that funds necessary to maintain and improve the delta’s levees to protect the delta’s physical characteristics should be used to fund levee work that would promote agricultural and habitat uses in the delta consistent with the purpose of preserving the delta’s invaluable resources. (Amended by Stats. 1996, Ch. 601, Sec. 11. Effective January 1, 1997.) - 12982. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. )
The Legislature finds that most delta levees are privately owned and maintained, are used in multiple ways for the public benefit, and that adjacent landowners are bearing added maintenance costs.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. ) ## 12982. The Legislature further finds and declares that while most of the delta’s levees are privately owned and maintained they are being subjected to varied multiple uses and serve to benefit many varied segments and interests of the public at large, and that as a result of the varied multiple uses of such levees, added maintenance costs are being borne by adjacent landowners. (Added by Stats. 1973, Ch. 717.) - 12983. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. )
The section says the Legislature finds there is an urgent need for better levee maintenance and rehabilitation in the delta, and it states that the state’s approval and inspection duties are meant to ensure funds are properly used and levees are rehabilitated and maintained.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. ) ## 12983. The Legislature further finds and declares that there is an urgent need for a higher degree of levee maintenance and rehabilitation generally throughout the delta and that the state has an interest in providing technical and financial assistance for delta levee maintenance and rehabilitation. The Legislature also finds and declares that, because of the instability of delta soils, the effect of winds, tides, and floodflows, and the unique problems of erosion, seepage, and subsidence, the same security against levee failure and flooding cannot be achieved by protective works in the delta as in areas less vulnerable to these problems. Although the rehabilitation and maintenance of delta levees is an important undertaking, a significant risk of levee failure will still persist. The purpose of the state’s approval of plans and inspection of works, which duties are set forth in this part, is to ensure that subvention funds are properly expended and that delta levees are effectively rehabilitated and maintained, and the state does not thereby assume any responsibility for the safety of any delta levee against failure. (Amended by Stats. 1986, Ch. 824, Sec. 1. Effective September 15, 1986.) - 12984. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. )
The department must develop criteria for maintaining and improving nonproject levees and submit them to the board for adoption.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. ) ## 12984. The department shall develop and submit to the board, for adoption by the board, criteria for the maintenance and improvement of nonproject levees. The criteria shall vary as required to meet specific conditions and shall be multipurpose in nature, and include environmental considerations, when feasible. The criteria shall embody and implement both of the following: (a) The short-term mitigation plan set forth in the “Flood Hazard Mitigation Plan for the Sacramento-San Joaquin Delta,” prepared by the department for the Office of Emergency Services, dated September 15, 1983, or as amended. (b) The “Vegetation Management Guidelines for Local Nonproject Delta Levees” dated April 1994, or any successor guidelines. (Amended by Stats. 1996, Ch. 601, Sec. 12. Effective January 1, 1997.) - 12985. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. )
Before adopting any such criteria, the board must hold public hearings and may revise the criteria if it considers that necessary.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. ) ## 12985. Prior to adoption of any such criteria, the board shall hold public hearings and may revise the criteria as it determines necessary. (Added by Stats. 1973, Ch. 717.) - 12986. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. )
The department must reimburse eligible local agencies for certain levee maintenance or improvement costs, but only within stated limits and with required approvals.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. ) ## 12986. (a) The department, upon appropriation by the Legislature, shall reimburse an eligible local agency pursuant to this part for costs incurred in any year for the maintenance or improvement of project or nonproject levees as follows: (1) Costs incurred shall not be reimbursed if the entire cost incurred per mile of project or nonproject levee is either of the following: (A) Two thousand five hundred dollars ($2,500) or less for a project or nonproject levee in an urban area. (B) One thousand dollars ($1,000) or less for a project or nonproject levee in a rural area. (2) Not more than 75 percent of any costs incurred in excess of the amount per mile of project or nonproject levee specified in paragraph (1) shall be reimbursed. (3) In addition to project plans approved by the board, the department shall require the local agency to provide information to the department that may include, but is not limited to, a detailed engineer’s report prepared pursuant to subdivision (b) of Section 4 of Article XIII D of the California Constitution, audited financial statements, or an assessment commissioners’ report. The information provided to the department shall be the basis for determining the maximum allowable reimbursement eligible under this part. Nothing in this paragraph shall be interpreted to increase the maximum reimbursement allowed under paragraph (2). (4) Reimbursements made to the local agency in excess of the maximum allowable reimbursement shall be returned to the department. (5) All final costs allocated or reimbursed under a plan shall be approved by the Central Valley Flood Protection Board for project and nonproject levee work. (6) Costs incurred pursuant to this part that are eligible for reimbursement include construction costs and associated engineering services, financial or economic analyses, environmental costs, mitigation costs, and habitat improvement costs. (b) Upon completion of its evaluation pursuant to Sections 139.2 and 139.4, by January 1, 2008, the department shall recommend to the Legislature and the Governor priorities for funding under this section. (c) Reimbursements made pursuant to this section shall reflect the priorities of, and be consistent with, the Delta Plan established pursuant to Chapter 1 (commencing with Section 85300) of Part 4 of Division 35. (d) For the purposes of this section, the following definitions apply: (1) “Rural area” means an area that is not an urban area. (2) “Urban area” means an area in which 10 percent or more of the land area within the project area is used for residential use. (Amended (as amended by Stats. 2012, Ch. 549, Sec. 3) by Stats. 2018, Ch. 51, Sec. 50. (SB 854) Effective June 27, 2018.) - 12987. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. )
Local agencies that maintain project or nonproject levees may get reimbursed if their maintenance and improvement plans are submitted to and approved by 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 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. ) ## 12987. (a) Local agencies maintaining project or nonproject levees shall be eligible for reimbursement pursuant to this part upon submission to and approval by the board of plans for the maintenance and improvement of the project or nonproject levees, including plans for the annual routine maintenance of the levees, in accordance with the criteria adopted by the board. (b) The nonproject plans shall also be compatible with the plan for improvement of the delta levees as set forth in Bulletin No. 192-82 of the department, dated December 1982, and as approved in Section 12225. Both project and nonproject plans shall include provisions to acquire easements along levees that allow for the control and reversal of subsidence in areas where the department determines that such an easement is desirable to maintain structural stability of the levee. The easement shall (1) restrict the use of the land to open-space uses, nontillable crops, the propagation of wildlife habitat, and other compatible uses, (2) provide full access to the local agency for levee maintenance and improvement purposes, and (3) allow the owner to retain reasonable rights of ingress and egress as well as reasonable rights of access to the waterways for water supply and drainage. The local agency cost of acquisition of the easements shall be reimbursable by the department from moneys appropriated pursuant to paragraph (1) of subdivision (b) of Section 12300, or any other sources appropriated by the Legislature for purposes of this part. (c) The plans shall also include provision for protection of the fish and wildlife habitat determined to be necessary by the Department of Fish and Game and not injurious to the integrity of the levee. The Department of Fish and Game shall consider the value of the riparian and fisheries habitat and the need to provide safe levees in preparing its requirements. The Department of Fish and Game shall not approve any plan which calls for the use of channel islands or berms with significant riparian communities as borrow sites for levee repair material, unless fully mitigated, or any plans which will result in a net long-term loss of riparian, fisheries, or wildlife habitat. (d) After the memorandum of understanding required pursuant to Section 12307 is amended as required by Section 78543, the Department of Fish and Game shall also make a written determination as part of its review and approval of a plan or project pursuant to Section 12314 and this section that the proposed expenditures are consistent with a net long-term habitat improvement program and have a net benefit for aquatic species in the delta. The memorandum of understanding in effect prior to the amendments required by Section 78543 shall remain in effect with regard to levee projects and plans until the memorandum of understanding is amended. (e) The plans shall also take into account the most recently updated Delta Master Recreation Plan prepared by the Resources Agency. (f) Upon approval of the plans by the board, the local agencies shall enter into an agreement with the board to perform the maintenance and improvement work, including the annual routine maintenance work, specified in the plans. If applications for state funding in any year exceed the state funds available, the board shall apportion the funds among those levees or levee segments that are identified by the department as most critical and beneficial, considering the needs of flood control, water quality, recreation, navigation, habitat improvements, and fish and wildlife. (Amended by Stats. 1996, Ch. 601, Sec. 15. Effective January 1, 1997.) - 12987.5. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. )
The board may approve an advance of up to 75% of the estimated state share, but only after the applicant has incurred qualifying costs; advances are later deducted from reimbursements, and excess amounts must be promptly repaid to the state.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. ) ## 12987.5. (a) In an agreement entered into under Section 12987, the board may provide for an advance to the applicant in an amount not to exceed 75 percent of the estimated state share. The agreement shall provide that no advance shall be made until the applicant has incurred costs consistent with the criteria outlined in paragraph (1) of subdivision (a) of Section 12986. (b) Advances made under subdivision (a) shall be subtracted from amounts to be reimbursed after the work has been performed. If the department finds that work has not been satisfactorily performed or where advances made actually exceed reimbursable costs, the local agency shall promptly remit to the state all amounts advanced in excess of reimbursable costs. If advances are sought, the board may require a bond to be posted to ensure the faithful performance of the work set forth in the agreement. (Amended by Stats. 2018, Ch. 453, Sec. 5. (SB 875) Effective September 17, 2018.) - 12988. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. )
After levee maintenance or improvement work is completed, the local agency must notify the department, the department must inspect the work and report its findings to the board, and the board must certify reimbursement of 75% of qualifying costs when the work meets the approved plans and costs exceed $1,000 per mile.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. ) ## 12988. Upon the completion in any year of the maintenance or improvement work, including annual routine maintenance work, as specified in the plans approved by the board, the local agency shall notify the department, and the department shall inspect the completed work. The department, upon completion of such inspection, shall submit to the board a report as to its findings. Upon a finding that the work has been satisfactorily completed in accordance with the approved plans, the board shall certify for reimbursement 75 percent of any costs incurred per mile of levee if the entire cost incurred per mile of levee is greater than one thousand dollars ($1,000). (Amended by Stats. 1996, Ch. 601, Sec. 17. Effective January 1, 1997.) - 12989. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. )
The department must inspect certain levees at least once a year, and local agencies must cooperate with those inspections.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. ) ## 12989. (a) The department shall conduct at least one annual inspection of every levee for which maintenance or improvement costs have been reimbursed pursuant to this part. In addition, the department shall inspect nonproject levees of local agencies for the purpose of monitoring and ascertaining the degree of compliance with, or progress toward meeting, standards such as those set forth in Section 12984. (b) The local agency shall cooperate with the department in the conduct of these inspections, including the provision of reasonable access over local agency lands and easements. (Amended by Stats. 1996, Ch. 601, Sec. 18. Effective January 1, 1997.) - 12990. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. )
If the department finds the required maintenance is not being done as agreed, it may establish a maintenance area; once that happens, it must annually maintain the nonproject levee.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. ) ## 12990. Whenever the department finds that the annual routine maintenance work specified in the plans approved by the board is not being performed in accordance with the agreement entered into between the local agency and the board, the department may establish a maintenance area in accordance with the provisions of Chapter 4.5 (commencing with Section 12878) of Part 6 of this division, as nearly as the same may be applicable, except that the work to be performed shall be the routine annual maintenance work for the nonproject levee as specified in the plans approved by the board. Upon the formation of a maintenance area, the department shall thereafter annually maintain the nonproject levee in accordance with such plans and subject to the provisions of Chapter 4.5 (commencing with Section 12878) of Part 6 of this division, as nearly as the same may be applicable. (Added by Stats. 1973, Ch. 717.) - 12991. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. )
The board may make rules and regulations as needed to carry out this part, 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 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. ) ## 12991. The board 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 part. (Added by Stats. 1973, Ch. 717.) - 12992. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. )
Before certain approvals or payments under this part, the local agency must first sign an indemnity agreement with 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 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. ) ## 12992. Before any plan is approved, agreement entered into, or moneys advanced or reimbursed under this part, the local agency shall first enter into an agreement with the board indemnifying and holding and saving the State of California, the board, the department, any other agency or department of the state, and their employees free from any and all liability for damages, except that caused by gross negligence, that may arise out of the approvals, agreements, inspections, or work performed under this part. Any funds appropriated for any of the purposes of this part may be used to satisfy any judgment against the state covered by this section, pending indemnification by the local agency. (Added by Stats. 1988, Ch. 28, Sec. 9. Effective March 14, 1988.) - 12993. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. )
Applicants must apply for federal disaster assistance when eligible, and may seek reimbursement under Section 12986 if the work does not qualify.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. ) ## 12993. Applicants shall apply for federal disaster assistance, whenever eligible, under Public Law 93-288. If, and to the extent that, it is determined that the work performed does not qualify for federal disaster assistance, the applicant may apply for reimbursement under Section 12986, and the costs shall be deemed incurred by the applicant in the year in which the latter application is filed. (Added by Stats. 1988, Ch. 28, Sec. 10. Effective March 14, 1988.) - 12994. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. )
The department may use emergency levee funds without prior plan approval in qualifying emergencies, but spending is capped and follow-up reporting is required.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. ) ## 12994. (a) The Legislature finds and declares all of the following: (1) The CALFED Bay-Delta Program has identified as a core action the need for emergency levee management planning for delta levees to improve system reliability. (2) Even with active levee maintenance, the threat of delta levee failures from earthquake, flood, or poor levee foundation, will continue to exist. (3) Because of this threat of failure, and the potential need to mobilize people and equipment in an emergency to protect delta levees and public benefits, the department needs authority that will enable it to act quickly. (b) The department may do all of the following: (1) In an emergency, as defined by Section 21060.3 of the Public Resources Code, that requires immediate levee work to protect public benefits in the delta, the department may use funds pursuant to this part without prior approval of a plan by the board or the Department of Fish and Wildlife, in which case the requirements of Sections 12314 and 12987, and the memorandum of understanding pursuant to Section 12307, shall be carried out as soon as possible. (A) The amount of funds that may be expended each year on emergency levee work under this section shall not be greater than two hundred thousand dollars ($200,000) and the amount that may be expended per emergency levee site shall not be greater than fifty thousand dollars ($50,000). The local agency shall fund 25 percent of the total costs of the emergency repair at a site or shall fund an appropriate share of the costs as approved by the board and based upon information of the local agency’s ability to pay for the repairs. (B) Department contracts executed for emergency levee work under this section shall be exempted from Department of General Services approval required under the Public Contract Code. (C) As soon as feasible after the emergency repair, the department shall submit a report to the board describing the levee work, costs incurred, and plans for future work at the site, including any necessary mitigation. (D) This section is intended to supplement emergency services provided by the state or the United States. Nothing in this section overrides or supersedes the authority of the Director of Emergency Services under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) or the Disaster Assistance Act (Chapter 7.5 (commencing with Section 8680) of Division 1 of Title 2 of the Government Code). (2) Prepare and submit to the board for adoption a delta emergency response plan for levee failures. The plan is exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The plan may include recommendations of the multiagency response team established pursuant to paragraph (3) and may include, but not be limited to, the following: (A) Standardized contracts for emergency levee work to be executed by the department, local agencies, or other appropriate entities. (B) Criteria for eligible emergency levee work. (C) Definition of an emergency levee site. (D) Documentation requirements. (E) Proposals for complying with the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) and the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code) in an emergency. (F) Stages of emergency response that may occur in various situations. (3) Establish a multiagency emergency response team, consisting of representatives from the department, the board, the Department of Fish and Wildlife, the California Conservation Corps, the Office of Emergency Services, the Federal Emergency Management Agency, the United States Army Corps of Engineers, and the United States Fish and Wildlife Service to advise on methods to ensure that levee emergencies will be resolved as quickly and safely as possible. (Amended by Stats. 2013, Ch. 352, Sec. 531. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.) - 12995. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. )
The department and the board may cooperate with the U.S. Army Corps of Engineers on delta levee rehabilitation, improvement, realignment, and environmental enhancement.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 9. DELTA LEVEE MAINTENANCE [12980 - 12995] ( Part 9 added by Stats. 1973, Ch. 717. ) ## 12995. (a) The Legislature hereby finds and declares both of the following: (1) There is an urgent need for rehabilitation and improvement of delta levees, and that the United States Army Corps of Engineers has a crucial and continuing role in that work. (2) The department and the board have been cooperating with the United States Army Corps of Engineers in a feasibility study for rehabilitation and improvement of the levees in the delta. That feasibility study identified a federal interest in levee rehabilitation and improvements due to benefits to navigation, commerce, the environment, and flood damage reduction. (b) The department and the board may cooperate with the United States Army Corps of Engineers to develop and implement delta levee rehabilitation, improvement, and realignment, and to enhance the environment. (Added by Stats. 1996, Ch. 601, Sec. 20. Effective January 1, 1997.) - 12999. Verify source ↗
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 11. TAMARISK PLANT CONTROL [12999- 12999.] ( Part 11 added by Stats. 2006, Ch. 710, Sec. 2. )
State agencies may work with federal and other partners to prepare a tamarisk control plan, and must implement it in California once funds are appropriated.
## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 11. TAMARISK PLANT CONTROL [12999- 12999.] ( Part 11 added by Stats. 2006, Ch. 710, Sec. 2. ) ## 12999. (a) The department, in collaboration with the Department of Food and Agriculture, the Department of Fish and Game, and the Colorado River Board of California may cooperate with the federal government, the other Colorado River Basin states, and other entities for the purpose of preparing a plan to control or eradicate tamarisk in the Colorado River watershed. The department, the Department of Food and Agriculture, the Department of Fish and Game, and the Colorado River Board of California shall seek to collaborate with affected California water agencies and other appropriate entities in that preparation. The plan shall include the reestablishment of native vegetation and the identification of potential federal and nonfederal funding sources for implementation pursuant to subdivision (b). (b) The department, in collaboration with the Department of Food and Agriculture, the Department of Fish and Game, the Colorado River Board of California, and appropriate federal agencies, shall implement the plan within California upon the appropriation of funds for that purpose. The department, the Department of Food and Agriculture, the Department of Fish and Game, and the Colorado River Board of California shall seek to collaborate with affected California water agencies and other appropriate entities in the implementation of the plan. (c) This section does not preclude the department or any other entity from expending bond funds or nonstate funds for the control or eradication of tamarisk in the Colorado River watershed. (Added by Stats. 2006, Ch. 710, Sec. 2. Effective January 1, 2007.) - 13. Verify source ↗
## Water Code - WAT ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 368. )
This section says words in the singular include the plural, and words in the plural include the singular.
## Water Code - WAT ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 368. ) ## 13. The singular number includes the plural, and the plural, the singular. (Enacted by Stats. 1943, Ch. 368.) - 130. Verify source ↗
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. )
The department may prepare and issue pamphlets and bulletins about its activities, if the director considers them necessary.
