California Water Code Section 1
This act shall be known as the Water Code.
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California Water Code Section 2
The provisions of this code, in so far as they are substantially
the same as existing statutory provisions relating to the same
subject matter, shall
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California Water Code Section 3
All persons who, at the time this code takes effect, hold office
under any of the acts repealed by this code, which offices are
continued by this...
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California Water Code Section 4
No action or proceeding commenced before this code takes effect,
and no right accrued, is affected by this code, but all procedure
thereafter taken...
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California Water Code Section 5
Unless the provision or the context otherwise requires, these
definitions, rules of construction, and general provisions shall
govern the...
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California Water Code Section 6
Division, part, chapter, article, and section headings do not in
any manner affect the scope, meaning, or intent of the provisions of
this code.
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California Water Code Section 7
Whenever a power is granted to, or a duty is imposed upon, a
public officer, the power may be exercised or the duty may be
performed by a deputy of...
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California Water Code Section 8
Writing includes any form of recorded message capable of
comprehension by ordinary visual means. Whenever any notice, report,
statement, petition,...
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California Water Code Section 9
Whenever reference is made to any portion of this code or of any
other law of this State, the reference applies to all amendments and
additions...
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California Water Code Section 10
"Section" means a section of this code unless some other
statute is specifically mentioned. "Subdivision" means a subdivision
of the section in...
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California Water Code Section 11
The present tense includes the past and future tenses, and the
future, the present.
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California Water Code Section 12
The masculine gender includes the feminine and the neuter.
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California Water Code Section 13
The singular number includes the plural, and the plural, the
singular.
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California Water Code Section 14
"County" includes city and county.
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California Water Code Section 15
"Shall" is mandatory and "may" is permissive.
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California Water Code Section 16
"Oath" includes affirmation.
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California Water Code Section 17
"Signature" or "subscription" includes mark when the signer or
subscriber can not write, such signer's or subscriber's name being
written near the...
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California Water Code Section 18
"State" means the State of California, unless applied to the
different parts of the United States. In the latter case, it
includes the District of...
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California Water Code Section 19
"Person" means any person, firm, association, organization,
partnership, business trust, corporation, limited liability company,
or company.
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California Water Code Section 20
"United States" means the United States of America, and in
relation to any particular matter includes the officers, agents,
employees, agencies, or...
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California Water Code Section 21
If any provision of this code, or the application thereof to
any person or circumstance, is held invalid, the remainder of the
code, or the...
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California Water Code Section 22
"Department," unless otherwise specified, means the Department
of Water Resources.
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California Water Code Section 23
"Director," unless otherwise specified, means the Director of
Water Resources.
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California Water Code Section 24
The standard miner's inch of water is equivalent to one and
one-half cubic feet of water per minute, measured through any
aperture or orifice.
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California Water Code Section 25
"Board," unless otherwise specified, means the State Water
Resources Control Board.
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California Water Code Section 26
For the purposes of this code, "recycled water" or "reclaimed
water" has the same meaning as recycled water as defined in
subdivision (n) of Section...
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California Water Code Section 100
It is hereby declared that because of the conditions
prevailing in this State the general welfare requires that the water
resources of the State be...
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California Water Code Section 100.5
It is hereby declared to be the established policy of this
state that conformity of a use, method of use, or method of diversion
of water with local...
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California Water Code Section 101
Riparian rights in a stream or watercourse attach to, but to
no more than so much of the flow thereof as may be required or used
consistently with...
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California Water Code Section 102
All water within the State is the property of the people of
the State, but the right to the use of water may be acquired by
appropriation in the...
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California Water Code Section 103
In the enactment of this code the Legislature does not intend
thereby to effect any change in the law relating to water rights.
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California Water Code Section 104
It is hereby declared that the people of the State have a
paramount interest in the use of all the water of the State and that
the State shall...
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California Water Code Section 105
It is hereby declared that the protection of the public
interest in the development of the water resources of the State is of
vital concern to the...