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## 130. The department may prepare, publish, and issue such printed pamphlets and bulletins as the director deems necessary for the dissemination of information to the public concerning the activities of the several divisions of the department. Funds available for the support of the several divisions may, with the approval of the Department of Finance, be used to pay the cost of preparation, publication, and distribution. (Added by Stats. 1957, Ch. 1932.) - 1300. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Contents of Notice [1300 - 1304] ( Article 1 enacted by Stats. 1943, Ch. 368. )
The board must issue and deliver notice of a water-appropriation permit application as soon as practicable after receiving a qualifying application.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Contents of Notice [1300 - 1304] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1300. As soon as practicable after the receipt of an application for a permit to appropriate water which conforms to the rules and regulations of the board and to law, the board shall issue and deliver a notice of the application (a) to the applicant, (b) to the district attorney of each county wherein the applicant proposes to divert water under the application, and (c) to the board of supervisors of each county wherein the applicant proposes to divert water under the application. (Amended by Stats. 1965, Ch. 45.) - 13000. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 1. Policy [13000 - 13002] ( Chapter 1 added by Stats. 1969, Ch. 482. )
The section states that California’s water resources and water quality must be protected, and that activities affecting water quality should be regulated to achieve the highest reasonable water quality.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 1. Policy [13000 - 13002] ( Chapter 1 added by Stats. 1969, Ch. 482. ) ## 13000. The Legislature finds and declares that the people of the state have a primary interest in the conservation, control, and utilization of the water resources of the state, and that the quality of all the waters of the state shall be protected for use and enjoyment by the people of the state. The Legislature further finds and declares that activities and factors which may affect the quality of the waters of the state shall be regulated to attain the highest water quality which is reasonable, considering all demands being made and to be made on those waters and the total values involved, beneficial and detrimental, economic and social, tangible and intangible. The Legislature further finds and declares that the health, safety and welfare of the people of the state requires that there be a statewide program for the control of the quality of all the waters of the state; that the state must be prepared to exercise its full power and jurisdiction to protect the quality of waters in the state from degradation originating inside or outside the boundaries of the state; that the waters of the state are increasingly influenced by interbasin water development projects and other statewide considerations; that factors of precipitation, topography, population, recreation, agriculture, industry and economic development vary from region to region within the state; and that the statewide program for water quality control can be most effectively administered regionally, within a framework of statewide coordination and policy. (Repealed and added by Stats. 1969, Ch. 482.) - 13001. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 1. Policy [13000 - 13002] ( Chapter 1 added by Stats. 1969, Ch. 482. )
The state board and each regional board must carry out this chapter’s policies and coordinate their activities to run a unified water quality control program.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 1. Policy [13000 - 13002] ( Chapter 1 added by Stats. 1969, Ch. 482. ) ## 13001. It is the intent of the Legislature that the state board and each regional board shall be the principal state agencies with primary responsibility for the coordination and control of water quality. The state board and regional boards in exercising any power granted in this division shall conform to and implement the policies of this chapter and shall, at all times, coordinate their respective activities so as to achieve a unified and effective water quality control program in this state. (Repealed and added by Stats. 1969, Ch. 482.) - 13002. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 1. Policy [13000 - 13002] ( Chapter 1 added by Stats. 1969, Ch. 482. )
This section says the water code does not limit certain local, state, and Attorney General powers, and it preserves any person’s right to seek relief against private nuisance, contamination, or pollution.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 1. Policy [13000 - 13002] ( Chapter 1 added by Stats. 1969, Ch. 482. ) ## 13002. No provision of this division or any ruling of the state board or a regional board is a limitation: (a) On the power of a city or county or city and county to adopt and enforce additional regulations, not in conflict therewith, imposing further conditions, restrictions, or limitations with respect to the disposal of waste or any other activity which might degrade the quality of the waters of the state. (b) On the power of any city or county or city and county to declare, prohibit, and abate nuisances. (c) On the power of the Attorney General, at the request of a regional board, the state board, or upon his own motion, to bring an action in the name of the people of the State of California to enjoin any pollution or nuisance. (d) On the power of a state agency in the enforcement or administration of any provision of law which it is specifically permitted or required to enforce or administer. (e) On the right of any person to maintain at any time any appropriate action for relief against any private nuisance as defined in the Civil Code or for relief against any contamination or pollution. (Repealed and added by Stats. 1969, Ch. 482.) - 1301. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Contents of Notice [1300 - 1304] ( Article 1 enacted by Stats. 1943, Ch. 368. )
The notice of application must list specified details about the application, the applicant, the diversion, the use, and related notice information.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Contents of Notice [1300 - 1304] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1301. The notice shall specify all of the following: (a) The number of the application. (b) The name and address of the applicant. (c) The date of filing. (d) The source of supply. (e) The amount applied for. (f) The season of diversion. (g) The location of the point of diversion. (h) The use to be made. (i) The location of the place of use. (j) The date of issuance of the notice. (k) Such other information as the board deems necessary. (Amended by Stats. 1957, Ch. 1932.) - 1302. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Contents of Notice [1300 - 1304] ( Article 1 enacted by Stats. 1943, Ch. 368. )
For larger water applications, the notice must say that protests may be filed within 60 days after the notice is issued, unless the board allows more time for good cause.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Contents of Notice [1300 - 1304] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1302. If the application is for more than three cubic feet per second or for more than 200 acre-feet per annum of storage, the notice shall state that protests against the approval of the application may be filed within 60 days from the date of issuance of the notice or within such further time as the board may, for good cause shown, allow. (Amended by Stats. 1957, Ch. 1932.) - 13020. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 1.5. Short Title [13020- 13020.] ( Chapter 1.5 added by Stats. 1969, Ch. 482. )
This section gives the division its short title: the Porter-Cologne Water Quality Control Act.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 1.5. Short Title [13020- 13020.] ( Chapter 1.5 added by Stats. 1969, Ch. 482. ) ## 13020. This division shall be known and may be cited as the Porter-Cologne Water Quality Control Act. (Repealed and added by Stats. 1969, Ch. 482.) - 1303. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Contents of Notice [1300 - 1304] ( Article 1 enacted by Stats. 1943, Ch. 368. )
For certain small water applications, the notice must say protests can be filed within 40 days; the board may allow more time for good cause.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Contents of Notice [1300 - 1304] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1303. If the application is for three cubic feet or less per second, or for 200 acre-feet or less per annum of storage, the notice shall state that protests may be filed within 40 days from date thereof or within such further time as the board may, for good cause shown, allow. (Amended by Stats. 1957, Ch. 1932.) - 1304. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Contents of Notice [1300 - 1304] ( Article 1 enacted by Stats. 1943, Ch. 368. )
The notice must include general information about what protests against approval of the application should contain so they comply with the law and the board’s rules and regulations.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Contents of Notice [1300 - 1304] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1304. The notice shall contain appropriate general information as to what protests against the approval of the application shall contain in order to accord with the requirements of law and the rules and regulations of the board. (Amended by Stats. 1957, Ch. 1932.) - 13050. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 2. Definitions [13050 - 13051] ( Chapter 2 added by Stats. 1969, Ch. 482. )
This section defines key terms used in the Water Code water quality division.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 2. Definitions [13050 - 13051] ( Chapter 2 added by Stats. 1969, Ch. 482. ) ## 13050. As used in this division: (a) “State board” means the State Water Resources Control Board. (b) “Regional board” means any California regional water quality control board for a region as specified in Section 13200. (c) “Person” includes any city, county, district, the state, and the United States, to the extent authorized by federal law. (d) “Waste” includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for purposes of, disposal. (e) “Waters of the state” means any surface water or groundwater, including saline waters, within the boundaries of the state. (f) “Beneficial uses” of the waters of the state that may be protected against quality degradation include, but are not limited to, domestic, municipal, agricultural and industrial supply; power generation; recreation; aesthetic enjoyment; navigation; and preservation and enhancement of fish, wildlife, and other aquatic resources or preserves. (g) “Quality of the water” refers to chemical, physical, biological, bacteriological, radiological, and other properties and characteristics of water which affect its use. (h) “Water quality objectives” means the limits or levels of water quality constituents or characteristics which are established for the reasonable protection of beneficial uses of water or the prevention of nuisance within a specific area. (i) “Water quality control” means the regulation of any activity or factor which may affect the quality of the waters of the state and includes the prevention and correction of water pollution and nuisance. (j) “Water quality control plan” consists of a designation or establishment for the waters within a specified area of all of the following: (1) Beneficial uses to be protected. (2) Water quality objectives. (3) A program of implementation needed for achieving water quality objectives. (k) “Contamination” means an impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. “Contamination” includes any equivalent effect resulting from the disposal of waste, whether or not waters of the state are affected. (l) (1) “Pollution” means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects either of the following: (A) The waters for beneficial uses. (B) Facilities which serve these beneficial uses. (2) “Pollution” may include “contamination.” (m) “Nuisance” means anything which meets all of the following requirements: (1) Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. (2) Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. (3) Occurs during, or as a result of, the treatment or disposal of wastes. (n) “Recycled water” means water which, as a result of treatment of waste, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefor considered a valuable resource. (o) “Citizen or domiciliary” of the state includes a foreign corporation having substantial business contacts in the state or which is subject to service of process in this state. (p) (1) “Hazardous substance” means either of the following: (A) For discharge to surface waters, any substance determined to be a hazardous substance pursuant to Section 311(b)(2) of the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.). (B) For discharge to groundwater, any substance listed as a hazardous waste or hazardous material pursuant to Section 25140 of the Health and Safety Code, without regard to whether the substance is intended to be used, reused, or discarded, except that “hazardous substance” does not include any substance excluded from Section 311(b)(2) of the Federal Water Pollution Control Act because it is within the scope of Section 311(a)(1) of that act. (2) “Hazardous substance” does not include any of the following: (A) Nontoxic, nonflammable, and noncorrosive stormwater runoff drained from underground vaults, chambers, or manholes into gutters or storm sewers. (B) Any pesticide which is applied for agricultural purposes or is applied in accordance with a cooperative agreement authorized by Section 116180 of the Health and Safety Code, and is not discharged accidentally or for purposes of disposal, the application of which is in compliance with all applicable state and federal laws and regulations. (C) Any discharge to surface water of a quantity less than a reportable quantity as determined by regulations issued pursuant to Section 311(b)(4) of the Federal Water Pollution Control Act. (D) Any discharge to land which results, or probably will result, in a discharge to groundwater if the amount of the discharge to land is less than a reportable quantity, as determined by regulations adopted pursuant to Section 13271, for substances listed as hazardous pursuant to Section 25140 of the Health and Safety Code. No discharge shall be deemed a discharge of a reportable quantity until regulations set a reportable quantity for the substance discharged. (q) (1) “Mining waste” means all solid, semisolid, and liquid waste materials from the extraction, beneficiation, and processing of ores and minerals. Mining waste includes, but is not limited to, soil, waste rock, and overburden, as defined in Section 2732 of the Public Resources Code, and tailings, slag, and other processed waste materials, including cementitious materials that are managed at the cement manufacturing facility where the materials were generated. (2) For the purposes of this subdivision, “cementitious material” means cement, cement kiln dust, clinker, and clinker dust. (r) “Master recycling permit” means a permit issued to a supplier or a distributor, or both, of recycled water, that includes waste discharge requirements prescribed pursuant to Section 13263 and water recycling requirements prescribed pursuant to Section 13523.1. (Amended by Stats. 1996, Ch. 1023, Sec. 429. Effective September 29, 1996.) - 13051. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 2. Definitions [13050 - 13051] ( Chapter 2 added by Stats. 1969, Ch. 482. )
This section defines “injection well” for this division.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 2. Definitions [13050 - 13051] ( Chapter 2 added by Stats. 1969, Ch. 482. ) ## 13051. As used in this division, “injection well” means any bored, drilled, or driven shaft, dug pit, or hole in the ground into which waste or fluid is discharged, and any associated subsurface appurtenances, and the depth of which is greater than the circumference of the shaft, pit, or hole. (Added by Stats. 1985, Ch. 1591, Sec. 3.) - 131. Verify source ↗
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. )
The department may hire necessary assistance and buy or rent needed supplies, tools, equipment, and similar items.
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## 131. The department may employ such assistance as may be necessary for the proper discharge of its duties, and may purchase or rent any necessary supplies, instruments, tools, equipment, and conveniences. (Added by Stats. 1957, Ch. 1932.) - 1310. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Publication of Notice [1310 - 1317] ( Article 2 enacted by Stats. 1943, Ch. 368. )
If a water application is for more than 3 cubic feet per second or more than 200 acre-feet per year of storage, the notice of application must be published under this article.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Publication of Notice [1310 - 1317] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1310. If the application is for more than three cubic feet per second or for more than 200 acre-feet per annum of storage the notice of application shall be published in accordance with this article. (Enacted by Stats. 1943, Ch. 368.) - 13100. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. State Water Resources Control Board [13100- 13100.] ( Article 1 added by Stats. 1969, Ch. 482. )
This section states that the State Water Resources Control Board and the California regional water quality control boards are in the Resources Agency.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. State Water Resources Control Board [13100- 13100.] ( Article 1 added by Stats. 1969, Ch. 482. ) ## 13100. There is in the Resources Agency the State Water Resources Control Board and the California regional water quality control boards. The organization, membership, and some of the duties of the state board are provided for in Article 3 (commencing with Section 174) of Chapter 2 of Division 1 of this code. (Amended by Stats. 1976, Ch. 596. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.) - 1311. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Publication of Notice [1310 - 1317] ( Article 2 enacted by Stats. 1943, Ch. 368. )
An applicant must publish the notice of an application under this article, following the board’s directions.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Publication of Notice [1310 - 1317] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1311. Upon receipt of notice of an application coming under this article, the applicant shall cause it to be published as directed by the board. (Amended by Stats. 1957, Ch. 1932.) - 1312. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Publication of Notice [1310 - 1317] ( Article 2 enacted by Stats. 1943, Ch. 368. )
The applicant must publish the notice of application at its own expense once a week for three consecutive weeks, starting within 20 days after the notice is issued, in the required newspaper(s).
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Publication of Notice [1310 - 1317] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1312. The notice shall be published at the expense of the applicant at least once a week for three consecutive weeks, commencing within 20 days of the date of issuance of the notice, in a newspaper having a general circulation and published within the county wherein the point of diversion lies, or, if there are points of diversion in more than one county, in each county in which a point of diversion lies. (Amended by Stats. 1970, Ch. 773.) - 1313. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Publication of Notice [1310 - 1317] ( Article 2 enacted by Stats. 1943, Ch. 368. )
If there is no newspaper published in the county, the publication must be made in a newspaper with general circulation in that county.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Publication of Notice [1310 - 1317] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1313. In case there is no newspaper published within the appropriate county publication shall be made in a newspaper having a general circulation within the county. (Enacted by Stats. 1943, Ch. 368.) - 13140. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Policy for Water Quality Control [13140 - 13149.2] ( Article 3 added by Stats. 1969, Ch. 482. )
The state board must formulate and adopt state policy for water quality control.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Policy for Water Quality Control [13140 - 13149.2] ( Article 3 added by Stats. 1969, Ch. 482. ) ## 13140. The state board shall formulate and adopt state policy for water quality control. Such policy shall be adopted in accordance with the provisions of this article and shall be in conformity with the policies set forth in Chapter 1 (commencing with Section 13000). (Added by Stats. 1969, Ch. 482.) - 13141. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Policy for Water Quality Control [13140 - 13149.2] ( Article 3 added by Stats. 1969, Ch. 482. )
Water quality control plans and policies become part of the California Water Plan after they are reported to the Legislature; regional plans must also include cost and financing estimates before agricultural water quality control programs are implemented.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Policy for Water Quality Control [13140 - 13149.2] ( Article 3 added by Stats. 1969, Ch. 482. ) ## 13141. State policy for water quality control adopted or revised in accordance with the provisions of this article, and regional water quality control plans approved or revised in accordance with Section 13245, shall become a part of the California Water Plan effective when such state policy for water quality control, and such regional water quality control plans have been reported to the Legislature at any session thereof. However, prior to implementation of any agricultural water quality control program, an estimate of the total cost of such a program, together with an identification of potential sources of financing, shall be indicated in any regional water quality control plan. (Amended by Stats. 1976, Ch. 149.) - 13142. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Policy for Water Quality Control [13140 - 13149.2] ( Article 3 added by Stats. 1969, Ch. 482. )
State policy for water quality control consists of water quality principles, guidelines, and objectives, including items for long-range planning, water resource development projects, and other matters the state board deems essential.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Policy for Water Quality Control [13140 - 13149.2] ( Article 3 added by Stats. 1969, Ch. 482. ) ## 13142. State policy for water quality control shall consist of all or any of the following: (a) Water quality principles and guidelines for long-range resource planning, including ground water and surface water management programs and control and use of recycled water. (b) Water quality objectives at key locations for planning and operation of water resource development projects and for water quality control activities. (c) Other principles and guidelines deemed essential by the state board for water quality control. The principles, guidelines, and objectives shall be consistent with the state goal of providing a decent home and suitable living environment for every Californian. (Amended by Stats. 1995, Ch. 28, Sec. 18. Effective January 1, 1996.) - 13142.5. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Policy for Water Quality Control [13140 - 13149.2] ( Article 3 added by Stats. 1969, Ch. 482. )
This section sets coastal water-quality policies for wastewater discharges, recycled water use, and marine protection.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Policy for Water Quality Control [13140 - 13149.2] ( Article 3 added by Stats. 1969, Ch. 482. ) ## 13142.5. In addition to any other policies established pursuant to this division, the policies of the state with respect to water quality as it relates to the coastal marine environment are that: (a) Wastewater discharges shall be treated to protect present and future beneficial uses, and, where feasible, to restore past beneficial uses of the receiving waters. Highest priority shall be given to improving or eliminating discharges that adversely affect any of the following: (1) Wetlands, estuaries, and other biologically sensitive sites. (2) Areas important for water contact sports. (3) Areas that produce shellfish for human consumption. (4) Ocean areas subject to massive waste discharge. Ocean chemistry and mixing processes, marine life conditions, other present or proposed outfalls in the vicinity, and relevant aspects of areawide waste treatment management plans and programs, but not of convenience to the discharger, shall for the purposes of this section, be considered in determining the effects of such discharges. Toxic and hard-to-treat substances should be pretreated at the source if such substances would be incompatible with effective and economical treatment in municipal treatment plants. (b) For each new or expanded coastal powerplant or other industrial installation using seawater for cooling, heating, or industrial processing, the best available site, design, technology, and mitigation measures feasible shall be used to minimize the intake and mortality of all forms of marine life. (c) Where otherwise permitted, new warmed or cooled water discharges into coastal wetlands or into areas of special biological importance, including marine reserves and kelp beds, shall not significantly alter the overall ecological balance of the receiving area. (d) Independent baseline studies of the existing marine system should be conducted in the area that could be affected by a new or expanded industrial facility using seawater in advance of the carrying out of the development. (e) (1) Adequately treated recycled water should, where feasible, be made available to supplement existing surface and underground supplies and to assist in meeting future water requirements of the coastal zone, and consideration, in statewide programs of financial assistance for water pollution or water quality control, shall be given to providing optimum water recycling and use of recycled water. (2) If recycled water is available for industrial use, any discharge to waters in the coastal zone, including the San Francisco Bay, after industrial use, may be authorized if all of the following conditions are met: (A) The discharge will not unreasonably affect beneficial uses. (B) The discharge is consistent with applicable water quality control plans and state policy for water quality control. (C) The use of recycled water is consistent with Chapter 7 (commencing with Section 13500). (D) The discharge is consistent with all applicable requirements of Chapter 5.5 (commencing with Section 13370). (E) The discharge is to the same general receiving water location as that to which the wastewater would be discharged if not reused. (3) Any requirement imposed pursuant to Section 13263 or 13377 shall be adjusted to reflect a credit for waste present in the recycled water before reuse. The credit shall be limited to the difference between the amount of waste present in the nonrecycled water supply otherwise available to the industry and the amount of waste present in the recycled water. (4) If the amount of waste in the discharge exceeds prescribed requirements because the amount of waste in the recycled water is in excess of that agreed to be furnished by the supplier to the discharger, no enforcement action shall be taken against the discharger unless both of the following statements apply: (A) The supplier of the recycled water fails to correct the problem within 30 days after the cause of the problem is identified, or within any greater period of time agreed to by the appropriate regional board. (B) The discharger continues to receive the recycled water from the supplier. (f) This section shall not apply to industrial discharges into publicly owned treatment works. (Amended by Stats. 1995, Ch. 28, Sec. 19. Effective January 1, 1996.) - 13143. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Policy for Water Quality Control [13140 - 13149.2] ( Article 3 added by Stats. 1969, Ch. 482. )