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California Water Code Section 106
It is hereby declared to be the established policy of this
State that the use of water for domestic purposes is the highest use
of water and that the
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California Water Code Section 106.5
It is hereby declared to be the established policy of this
State that the right of a municipality to acquire and hold rights to
the use of water...
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California Water Code Section 106.7
(a) It is hereby declared to be the established policy of
this state to support and encourage the development of
environmentally compatible small...
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California Water Code Section 107
The declaration of the policy of the State in this chapter is
not exclusive, and all other or further declarations of policy in
this code shall be...
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California Water Code Section 108
It is hereby declared to be the established policy of this
State that in the development and completion of any general or
co-ordinated plan prepared...
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California Water Code Section 109
(a) The Legislature hereby finds and declares that the growing
water needs of the state require the use of water in an efficient
manner and that the...
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California Water Code Section 112
(a) The efficiency of a reverse osmosis water treatment device
means the percentage of water which passes through the water
treatment device that is...
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California Water Code Section 120
There is in the Resources Agency the Department of Water
Resources, which is under the control of an executive officer known
as the Director of Water
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California Water Code Section 122
The director, in addition to being subject to removal from
office by the Governor, may be removed from office by the
Legislature, by concurrent...
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California Water Code Section 123
Except as provided in Section 179, the department succeeds to
and is vested with all of the powers, duties, purposes,
responsibilities, and...
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California Water Code Section 124
Except to the extent inconsistent with the provisions of this
code, the provisions of Chapter 2 (commencing at Section 11150), Part
1, Division 3,...
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California Water Code Section 125
For the purpose of administration, the director shall organize
the department with the approval of the Governor in the manner he
deems necessary to...
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California Water Code Section 126
There shall be one Deputy Director of Water Resources who
shall be a civil executive officer and shall be appointed by the
Governor and serve at the...
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California Water Code Section 127
The department may employ legal counsel who shall advise the
director, represent the department in connection with legal matters
before other boards...
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California Water Code Section 128
(a) In times of extraordinary stress and of disaster,
resulting from storms and floods, or where damage to watershed lands
by forest fires has...
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California Water Code Section 130
The department may prepare, publish, and issue such printed
pamphlets and bulletins as the director deems necessary for the
dissemination of...
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California Water Code Section 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...
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California Water Code Section 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...
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California Water Code Section 133
The department may cooperate and contract with any agency of
the State or of the United States in order to carry out its powers
and purposes.
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California Water Code Section 134
The department may expend money appropriated for the
administration of the laws the enforcement of which is committed to
the department. The...
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California Water Code Section 135
The Water Resources Revolving Fund in the State Treasury is
continued in existence. With the approval of the Department of
Finance, there shall be...
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California Water Code Section 135.1
All sums in the Water Resources Revolving Fund in the State
Treasury, maintained pursuant to Section 135, in a sum not to exceed
seven hundred fifty...
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California Water Code Section 136
The Department of Water Resources shall file against the Water
Resources Revolving Fund all claims covering expenditures incurred
in connection with...
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California Water Code Section 137
The Department of Water Resources shall keep a record of all
expenditures chargeable against each specific portion of the
revolving fund, and any...
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California Water Code Section 138
The director may authorize the refund of moneys received or
collected by the department in payment of fees, licenses, permits,
tolls, or for rentals,
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California Water Code Section 138.9
(a) Subject to subdivisions (b) and (c), commencing on
January 1, 2003, and annually thereafter, the department shall
prepare and submit to the...
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California Water Code Section 138.10
(a) On or before January 1, 2006, the director, in
collaboration with the Secretary of Interior or his or her designee,
shall prepare a plan to meet...
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California Water Code Section 138.12
(a) Except as otherwise provided in a general obligation
bond act, the maximum amount that may be allocated for administrative
expenses shall not...