The state water quality policy must be reviewed periodically and may be revised.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Policy for Water Quality Control [13140 - 13149.2] ( Article 3 added by Stats. 1969, Ch. 482. ) ## 13143. State policy for water quality control shall be periodically reviewed and may be revised. (Added by Stats. 1969, Ch. 482.) - 13144. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Policy for Water Quality Control [13140 - 13149.2] ( Article 3 added by Stats. 1969, Ch. 482. )
When forming or revising state water quality policy, the state board must consult with and carefully evaluate recommendations from concerned federal, state, and local agencies.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Policy for Water Quality Control [13140 - 13149.2] ( Article 3 added by Stats. 1969, Ch. 482. ) ## 13144. During the process of formulating or revising state policy for water quality control the state board shall consult with and carefully evaluate the recommendations of concerned federal, state, and local agencies. (Added by Stats. 1969, Ch. 482.) - 13145. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Policy for Water Quality Control [13140 - 13149.2] ( Article 3 added by Stats. 1969, Ch. 482. )
The state board must consider how actions taken under this chapter affect the California Water Plan and other related government plans.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Policy for Water Quality Control [13140 - 13149.2] ( Article 3 added by Stats. 1969, Ch. 482. ) ## 13145. The state board shall take into consideration the effect of its actions pursuant to this chapter on the California Water Plan as adopted or revised pursuant to Division 6 (commencing with Section 10000) of this code, and on any other general or coordinated governmental plan looking toward the development, utilization, or conservation of the waters of the state. (Added by Stats. 1969, Ch. 482.) - 13146. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Policy for Water Quality Control [13140 - 13149.2] ( Article 3 added by Stats. 1969, Ch. 482. )
State offices, departments, and boards must follow state water quality policy when their activities affect water quality.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Policy for Water Quality Control [13140 - 13149.2] ( Article 3 added by Stats. 1969, Ch. 482. ) ## 13146. State offices, departments and boards, in carrying out activities which affect water quality, shall comply with state policy for water quality control unless otherwise directed or authorized by statute, in which case they shall indicate to the state board in writing their authority for not complying with such policy. (Added by Stats. 1969, Ch. 482.) - 13147. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Policy for Water Quality Control [13140 - 13149.2] ( Article 3 added by Stats. 1969, Ch. 482. )
The state board may not adopt state water quality policy unless it first holds a public hearing.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Policy for Water Quality Control [13140 - 13149.2] ( Article 3 added by Stats. 1969, Ch. 482. ) ## 13147. The state board shall not adopt state policy for water quality control unless a public hearing is first held respecting the adoption of such policy. At least 60 days in advance of such hearing the state board shall notify any affected regional boards, unless notice is waived by such boards, and shall give notice of such hearing by publication within the affected region pursuant to Section 6061 of the Government Code. The regional boards shall submit written recommendations to the state board at least 20 days in advance of the hearing. (Amended by Stats. 1971, Ch. 1288.) - 13148. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Policy for Water Quality Control [13140 - 13149.2] ( Article 3 added by Stats. 1969, Ch. 482. )
Certain local agencies may regulate residential self-regenerating water softeners, but only after a regional board finding, a public hearing, and waiting periods.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Policy for Water Quality Control [13140 - 13149.2] ( Article 3 added by Stats. 1969, Ch. 482. ) ## 13148. (a) This section applies to the following hydrologic regions as identified in the California Water Plan: Central Coast, South Coast, San Joaquin River, Tulare Lake, and the Counties of Butte, Glenn, Placer, Sacramento, Solano, Sutter, and Yolo. (b) Notwithstanding Article 1 (commencing with Section 116775) of Chapter 5 of Part 12 of Division 104 of the Health and Safety Code, any local agency that owns or operates a community sewer system or water recycling facility and that is subject to a finding made by a regional board pursuant to subdivision (e) may take action to control salinity input from residential self-regenerating water softeners to protect the quality of the waters of the state. A local agency may take action only by adoption of an ordinance or resolution after a public hearing. The local agency shall not consider the adoption of an ordinance or resolution until at least 30 days following the date of the public hearing on the proposed ordinance or resolution. An ordinance or resolution shall become effective 30 days from the date of adoption. (c) Actions to control residential self-regenerating water softener salinity inputs authorized by subdivision (b) include, but are not limited to, any of the following: (1) Require that residential self-regenerating water softeners installed within the jurisdiction of the local agency be rated at the highest efficiency commercially available and certified by NSF International or the American National Standards Institute. (2) Require that plumbing permits be obtained prior to the installation of residential self-regenerating water softeners. (3) Require that residential self-regenerating water softeners be plumbed to hook up to hot water only. (4) Enact a voluntary buy-back or exchange program for residential self-regenerating water softeners, consistent with existing law. A voluntary buy-back or exchange program may be conducted in cooperation with local water treatment businesses. (5) Require the removal of previously installed residential self-regenerating water softeners. (6) Prohibit the installation of residential self-regenerating water softeners. (7) Require the retrofit of clock control and demand control systems on previously installed residential self-regenerating water softeners. (8) Require the replacement of previously installed residential self-regenerating water softeners with appliances that meet or exceed the salt efficiency rating set forth in paragraph (2) of subdivision (b) of Section 116785 of the Health and Safety Code. (d) If a local agency adopts an ordinance or resolution to require the removal of previously installed residential self-regenerating water softeners pursuant to paragraph (5) of subdivision (c), the local agency shall make available to owners of residential self-regenerating water softeners within its service area a program to compensate the owner of the residential self-regenerating water softener for the reasonable value of the removed residential self-regenerating water softener, as determined by the local agency. (e) Before a local agency may take action to control salinity input from residential self-regenerating water softeners pursuant to subdivision (b), a regional board with jurisdiction over a region identified in subdivision (a) shall have made a finding at a public hearing that the control of residential salinity input will contribute to the achievement of water quality objectives. The finding may be made in any of the following water quality actions adopted by a regional board: (1) A total maximum daily load that addresses salinity-related pollutants in a water segment. (2) A salt and nutrient management plan for a groundwater basin or subbasin. (3) Waste discharge requirements for a local agency discharger. (4) Master reclamation permit for a supplier or distributor of recycled water. (5) Water recycling requirements for a supplier or distributor of recycled water. (6) Cease and desist order directed to a local agency. (f) The regional board making a finding pursuant to subdivision (e) shall base its finding on the evidence in the record, such as a source determination study or other appropriate studies. The standard of judicial review required for a finding made pursuant to subdivision (e) shall be the same as the standard of review required for the water quality action in which the finding is made. (g) This section does not limit the use of portable exchange water softening appliances or limit the authority of a local agency to regulate the discharge from a centralized portable exchange tank servicing facility into the community sewer system. (h) For purposes of this section, “residential self-regenerating water softener” means residential water softening equipment or conditioning appliances that discharge brine into a community sewer system. (Added by Stats. 2009, Ch. 527, Sec. 2. (AB 1366) Effective January 1, 2010.) - 13149. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Policy for Water Quality Control [13140 - 13149.2] ( Article 3 added by Stats. 1969, Ch. 482. )
The board must adopt water diversion and use guidelines for cannabis cultivation, with Fish and Wildlife consultation, and must give the public at least 60 days to review and comment before adoption.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Policy for Water Quality Control [13140 - 13149.2] ( Article 3 added by Stats. 1969, Ch. 482. ) ## 13149. (a) (1) (A) The board, in consultation with the Department of Fish and Wildlife, shall adopt principles and guidelines for diversion and use of water for cannabis cultivation in areas where cannabis cultivation may have the potential to substantially affect instream flows. The principles and guidelines adopted under this section may include, but are not limited to, instream flow objectives, limits on diversions, and requirements for screening of diversions and elimination of barriers to fish passage. The principles and guidelines may include requirements that apply to groundwater extractions where the board determines those requirements are reasonably necessary for purposes of this section. (B) Prior to adopting principles and guidelines under this section, the board shall allow for public comment and hearing, pursuant to Section 13147. The board shall provide an opportunity for the public to review and comment on the proposal for at least 60 days and shall consider the public comments before adopting the principles and guidelines. (2) The board, in consultation with the Department of Fish and Wildlife, shall adopt principles and guidelines pending the development of long-term principles and guidelines under paragraph (1). The principles and guidelines, including the interim principles and guidelines, shall include measures to protect springs, wetlands, and aquatic habitats from negative impacts of cannabis cultivation. The board may update the interim principles and guidelines as it determines to be reasonably necessary for purposes of this section. (3) The Department of Fish and Wildlife, in consultation with the board, may establish interim requirements to protect fish and wildlife from the impacts of diversions for cannabis cultivation pending the adoption of long-term principles and guidelines by the board under paragraph (1). The requirements may also include measures to protect springs, wetlands, and aquatic habitats from negative impacts of cannabis cultivation. (b) (1) Notwithstanding Section 15300.2 of Title 14 of the California Code of Regulations, actions of the board and the Department of Fish and Wildlife under this section shall be deemed to be within Section 15308 of Title 14 of the California Code of regulations, provided that those actions do not involve relaxation of existing streamflow standards. (2) The board shall adopt principles and guidelines under this section as part of state policy for water quality control adopted pursuant to Article 3 (commencing with Section 13140) of Chapter 3 of Division 7. (3) If the Department of Fish and Wildlife establishes interim requirements under this section, it shall do so as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of those interim requirements is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the emergency regulations shall remain in effect until revised by the Department of Fish and Wildlife, provided that the emergency regulations shall not apply after long-term principles and guidelines adopted by the board under this section take effect for the stream or other body of water where the diversion is located. (4) A diversion for cannabis cultivation is subject to both the interim principles and guidelines and the interim requirements in the period before final principles and guidelines are adopted by the board. (5) The board shall have primary enforcement responsibility for principles and guidelines adopted under this section, and shall notify the Department of Cannabis Control of any enforcement action taken. (Amended by Stats. 2021, Ch. 70, Sec. 116. (AB 141) Effective July 12, 2021.) - 13149.2. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Policy for Water Quality Control [13140 - 13149.2] ( Article 3 added by Stats. 1969, Ch. 482. )
The state board or a regional board must make environmental justice-related findings when adopting or issuing certain water quality plans, policies, requirements, or waivers, and base those findings on readily available information.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Policy for Water Quality Control [13140 - 13149.2] ( Article 3 added by Stats. 1969, Ch. 482. ) ## 13149.2. (a) It is the intent of the Legislature in enacting this section to facilitate the development of analyses and findings that apply environmental justice objectives, goals, and policies adopted by the state board and the regional boards in a transparent and inclusive manner. (b) When adopting water quality control plans or state policies for water quality control, including amendments to those plans and policies that incorporate an implementation program allowing time to comply with water quality objectives, the state board or a regional board shall make a concise, programmatic finding on potential environmental justice, tribal impact, and racial equity considerations related to the adoption. The finding shall be based on readily available information identified by staff or raised during the public review process and shall include both of the following: (1) A concise summary of the anticipated water quality impact in disadvantaged or tribal communities as a result of the permitted activity or facility, and any environmental justice concerns within the scope of the state board or regional board’s authority previously raised to the applicable board by interested persons with regard to these impacts. (2) Identification of measures available and within the scope of the state board or regional board’s authority to address the impacts of the permitted activity or facility in a disadvantaged or tribal community. (c) When issuing or reissuing regional or statewide waste discharge requirements or waivers of waste discharge requirements, the state board or a regional board shall make a concise, programmatic finding on potential environmental justice, tribal impact, and racial equity considerations related to the issuance. For reissuances, the finding may be limited to considerations related to any changes to the requirements of the prior waste discharge requirements or waivers of waste discharge requirements. The finding shall be based on readily available information identified by staff or raised during the public review process and include the information specified in paragraphs (1) and (2) of subdivision (b). (d) When issuing or reissuing individual waste discharge requirements or waivers of waste discharge requirements that regulate activity or a facility that may impact a disadvantaged or tribal community, and that includes a time schedule in accordance with subdivision (c) of Section 13263 for achieving an applicable water quality objective, an alternative compliance path that allows time to come into compliance with water quality objectives, or a water quality variance, the state board or a regional board shall make a finding on potential environmental justice, tribal impact, and racial equity considerations. For reissuances, the finding may be limited to considerations related to any changes to the requirements of the prior waste discharge requirements or waivers of waste discharge requirements. The finding shall be based on readily available information identified by staff or raised during the public review process and include the information specified in paragraphs (1) and (2) of subdivision (b). This subdivision does not apply to the use of mixing zones or dilution credits. (e) This section does not apply to certifications issued pursuant to Section 401 of the federal Clean Water Act (33 U.S.C. Sec. 1341) or enrollments of dischargers under general waste discharge requirements or general waivers of waste discharge requirements. (f) For purposes of this section, the following definitions apply: (1) “Disadvantaged community” means a community in which the median household income is less than 80 percent of the statewide annual median household income level. (2) “Environmental justice” has the same meaning as defined in Section 30107.3 of the Public Resources Code. (3) “Tribal community” means a community within a federally recognized California Native American tribe or nonfederally recognized Native American tribe on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004. (Added by Stats. 2022, Ch. 347, Sec. 3. (AB 2108) Effective January 1, 2023.) - 1315. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Publication of Notice [1310 - 1317] ( Article 2 enacted by Stats. 1943, Ch. 368. )
The applicant must file proof of publication within 60 days after the notice is issued.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Publication of Notice [1310 - 1317] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1315. Proof of publication shall be filed by the applicant within 60 days from the date of issuance of the notice. (Enacted by Stats. 1943, Ch. 368.) - 1316. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Publication of Notice [1310 - 1317] ( Article 2 enacted by Stats. 1943, Ch. 368. )
Proof of publication must be shown by attaching a published copy of the notice to the affidavit of the newspaper’s publisher or foreman.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Publication of Notice [1310 - 1317] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1316. Proof of publication shall be by copy of the notice as published attached to and made a part of the affidavit of the publisher or foreman of the newspaper publishing the notice. (Enacted by Stats. 1943, Ch. 368.) - 13160. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The state board may issue certain federal water-quality certificates or statements, and it must reserve authority to reopen and revise them under stated conditions.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13160. (a) The state board is designated as the state water pollution control agency for all purposes stated in the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.) and any other existing or subsequently enacted federal water quality control law. (b) (1) The state board is authorized to give any certificate or statement required by any federal agency pursuant to the Federal Water Pollution Control Act or any other federal water quality control law that there is reasonable assurance that an activity of any person subject to the jurisdiction of the state board will comply with applicable requirements of that federal law or any other appropriate requirements of state law. (2) The state board may issue the certificate or statement under paragraph (1) before completion of the environmental review required under Division 13 (commencing with Section 21000) of the Public Resources Code if the state board determines that waiting until completion of that environmental review to issue the certificate or statement poses a substantial risk of waiver of the state board’s certification authority under the Federal Water Pollution Control Act or any other federal water quality control law. To the extent authorized by federal law, the state board shall reserve authority to reopen and, after public notice, an opportunity for comment, and, when appropriate, an opportunity for a hearing, revise the certificate or statement as appropriate to incorporate feasible measures to avoid or reduce significant environmental impacts or to make any necessary findings based on the information provided in the environmental document prepared for the project. (c) The state board is authorized to exercise any powers delegated to the state and carry out any program a state is authorized to administer under the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.) and any amendments to that act. (Amended by Stats. 2020, Ch. 18, Sec. 9. (AB 92) Effective June 29, 2020.) - 13160.1. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The state board may set a reasonable fee schedule for certain water-quality certificates, and fees collected under this section must be deposited in the Water Rights Fund.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13160.1. (a) The state board may establish a reasonable fee schedule to cover the costs incurred by the state board and the regional boards in connection with any certificate that is required or authorized by any federal law with respect to the effect of any existing or proposed facility, project, or construction work upon the quality of waters of the state, including certificates requested by applicants for a federal permit or license pursuant to Section 401 of the Federal Water Pollution Control Act, as amended, and certificates requested pursuant to Section 169 of the Internal Revenue Code, as amended, with respect to water pollution control facilities. (b) In providing for the recovery of costs incurred by the state board and regional board pursuant to this section, the state board may include in the fee schedule, but is not limited to including, the costs incurred in reviewing applications for certificates, prescribing terms of certificates and monitoring requirements, enforcing and evaluating compliance with certificates and monitoring requirements, conducting monitoring and modeling, analyzing laboratory samples, reviewing documents prepared for the purpose of regulating activities subject to certificates, and administrative costs incurred in connection with carrying out these actions. The costs of reviewing applications for certificates include, but are not limited to, the costs incurred in anticipation of the filing of an application for a certificate, including participation in any prefiling consultation, and investigation or studies to evaluate the impacts of the proposed activity. (c) (1) The fee schedule may provide for payment of a single fee in connection with the filing of an application, or for periodic or annual fees, as appropriate to the type of certificate issued and the activity authorized by the certificate. (2) The fee schedule authorized by this section may impose a fee upon any of the following: (A) Any person who files an application for a certificate. (B) Any person who files with the state board or a regional board a notice of intent to file an application for a certificate, or who files with a federal agency a notice of intent to apply for a federal permit or license for which a certificate will be required under Section 401 of the Federal Water Pollution Control Act. (C) Any person holding a federal permit or license for which a certificate has been issued. (D) Any person required to send a notice of intent to the state board or a regional board to proceed with an activity permitted by a general permit subject to certification under Section 13160. (d) (1) If the state board establishes a fee schedule pursuant to this section, the state board shall adopt the fee schedule by emergency regulation. The state board shall set the amount of total revenues collected each year through the fee authorized by this section at an amount equal to the revenue levels set forth in the annual Budget Act for this activity. The state board shall review and revise the fee each fiscal year as necessary to conform with the revenue levels set forth in the annual Budget Act. If the state board determines that the revenue collected during the preceding year was greater than, or less than, the revenue levels set forth in the annual Budget Act, the state board may further adjust the annual fees to compensate for the over or under collection of revenue. (2) The emergency regulations adopted pursuant to this subdivision, any amendment thereto, or subsequent adjustments to the annual fees, shall be adopted by the state board in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the state board, or adjustments to the annual fees made by the state board pursuant to this section, shall remain in effect until revised by the state board. (e) Any fees collected pursuant to this section in connection with certificates for activities subject to Section 1551 shall be deposited into the Water Rights Fund. (Amended by Stats. 2025, Ch. 401, Sec. 24. (AB 1520) Effective January 1, 2026.) - 13161. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The state board must each year determine state needs for water quality research and recommend projects to carry out.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13161. The state board shall annually determine state needs for water quality research and recommend projects to be conducted. (Added by Stats. 1969, Ch. 482.) - 13162. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The state board must administer any statewide research program on the technical phases of water quality control that is delegated to it by law, and it may accept funding for that purpose and carry out the program on its own or with others.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13162. The state board shall administer any statewide program of research in the technical phases of water quality control which may be delegated to it by law and may accept funds from the United States or any person to that end. The state board may conduct such a program independently, or by contract or in cooperation with any federal or state agency, including any political subdivision of the state, or any person or public or private organization. (Added by Stats. 1969, Ch. 482.) - 13163. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The state board must coordinate and consult on water-quality investigations, and state agencies must share investigation plans and results and either follow the board’s recommendations or explain in writing why they do not.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13163. (a) The state board shall coordinate water-quality-related investigations of state agencies, recognizing that other state agencies have primary statutory authority for such investigations, and shall consult with the concerned regional boards in implementing this section. (b) The state board from time to time shall evaluate the need for water-quality-related investigations to effectively develop and implement statewide policy for water quality control and shall transmit its recommendations for investigations to affected or concerned federal, state, and local agencies. The affected state agencies shall comply with the recommendations or shall advise the state board in writing why they do not comply with such recommendations. (c) State agencies shall submit to the state board plans for and results of all investigations that relate to or have an effect upon water quality for review and comment. (Added by Stats. 1969, Ch. 482.) - 13164. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The state board must create, adopt, and update general procedures for regional boards to use when making water quality control plans.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13164. The state board shall formulate, adopt and revise general procedures for the formulation, adoption and implementation by regional boards of water quality control plans. During the process of formulating or revising such procedures, the state board shall consult with and evaluate the recommendations of any affected regional boards. (Amended by Stats. 1972, Ch. 813.) - 13165. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The state board may require state or local agencies to investigate and report on technical factors in water quality control, so long as the burden and costs of the reports are reasonably related to the need and benefits.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13165. The state board may require any state or local agency to investigate and report on any technical factors involved in water quality control; provided that the burden, including costs, of such reports shall bear a reasonable relationship to the need for the reports and the benefits to be obtained therefrom. (Added by Stats. 1969, Ch. 482.) - 13166. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The state board must prepare and implement a statewide water quality information storage and retrieval program, with help from the regional boards.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13166. The state board, with the assistance of the regional boards, shall prepare and implement a statewide water quality information storage and retrieval program. Such program shall be coordinated and integrated to the maximum extent practicable with data storage and retrieval programs of other agencies. (Added by Stats. 1969, Ch. 482.) - 13167. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The state board must run a public information program on water quality and keep an accessible website file with specified water-quality materials.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13167. (a) The state board shall implement, with the assistance of the regional boards, a public information program on matters involving water quality, and shall place and maintain on its Internet Web site, in a format accessible to the general public, an information file on water quality monitoring, assessment, research, standards, regulation, enforcement, and other pertinent matters. (b) The information file described in subdivision (a) shall include, but need not be limited to, copies of permits, waste discharge requirements, waivers, enforcement actions, and petitions for review of these actions pursuant to this division. The file shall include copies of water quality control plans and policies, including any relevant management agency agreements pursuant to this chapter and Chapter 4 (commencing with Section 13200), and monitoring data and assessment information, or shall identify Internet links to that information. The state board, in consultation with the regional boards, shall ensure that the information is available in single locations, rather than separately by region, and that the information is presented in a manner easily understandable by the general public. (Amended by Stats. 2006, Ch. 750, Sec. 2. Effective January 1, 2007.) - 13167.5. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The state board or regional board must give notice and at least 30 days for public comment before adopting certain water-related requirements or orders.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13167.5. (a) The state board or the regional board, as applicable, shall provide notice and a period of at least 30 days for public comment prior to the adoption of any of the following: (1) Waste discharge requirements prescribed pursuant to Sections 13263 or 13377. (2) Water reclamation requirements prescribed pursuant to Section 13523. (3) An order issued pursuant to Section 13320. (4) A time schedule order adopted pursuant to Section 13300 that sets forth a schedule of compliance and required actions relating to waste discharge requirements prescribed pursuant to Section 13263 or 13377. (b) The notification required by subdivision (a) may be provided by mailing a draft of the waste discharge requirements, water reclamation requirements, time schedule order, or order issued pursuant to Section 13320 to each person who has requested notice of the specific item, or by posting a draft of the respective requirements or order on the official Internet site maintained by the state board or regional board, and providing notice of that posting by electronic mail to each person who has requested notice. (c) This section does not require the state board or the regional board to provide more than one notice or more than one public comment period prior to the adoption of waste discharge requirements, water reclamation requirements, a time schedule order, or an order issued pursuant to Section 13320. (Added by Stats. 2003, Ch. 690, Sec. 1. Effective January 1, 2004.) - 13167.6. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
For meeting agenda notices covered by this section, the state board must provide them in English and Spanish, and it may provide them in other languages too.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13167.6. For each meeting agenda notice that the state board provides pursuant to subdivision (b) of Section 11125 of the Government Code, the state board shall make the agenda notice available in both English and Spanish and may make the agenda notice available in any other language. (Added by Stats. 2012, Ch. 551, Sec. 2. (SB 965) Effective January 1, 2013.) - 13168. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The state board must allocate necessary funds to the regional boards, the regional boards must submit annual budgets to the state board, and the state board must prepare an annual budget for its own and the regional boards’ activities, subject to specified budget-control laws.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13168. The state board shall allocate to the regional boards from funds appropriated to the state board such part thereof as may be necessary for the administrative expenses of such boards. The regional boards shall submit annual budgets to the state board. Subject to the provisions of Chapter 3 (commencing with Section 13291) of Part 3, Division 3, Title 2 of the Government Code and any other laws giving the Department of Finance fiscal and budgetary control over state departments generally, the state board shall prepare an annual budget concerning its activities and the activities of the regional boards. (Added by Stats. 1969, Ch. 482.) - 13169. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The state board may develop and run a groundwater protection program, accept related federal grants, and take other needed actions to keep the program in line with federal requirements.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13169. (a) The state board is authorized to develop and implement a groundwater protection program as provided under the Safe Drinking Water Act, Section 300 and following of Title 42 of the United States Code, and any federal act that amends or supplements the Safe Drinking Water Act. The authority of the state board under this section includes, but is not limited to, the following: (1) To apply for and accept state groundwater protection grants from the federal government. (2) To take any additional action as may be necessary or appropriate to assure that the state’s groundwater protection program complies with any federal regulations issued pursuant to the Safe Drinking Water Act or any federal act that amends or supplements the Safe Drinking Water Act. (b) Nothing in this section is intended to expand the authority of the state board as authorized under the Porter-Cologne Water Quality Control Act (Div. 7 (commencing with Sec. 13000) Wat. C.). (Added by Stats. 1997, Ch. 734, Sec. 19. Effective October 7, 1997.) - 1317. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Publication of Notice [1310 - 1317] ( Article 2 enacted by Stats. 1943, Ch. 368. )
The board may cancel an application if the applicant does not file proof of publication, but only after giving written notice and 15 days to file it.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Publication of Notice [1310 - 1317] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1317. The board may cancel any application for failure of the applicant to file proof of publication in accordance with this article, provided the board first gives the applicant written notice of such possible cancellation and 15 days in which to file proof of publication. (Added by Stats. 1963, Ch. 501.) - 13170. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The state board may adopt water quality control plans for waters covered by federal water-quality standards.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13170. The state board may adopt water quality control plans in accordance with the provisions of Sections 13240 to 13244, inclusive, insofar as they are applicable, for waters for which water quality standards are required by the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto. Such plans, when adopted, supersede any regional water quality control plans for the same waters to the extent of any conflict. (Added by Stats. 1971, Ch. 1288.) - 13170.1. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
Before adopting water quality control plans, the state board must consider all relevant management agency agreements intended to protect a specific beneficial use of water.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13170.1. The state board shall consider all relevant management agency agreements, which are intended to protect a specific beneficial use of water, prior to adopting all water quality control plans pursuant to Section 13170. (Added by Stats. 1989, Ch. 578, Sec. 1.) - 13170.2. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The state board must adopt the California Ocean Plan, review it at least every three years, and develop and require bioassay and chemical testing methods for certain ocean discharges.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13170.2. (a) The state board shall formulate and adopt a water quality control plan for ocean waters of the state which shall be known as the California Ocean Plan. (b) The plan shall be reviewed at least every three years to guarantee that the current standards are adequate and are not allowing degradation to indigenous marine species or posing a threat to human health. (c) In formulating the plan, the state board shall develop bioassay protocols to evaluate the effect of municipal and industrial waste discharges on the marine environment. (d) The state board shall adopt the bioassay protocols and complementary chemical testing methods and shall require their use in the monitoring of complex effluent ocean discharges. For purposes of this section, “complex effluent” means an effluent in which all chemical constituents are not known or monitored. The state board shall adopt bioassay protocols and complementary chemical testing methods for complex effluent ocean monitoring by January 1, 1990, and shall require their use in monitoring complex effluent ocean discharges by entities discharging 100 million gallons per day or more by January 1, 1991. The state board shall also adopt a schedule for requiring the use of these protocols for complex effluent ocean discharges of under 100 million gallons per day by January 1, 1992. (Added by Stats. 1986, Ch. 1478, Sec. 2.) - 13170.3. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The state board must, by January 1, 2013, either amend the California Ocean Plan or adopt separate standards for certain brackish groundwater treatment system facilities.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13170.3. On or before January 1, 2013, the state board shall either amend the California Ocean Plan, or adopt separate standards, to address water quality objectives and effluent limitations that are specifically appropriate to brackish groundwater treatment system facilities that produce municipal water supplies for local use. (Added by Stats. 2011, Ch. 241, Sec. 1. (SB 607) Effective January 1, 2012.) - 13170.5. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
Certain plans and approvals must comply with Article 5.5 of the Government Code.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13170.5. Notwithstanding any provision of law, any plan provided in Section 13170, 13240, or 13245, and any approval thereof, and any certification or approval of an areawide waste treatment management plan prepared pursuant to Section 208 of the Federal Water Pollution Control Act shall be subject to the provisions of Article 5.5 (commencing with Section 53098) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 1978, Ch. 934.) - 13171. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The state board may create a Water Quality Coordinating Committee with at least one member from each of the nine regional boards.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13171. The state board may establish a Water Quality Coordinating Committee, consisting of at least one member of each of the nine regional boards, to assist the state board in carrying out its responsibilities in water quality control. (Added by Stats. 1972, Ch. 813.) - 13172. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The state board must classify wastes and disposal sites, and adopt standards, regulations, and policies for hazardous waste and mining waste disposal and monitoring.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13172. To ensure adequate protection of water quality and statewide uniformity in the siting, operation, and closure of waste disposal sites, except for sewage treatment plants or those sites which primarily contain fertilizer or radioactive material, the state board shall do all of the following: (a) Classify wastes according to the risk of impairment to water quality, taking into account toxicity, persistence, degradability, solubility, and other biological, chemical, and physical properties of the wastes. (b) Classify the types of disposal sites according to the level of protection provided for water quality, taking into account the geology, hydrology, topography, climatology, and other factors relating to ability of the site to protect water quality. (c) Adopt standards and regulations to implement Sections 13226 and 13227. (d) Adopt standards and regulations for hazardous waste disposal sites which apply and ensure compliance with all applicable groundwater protection and monitoring requirements of the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.), any federal act, enacted before or after January 1, 1989, which amends or supplements the Resource Conservation and Recovery Act of 1976, any federal regulations adopted before or after January 1, 1989, pursuant to the Resource Conservation and Recovery Act of 1976, as amended, together with any more stringent requirements necessary to implement this division or Article 9.5 (commencing with Section 25208) of Chapter 6.5 of Division 20 of the Health and Safety Code. (e) Adopt policies, standards, and regulations for discharges of mining waste which apply, and ensure compliance with, all surface water and groundwater protection and monitoring requirements of this division, Article 9.5 (commencing with Section 25208) of Chapter 6.5 of Division 20 of the Health and Safety Code, and Subchapter IV (commencing with Section 6941) of Chapter 82 of Title 42 of the United States Code, which are applicable to discharges of mining waste. These policies, standards, and regulations shall include, but are not limited to, all of the following: (1) A statewide policy for monitoring surface water and groundwater that may be affected by discharges of mining waste. The policy shall establish the principles the regional boards shall use in developing monitoring plans for discharges of mining waste, including the methods the regional boards shall use in determining the location, number, and type of monitoring sites. (2) Regulations requiring that waste discharge requirements issued for discharges of mining waste by regional boards include monitoring requirements consistent with the statewide policy adopted pursuant to paragraph (1). (3) Standards for reporting the results of surface water and groundwater monitoring to the regional board. The standards shall establish a reporting format that graphs monitoring data over an appropriate time period and compares the values found for each measured parameter against the standard for that parameter established in the waste discharge requirements. (Amended by Stats. 1989, Ch. 642, Sec. 3.) - 13172.5. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The state board or a regional board may regulate vacuum or suction dredge equipment to protect water quality, and the section does not apply to nonmotorized recreational mining such as panning for gold.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13172.5. (a) For purposes of this section, the use of any vacuum or suction dredge equipment, also known as suction dredging, is the use of a mechanized or motorized system for removing or assisting in the removal of, or the processing of, material from the bed, bank, or channel of a river, stream, or lake in order to recover minerals. This section does not apply to, prohibit, or otherwise restrict nonmotorized recreational mining activities, including panning for gold. (b) In order to protect water quality, the state board or a regional board may take one or more of the following actions: (1) Adopt waste discharge requirements or a waiver of waste discharge requirements that, at a minimum, address the water quality impacts of each of the following: (A) Mercury loading to downstream reaches of surface water bodies affected by the use of vacuum or suction dredge equipment. (B) Methylmercury formation in water bodies. (C) Bioaccumulation of mercury in aquatic organisms. (D) Resuspension of metals. (2) Specify certain conditions or areas where the discharge of waste or other adverse impacts on beneficial uses of the waters of the state from the use of vacuum or suction dredge equipment is prohibited, consistent with Section 13243. (3) Prohibit any particular use of, or methods of using, vacuum or suction dredge equipment, or any portion thereof, for the extraction of minerals that the state board or a regional board determines generally cause or contribute to an exceedance of applicable water quality objectives or unreasonably impact beneficial uses. (c) (1) Before determining what action to take pursuant to subdivision (b), the state board shall solicit stakeholder input by conducting public workshops in the vicinity of the cities of San Bernardino, Fresno, Sacramento, and Redding. A regional board considering independent action pursuant to subdivision (b) shall solicit stakeholder input by conducting at least one public workshop in that board’s region. To promote participation in the public workshops, the state board or regional board shall proactively reach out to mining groups, environmental organizations, and California Native American tribes, as defined in Section 21073 of the Public Resources Code. (2) Before taking a proposed action pursuant to subdivision (b), the state board or regional board shall conduct at least one public hearing regarding that proposed action pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (3) To avoid duplication of efforts between the state board and a regional board of a public workshop or public hearing that covers the same regional area, the state board and a regional board may work in collaboration to share information obtained through the public workshops or public hearing. (Added by Stats. 2015, Ch. 680, Sec. 3. (SB 637) Effective January 1, 2016.) - 13173. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
This section defines “designated waste” as certain hazardous waste with a variance, or nonhazardous waste containing pollutants that could exceed water quality objectives or affect beneficial uses of state waters.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13173. “Designated waste” means either of the following: (a) Hazardous waste that has been granted a variance from hazardous waste management requirements pursuant to Section 25143 of the Health and Safety Code. (b) Nonhazardous waste that consists of, or contains, pollutants that, under ambient environmental conditions at a waste management unit, could be released in concentrations exceeding applicable water quality objectives or that could reasonably be expected to affect beneficial uses of the waters of the state as contained in the appropriate state water quality control plan. (Added by Stats. 1993, Ch. 705, Sec. 1. Effective January 1, 1994.) - 13173.2. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The state board may adopt policies about designated wastes, after consulting specified agencies and when resources allow.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13173.2. The state board, after consultation with the California Integrated Waste Management Board and the Department of Toxic Substances Control, may, as available resources permit, adopt policies with regard to designated wastes to include, but not be limited to, both of the following: (a) Policies that provide for the means by which a regional board shall identify designated waste and the waters of the state that the waste may potentially impact. (b) Policies for regional boards with regard to the granting of waivers to make inapplicable the designated waste classification. (Added by Stats. 1993, Ch. 705, Sec. 2. Effective January 1, 1994.) - 13176. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
Environmental analyses required by this division must be done by an accredited or certified laboratory, and state persons or public entities may not contract for those analyses unless the lab is validly accredited or certified.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13176. (a) (1) The analysis of any material required by this division shall be performed by a laboratory that has accreditation or certification pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 of the Health and Safety Code. (2) This requirement does not apply to field tests, such as tests for color, odor, turbidity, pH, temperature, dissolved oxygen, conductivity, and disinfectant residual. (b) A person or public entity of the state shall not contract with a laboratory for environmental analyses required by paragraph (1) of subdivision (a) unless the laboratory has valid accreditation or certification. (Amended by Stats. 2015, Ch. 673, Sec. 20. (AB 1531) Effective January 1, 2016.) - 13177. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The state board, with the Department of Fish and Wildlife, must continue the California State Mussel Watch Program if funding is appropriated.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13177. (a) It is the intent of the Legislature that the state board continue to implement the California State Mussel Watch Program. (b) The Legislature finds and declares that the California State Mussel Watch Program provides the following benefits to the people of the state: (1) An effective method for monitoring the long-term effects of certain toxic substances in selected fresh, estuarine, and marine waters. (2) An important element in the state board’s comprehensive water quality monitoring strategy. (3) Identification, on an annual basis, of specific areas where concentrations of toxic substances are higher than normal. (4) Valuable information to guide the state and regional boards and other public and private agencies in efforts to protect water quality. (c) To the extent funding is appropriated for this purpose, the state board, in conjunction with the Department of Fish and Wildlife, shall continue to implement the long-term coastal monitoring program known as the California State Mussel Watch Program. The program may consist of, but is not limited to, the following elements: (1) Removal of mussels, clams, and other aquatic organisms from relatively clean coastal sites and placing them in sampling sites. For purposes of this section, “sampling sites” means selected waters of concern to the state board and the Department of Fish and Wildlife. (2) After specified exposure periods at the sampling sites, removal of the aquatic organisms for analysis. (3) Laboratory analysis of the removed aquatic organisms to determine the amounts of various toxic substances that may have accumulated in the bodies of the aquatic organisms. (4) Making available both the short- and long-term results of the laboratory analysis to appropriate public and private agencies and the public. (Amended by Stats. 2015, Ch. 673, Sec. 21. (AB 1531) Effective January 1, 2016.) - 13177.5. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The state board must create and run a coastal fish contamination monitoring program, and OEHHA and Fish and Wildlife have related reporting, advisory, and publication duties.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13177.5. (a) The state board, in consultation with the Office of Environmental Health Hazard Assessment, shall develop a comprehensive coastal monitoring and assessment program for sport fish and shellfish, to be known as the Coastal Fish Contamination Program. The program shall identify and monitor chemical contamination in coastal fish and shellfish and assess the health risks of consumption of sport fish and shellfish caught by consumers. (b) The state board shall consult with the Department of Fish and Wildlife, the Office of Environmental Health Hazard Assessment, and regional water quality control boards with jurisdiction over territory along the coast, to determine chemicals, sampling locations, and the species to be collected under the program. The program developed by the state board shall include all of the following: (1) Screening studies to identify coastal fishing areas where fish species have the potential for accumulating chemicals that pose significant health risks to human consumers of sport fish and shellfish. (2) The assessment of at least 60 screening study monitoring sites and 120 samples in the first five years of the program and an assessment of additional screening study sites as time and resources permit. (3) Comprehensive monitoring and assessment of fishing areas determined through screening studies to have a potential for significant human health risk and a reassessment of these areas every five years. (c) Based on existing fish contamination data, the state board shall designate a minimum of 40 sites as fixed sampling locations for the ongoing monitoring effort. (d) The state board shall contract with the Office of Environmental Health Hazard Assessment to prepare comprehensive health risk assessments for sport fish and shellfish monitored in the program. The assessments shall be based on the data collected by the program and information on fish consumption and food preparation. The Office of Environmental Health Hazard Assessment, within 18 months of the completion of a comprehensive study for each area by the state board, shall submit to the board a draft health risk assessment report for that area. Those health risk assessments shall be updated following the reassessment of areas by the board. (e) The Office of Environmental Health Hazard Assessment shall issue health advisories when the office determines that consuming certain fish or shellfish presents a significant health risk. The advisories shall contain information for the public, and particularly the population at risk, concerning health risks from the consumption of the fish or shellfish. The Office of Environmental Health Hazard Assessment shall notify the appropriate local health officers, as defined for the purposes of Article 7 (commencing with Section 116090.6) of Chapter 5 of Part 10 of Division 104 of the Health and Safety Code, the State Department of Public Health, the state board, the appropriate regional board, and the Department of Fish and Wildlife before the issuance of a health advisory. The notification shall provide sufficient information for the purpose of posting signage. The Department of Fish and Wildlife shall publish the Office of Environmental Health Hazard Assessment’s health warnings in its Sport Fishing Regulations Booklet. (Amended by Stats. 2020, Ch. 370, Sec. 268. (SB 1371) Effective January 1, 2021.) - 13177.6. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