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California Water Code Section 139.2
The department shall evaluate the potential impacts on water
supplies derived from the Sacramento-San Joaquin Delta based on 50-,
100-, and 200-year...
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California Water Code Section 139.4
(a) The department and the Department of Fish and Game shall
determine the principal options for the delta.
(b) The department shall evaluate and...
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California Water Code Section 141
(a) The department may establish a program to authorize
private entities to lease space above or adjacent to appropriate
conveyance facilities of the
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California Water Code Section 141.5
The department shall proceed with the construction of the
South Delta Improvements Program, but shall not commence the
operational phase of the...
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California Water Code Section 142
(a) In order to reduce greenhouse gas emissions associated
with water and energy usage, on and after January 1, 2008, the
department shall do all of...
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California Water Code Section 150
There is in the Department of Water Resources the California
Water Commission.
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California Water Code Section 151
The California Water Commission consists of nine members who
are appointed by the Governor subject to the confirmation of the
Senate, as provided in...
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California Water Code Section 152
Seven members of the California Water Commission appointed by
the Governor shall be selected and approved for appointment on the
basis of their...
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California Water Code Section 153
The terms of the members of the California Water Commission in
office when this article takes effect shall expire as follows: one
member on January...
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California Water Code Section 154
Appointments shall be for terms of four years. Vacancies
shall be immediately filled by the Governor for the unexpired portion
of the terms in which
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California Water Code Section 155
The appointments made by the Governor to membership on the
California Water Commission shall be subject to confirmation by the
Senate at the next...
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California Water Code Section 156
The members of the California Water Commission may be removed
from office by the Legislature, by concurrent resolution adopted by a
majority vote of...
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California Water Code Section 157
Each member of the California Water Commission shall receive
one hundred dollars ($100) for each day during which the member is
engaged in the...
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California Water Code Section 158
The California Water Commission shall maintain its
headquarters at Sacramento and shall hold meetings at such times and
at such places as shall be...
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California Water Code Section 159
Special meetings may be called at any time by the chairman or
by the executive officer at the request of any four members, upon
notice specifying the
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California Water Code Section 160
The members of the California Water Commission shall select
one of the members to serve as chairman, who shall hold office as
chairman at the...
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California Water Code Section 161
The California Water Commission shall confer with, advise, and
make recommendations to the director with respect to any matters and
subjects under...
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California Water Code Section 161.5
The California Water Commission shall have the power to name
all facilities of the State Water Resources Development System owned
by the state. The...
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California Water Code Section 162
It is the intention of the Legislature that in the making of
all major departmental determinations, policies and procedures, such
as departmental...
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California Water Code Section 163
The commission may employ an executive officer, exempt from
civil service, under subdivision (e) of Section 4 of Article XXIV of
the Constitution,...
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California Water Code Section 163.5
The department shall furnish to the California Water
Commission, at its request, such assistance, including technical,
legal, and clerical services,...
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California Water Code Section 164
The commission may hold any hearings and conduct any
investigations in any part of the state necessary to carry out the
powers vested in it, and for...
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California Water Code Section 165
The California Water Commission shall conduct an annual review
of the progress of construction and operation of the State Water
Resources Development
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California Water Code Section 166
The California Water Commission shall hold public hearings on
all additional facilities proposed to be added to the State Water
Resources Development
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California Water Code Section 174
The Legislature hereby finds and declares that in order to
provide for the orderly and efficient administration of the water
resources of the state...
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California Water Code Section 175
There is in the Resources Agency the State Water Resources
Control Board consisting of five members appointed by the Governor.
One of the members...
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California Water Code Section 175.5
(a) No member of the board shall participate in any board
action pursuant to Article 2 (commencing with Section 13320) of
Chapter 5 of Division 7...
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California Water Code Section 176
The annual salary of the members of the board is provided for
by Chapter 6 (commencing at Section 11550) of Part 1 of Division 3 of
Title 2 of the...