If funding is appropriated, the state board must conduct a monitoring study to reassess the commercial fish closure boundaries off the Palos Verdes Shelf, and related sample work and health-risk reassessment must be completed within set 18-month deadlines.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13177.6. To the extent funding is appropriated for this purpose, the state board, in consultation with the Department of Fish and Wildlife and Office of Environmental Health Hazard Assessment, shall perform a monitoring study to reassess the geographic boundaries of the commercial fish closure off the Palos Verdes Shelf. The reassessment shall include collection and analysis of white croaker caught on the Palos Verdes Shelf, within three miles south of the Shelf, and within San Pedro Bay. Based on the results of the reassessment, the Department of Fish and Wildlife, with guidance from the Office of the Environmental Health Hazard Assessment, shall redelineate, if necessary, the commercial fish closure area to protect the health of consumers of commercially caught white croaker. The sample collection and analysis shall be conducted within 18 months of the enactment of this section and the reassessment of the health risk shall be conducted within 18 months of the completion of the analysis of the samples. (Amended by Stats. 2015, Ch. 673, Sec. 23. (AB 1531) Effective January 1, 2016.) - 13177.7. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The Controller and the Department of Finance are restricted from cutting certain funded positions and from imposing hiring freezes or related reductions on those positions; the Controller may also augment certain appropriations when requested and approved.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13177.7. (a) (1) Notwithstanding Section 12439 of the Government Code, the Controller may not eliminate any direct or indirect position that provides oversight and related support of remediation at a military base, including a closed military base, that is funded without General Fund moneys through an agreement with a state agency, or that is funded through an agreement with a party responsible for paying the state board’s costs, and may not eliminate any direct or indirect position that is funded by a federal grant that does not require a state match funded from the General Fund. (2) An agreement with a state agency subject to this section may not require the use of a state matching fund from the General Fund by that agency. (3) Notwithstanding any other provision of law, including Section 4.10 of the Budget Act of 2003, the Director of Finance may not eliminate any direct or indirect position that provides oversight and related support of remediation at a military base, including a closed military base, that is funded through an agreement with a state agency or party responsible for paying the state board’s costs, and may not eliminate any direct or indirect position that is funded by a federal grant that does not require a state match funded from the General Fund. (b) Neither the Controller nor the Department of Finance may impose any hiring freeze or personal services limitations, including any position reductions, upon any direct or indirect position of the state board that provides oversight and related support of remediation at a military base, including a closed military base, that is funded through an agreement with a state agency or party responsible for paying the state board’s costs, or on any direct or indirect position that is funded by a federal grant that does not require a state match funded from the General Fund. (c) The Controller and the Department of Finance shall exclude, from the state board’s base for purposes of calculating any budget or position reductions required by any state agency or any state law, the specific amounts and direct or indirect positions that provide oversight and related support of remediation at a military base, including a closed military base, that are funded through an agreement with a state agency or party responsible for paying the state board’s costs, and shall exclude the specific amounts and any direct or indirect positions that are funded by a federal grant that does not require a state match funded from the General Fund. (d) Notwithstanding any other provision of law, neither the Controller nor the Department of Finance may require the state board to reduce authorized positions or other appropriations for other state board programs, including personal services, to replace the reductions precluded by subdivisions (a), (b), and (c). (e) Notwithstanding any other provision of law, upon the request of the state board, and upon review and approval of the Department of Finance, the Controller shall augment any Budget Act appropriations, except for appropriations from the General Fund, necessary to implement this section. (f) (1) This section does not apply to any state board appropriation or expenditure of General Fund moneys. (2) This section does not limit the authority of the Department of Finance to eliminate a position when funding for the position, through an agreement with a party or by a federal grant, is no longer available. (Added by Stats. 2003, Ch. 869, Sec. 2. Effective January 1, 2004.) - 13178. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The state board must develop source investigation protocols for certain storm drains, with health department and expert input.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13178. (a) The state board, in conjunction with the State Department of Public Health and a panel of experts established by the state board, shall develop source investigation protocols for use in conducting source investigations of storm drains that produce exceedences of bacteriological standards established pursuant to subdivision (c) of Section 115880 of the Health and Safety Code. The protocols shall be based upon the experiences drawn from previous source investigations performed by the state board, regional boards, or other agencies, and other available data. The protocols shall include methods for identifying the location and biological origins of sources of bacteriological contamination, and, at a minimum, shall require source investigations if bacteriological standards are exceeded in any three weeks of a four-week period, or, for areas where testing is done more than once a week, 75 percent of testing days that produce an exceedence of those standards. (b) The development of source investigation protocols pursuant to subdivision (a) is not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2015, Ch. 673, Sec. 24. (AB 1531) Effective January 1, 2016.) - 13181. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
This section creates a water quality monitoring council, assigns the state board and several agencies specific coordination and reporting duties, and limits administrative contract costs to 5 percent of funds used for implementation.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13181. (a) (1) On or before December 1, 2007, the California Environmental Protection Agency and the Natural Resources Agency shall enter into a memorandum of understanding for the purposes of establishing the California Water Quality Monitoring Council, which shall be administered by the state board. (2) As used in this section, “monitoring council” means the California Water Quality Monitoring Council established pursuant to this section. (3) The monitoring council may include representatives from state entities and nonstate entities. The representatives from nonstate entities may include, but need not be limited to, representatives from federal and local government, institutions of higher education, the regulated community, citizen monitoring groups, and other interested parties. (4) The monitoring council shall review existing water quality monitoring, assessment, and reporting efforts, and shall recommend specific actions and funding needs necessary to coordinate and enhance those efforts. (5) (A) The recommendations shall be prepared for the ultimate development of a cost-effective, coordinated, integrated, and comprehensive statewide network for collecting and disseminating water quality information and ongoing assessments of the health of the state’s waters and the effectiveness of programs to protect and improve the quality of those waters. (B) For purposes of developing recommendations pursuant to this section, the monitoring council shall initially focus on the water quality monitoring efforts of state agencies, including, but not limited to, the state board, the regional boards, the department, the Department of Fish and Wildlife, the California Coastal Commission, the State Lands Commission, the Department of Parks and Recreation, the Department of Forestry and Fire Protection, and the Department of Pesticide Regulation. (C) In developing the recommendations, the monitoring council shall seek to build upon existing programs, rather than create new programs. (6) Among other things, the memorandum of understanding shall describe the means by which the monitoring council shall formulate recommendations to accomplish both of the following: (A) Reduce redundancies, inefficiencies, and inadequacies in existing water quality monitoring and data management programs in order to improve the effective delivery of sound, comprehensive water quality information to the public and decisionmakers. (B) Ensure that water quality improvement projects financed by the state provide specific information necessary to track project effectiveness with regard to achieving clean water and healthy ecosystems. (b) The monitoring council shall report, on or before December 1, 2008, to the California Environmental Protection Agency and the Natural Resources Agency with regard to its recommendations for maximizing the efficiency and effectiveness of existing water quality data collection and dissemination, and for ensuring that collected data are maintained and available for use by decisionmakers and the public. The monitoring council shall consult with the United States Environmental Protection Agency in preparing these recommendations. The monitoring council’s recommendations, and any responses submitted by the California Environmental Protection Agency or the Natural Resources Agency to those recommendations, shall be made available to decisionmakers and the public by means of the Internet. (c) The monitoring council shall undertake and complete, on or before April 1, 2008, a survey of its members to develop an inventory of their existing water quality monitoring and data collection efforts statewide and shall make that information available to the public. (d) All state agencies, including institutions of higher education to the extent permitted by law, that collect water quality data or information shall cooperate with the California Environmental Protection Agency and the Natural Resources Agency in achieving the goals of the monitoring council as described in this section. (e) In accordance with the requirements of the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.) and implementing guidance, the state board shall develop, in coordination with the monitoring council, all of the following: (1) A comprehensive monitoring program strategy that utilizes and expands upon the state’s existing statewide, regional, and other monitoring capabilities and describes how the state will develop an integrated monitoring program that will serve all of the state’s water quality monitoring needs and address all of the state’s waters over time. The strategy shall include a timeline not to exceed 10 years to complete implementation. The strategy shall be comprehensive in scope and identify specific technical, integration, and resource needs, and shall recommend solutions for those needs so that the strategy may be implemented within the 10-year timeframe. (2) Agreement, including agreement on a schedule, with regard to the comprehensive monitoring of statewide water quality protection indicators that provide a basic minimum understanding of the health of the state’s waters. Indicators already developed pursuant to environmental protection indicators for statewide initiatives shall be given high priority as core indicators for purposes of the network described in subdivision (a). (3) Quality management plans and quality assurance plans that ensure the validity and utility of the data collected. (4) Methodology for compiling, analyzing, and integrating readily available information, to the maximum extent feasible, including, but not limited to, data acquired from discharge reports, volunteer monitoring groups, local, state, and federal agencies, and recipients of state-funded or federally funded water quality improvement or restoration projects. (5) An accessible and user-friendly electronic data system with timely data entry and ready public access via the Internet. To the maximum extent possible, the geographic location of the areas monitored shall be included in the data system. (6) Production of timely and complete water quality reports and lists that are required under Sections 303(d), 305(b), 314, and 319 of the federal Clean Water Act and Section 406 of the federal Beaches Environmental Assessment and Coastal Health Act of 2000, that include all available information from discharge reports, volunteer monitoring groups, and local, state, and federal agencies. (7) An update of the state board’s surface water ambient monitoring program needs assessment in light of the benefits of increased coordination and integration of information from other agencies and information sources. This update shall include identification of current and future resource needs required to fully implement the coordinated, comprehensive monitoring network, including, but not limited to, funding, staff, training, laboratory and other resources, and projected improvements in the network. (f) The state board shall identify the full costs of implementation of the comprehensive monitoring program strategy developed pursuant to subdivision (e), and shall identify proposed sources of funding for the implementation of the strategy, including federal funds that may be expended for this purpose. Fees collected pursuant to paragraph (1) of subdivision (d) of Section 13260 may be used as a funding source for implementation of the strategy to the extent that the funding is consistent with subparagraph (B) of paragraph (1) of subdivision (d) of Section 13260. (g) Data, summary information, and reports prepared pursuant to this section shall be made available to appropriate public agencies and the public by means of the Internet. (h) (1) Commencing December 1, 2008, the Secretary of the California Environmental Protection Agency shall conduct a triennial audit of the effectiveness of the monitoring program strategy developed pursuant to subdivision (e). The audit shall include, but need not be limited to, an assessment of the following matters: (A) The extent to which the strategy has been implemented. (B) The effectiveness of the monitoring and assessment program and the monitoring council with regard to both of the following: (i) Tracking improvements in water quality. (ii) Evaluating the overall effectiveness of programs administered by the state board or a regional board and of state and federally funded water quality improvement projects. (2) The Secretary of the California Environmental Protection Agency shall consult with the Secretary of the Natural Resources Agency in preparing the audit, consistent with the memorandum of understanding entered into pursuant to subdivision (a). (i) The state board shall prioritize the use of federal funding that may be applied to monitoring, including, but not limited to, funding under Section 106 of the Federal Water Pollution Control Act, for the purpose of implementing this section. (j) The state board shall not use more than 5 percent of the funds made available to implement this section for the administrative costs of any contracts entered into for the purpose of implementing this section. (Amended by Stats. 2015, Ch. 673, Sec. 25. (AB 1531) Effective January 1, 2016.) - 13182. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The state board must create a harmful algal bloom program, carry out monitoring, reporting, outreach, and research duties, and may use emergency contracts for response work subject to a $100,000 yearly aggregate cap.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13182. (a) To protect water quality and public health from harmful algal blooms, the state board shall establish a Freshwater and Estuarine Harmful Algal Bloom Program and, in consultation with the California Water Quality Monitoring Council, Office of Environmental Health Hazard Assessment, State Department of Public Health, Department of Water Resources, Department of Fish and Wildlife, Department of Parks and Recreation, other appropriate state and federal agencies, and California Native American tribes, as defined in Section 21073 of the Public Resources Code, shall do all of the following: (1) Coordinate immediate and long-term event incident response, including notification to state and local decisionmakers and the public regarding where harmful algal blooms are occurring, waters at risk of developing harmful algal blooms, and threats posed by harmful algal blooms. (2) Conduct and support field assessment and ambient monitoring to evaluate harmful algal bloom extent, status, and trends at the state, regional, watershed, and site-specific waterbody scales. (3) Determine the regions, watersheds, or waterbodies experiencing or at risk of experiencing harmful algal blooms to prioritize those regions, watersheds, or waterbodies for assessment, monitoring, remediation, and risk management. (4) Conduct applied research and develop tools for decision-support. (5) Provide outreach and education, and maintain a centralized internet website for information and data related to harmful algal blooms. (6) On or before July 1, 2021, post on the state board’s internet website a report including the following information: (A) The incidence of, and response to, freshwater and estuarine harmful algal blooms in the state during the previous three years. (B) Actions taken by the state board as required pursuant to paragraphs (1) to (5), inclusive. (C) Recommendations, by the state board and other entities participating in the Freshwater and Estuarine Harmful Algal Bloom Program, for additional actions, including preventative actions where possible, that should be taken to protect water quality and public health from harmful algal blooms, including recommendations for statutory or regulatory changes that are needed to achieve that goal. (b) (1) If the state board determines that an occurrence of harmful algal blooms is an emergency, as defined in Section 1102 of the Public Contract Code, the state board may enter into contracts with public or private entities to procure goods and services to aid in incident response, including contracts to monitor harmful algal blooms and to communicate the risk of harmful algal blooms to the public. The aggregate cost of contracts entered into pursuant to this paragraph in a fiscal year shall not exceed one hundred thousand dollars ($100,000). (2) Contracts authorized by paragraph (1) shall not be subject to Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code and, notwithstanding any other law, shall be exempt from competitive bidding requirements. (3) The authority in this subdivision is in addition to, and does not supersede or limit, the authority of the state board pursuant to any other law. (Added by Stats. 2019, Ch. 354, Sec. 2. (AB 834) Effective January 1, 2020.) - 13191. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The state board must set up advisory group(s) and give public notice of meetings, including mailed notice on request.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13191. The state board shall convene an advisory group or groups to assist in the evaluation of program structure and effectiveness as it relates to the implementation of the requirements of Section 303(d) of the Clean Water Act (33 U.S.C. 1313(d)), and applicable federal regulations and monitoring and assessment programs. The advisory group or groups shall be comprised of persons concerned with the requirements of Section 303(d) of the Clean Water Act. The state board shall provide public notice on its website of any meetings of the advisory group or groups and, upon the request of any party shall mail notice of the time and location of any meeting of the group or groups. The board shall also ensure that the advisory group or groups meet in a manner that facilitates the effective participation of the public and the stakeholder participants. (Amended by Stats. 2004, Ch. 644, Sec. 36. Effective January 1, 2005.) - 13191.3. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The state board must prepare guidelines for water listing, delisting, and TMDL work, consider advisory group recommendations, and finalize the guidelines by January 1, 2004.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13191.3. (a) The state board, on or before July 1, 2003, shall prepare guidelines to be used by the state board and the regional boards for the purpose of listing and delisting waters and developing and implementing the total maximum daily load (TMDL) program and total maximum daily loads pursuant to Section 303(d) of the federal Clean Water Act (33 U.S.C. Sec. 1313(d)). (b) For the purposes of preparing the guidelines, the state board shall consider the consensus recommendations adopted by the public advisory group convened pursuant to Section 13191. (c) The guidelines shall be finalized not later than January 1, 2004. (Added by Stats. 2002, Ch. 20, Sec. 1. Effective April 8, 2002.) - 13193. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
This section requires the state board to create a standard sewer overflow report form and overflow database, and requires certain reporting entities to submit overflow reports within 30 days.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13193. (a) As used in this section, the following terms have the following meanings: (1) “Collection system owner or operator” means the public or private entity having legal authority over the operation and maintenance of, or capital improvements to, the sewer collection system. (2) “GIS” means Geographic Information System. (b) On or before January 1 of a year in which the Legislature has appropriated sufficient funds for this purpose, the state board, in consultation with representatives of cities, counties, cities and counties, special districts, public interest groups, the State Department of Public Health, and the regional boards shall develop a uniform overflow event report form to be used for reporting of sanitary sewer system overflows as required in subdivision (c). This event report form shall include, but not be limited to, all of the following: (1) The cause of the overflow. The cause shall be specifically identified, unless there is an ongoing investigation, in which case it shall be identified immediately after completion of the investigation. The cause shall be identified, at a minimum, as blockage, infrastructure failure, pump station failure, significant wet weather event, natural disaster, or other cause, which shall be specifically identified. If the cause is identified as a blockage, the type of blockage shall be identified, at a minimum, as roots, grease, debris, vandalism, or multiple causes of which each should be identified. If the cause is identified as infrastructure, it shall be determined, at a minimum, whether the infrastructure failure was due to leaks, damage to, or breakage of, collection system piping or insufficient capacity. If the cause is identified as a significant wet weather event or natural disaster, the report shall describe both the event and how it resulted in the overflow. If the precise cause cannot be identified after investigation, the report shall include a narrative explanation describing the investigation conducted and providing the information known about the possible causes of the overflow. (2) An estimate of the volume of the overflow event. (3) Location of the overflow event. Sufficient information shall be provided to determine location for purposes of GIS mapping, such as specific street address or the latitude and longitude of the event. (4) Date, time, and duration of the overflow event. (5) Whether or not the overflow reached or may have reached waters of the state. (6) Whether or not a beach closure occurred or may have occurred as a result of the overflow. (7) The response and corrective action taken. (8) Whether or not there is an ongoing investigation, the reasons for it and expected date of completion. (9) The name, address, and telephone number of the reporting collection system owner or operator and a specific contact name. (c) Commencing on July 1 of a year in which the Legislature has appropriated sufficient funds for this purpose, in the event of a spill or overflow from a sanitary sewer system that is subject to the notification requirements set forth in Section 13271, the applicable collection system owner or operator, in addition to immediate reporting duties pursuant to Section 13271, shall submit to the appropriate regional board, within 30 days of the date of becoming aware of the overflow event, a report using the form described in subdivision (b). The report shall be filed electronically, if possible, or by fax or mail if electronic submission is not possible. (d) (1) Commencing on July 1 of a year in which the Legislature has appropriated sufficient funds for this purpose, in the event of a spill or overflow from a sanitary sewer system that is not subject to the reporting requirements set forth in Section 13271 that is either found by the State Department of Public Health or any local health officer to result in contamination pursuant to Section 5412 of the Health and Safety Code, or is found by the State Department of Public Health to result in pollution or nuisance pursuant to Section 5413 of the Health and Safety Code, the agency making the determination shall submit to the appropriate regional board, within 30 days of making the determination, a report that shall include, at a minimum, the following information: (A) Date, time, and approximate duration of the overflow event. (B) An estimate of the volume of the overflow event. (C) Location of the overflow event. (D) A description of the response or corrective action taken by the agency making the determination. (E) The name, address, and telephone number of the reporting collection system owner or operator, and a specific contact name. (2) The report shall be filed electronically, if possible, or by fax or mail if electronic submission is not possible. (e)Before January 1 of a year in which the Legislature has appropriated sufficient funds for this purpose, the state board, in consultation with representatives of cities, counties, cities and counties, and special districts, public interest groups, the State Department of Public Health, and regional boards, shall develop and maintain a sanitary sewer system overflow database that, at a minimum, contains the parameters described in subdivisions (b) and (d). (f) Commencing on July 1 of a year in which the Legislature has appropriated sufficient funds for this purpose, each regional board shall coordinate with collection system owners or operators, the State Department of Public Health, and local health officers to compile the reports submitted pursuant to subdivisions (c) and (d). Each regional board shall report that information to the state board on a quarterly basis, to be included in the sanitary sewer system overflow database. (g)The state board shall make available to the public, by Internet and other cost-effective means, as determined by the state board, information that is generated pursuant to this section. In a year in which the Legislature has appropriated sufficient funds for the purposes described in this subdivision, the state board shall prepare a summary report of the information collected in the sanitary sewer system overflow database, and make it available to the general public through the Internet and other cost-effective means, as determined by the state board. To the extent resources and the data allow, this report shall include GIS maps compiling coastal overflow events. (Amended by Stats. 2010, Ch. 288, Sec. 18. (SB 1169) Effective January 1, 2011.) - 13193.5. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The section sets a final compliance date of October 31, 2030 for Diablo Canyon Units 1 and 2, and it does not stop the state board from ordering other mitigation allowed under the chapter.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13193.5. Notwithstanding any provision to the contrary in the State Water Resources Control Board’s Water Quality Control Policy on the Use of Coastal and Estuarine Waters for Power Plant Cooling, as referenced in Section 2922 of Title 23 of the California Code of Regulations, the final compliance dates for Diablo Canyon Units 1 and 2 shall be October 31, 2030. Nothing in this section prevents the state board from ordering the operator of the Diablo Canyon powerplant to conduct any other form of mitigation allowed under this chapter. (Added by Stats. 2022, Ch. 239, Sec. 10. (SB 846) Effective September 2, 2022.) - 13193.9. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The state board must speed up funding for eligible wastewater projects serving small, disadvantaged communities, including optional advances, fast payment processing, and repayment rules for unused or misused advance funds.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13193.9. (a) The state board, to the extent permitted by law, shall take all of the following actions for the purpose of allocating funds on behalf of a wastewater collection, treatment, or disposal project, if the recipient of financial assistance is a small, disadvantaged community: (1) If the state board determines that an advance is needed for the project to proceed in an efficient manner, allocate to the recipient up to 25 percent of the financial assistance amount, not exceeding one million dollars ($1,000,000), in advance of actual expenditures. The recipient shall repay to the state board any funds advanced pursuant to this section, including any interest earned on the advance funds, if the funds are unused upon expiration of the funding agreement or if the funds are not expended in accordance with the financial assistance agreement. (2) Establish a payment process pursuant to which the recipient of financial assistance receives funds within 30 days of the date on which the state board receives a project payment request unless the state board, within that 30-day period, determines that the project payment would not be in accordance with the terms of the program guidelines. (3) Utilize wire transfers or other appropriate payment procedures to expedite project payments. (b) The amount of financial assistance received by a recipient, including any funds advanced pursuant to paragraph (1) of subdivision (a), shall not exceed the total amount of the financial assistance that the state board agrees to provide for a project. If financial assistance is advanced to a recipient pursuant to paragraph (1) of subdivision (a), the state board shall reduce subsequent disbursements of financial assistance by the amount advanced. (c) For the purposes of this section, “small disadvantaged community” means a municipality with a population of 20,000 persons or less, or a reasonably isolated and divisible segment of a larger municipality encompassing 20,000 persons or less, with an annual median household income that is less than 80 percent of the statewide annual median household income. (Added by Stats. 2008, Ch. 609, Sec. 2. Effective January 1, 2009.) - 13194. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. )
The state board may give grants for interim relief to households affected by dry or destroyed private water wells, and must keep administrative costs within a 5% cap.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Other Powers and Duties of the State Board [13160 - 13194] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13194. (a) (1) Subject to appropriation by the Legislature, the state board may provide grants to eligible applicants to be used to provide interim relief to households in which a private water well has gone dry, or has been destroyed, due to drought, wildfire, or other natural disaster. Eligible applicants who receive funds pursuant to this section shall administer and implement that funding consistent with this section. (2) For purposes of this subdivision: (A) “Eligible applicant” means a county, community water system, local public agency, or nonprofit organization. (B) “Interim relief” includes, but is not limited to, the provision of domestic water storage tanks, hauled water, and bottled water. (b) The state board may provide up to 10 percent of the funds appropriated for these purposes to eligible applicants for planning related to permanent solutions for private water wells that have gone dry, or been destroyed, due to drought, wildfire, or other natural disaster. (c) The state board shall not use more than 5 percent of the funds appropriated for these purposes for its administrative costs. (d) The state board may adopt guidelines to implement this section. Those guidelines are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (e) A contract entered into under this section is exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. The state board may award a contract under this section on a noncompetitive bid basis as necessary to implement the purposes of this section. (Added by Stats. 2019, Ch. 373, Sec. 1. (SB 513) Effective January 1, 2020.) - 13195. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 5. Electronic Submission of Reports [13195 - 13197.5] ( Article 5 added by Stats. 2000, Ch. 727, Sec. 4. )
This section defines “public domain” and “report” for this article.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 5. Electronic Submission of Reports [13195 - 13197.5] ( Article 5 added by Stats. 2000, Ch. 727, Sec. 4. ) ## 13195. For purposes of this article, the following terms have the following meanings: (a) “Public domain” means a format that may be duplicated, distributed, and used without payment of a royalty or license fee. (b) “Report” means any document or item that is required for submission in order for a person to comply with a regulation, directive, or order issued by the state board, a regional board, or a local agency pursuant to a program administered by the state board, including, but not limited to, any analysis of material by a laboratory that has accreditation or certification pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 of the Health and Safety Code. (Added by Stats. 2000, Ch. 727, Sec. 4. Effective January 1, 2001.) - 13196. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 5. Electronic Submission of Reports [13195 - 13197.5] ( Article 5 added by Stats. 2000, Ch. 727, Sec. 4. )
The state board may require reports to be filed electronically and may require latitude/longitude for sampled locations; it must adopt one standard electronic reporting format that meets specified criteria.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 5. Electronic Submission of Reports [13195 - 13197.5] ( Article 5 added by Stats. 2000, Ch. 727, Sec. 4. ) ## 13196. (a) The state board may require a person submitting a report to the state board, a regional board, or a local agency to submit the report in electronic format. The state board may also require that any report submitted in electronic format include the latitude and longitude, accurate to within one meter, of the location where any sample analyzed in the report was collected. (b) The state board shall adopt a single, standard format for the electronic submission of analytical and environmental compliance data contained in reports. In adopting a standard format, the state board shall only consider formats that meet all of the following criteria: (1) Are available free of charge. (2) Are available in the public domain. (3) Have available public domain means to import, manipulate, and store data. (4) Allow the importation of data into tables indicating relational distances. (5) Allow the verification of data submission consistency. (6) Allow for inclusion of all of the following information: (A) The physical site address from which the sample was taken, along with any information already required for permitting and reporting unauthorized releases. (B) Environmental assessment data taken during the initial site investigation phase, as well as the continuing monitoring and evaluation phases. (C) The latitude and longitude, accurate to within one meter, of the location where any sample was collected. (D) A description of all tests performed on the sample, the results of that testing, any quality assurance and quality control information, any available narrative information regarding the collection of the sample, and any available information concerning the laboratory’s analysis of the sample. (7) Fulfill any additional criteria the state board determines appropriate for an effective electronic report submission program. (Added by Stats. 2000, Ch. 727, Sec. 4. Effective January 1, 2001.) - 13197.5. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 5. Electronic Submission of Reports [13195 - 13197.5] ( Article 5 added by Stats. 2000, Ch. 727, Sec. 4. )
The state board must adopt emergency regulations by March 1, 2001 to create a statewide electronic reporting program for certain qualifying reports.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 5. Electronic Submission of Reports [13195 - 13197.5] ( Article 5 added by Stats. 2000, Ch. 727, Sec. 4. ) ## 13197.5. (a) The state board shall adopt, not later than March 1, 2001, emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code implementing a statewide program for the electronic submission of reports required pursuant to Chapter 6.7 (commencing with Section 25280) of Division 20 of the Health and Safety Code and Article 4 (commencing with Section 25299.36) of Chapter 6.75 of Division 20 of the Health and Safety Code, for those reports that contain soil or water chemistry analysis by a laboratory certified or accredited pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 of the Health and Safety Code. (b) (1) The adoption of any regulations pursuant to this section that are filed with the Office of Administrative Law on or before March 1, 2001, shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, and general welfare. (2) (A) Except as specified in subparagraph (B), subdivisions (e) to (h), inclusive, of Section 11346.1 of the Government Code apply to any emergency regulations adopted pursuant to this section. (B) Notwithstanding the 120-day period imposed in subdivision (e) of Section 11346.1 of the Government Code, the state board shall have one calendar year from the effective date of any emergency regulations adopted pursuant to this section to comply with that subdivision. (c) Regulations adopted pursuant to this section may not require the electronic submission of reports before July 1, 2001, but may require the electronic submission of reports on or after July 1, 2001. (d) Regulations adopted pursuant to this section may specify either of the following as the required reporting format: (1) The Geographic Environmental Information Management System format as described in the report submitted to the state board on July 1, 1999, by the Lawrence Livermore National Laboratory, entitled, “Evaluating the Feasibility of a Statewide Geographic Information System.” (2) The Electronic Deliverable Format (EDF) developed by the United States Army Corps of Engineers, as the same may be revised from time to time. The specification of the EDF as the reporting format shall be deemed to satisfy the requirements of subdivision (b) of Section 13196. (Added by Stats. 2000, Ch. 727, Sec. 4. Effective January 1, 2001.) - 13198. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 6. Drought Relief [13198 - 13198.6] ( Article 6 added by Stats. 2021, Ch. 115, Sec. 97. )
This section defines key drought-relief terms and requires the state board to give notice and, if feasible, hold a public hearing before determining that a drought scenario exists.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 6. Drought Relief [13198 - 13198.6] ( Article 6 added by Stats. 2021, Ch. 115, Sec. 97. ) ## 13198. For purposes of this article, the following definitions apply: (a) “Drought scenario” means either of the following: (1) Circumstances for which the Governor has issued a proclamation of a state of emergency, pursuant to Section 8625 of the Government Code, based on drought conditions. (2) (A) Circumstances for which the state board determines, consistent with subparagraph (B), that drought conditions necessitate urgent and immediate action to ensure availability of safe drinking water, to protect public health and safety, or, after consultation with the Department of Fish and Wildlife, to avoid serious and irreparable harm to fish or wildlife. (B) Before determining a drought scenario exists pursuant to subparagraph (A), the state board shall do both of the following: (i) Provide notice, including specific geographic areas in which a determination of a drought scenario is proposed, to the Joint Legislative Budget Committee, the secretaries of the implementing agencies, and the Director of Emergency Services. (ii) To the extent feasible, conduct a public hearing for purposes of seeking public comment on the proposed declaration of a drought scenario, and any proposed actions. (b) “Implementing agency” means any of the following: (1) The Natural Resources Agency. (2) The California Environmental Protection Agency. (3) The Department of Food and Agriculture. (4) The California Health and Human Services Agency. (5) Boards, departments, and offices within the agencies specified in paragraphs (1) to (4), inclusive. (6) The Office of Emergency Services. (c) (1) “Interim or immediate relief” means any of the following: (A) Hauled water. (B) Temporary community water tanks. (C) Bottled water. (D) Water vending machines. (E) Emergency water interties. (F) New wells or rehabilitation of existing wells. (G) Construction or installation of permanent connections to adjacent water systems, recycled water projects that provide immediate relief to potable water supplies, water use reduction and efficiency equipment, and other projects that support immediate drought response. (H) Fish and wildlife rescue, protection, and relocation. (I) Education, outreach, direct installation programs, rebate programs, and other activities to increase water conservation. (J) Drought resilience planning. (K) Groundwater recharge projects meeting the conditions of Section 1242.1. (2) Eligible costs for interim or immediate relief include technical assistance, site acquisitions, post-performance monitoring, and costs directly related to the provision of the project. (Amended by Stats. 2023, Ch. 51, Sec. 36. (SB 122) Effective July 10, 2023.) - 13198.2. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 6. Drought Relief [13198 - 13198.6] ( Article 6 added by Stats. 2021, Ch. 115, Sec. 97. )
An implementing agency may use money for drought relief, but it needs Department of Finance approval before entering a contract. Some drought-related contracts and posting rules are exempt from specified state contracting and website requirements.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 6. Drought Relief [13198 - 13198.6] ( Article 6 added by Stats. 2021, Ch. 115, Sec. 97. ) ## 13198.2. (a) Subject to an appropriation in the annual Budget Act or another statute for these purposes, an implementing agency may make grants and direct expenditures for interim or immediate relief in response to conditions arising from a drought scenario to do any of the following: (1) Address immediate impacts on human health and safety, including providing or improving availability of food, water, or shelter. (2) Address immediate impacts on fish and wildlife resources. (3) Provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies. (b) A contract entered into under this article by an implementing agency is exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. An implementing agency may award a contract under this section on a noncompetitive bid basis as necessary to implement the purposes of this article. (c) An implementing agency shall obtain approval from the Department of Finance before entering into a contract under this section. (d) Actions of implementing agencies under this article shall be deemed to be within paragraph (2), (3), or (4) of subdivision (b) of Section 21080 of the Public Resources Code. (e) Posting and dissemination of information related to drought emergency activities under this section is exempt from Sections 7405 and 11546.7 of the Government Code as they pertain to the posting of materials on state agency internet websites as part of responding to the emergency, provided that any state agencies failing to satisfy the requirements of Sections 7405 and 11546.7 of the Government Code shall make and post an accessible version on their internet websites as soon as practicable. (f) Implementing agencies may adopt guidelines to implement this article. Those guidelines are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2023, Ch. 51, Sec. 37. (SB 122) Effective July 10, 2023.) - 13198.3. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 6. Drought Relief [13198 - 13198.6] ( Article 6 added by Stats. 2021, Ch. 115, Sec. 97. )
Public agencies with qualifying Colorado River water actions can get those actions treated as covered by specified CEQA activities if the Secretary of the Natural Resources Agency concurs in writing, but the section limits the projects and does not waive other permitting requirements.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 6. Drought Relief [13198 - 13198.6] ( Article 6 added by Stats. 2021, Ch. 115, Sec. 97. ) ## 13198.3. (a) Actions of any public agency that contracts with the United States Bureau of Reclamation, or is an entitlement holder under the 2006 consolidated decree in Arizona v. California (2006) 547 U.S. 150, for Colorado River water supplies, approved before December 31, 2026, that the Secretary of the Natural Resources Agency concurs in writing are reasonably necessary to implement Colorado River water conservation agreements with the United States Bureau of Reclamation, as well as those water conservation agreements themselves, shall be deemed to be within the activities described in paragraph (2), (3), or (4) of subdivision (b) of Section 21080 of the Public Resources Code. (b) Actions under this section shall not include the construction of new canals or major new infrastructure, but may include infrastructure improvements such as, without limitation, the installation of more efficient irrigation systems or the lining of canals, and shall be limited to projects that reduce or make more efficient the use or distribution of Colorado River water and shall not include projects that develop replacement water supplies. (c) (1) The Natural Resources Agency shall promptly post any concurrences under this section on its internet website and shall annually report any such concurrences to the Legislature. (2) The report required pursuant to paragraph (1) shall be submitted in accordance with Section 9795 of the Government Code. (d) This section does not waive or suspend any other permitting requirements applicable to the public agency actions described herein. (Added by Stats. 2023, Ch. 51, Sec. 38. (SB 122) Effective July 10, 2023.) - 13198.4. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 6. Drought Relief [13198 - 13198.6] ( Article 6 added by Stats. 2021, Ch. 115, Sec. 97. )
An implementing agency may use appropriated funds to give grants, direct expenditures, advance payments, and limited funding for drought relief.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 6. Drought Relief [13198 - 13198.6] ( Article 6 added by Stats. 2021, Ch. 115, Sec. 97. ) ## 13198.4. (a) This section applies and is subject to an appropriation in the annual Budget Act or another statute to an implementing agency to provide grants and direct expenditures for interim or immediate relief to drought scenarios. (b) An implementing agency may provide grant funds and direct expenditures to or on behalf of affected public and private entities to provide interim or immediate relief. (c) Notwithstanding Section 11019 of the Government Code, an implementing agency may provide advance payment of up to 25 percent of grant funds awarded to public agencies, nonprofit organizations, public utilities, mobilehome parks, mutual water companies, farmers and ranchers, federally recognized California Native American tribes, nonfederally recognized Native American tribes on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004, administrators, and groundwater sustainability agencies that have demonstrated cashflow problems according to the satisfaction of the implementing agency. (d) An implementing agency may authorize funding of up to ten thousand dollars ($10,000) without a written agreement. (Added by Stats. 2021, Ch. 115, Sec. 97. (AB 148) Effective July 22, 2021.) - 13198.6. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 6. Drought Relief [13198 - 13198.6] ( Article 6 added by Stats. 2021, Ch. 115, Sec. 97. )
This article says it does not change other law or expand an implementing agency’s authority beyond the actions this article specifically describes.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 3. State Water Quality Control [13100 - 13198.6] ( Chapter 3 added by Stats. 1969, Ch. 482. ) ## ARTICLE 6. Drought Relief [13198 - 13198.6] ( Article 6 added by Stats. 2021, Ch. 115, Sec. 97. ) ## 13198.6. (a) This article does not limit, alter, or expand any provision of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code). (b) This article does not expand or alter the authority of an implementing agency to take regulatory action other than the actions explicitly described in this article. (Added by Stats. 2021, Ch. 115, Sec. 97. (AB 148) Effective July 22, 2021.) - 132. Verify source ↗
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. )
The department may use rented tools or equipment to do work that does not fit lump-sum or unit bidding plans and specifications.
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## 132. Where work to be performed, which would otherwise be subject to the State Contract Act, does not lend itself to the preparation of plans and specifications to enable bids to be taken on a lump sum or unit basis, the department may perform such work by the use of rented tools or equipment, either with operators furnished or unoperated. Contracts for such rentals shall not be subject to the State Contract Act, but shall be subject to all of the provisions of Section 136.5 of the Streets and Highways Code. (Added by Stats. 1957, Ch. 1932.) - 1320. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Posting and Mailing Notice [1320 - 1324] ( Article 3 enacted by Stats. 1943, Ch. 368. )
Notice of a qualifying water application must be given by posting and mailing.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Posting and Mailing Notice [1320 - 1324] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 1320. Notice of an application for three cubic feet or less per second or for 200 acre-feet or less per annum of storage shall be given by posting and mailing in accordance with this article. (Enacted by Stats. 1943, Ch. 368.) - 13200. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Organization and Membership of Regional Boards [13200 - 13208] ( Article 1 added by Stats. 1969, Ch. 482. )
This section divides the state into nine water-quality regions and says the section does not limit the chapter’s power to regulate waste disposal into ocean waters beyond the state boundary.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Organization and Membership of Regional Boards [13200 - 13208] ( Article 1 added by Stats. 1969, Ch. 482. ) ## 13200. The state is divided, for the purpose of this division, into nine regions: (a) North Coast region, which comprises all basins including Lower Klamath Lake and Lost River Basins draining into the Pacific Ocean from the California-Oregon state line southerly to the southerly boundary of the watershed of Estero de San Antonio and Stemple Creek in Marin and Sonoma Counties. (b) San Francisco Bay region, which comprises San Francisco Bay, Suisun Bay, from Sacramento River and San Joaquin River westerly from a line which passes between Collinsville and Montezuma Island and follows thence the boundary common to Sacramento and Solano Counties and that common to Sacramento and Contra Costa Counties to the westerly boundary of the watershed of Markley Canyon in Contra Costa County, all basins draining into the bays and rivers westerly from this line, and all basins draining into the Pacific Ocean between the southerly boundary of the north coastal region and the southerly boundary of the watershed of Pescadero Creek in San Mateo and Santa Cruz Counties. (c) Central Coast region, which comprises all basins, including Carrizo Plain in San Luis Obispo and Kern Counties, draining into the Pacific Ocean from the southerly boundary of the watershed of Pescadero Creek in San Mateo and Santa Cruz Counties to the southeasterly boundary, located in the westerly part of Ventura County, of the watershed of Rincon Creek. (d) Los Angeles region, which comprises all basins draining into the Pacific Ocean between the southeasterly boundary, located in the westerly part of Ventura County, of the watershed of Rincon Creek and a line which coincides with the southeasterly boundary of Los Angeles County from the ocean to San Antonio Peak and follows thence the divide between San Gabriel River and Lytle Creek drainages to the divide between Sheep Creek and San Gabriel River drainages. (e) Santa Ana region, which comprises all basins draining into the Pacific Ocean between the southeasterly boundary of the Los Angeles region and a line which follows the drainage divide between Muddy and Moro Canyons from the ocean to the summit of San Joaquin Hills; thence along the divide between lands draining into Newport Bay and into Laguna Canyon to Niguel Road; thence along Niguel Road and Los Aliso Avenue to the divide between Newport Bay and Aliso Creek drainages; thence along that divide and the southeasterly boundary of the Santa Ana River drainage to the divide between Baldwin Lake and Mojave Desert drainages; thence along that divide to the divide between Pacific Ocean and Mojave Desert drainages. (f) San Diego region, which comprises all basins draining into the Pacific Ocean between the southern boundary of the Santa Ana region and the California-Mexico boundary. (g) Central Valley region, which comprises all basins including Goose Lake Basin draining into the Sacramento and San Joaquin Rivers to the easterly boundary of the San Francisco Bay region near Collinsville. The Central Valley region shall have section offices in the Sacramento Valley and the San Joaquin Valley. (h) Lahontan region, which comprises all basins east of the Santa Ana, Los Angeles and Central Valley regions from the California-Oregon boundary to the southerly boundary located in Los Angeles and San Bernardino Counties of the watersheds draining into Antelope Valley, Mojave River Basin and Dry Lake Basin near Ivanpah. (i) Colorado River Basin region, which comprises all basins east of the Santa Ana and San Diego regions draining into the Colorado River, Salton Sea and local sinks from the southerly boundary of the Lahontan region to the California-Mexico boundary. The regions defined and described in this section shall be as precisely delineated on official maps of the department and include all of the areas within the boundaries of the state. For purposes of this section the boundaries of the state extend three nautical miles into the Pacific Ocean from the line of mean lower low water marking the seaward limits of inland waters and three nautical miles from the line of mean lower low water on the mainland and each offshore island. Nothing in this section shall limit the power conferred by this chapter to regulate the disposal of waste into ocean waters beyond the boundaries of the state. (Added by Stats. 1969, Ch. 482.) - 13201. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Organization and Membership of Regional Boards [13200 - 13208] ( Article 1 added by Stats. 1969, Ch. 482. )
Each regional board must have seven governor-appointed members, with at least one public member, and appointments are subject to Senate confirmation.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Organization and Membership of Regional Boards [13200 - 13208] ( Article 1 added by Stats. 1969, Ch. 482. ) ## 13201. (a) There is a regional board for each of the regions described in Section 13200. Each board shall consist of seven members appointed by the Governor, each of whom shall represent, and act on behalf of, all the people and shall reside or have a principal place of business within the region. (b) Except as specified in subdivision (c), each member shall be appointed on the basis of his or her demonstrated interest or proven ability in the field of water quality, including water pollution control, water resource management, water use, or water protection. The Governor shall consider appointments from the public and nonpublic sectors. In regard to appointments from the nonpublic sector, the Governor shall consider including members from key economic sectors in a given region, such as agriculture, industry, commercial activities, forestry, and fisheries. (c) At least one member shall be appointed as a public member who is not required to meet the criteria established pursuant to subdivision (b). (d) All persons appointed to a regional board shall be subject to Senate confirmation, but shall not be required to appear before any committee of the Senate for purposes of such confirmation unless specifically requested to appear by the Senate Committee on Rules. (e) Insofar as practicable, appointments shall be made in such manner as to result in representation on the board from all parts of the region. (f) Insofar as practicable, appointments shall be made in a manner as to result in representation on the board from diverse experiential backgrounds. (g) Each member shall be appointed on the basis of his or her ability to attend substantially all meetings of the board and to actively discharge all duties and responsibilities of a member of the board. (h) The reduction in the number of members of each regional board required by the act that added this subdivision shall be achieved according to the ordinary expiration of the terms of incumbents and other vacancies. Notwithstanding Section 13202 the Governor shall not fill a vacancy on any regional board until the number of members serving on that regional board falls below seven members. When the numbers of members serving on the regional board falls below seven members, the Governor shall appoint or reappoint individuals pursuant to this section. (Amended by Stats. 2012, Ch. 39, Sec. 117. (SB 1018) Effective June 27, 2012.) - 13202. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Organization and Membership of Regional Boards [13200 - 13208] ( Article 1 added by Stats. 1969, Ch. 482. )