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California Water Code Section 177
All members of the board shall be appointed for terms of four
years. Vacancies shall be immediately filled by the Governor for the
unexpired portion
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California Water Code Section 178
The members of the board may be removed from office by the
Legislature, by concurrent resolution adopted by a majority vote of
all members elected to
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California Water Code Section 179
The board succeeds to and is vested with all of the powers,
duties, purposes, responsibilities, and jurisdiction vested in the
Department and...
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California Water Code Section 179.6
The board, or representatives authorized by the board to do
so, may call, conduct or attend conferences or hearings, official or
unofficial, within...
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California Water Code Section 179.7
As to any matter involving the United States, its
departments or agencies, which is within the scope of the power and
duties of the board, the board...
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California Water Code Section 181
The board shall maintain its headquarters at Sacramento and
may establish branch offices in such parts of the state as the board
deems necessary. ...
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California Water Code Section 182
The Governor shall designate the chairman of the board from
the membership of the board. The person so designated shall hold the
office of chairman...
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California Water Code Section 183
The board may hold any hearings and conduct any investigations
in any part of the state necessary to carry out the powers vested in
it, and for such...
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California Water Code Section 184
The Department of Water Resources shall have an interest and
may appear as a party in any hearing held by the board and may
commence or appear in any
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California Water Code Section 185
The board shall adopt rules for the conduct of its affairs in
conformity, as nearly as practicable, with the provisions of Chapter
3.5 (commencing...
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California Water Code Section 186
(a) The board shall have any powers, and may employ any legal
counsel and other personnel and assistance, that may be necessary or
convenient for the
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California Water Code Section 187
The board, regional water quality control boards, the
Department of Water Resources, and other state agencies shall, to the
fullest extent possible,...
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California Water Code Section 188
The board may expend money appropriated for the administration
of the laws the administration of which is committed to the board.
Such...
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California Water Code Section 188.5
The board shall publish biennial progress reports relating
to the activities of the board and California regional water quality
control boards.
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California Water Code Section 190
Whenever the State of California is specifically invited by
federal law to participate in any interstate commission to plan for
the regional...
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California Water Code Section 205
The department may join associations of representatives of
other States which have been established for not less than 10 years
and which have for...
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California Water Code Section 225
The department may carry on topographic surveys and
investigations into matters pertaining to the water resources of the
State along the lines of...
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California Water Code Section 226
The department, either independently or in co-operation with
any person or any county, state, federal, or other agency, may do any
of the following:
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California Water Code Section 227
The department may investigate any natural situation available
for reservoirs or reservoir systems for gathering and distributing
flood or other...
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California Water Code Section 228
The department shall gather and correlate information and data
pertinent to an annual forecast of seasonal water crop, including
the making of snow...
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California Water Code Section 229
The department, either independently or in cooperation with
any person or any county, state, federal, or other agency, to the
extent that funds are...
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California Water Code Section 230
The department, either independently or in cooperation with
any person or any county, state, federal, or other agency, or upon
the request of the...
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California Water Code Section 231
The department, either independently or in cooperation with
any person or any county, state, federal or other agency, shall
investigate and survey...
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California Water Code Section 233
No plans or proposal for authorization of a project for
construction or operation by the State shall be submitted to the
Legislature by the...
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California Water Code Section 234
The department, either independently or in co-operation with
or through any person or any county, state, federal or other agency,
is authorized to...
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California Water Code Section 235
The department, either independently or in co-operation with
any person or any county, state, federal, or other agency, to the
extent that funds are...
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California Water Code Section 236
The department, either independently or in cooperation with
any person or any county, state, federal, or other agency, is
authorized to collect...
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California Water Code Section 238
(a) The department shall conduct studies of the Sacramento
River and the Feather River and their tributaries north of
Sacramento, including watershed
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California Water Code Section 250
In the name of the people of the State of California, the
department may acquire by eminent domain any property necessary for
state water and dam...
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California Water Code Section 252
Subject to Sections 1240.670 and 1240.680 of the Code of Civil
Procedure, the real property which the department may acquire by
eminent domain, or...
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California Water Code Section 253
The department may acquire, either in fee or in any lesser
estate or interest, any real property which it considers necessary
for state water and dam
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California Water Code Section 257
The director may execute all deeds or conveyances necessary to
convey any real property or interest therein to be sold or exchanged
under the...
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California Water Code Section 258
The authority conferred by this code to acquire real property
for state dam and water purposes includes authority to acquire for
future needs. The...
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California Water Code Section 259
When the department condemns the property of any common
carrier railroad, other public utility, or state agency, or the
appurtenances thereof, it...
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California Water Code Section 260
In any lease, easement, or right of entry agreement entered
into whereby the department leases real property or obtains a grant
of easement,...
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California Water Code Section 265
Notwithstanding any provisions of the State Contract Act, the
department may award and enter into construction contracts which
require expenditures...
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California Water Code Section 275
The department and board shall take all appropriate
proceedings or actions before executive, legislative, or judicial
agencies to prevent waste,...
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California Water Code Section 300
For the purposes of this article, an artesian well is any
artifical hole made in the ground through which water naturally flows
from subterranean...
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California Water Code Section 301
For the purposes of this article, waste is the causing,
suffering, or permitting any water flowing from an artesian well, to
run either:
(a) Into...
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California Water Code Section 302
The use of any water flowing from an artesian well for the
irrigation of land, whenever over 5 per cent of the water received on
the land for...
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California Water Code Section 303
Nothing in this article prevents the running of artesian water
into an artificial pond or storage-reservoir, if the water is used
thereafter for a...
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California Water Code Section 304
A beneficial use under the next preceding section shall not
exceed one tenth of one miner's inch of water per acre, perpetual
flow, but the person...
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California Water Code Section 305
Any artesian well which is not capped or equipped with a
mechanical appliance which will readily and effectively arrest and
prevent the flow of any...
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California Water Code Section 306
The owner, tenant, or occupant of the land upon which a well
which is a public nuisance under the next preceding section is
situated, who causes,...
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California Water Code Section 307
Any person owning, possessing, or occupying any land upon
which is situated an artesian well, who causes, suffers, or permits
water unnecessarily to...
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California Water Code Section 308
Each day's continuance of waste constitutes a new offense.
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California Water Code Section 309
Any person who violates any of the provisions of this article
is punishable for each offense by a fine of not less than fifty
dollars ($50) and not...
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California Water Code Section 310
All prosecutions for the violation of any of the provisions of
this article shall be instituted in the superior court of the county
where the well is
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California Water Code Section 311
Any fine imposed under the provisions of this article may be
collected as in other criminal cases, and the justice may also issue
an execution upon...
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California Water Code Section 340
Any funds appropriated for Yuba River debris control shall be
used for construction, renewal, and repair of works for restraining,
impounding and...
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California Water Code Section 341
Funds withdrawn from such appropriation must be matched by an
expenditure of like amount by the Federal Government for the same
work.
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California Water Code Section 342
All work paid for from such appropriation shall be executed by
or under the direction of the California Debris Commission,
according to plans...
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California Water Code Section 345
The Department of Water Resources shall (a) plan recreation
development associated with state-constructed water projects in
consultation with local...
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California Water Code Section 346
Notwithstanding the provisions of Section 345, the department,
with the approval of the Department of General Services, may acquire
by eminent domain
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California Water Code Section 350
The governing body of a distributor of a public water supply,
whether publicly or privately owned and including a mutual water
company, may declare a
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California Water Code Section 351
Excepting in event of a breakage or failure of a dam, pump,
pipe line or conduit causing an immediate emergency, the declaration
shall be made only...
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California Water Code Section 352
Notice of the time and place of hearing shall be published
pursuant to Section 6061 of the Government Code at least seven days
prior to the date of...