Regional board members must be appointed to four-year terms, vacancies must be filled immediately by the Governor, and board terms must be staggered on the schedule listed.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Organization and Membership of Regional Boards [13200 - 13208] ( Article 1 added by Stats. 1969, Ch. 482. ) ## 13202. (a) Each member of a regional board shall be appointed for a term of four years. Vacancies shall be immediately filled by the Governor for the unexpired portion of the terms in which they occur. (b) The term of office for members of each regional board shall be staggered and shall expire in accordance with the following schedule: (1) Two members on September 30, 2013, and every four years thereafter. (2) Two members on September 30, 2014, and every four years thereafter. (3) Two members on September 30, 2015, and every four years thereafter. (4) One member on September 30, 2016, and every four years thereafter. (Amended by Stats. 2012, Ch. 39, Sec. 118. (SB 1018) Effective June 27, 2012.) - 13203. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Organization and Membership of Regional Boards [13200 - 13208] ( Article 1 added by Stats. 1969, Ch. 482. )
Each regional board must use the official designation: California Regional Water Quality Control Board, followed by the region name.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Organization and Membership of Regional Boards [13200 - 13208] ( Article 1 added by Stats. 1969, Ch. 482. ) ## 13203. The official designation of each regional board shall be: California Regional Water Quality Control Board, (region name). (Added by Stats. 1969, Ch. 482.) - 13204. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Organization and Membership of Regional Boards [13200 - 13208] ( Article 1 added by Stats. 1969, Ch. 482. )
Each regional board must hold at least six regular meetings each calendar year, and the chairperson or any two members may call additional special meetings or hearings.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Organization and Membership of Regional Boards [13200 - 13208] ( Article 1 added by Stats. 1969, Ch. 482. ) ## 13204. Each regional board shall hold at least six regular meetings each calendar year and the additional special meetings or hearings as shall be called by the chairperson or any two members of the regional board. (Amended by Stats. 2010, Ch. 288, Sec. 19. (SB 1169) Effective January 1, 2011.) - 13205. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Organization and Membership of Regional Boards [13200 - 13208] ( Article 1 added by Stats. 1969, Ch. 482. )
Regional board members are paid $250 per day for official-duty days and can be reimbursed for necessary travel and other official expenses.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Organization and Membership of Regional Boards [13200 - 13208] ( Article 1 added by Stats. 1969, Ch. 482. ) ## 13205. Each member of a regional board shall receive two hundred fifty dollars ($250) for each day during which that member is engaged in the performance of official duties. The performance of official duties includes, but is not limited to, reviewing agenda materials for no more than one day in preparation for each regional board meeting. The total compensation received by members of all of the regional boards shall not exceed, in any one fiscal year, the sum of three hundred seventy-eight thousand two hundred fifty dollars ($378,250). A member may decline compensation. In addition to the compensation, each member shall be reimbursed for necessary traveling and other expenses incurred in the performance of official duties. (Amended by Stats. 2016, Ch. 340, Sec. 47. (SB 839) Effective September 13, 2016.) - 13206. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Organization and Membership of Regional Boards [13200 - 13208] ( Article 1 added by Stats. 1969, Ch. 482. )
Public officers connected with government, including planning or water, may be appointed to a regional board and may serve on it at the same time.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Organization and Membership of Regional Boards [13200 - 13208] ( Article 1 added by Stats. 1969, Ch. 482. ) ## 13206. Public officers associated with any area of government, including planning or water, and whether elected or appointed, may be appointed to, and may serve contemporaneously as members of, a regional board. (Amended by Stats. 1978, Ch. 622.) - 13207. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Organization and Membership of Regional Boards [13200 - 13208] ( Article 1 added by Stats. 1969, Ch. 482. )
Regional board members must not take part in covered board actions or proceedings when they have a disqualifying financial interest, and the Attorney General may seek removal of a member who knowingly violates the section.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Organization and Membership of Regional Boards [13200 - 13208] ( Article 1 added by Stats. 1969, Ch. 482. ) ## 13207. (a) A member of a regional board shall not participate in any board action pursuant to Article 4 (commencing with Section 13260) of this chapter, or Article 1 (commencing with Section 13300) of Chapter 5, in which he or she has a disqualifying financial interest in the decision within the meaning of Section 87103 of the Government Code. (b) A board member shall not participate in any proceeding before any regional board or the state board as a consultant or in any other capacity on behalf of any waste discharger. (c) Upon the request of any person, or on the Attorney General’s own initiative, the Attorney General may file a complaint in the superior court for the county in which the regional board has its principal office alleging that a board member has knowingly violated this section and the facts upon which the allegation is based and asking that the member be removed from office. Further proceedings shall be in accordance as near as may be with rules governing civil actions. If after trial the court finds that the board member has knowingly violated this section it shall pronounce judgment that the member be removed from office. (Amended by Stats. 2012, Ch. 39, Sec. 119. (SB 1018) Effective June 27, 2012.) - 13208. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Organization and Membership of Regional Boards [13200 - 13208] ( Article 1 added by Stats. 1969, Ch. 482. )
A regional board executive officer may not take part in or influence regional board decisions affecting a person or entity subject to waste discharge requirements if the officer received 10% or more of income from that person or entity during the previous two years.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Organization and Membership of Regional Boards [13200 - 13208] ( Article 1 added by Stats. 1969, Ch. 482. ) ## 13208. (a) No regional board executive officer may make, participate in making, or use his or her official position to influence, any decision of the regional board, or made on behalf of the regional board, affecting any person or entity subject to waste discharge requirements under this division if the regional board executive officer has received, during the previous two years, 10 percent or more of his or her income from that person or entity. (b) “Income,” for purposes of this section, has the same meaning as in Section 82030 of the Government Code. (Added by Stats. 1993, Ch. 773, Sec. 1. Effective January 1, 1994.) - 1321. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Posting and Mailing Notice [1320 - 1324] ( Article 3 enacted by Stats. 1943, Ch. 368. )
The board must mail three copies of the notice to the applicant by registered mail and send a registered-mail copy to each known interested person.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Posting and Mailing Notice [1320 - 1324] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 1321. Upon the date of issuance of notice of an application coming under this article the board shall mail three copies of the notice to the applicant by registered mail and shall also send a copy by registered mail to each person who is known to the board and who in its judgment is interested in the application because of ownership or location in the vicinity of the proposed appropriation. (Amended by Stats. 1957, Ch. 1932.) - 1322. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Posting and Mailing Notice [1320 - 1324] ( Article 3 enacted by Stats. 1943, Ch. 368. )
The applicant must post the notice within 20 days after issuance in at least two conspicuous places in the locality affected by the proposed appropriation.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Posting and Mailing Notice [1320 - 1324] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 1322. The applicant shall post the notice within 20 days of the date of issuance thereof in at least two conspicuous places in the locality to be affected by the proposed appropriation. (Amended by Stats. 1970, Ch. 773.) - 13220. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. General Provisions Relating to Powers and Duties of Regional Boards [13220 - 13228.15] ( Article 2 added by Stats. 1969, Ch. 482. )
Each regional board must establish an office, choose a chairperson each year at its first regular meeting, appoint and pay an executive officer, and hire any other assistants it needs.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. General Provisions Relating to Powers and Duties of Regional Boards [13220 - 13228.15] ( Article 2 added by Stats. 1969, Ch. 482. ) ## 13220. Each regional board shall do all of the following: (a) Establish an office. (b) Select one of its members as chairperson at the first regular meeting held each year. (c) Appoint as its confidential employee, who may be exempt from civil service under Section 4 of Article VII of the California Constitution, and fix the salary of, an executive officer who shall meet technical qualifications as defined by the state board. The executive officer shall serve at the pleasure of the regional board. (d) Employ any other assistants that may be determined necessary to assist the executive officer. (Amended by Stats. 2010, Ch. 288, Sec. 20. (SB 1169) Effective January 1, 2011.) - 13221. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. General Provisions Relating to Powers and Duties of Regional Boards [13220 - 13228.15] ( Article 2 added by Stats. 1969, Ch. 482. )
Regional board members may administer oaths and issue subpoenas for witnesses and evidence in proceedings before the board anywhere in the region.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. General Provisions Relating to Powers and Duties of Regional Boards [13220 - 13228.15] ( Article 2 added by Stats. 1969, Ch. 482. ) ## 13221. Members of the regional board shall be empowered to administer oaths and issue subpoenas for the attendance and giving of testimony by witnesses and for the production of evidence in any proceeding before the board in any part of the region. The provisions of Chapter 3 (commencing with Section 1075) of Part I of Division 2 of this code shall apply to regional boards within their own regions, where they shall have the same power as the state board within the state. (Added by Stats. 1969, Ch. 482.) - 13222. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. General Provisions Relating to Powers and Duties of Regional Boards [13220 - 13228.15] ( Article 2 added by Stats. 1969, Ch. 482. )
Each regional board must adopt regulations to carry out its powers and duties under this division, following any guidelines the state board may establish.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. General Provisions Relating to Powers and Duties of Regional Boards [13220 - 13228.15] ( Article 2 added by Stats. 1969, Ch. 482. ) ## 13222. Pursuant to such guidelines as the state board may establish, each regional board shall adopt regulations to carry out its powers and duties under this division. (Added by Stats. 1969, Ch. 482.) - 13223. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. General Provisions Relating to Powers and Duties of Regional Boards [13220 - 13228.15] ( Article 2 added by Stats. 1969, Ch. 482. )
A regional board may delegate its powers and duties to its executive officer, but not the listed matters.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. General Provisions Relating to Powers and Duties of Regional Boards [13220 - 13228.15] ( Article 2 added by Stats. 1969, Ch. 482. ) ## 13223. (a) Each regional board may delegate any of its powers and duties vested in it by this division to its executive officer excepting only the following: (1) the promulgation of any regulation; (2) the issuance, modification, or revocation of any water quality control plan, water quality objectives, or waste discharge requirement; (3) the issuance, modification, or revocation of any cease and desist order; (4) the holding of any hearing on water quality control plans; and (5) the application to the Attorney General for judicial enforcement but excluding cases of specific delegation in a cease and desist order and excluding the cases described in subdivision (c) of Section 13002 and Sections 13304 and 13340. (b) Whenever any reference is made in this division to any action that may be taken by a regional board, such reference includes such action by its executive officer pursuant to powers and duties delegated to him by the regional board. (Amended by Stats. 1970, Ch. 918.) - 13224. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. General Provisions Relating to Powers and Duties of Regional Boards [13220 - 13228.15] ( Article 2 added by Stats. 1969, Ch. 482. )
Each regional board may issue policy statements on water quality matters within its jurisdiction.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. General Provisions Relating to Powers and Duties of Regional Boards [13220 - 13228.15] ( Article 2 added by Stats. 1969, Ch. 482. ) ## 13224. Each regional board may issue policy statements relating to any water quality matter within its jurisdiction. (Added by Stats. 1969, Ch. 482.) - 13225. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. General Provisions Relating to Powers and Duties of Regional Boards [13220 - 13228.15] ( Article 2 added by Stats. 1969, Ch. 482. )
Regional boards must carry out a list of water-quality coordination, reporting, assistance, and posting duties in their region.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. General Provisions Relating to Powers and Duties of Regional Boards [13220 - 13228.15] ( Article 2 added by Stats. 1969, Ch. 482. ) ## 13225. Each regional board, with respect to its region, shall do all of the following: (a) Coordinate with the state board and other regional boards, as well as other state agencies with responsibility for water quality, with respect to water quality control matters, including the prevention and abatement of water pollution and nuisance. (b) Encourage and assist in waste disposal programs, as needed and feasible, and upon application of any person, advise the applicant of the condition to be maintained in any disposal area or receiving waters into which the waste is being discharged. (c) Require as necessary any state or local agency to investigate and report on any technical factors involved in water quality control or to obtain and submit analyses of water; provided that the burden, including costs, of such reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained therefrom. (d) Request enforcement by appropriate federal, state and local agencies of their respective water quality control laws. (e) Report rates of compliance with the requirements of this division. (f) Recommend to the state board projects which the regional board considers eligible for any financial assistance which may be available through the state board. (g) Report to the state board and appropriate local health officer any case of suspected contamination in its region. (h) File with the state board, at its request, copies of the record of any official action. (i) Take into consideration the effect of its actions pursuant to this chapter on the California Water Plan adopted or revised pursuant to Division 6 (commencing with Section 10000) and on any other general or coordinated governmental plan looking toward the development, utilization, or conservation of the water resources of the state. (j) Encourage coordinated regional planning and action for water quality control. (k) In consultation with the state board, identify and post on the Internet a summary list of all enforcement actions undertaken by that regional board and the dispositions of those actions, including any fines assessed. This list shall be updated at least quarterly. (Amended by Stats. 2006, Ch. 293, Sec. 1. Effective January 1, 2007.) - 13226. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. General Provisions Relating to Powers and Duties of Regional Boards [13220 - 13228.15] ( Article 2 added by Stats. 1969, Ch. 482. )
Each regional board must review and classify proposed or operating waste disposal sites in its region, unless the site is a sewage treatment plant or primarily contains fertilizer or radioactive material.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. General Provisions Relating to Powers and Duties of Regional Boards [13220 - 13228.15] ( Article 2 added by Stats. 1969, Ch. 482. ) ## 13226. Consistent with classifications adopted by the state board pursuant to Section 13172, each regional board shall review and classify any proposed or currently operating waste disposal site, except any sewage treatment plant or any site which primarily contains fertilizer or radioactive material, within its region. (Added by Stats. 1982, Ch. 90, Sec. 5. Effective March 2, 1982.) - 13227. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. General Provisions Relating to Powers and Duties of Regional Boards [13220 - 13228.15] ( Article 2 added by Stats. 1969, Ch. 482. )
Regional boards must review certain facility closure and postclosure plans, approve them if legal requirements are met, and may condition approval under this section.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. General Provisions Relating to Powers and Duties of Regional Boards [13220 - 13228.15] ( Article 2 added by Stats. 1969, Ch. 482. ) ## 13227. (a) Each regional board, with respect to its region, shall review the facility closure and postclosure plans submitted pursuant to Section 25246 of the Health and Safety Code, to ensure that water quality is adequately protected during closure and the post-closure maintenance period. (b) The regional board shall approve the facility closure and postclosure plans if it finds that the plans comply with applicable state and federal laws and regulations relating to water quality protection and monitoring. (c) The regional board may condition its approval of the plans in accordance with the requirements of this section. (Amended by Stats. 1988, Ch. 1631, Sec. 46.) - 13228. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. General Provisions Relating to Powers and Duties of Regional Boards [13220 - 13228.15] ( Article 2 added by Stats. 1969, Ch. 482. )
A regulated person or entity may ask multiple regional boards to let one board handle a matter, if it sends written requests to all affected boards and they all agree in writing, unless an affected board denies the request.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. General Provisions Relating to Powers and Duties of Regional Boards [13220 - 13228.15] ( Article 2 added by Stats. 1969, Ch. 482. ) ## 13228. (a) Concerning any matter that may be submitted to a regional board by a person or entity that is subject to regulation by more than one regional board, the person or entity may submit the matter to one of those regional boards if both of the following requirements are met: (1) The person or entity submits a written request to all affected regional boards that one regional board be designated to regulate the matter. (2) All affected regional boards agree in writing to the designation. Unless the board of any affected regional board denies the request, the executive officer of a regional board may grant a request submitted pursuant to paragraph (1) on behalf of that board. (b) Notwithstanding subdivision (a), any regional board that is affected by a matter for which a designation is made in accordance with subdivision (a) may take enforcement action with regard to that matter. (Added by Stats. 1994, Ch. 536, Sec. 1. Effective January 1, 1995.) - 13228.14. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. General Provisions Relating to Powers and Duties of Regional Boards [13220 - 13228.15] ( Article 2 added by Stats. 1969, Ch. 482. )
Regional boards may use a three-member panel for certain hearings and investigations, but the board must make the final decision and give notice to affected persons.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. General Provisions Relating to Powers and Duties of Regional Boards [13220 - 13228.15] ( Article 2 added by Stats. 1969, Ch. 482. ) ## 13228.14. (a) Any hearing or investigation by a regional board relating to investigating the quality of waters of the state, prescribing waste discharge requirements, issuing cease and desist orders, requiring the cleanup or abatement of waste, or imposing administrative civil liabilities or penalties may be conducted by a panel of three or more members of the regional board, but any final action in the matter shall be taken by the regional board. Due notice of any hearing shall be given to all affected persons. After a hearing, the panel shall report its proposed decision and order to the regional board and shall supply a copy to all parties who appeared at the hearing and requested a copy. (b) No party who appears before the panel is precluded from appearing before the regional board at any subsequent hearing relating to the matter. Members of the panel are not disqualified from sitting as members of the regional board in deciding the matter. (c) The regional board, after making an independent review of the record and taking additional evidence as may be necessary, may adopt, with or without revision, or reject, the proposed decision and order of the panel. (d) For each meeting agenda notice that a regional board provides pursuant to subdivision (b) of Section 11125 of the Government Code, a regional board shall make the agenda notice available in both English and Spanish and may make the agenda notice available in any other language. (Amended by Stats. 2012, Ch. 551, Sec. 3. (SB 965) Effective January 1, 2013.) - 13228.15. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. General Provisions Relating to Powers and Duties of Regional Boards [13220 - 13228.15] ( Article 2 added by Stats. 1969, Ch. 482. )
Regional board members or their designees may hold prehearing conferences on matters within the board’s jurisdiction.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. General Provisions Relating to Powers and Duties of Regional Boards [13220 - 13228.15] ( Article 2 added by Stats. 1969, Ch. 482. ) ## 13228.15. The members of a regional board, or their designees, with respect to matters within the regional board’s jurisdiction, may carry out prehearing conferences to address any of the matters described in subdivision (b) of Section 11511.5 of the Government Code. No party who appears at a prehearing conference is precluded from appearing before the regional board at any subsequent hearing relating to the matter. (Added by Stats. 2002, Ch. 420, Sec. 4. Effective January 1, 2003.) - 1323. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Posting and Mailing Notice [1320 - 1324] ( Article 3 enacted by Stats. 1943, Ch. 368. )
Proof that notice was posted must be made by affidavit from the applicant or the person posting notice for the applicant, and it must be filed within 40 days after the notice is issued.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Posting and Mailing Notice [1320 - 1324] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 1323. Proof of posting shall be by affidavit of the applicant or the person posting notice on behalf of the applicant and shall be filed within 40 days from the date of issuance of notice. (Enacted by Stats. 1943, Ch. 368.) - 1324. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Posting and Mailing Notice [1320 - 1324] ( Article 3 enacted by Stats. 1943, Ch. 368. )
The board may cancel an application if the applicant fails to file proof of posting, but only after giving written notice and 15 days to file it.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Notice of Application [1300 - 1324] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Posting and Mailing Notice [1320 - 1324] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 1324. The board may cancel any application for failure of the applicant to file proof of posting in accordance with this article, provided the board first gives the applicant written notice of such possible cancellation and 15 days in which to file proof of posting. (Added by Stats. 1963, Ch. 501.) - 13240. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Regional Water Quality Control Plans [13240 - 13249] ( Heading of Article 3 amended by Stats. 1969, Ch. 800. )
Regional boards must create and adopt water quality control plans for all areas in their region, align them with stated water quality policies, consult affected state and local agencies while preparing them, and review the plans periodically; they may revise the plans.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Regional Water Quality Control Plans [13240 - 13249] ( Heading of Article 3 amended by Stats. 1969, Ch. 800. ) ## 13240. Each regional board shall formulate and adopt water quality control plans for all areas within the region. Such plans shall conform to the policies set forth in Chapter 1 (commencing with Section 13000) of this division and any state policy for water quality control. During the process of formulating such plans the regional boards shall consult with and consider the recommendations of affected state and local agencies. Such plans shall be periodically reviewed and may be revised. (Added by Stats. 1969, Ch. 482.) - 13241. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Regional Water Quality Control Plans [13240 - 13249] ( Heading of Article 3 amended by Stats. 1969, Ch. 800. )
Each regional board must set water quality objectives in its water quality control plans and consider listed environmental, economic, housing, and recycled-water factors.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Regional Water Quality Control Plans [13240 - 13249] ( Heading of Article 3 amended by Stats. 1969, Ch. 800. ) ## 13241. Each regional board shall establish such water quality objectives in water quality control plans as in its judgment will ensure the reasonable protection of beneficial uses and the prevention of nuisance; however, it is recognized that it may be possible for the quality of water to be changed to some degree without unreasonably affecting beneficial uses. Factors to be considered by a regional board in establishing water quality objectives shall include, but not necessarily be limited to, all of the following: (a) Past, present, and probable future beneficial uses of water. (b) Environmental characteristics of the hydrographic unit under consideration, including the quality of water available thereto. (c) Water quality conditions that could reasonably be achieved through the coordinated control of all factors which affect water quality in the area. (d) Economic considerations. (e) The need for developing housing within the region. (f) The need to develop and use recycled water. (Amended by Stats. 1991, Ch. 187, Sec. 2.) - 13242. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Regional Water Quality Control Plans [13240 - 13249] ( Heading of Article 3 amended by Stats. 1969, Ch. 800. )