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California Water Code Section 353
When the governing body has so determined and declared the
existence of an emergency condition of water shortage within its
service area, it shall...
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California Water Code Section 354
After allocating and setting aside the amount of water which
in the opinion of the governing body will be necessary to supply
water needed for...
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California Water Code Section 355
The regulations and restrictions shall thereafter be and
remain in full force and effect during the period of the emergency
and until the supply of...
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California Water Code Section 356
The regulations and restrictions may include the right to deny
applications for new or additional service connections, and
provision for their...
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California Water Code Section 357
If the regulations and restrictions on delivery and
consumption of water adopted pursuant to this chapter conflict with
any law establishing the...
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California Water Code Section 358
Nothing in this chapter shall be construed to prohibit or
prevent review by any court of competent jurisdiction of any finding
or determination by a...
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California Water Code Section 359
(a) Notwithstanding any other provision of law that requires
an election for the purpose of authorizing a contract with the United
States, or for...
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California Water Code Section 370
The Legislature hereby finds and declares all of the
following:
(a) The use of allocation-based conservation water pricing by
public entities that
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California Water Code Section 371
For purposes of this chapter, the following terms have the
following meanings:
(a) "Allocation-based conservation water pricing" means a retail...
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California Water Code Section 372
(a) A public entity may employ allocation-based conservation
water pricing that meets all of the following criteria:
(1) Billing is based on...
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California Water Code Section 373
(a) Revenues derived from allocation-based conservation water
pricing shall not exceed the reasonable cost of water service
including basic costs and
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California Water Code Section 374
(a) Allocation-based conservation water pricing under this
chapter may be used on an ongoing basis and shall not require any
finding of emergency or...
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California Water Code Section 375
(a) Notwithstanding any other provision of the law, any public
entity which supplies water at retail or wholesale for the benefit
of persons within...
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California Water Code Section 375.5
(a) A public entity, as defined by Section 375, may
undertake water conservation and public education programs in
conjunction with school districts,...
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California Water Code Section 376
Any ordinance or resolution adopted pursuant to Section 375 is
effective upon adoption. Within 10 days after its adoption, the
ordinance or...
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California Water Code Section 377
From and after the publication or posting of any ordinance or
resolution pursuant to Section 376, violation of a requirement of a
water conservation...
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California Water Code Section 378
A public entity may enter into agreements with other public
entities, businesses, community associations, or private entities to
provide water...
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California Water Code Section 380
The Legislature hereby finds and declares as follows:
(a) The various regions of the state differ widely in the
availability of water supplies and
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California Water Code Section 381
The authority of local or regional public agencies pursuant to
this chapter shall control over any other provision of law which
contains more...
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California Water Code Section 382
(a) Notwithstanding any other provision of law, every local or
regional public agency authorized by law to serve water to the
persons or entities...
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California Water Code Section 383
For the purposes of this chapter, water that is surplus to the
needs of the agency's water users shall mean any of the following:
(a) Water, to...
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California Water Code Section 384
Prior to serving water to any person for use outside the
agency, the agency shall comply with all provisions of the general
laws of this state...
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California Water Code Section 385
No water may be transferred pursuant to this chapter for use
within the boundaries of a local or regional public agency that
furnishes the same water
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California Water Code Section 386
The board may approve any change associated with a transfer
pursuant to this chapter only if it finds that the change may be made
without injuring...
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California Water Code Section 387
Any agreement for the transfer of water under the provisions
of this chapter shall be for a period not to exceed seven years
unless a longer period...
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California Water Code Section 389
(a) Notwithstanding any other provision of law, the term water
standby charge and the term water availability charge have the same
meaning.
(b)...
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California Water Code Section 400
This chapter shall be known and may be cited as the California
Weather Resources Management Act of 1984.
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California Water Code Section 401
It is hereby declared that atmospheric water within the state
which is caused to fall by weather resources management activities
shall, for the...