The implementation program for achieving water quality objectives must include a description of necessary actions, a time schedule, and surveillance to check compliance.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Regional Water Quality Control Plans [13240 - 13249] ( Heading of Article 3 amended by Stats. 1969, Ch. 800. ) ## 13242. The program of implementation for achieving water quality objectives shall include, but not be limited to: (a) A description of the nature of actions which are necessary to achieve the objectives, including recommendations for appropriate action by any entity, public or private. (b) A time schedule for the actions to be taken. (c) A description of surveillance to be undertaken to determine compliance with objectives. (Added by Stats. 1969, Ch. 482.) - 13243. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Regional Water Quality Control Plans [13240 - 13249] ( Heading of Article 3 amended by Stats. 1969, Ch. 800. )
A regional board may set conditions or areas in plans or waste discharge requirements where waste discharge is not allowed.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Regional Water Quality Control Plans [13240 - 13249] ( Heading of Article 3 amended by Stats. 1969, Ch. 800. ) ## 13243. A regional board, in a water quality control plan or in waste discharge requirements, may specify certain conditions or areas where the discharge of waste, or certain types of waste, will not be permitted. (Added by Stats. 1969, Ch. 482.) - 13244. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Regional Water Quality Control Plans [13240 - 13249] ( Heading of Article 3 amended by Stats. 1969, Ch. 800. )
Regional boards may not adopt a water quality control plan unless a public hearing is held first and notice is published in the affected county or counties.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Regional Water Quality Control Plans [13240 - 13249] ( Heading of Article 3 amended by Stats. 1969, Ch. 800. ) ## 13244. The regional boards shall not adopt any water quality control plan unless a public hearing is first held, after the giving of notice of such hearing by publication in the affected county or counties pursuant to Section 6061 of the Government Code. When the plan proposes to prohibit discharges of waste pursuant to Section 13243, similar notice shall be given by publication pursuant to Section 6061.3 of the Government Code. (Added by Stats. 1969, Ch. 482.) - 13245. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Regional Water Quality Control Plans [13240 - 13249] ( Heading of Article 3 amended by Stats. 1969, Ch. 800. )
A regional board’s water quality control plan, or a revision of it, does not take effect until the state board approves it.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Regional Water Quality Control Plans [13240 - 13249] ( Heading of Article 3 amended by Stats. 1969, Ch. 800. ) ## 13245. A water quality control plan, or a revision thereof adopted by a regional board, shall not become effective unless and until it is approved by the state board. The state board may approve such plan, or return it to the regional board for further consideration and resubmission to the state board. Upon resubmission the state board may either approve or, after a public hearing in the affected region, revise and approve such plan. (Amended by Stats. 1971, Ch. 1288.) - 13245.5. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Regional Water Quality Control Plans [13240 - 13249] ( Heading of Article 3 amended by Stats. 1969, Ch. 800. )
Regional board guidelines do not take effect unless the state board approves them.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Regional Water Quality Control Plans [13240 - 13249] ( Heading of Article 3 amended by Stats. 1969, Ch. 800. ) ## 13245.5. Guidelines adopted by a regional board shall not become effective unless and until approved by the state board. (Added by Stats. 1986, Ch. 758, Sec. 3.) - 13246. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Regional Water Quality Control Plans [13240 - 13249] ( Heading of Article 3 amended by Stats. 1969, Ch. 800. )
The state board must act on water quality control plans within 60 days of submission or 90 days after resubmission, and generally may not exceed 60 days for certain TMDL-related amendments unless an exception applies.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Regional Water Quality Control Plans [13240 - 13249] ( Heading of Article 3 amended by Stats. 1969, Ch. 800. ) ## 13246. (a) The state board shall act upon any water quality control plan not later than 60 days from the date the regional board submitted the plan to the state board, or 90 days from the date of resubmission of the plan. (b) When the state board is acting upon a water quality control plan that is being amended solely for an action related to a regional board’s total maximum daily load submittal, not including submittals related to listing, the state board shall not exceed the 60-day timeline, inclusive of the time spent sending the submittal back to the regional board, unless one of the following circumstances exists: (1) The proposed amendment is for an exceedingly complex total maximum daily load. In order to determine if a total maximum daily load is exceedingly complex, the state board may consider a number of factors including, but not limited to, the volume of the record, the number of pollutants included, the number of dischargers and land uses involved, and the size of the watershed. The reason or reasons that any total maximum daily load is determined to be exceedingly complex shall be provided by the state board to the regional board in writing. (2) The submittal by the regional board is clearly incomplete. (Amended by Stats. 2002, Ch. 20, Sec. 2. Effective April 8, 2002.) - 13247. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Regional Water Quality Control Plans [13240 - 13249] ( Heading of Article 3 amended by Stats. 1969, Ch. 800. )
State offices, departments, and boards must follow state board water quality control plans when their activities may affect water quality, unless another statute directs otherwise or authorizes a different approach.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Regional Water Quality Control Plans [13240 - 13249] ( Heading of Article 3 amended by Stats. 1969, Ch. 800. ) ## 13247. State offices, departments, and boards, in carrying out activities which may affect water quality, shall comply with water quality control plans approved or adopted by the state board unless otherwise directed or authorized by statute, in which case they shall indicate to the regional boards in writing their authority for not complying with such plans. (Amended by Stats. 1971, Ch. 1288.) - 13248. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Regional Water Quality Control Plans [13240 - 13249] ( Heading of Article 3 amended by Stats. 1969, Ch. 800. )
The state board may review a regional board’s failure to act, decide it was proper, or, if it was improper, direct action, refer the matter, or act itself.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Regional Water Quality Control Plans [13240 - 13249] ( Heading of Article 3 amended by Stats. 1969, Ch. 800. ) ## 13248. (a) At any time, the state board may, on its own motion, review the regional board’s failure to act under this article. (b) The state board may find that the failure of the regional board to act was appropriate and proper. Upon finding that the failure of the regional board to act was inappropriate or improper, the state board may direct that appropriate action be taken by the regional board, refer the matter to another state agency having jurisdiction, take appropriate action itself, or take any combination of those actions. In taking any action, the state board is vested with all the powers of the regional boards under this division. (Added by Stats. 2010, Ch. 288, Sec. 21. (SB 1169) Effective January 1, 2011.) - 13249. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Regional Water Quality Control Plans [13240 - 13249] ( Heading of Article 3 amended by Stats. 1969, Ch. 800. )
The state board may accept certain money donations, grants, contributions, or contract payments, but it must deposit and separately account for the funds and give notice before accepting them.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Regional Water Quality Control Plans [13240 - 13249] ( Heading of Article 3 amended by Stats. 1969, Ch. 800. ) ## 13249. (a) The state board may, on behalf of itself or a regional board, accept donations of moneys from a permittee for the purpose of updating a water quality control plan as consistent with the designated use of the funds. (b) The state board may, on behalf of itself or a regional board, accept moneys from donations, grants, or contributions, or through contractual agreements, from public agencies for the purpose of planning, permitting, or providing technical support for projects of public benefit within the state board’s or regional board’s jurisdiction. (c) All funds received pursuant to this section shall be deposited, and separately accounted for, in the State Water Pollution Cleanup and Abatement Account, for expenditure in accordance with the terms of the donation, grant, contribution, or contractual agreement. (d) For the purposes of this section, “projects of public benefit” include, but are not limited to, projects directly related to climate change adaptation, ecosystem protection and restoration, water recycling, stormwater capture, water conservation, emergency preparedness, flood management, ambient water quality monitoring, research, and environmental justice. (e) Before accepting any moneys pursuant to this section, the state board shall provide notice of its intent to accept those moneys and provide a description of the associated public benefit of those moneys in accordance with the requirements governing the notice of a meeting, as set forth in subdivision (b) of Section 11125 of the Government Code. (Amended by Stats. 2024, Ch. 833, Sec. 1. (AB 2501) Effective January 1, 2025.) - 13260. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )
Certain waste dischargers must file reports with the regional board and pay annual fees, subject to listed waivers and exemptions.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13260. (a) Each of the following persons shall file with the appropriate regional board a report of the discharge, containing the information that may be required by the regional board: (1) A person discharging waste, or proposing to discharge waste, within any region that could affect the quality of the waters of the state, other than into a community sewer system. (2) A person who is a citizen, domiciliary, or political agency or entity of this state discharging waste, or proposing to discharge waste, outside the boundaries of the state in a manner that could affect the quality of the waters of the state within any region. (3) A person operating, or proposing to construct, an injection well. (b) A report of waste discharge need not be filed pursuant to subdivision (a) if the requirement is waived pursuant to Section 13269. (c) Each person subject to subdivision (a) shall file with the appropriate regional board a report of waste discharge relative to any material change or proposed change in the character, location, or volume of the discharge. (d) (1) (A) Each person who is subject to subdivision (a) or (c), or Section 13523 or 13523.1, shall submit an annual fee according to a fee schedule established by the state board. (B) The total amount of annual fees collected pursuant to this section shall equal that amount necessary to recover costs incurred in connection with the issuance, administration, reviewing, monitoring, and enforcement of waste discharge requirements, waivers of waste discharge requirements, water recycling requirements, and master recycling permits. (C) Recoverable costs may include, but are not limited to, costs incurred in reviewing waste discharge and water recycling reports; prescribing terms of waste discharge requirements, waivers of waste discharge requirements, water recycling requirements, master recycling permits, and monitoring requirements; enforcing and evaluating compliance with those requirements, waivers, and permits; conducting surface water and groundwater monitoring and modeling; analyzing laboratory samples; adopting, reviewing, and revising water quality control plans, state policies for water quality control, and recycling criteria; reviewing documents prepared for the purpose of regulating the discharge of waste or water recycling; and administrative costs incurred in connection with carrying out these actions. (D) In establishing the amount of a fee that may be imposed on a confined animal feeding and holding operation pursuant to this section, including, but not limited to, a dairy farm, the state board shall consider all of the following factors: (i) The size of the operation. (ii) Whether the operation has been issued a permit to operate pursuant to Section 1342 of Title 33 of the United States Code. (iii) Any applicable waste discharge requirement or conditional waiver of a waste discharge requirement. (iv) The type and amount of discharge from the operation. (v) The pricing mechanism of the commodity produced. (vi) Any compliance costs borne by the operation pursuant to state and federal water quality regulations. (vii) Whether the operation participates in a quality assurance program certified by a regional water quality control board, the state board, or a federal water quality control agency. (2) (A) Subject to subparagraph (B), the fees collected pursuant to this section shall be deposited in the Waste Discharge Permit Fund, which is hereby created. The money in the fund is available for expenditure by the state board, upon appropriation by the Legislature, solely for the purposes of carrying out this division. (B) (i) Notwithstanding subparagraph (A), the fees collected pursuant to this section from stormwater dischargers that are subject to a general industrial or construction stormwater permit under the national pollutant discharge elimination system (NPDES) shall be separately accounted for in the Waste Discharge Permit Fund. (ii) Not less than 50 percent of the money in the Waste Discharge Permit Fund that is separately accounted for pursuant to clause (i) is available, upon appropriation by the Legislature, for expenditure by the regional board with jurisdiction over the permitted industry or construction site that generated the fee to carry out stormwater programs in the region. (iii) Each regional board that receives money pursuant to clause (ii) shall spend not less than 50 percent of that money solely on stormwater inspection and regulatory compliance issues associated with industrial and construction stormwater programs. (3) A person who would be required to pay the annual fee prescribed by paragraph (1) for waste discharge requirements applicable to discharges of solid waste, as defined in Section 40191 of the Public Resources Code, at a waste management unit that is also regulated under Division 30 (commencing with Section 40000) of the Public Resources Code, shall be entitled to a waiver of the annual fee for the discharge of solid waste at the waste management unit imposed by paragraph (1) upon verification by the state board of payment of the fee imposed by Section 48000 of the Public Resources Code, and provided that the fee established pursuant to Section 48000 of the Public Resources Code generates revenues sufficient to fund the programs specified in Section 48004 of the Public Resources Code and the amount appropriated by the Legislature for those purposes is not reduced. (e) Each person that discharges waste in a manner regulated by this section shall pay an annual fee to the state board. The state board shall establish, by regulation, a timetable for the payment of the annual fee. If the state board or a regional board determines that the discharge will not affect, or have the potential to affect, the quality of the waters of the state, all or part of the annual fee shall be refunded. (f) (1) The state board shall adopt, by emergency regulations, a schedule of fees authorized under subdivision (d). The total revenue collected each year through annual fees shall be set at an amount equal to the revenue levels set forth in the Budget Act for this activity. The state board shall automatically adjust the annual fees each fiscal year to conform with the revenue levels set forth in the Budget Act for this activity. If the state board determines that the revenue collected during the preceding year was greater than, or less than, the revenue levels set forth in the Budget Act, the state board may further adjust the annual fees to compensate for the over and under collection of revenue. (2) The emergency regulations adopted pursuant to this subdivision, any amendment thereto, or subsequent adjustments to the annual fees, shall be adopted by the state board in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the state board, or adjustments to the annual fees made by the state board pursuant to this section, are not subject to review by the Office of Administrative Law and shall remain in effect until revised by the state board. (g) The state board shall adopt regulations setting forth reasonable time limits within which the regional board shall determine the adequacy of a report of waste discharge submitted under this section. (h) Each report submitted under this section shall be sworn to, or submitted under penalty of perjury. (i) The regulations adopted by the state board pursuant to subdivision (f) shall include a provision that annual fees shall not be imposed on those who pay fees under the national pollutant discharge elimination system until those fees are again due, at which time the fees shall become due on an annual basis. (j) A person operating or proposing to construct an oil, gas, or geothermal injection well subject to paragraph (3) of subdivision (a) shall not be required to pay a fee pursuant to subdivision (d) if the injection well is regulated by the Geologic Energy Management Division of the Department of Conservation, in lieu of the appropriate California regional water quality control board, pursuant to the memorandum of understanding, entered into between the state board and the Department of Conservation on May 19, 1988. This subdivision shall remain operative until the memorandum of understanding is revoked by the state board or the Department of Conservation. (k) In addition to the report required by subdivision (a), before a person discharges mining waste, the person shall first submit both of the following to the regional board: (1) A report on the physical and chemical characteristics of the waste that could affect its potential to cause pollution or contamination. The report shall include the results of all tests required by regulations adopted by the board, any test adopted by the Department of Toxic Substances Control pursuant to Section 25141 of the Health and Safety Code for extractable, persistent, and bioaccumulative toxic substances in a waste or other material, and any other tests that the state board or regional board may require, including, but not limited to, tests needed to determine the acid-generating potential of the mining waste or the extent to which hazardous substances may persist in the waste after disposal. (2) A report that evaluates the potential of the discharge of the mining waste to produce, over the long term, acid mine drainage, the discharge or leaching of heavy metals, or the release of other hazardous substances. (l) Except upon the written request of the regional board, a report of waste discharge need not be filed pursuant to subdivision (a) or (c) by a user of recycled water that is being supplied by a supplier or distributor of recycled water for whom a master recycling permit has been issued pursuant to Section 13523.1. (Amended by Stats. 2023, Ch. 51, Sec. 40. (SB 122) Effective July 10, 2023.) - 13260.2. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )
The state board must establish a fee that covers its costs for reviewing, processing, and enforcing no exposure certifications.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13260.2. (a) The state board shall establish a fee in an amount sufficient to recover its costs in reviewing, processing, and enforcing “no exposure” certifications issued to facilities that apply for those certifications in accordance with a general industrial stormwater permit. (b) Revenue generated pursuant to this section shall be deposited in the Waste Discharge Permit Fund. (Added by Stats. 2003, 1st Ex. Sess., Ch. 1, Sec. 4. Effective October 28, 2003.) - 13260.3. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )
Each year, the state board must report to the Governor and Legislature on how annual fees collected under Section 13260 were spent.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13260.3. On or before January 1 of each year, the state board shall report to the Governor and the Legislature on the expenditure of annual fees collected pursuant to Section 13260. (Added by Stats. 2003, 1st Ex. Sess., Ch. 1, Sec. 5. Effective October 28, 2003.) - 13261. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )
People who fail to provide a required report or pay a required fee under Section 13260 when requested by a regional board commit a misdemeanor and may face civil liability. Hazardous-waste discharge actors also commit a misdemeanor if they knowingly file a false report, or willfully fail to report or withhold material information despite knowing the requirement.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13261. (a) A person who fails to furnish a report or pay a fee under Section 13260 when so requested by a regional board is guilty of a misdemeanor and may be liable civilly in accordance with subdivision (b). (b) (1) Civil liability may be administratively imposed by a regional board or the state board in accordance with Article 2.5 (commencing with Section 13323) of Chapter 5 for a violation of subdivision (a) in an amount not exceeding one thousand dollars ($1,000) for each day in which the violation occurs. Civil liability shall not be imposed by the regional board pursuant to this section if the state board has imposed liability against the same person for the same violation. (2) Civil liability may be imposed by the superior court in accordance with Article 5 (commencing with Section 13350) and Article 6 (commencing with Section 13360) of Chapter 5 for a violation of subdivision (a) in an amount not exceeding five thousand dollars ($5,000) for each day the violation occurs. (c) A person who discharges or proposes to discharge hazardous waste, as defined in Section 25117 of the Health and Safety Code, who knowingly furnishes a false report under Section 13260, or who either willfully fails to furnish a report or willfully withholds material information under Section 13260 despite actual knowledge of that requirement, may be liable in accordance with subdivision (d) and is guilty of a misdemeanor. This subdivision does not apply to any waste discharge that is subject to Chapter 5.5 (commencing with Section 13370). (d) (1) Civil liability may be administratively imposed by a regional board in accordance with Article 2.5 (commencing with Section 13323) of Chapter 5 for a violation of subdivision (c) in an amount not exceeding five thousand dollars ($5,000) for each day the violation occurs. (2) Civil liability may be imposed by the superior court in accordance with Article 5 (commencing with Section 13350) and Article 6 (commencing with Section 13360) of Chapter 5 for a violation of subdivision (c) in an amount not exceeding twenty-five thousand dollars ($25,000). (Amended by Stats. 2010, Ch. 288, Sec. 22. (SB 1169) Effective January 1, 2011.) - 13262. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )
At the request of either board, the Attorney General must ask the superior court for an order requiring a person who is not complying with Section 13260 to comply.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13262. The Attorney General, at the request of the regional board or the state board, shall petition the superior court for the issuance of a temporary restraining order, temporary injunction, or permanent injunction, or combination thereof, as may be appropriate, requiring any person not complying with Section 13260 to comply therewith. (Amended by Stats. 2001, Ch. 869, Sec. 2. Effective January 1, 2002.) - 13263. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )
The regional board must set waste discharge requirements, notify the discharger in writing, and the notified person must provide adequate means to meet them.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13263. (a) The regional board, after any necessary hearing, shall prescribe requirements as to the nature of any proposed discharge, existing discharge, or material change in an existing discharge, except discharges into a community sewer system, with relation to the conditions existing in the disposal area or receiving waters upon, or into which, the discharge is made or proposed. The requirements shall implement any relevant water quality control plans that have been adopted, and shall take into consideration the beneficial uses to be protected, the water quality objectives reasonably required for that purpose, other waste discharges, the need to prevent nuisance, and the provisions of Section 13241. (b) A regional board, in prescribing requirements, need not authorize the utilization of the full waste assimilation capacities of the receiving waters. (c) The requirements may contain a time schedule, subject to revision in the discretion of the board. (d) The regional board may prescribe requirements although no discharge report has been filed. (e) Upon application by any affected person, or on its own motion, the regional board may review and revise requirements. All requirements shall be reviewed periodically. (f) The regional board shall notify in writing the person making or proposing the discharge or the change therein of the discharge requirements to be met. After receipt of the notice, the person so notified shall provide adequate means to meet the requirements. (g) No discharge of waste into the waters of the state, whether or not the discharge is made pursuant to waste discharge requirements, shall create a vested right to continue the discharge. All discharges of waste into waters of the state are privileges, not rights. (h) The regional board may incorporate the requirements prescribed pursuant to this section into a master recycling permit for either a supplier or distributor, or both, of recycled water. (i) The state board or a regional board may prescribe general waste discharge requirements for a category of discharges if the state board or that regional board finds or determines that all of the following criteria apply to the discharges in that category: (1) The discharges are produced by the same or similar operations. (2) The discharges involve the same or similar types of waste. (3) The discharges require the same or similar treatment standards. (4) The discharges are more appropriately regulated under general discharge requirements than individual discharge requirements. (j) The state board, after any necessary hearing, may prescribe waste discharge requirements in accordance with this section. (Amended by Stats. 1995, Ch. 421, Sec. 2. Effective January 1, 1996.) - 13263.1. Verify source ↗
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )
Before a regional board issues or revises waste discharge requirements for mining waste, it must first determine that the discharge fits a waste management strategy that prevents pollution or contamination of state waters.
## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13263.1. Before a regional board issues or revises waste discharge requirements pursuant to Section 13263 for any discharge of mining waste, the regional board shall first determine that the proposed mining waste discharge is consistent with a waste management strategy that prevents the pollution or contamination of the waters of the state, particularly after closure of any waste management unit for mining waste. (Added by Stats. 1989, Ch. 642, Sec. 7.)
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