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California Water Code Section 402
As used in this chapter:
(a) "Weather resources management" means attempting to produce by
physical means any of the following: cloud water...
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California Water Code Section 410
Before commencing a weather resources management project, the
project operator shall file with the department and cause to be
published a notice of...
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California Water Code Section 411
The project operator shall cause the notice of intention to be
published pursuant to Section 6063 of the Government Code in a
newspaper having a...
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California Water Code Section 412
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...
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California Water Code Section 420
The weather resources management project operator shall keep a
record of all operations conducted, showing the equipment, the
methods, the types,...
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California Water Code Section 450
The Governor, or such state official or agency as he may
designate, shall receive both the preliminary documents developed by,
or the formal reports...
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California Water Code Section 451
Within 10 days after the receipt of any such preliminary
document or formal report, the Governor or his designee shall
transmit copies thereof to...
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California Water Code Section 452
Any legislative committee to which such a preliminary document
or formal report has been assigned may submit written comments
thereon to the Governor
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California Water Code Section 453
The Governor or his designee shall transmit, within the time
period specified in the applicable federal law, to the appropriate
federal agency,...
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California Water Code Section 460
This chapter shall be known as and may be cited as the Water
Reuse Law of 1974.
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California Water Code Section 461
It is hereby declared that the primary interest of the people
of the state in the conservation of all available water resources
requires the maximum...
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California Water Code Section 462
The department shall conduct studies and investigations on the
availability and quality of wastewater and the uses of reclaimed
water for beneficial...
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California Water Code Section 463
The department shall study and investigate the technology of
the reuse of reclaimed water and further the development of the
technology of the...
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California Water Code Section 465
The department may assist local agencies and public utilities
providing water service in applying for, and in obtaining approval
of, federal and...
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California Water Code Section 470
This chapter shall be known as and may be cited as the
Costa-Isenberg Water Transfer Act of 1986.
|
California Water Code Section 475
The Legislature hereby finds and declares that voluntary water
transfers between water users can result in a more efficient use of
water, benefiting...
|
California Water Code Section 480
The department shall establish an ongoing program to
facilitate the voluntary exchange or transfer of water and implement
the various state laws that
|
California Water Code Section 481
The department shall create and maintain a list of entities
seeking to enter into water supply transfers, leases, exchanges, or
other similar...
|
California Water Code Section 482
The department shall prepare a water transfer guide which
shall include, but not be limited to, all of the following:
(a) A review of existing and
|
California Water Code Section 483
The department shall consult and coordinate its activities
with other state boards, departments, agencies, or offices whose
assistance may be...
|
California Water Code Section 484
(a) The temporary transfer of any water or water right that
otherwise would have been consumptively used or stored by the
transferor in the absence...
|
California Water Code Section 500
This chapter shall be known and may be cited as the Water
Measurement Law.
|
California Water Code Section 510
Unless the context otherwise requires, the provisions of this
article govern the construction of this chapter.
|
California Water Code Section 511
The definition of a word applies to any of its variants.
|
California Water Code Section 512
"Water purveyor" means any person who furnishes water service
to another person.
|
California Water Code Section 513
"Person" means any individual, firm, association, partnership,
corporation, or public entity of any kind.
|
California Water Code Section 514
"Public entity" includes a city, county, city and county,
whether general law or chartered, a district, board, commission,
bureau, authority, agency,
|
California Water Code Section 515
"Water service" means the sale, lease, rental, furnishing, or
delivery of water for beneficial use, and includes, but is not
limited to, contracting...
|
California Water Code Section 516
"Water meter" includes any suitable water measuring device or
facility which measures or determines the volumetric flow of water.
|
California Water Code Section 520
The Legislature hereby finds and declares that, pursuant to
the primary interest of the people of the state to put the limited
available supplies of...
|
California Water Code Section 521
The Legislature further finds and declares all of the
following:
(a) Water furnished or used without any method of determination of
the quantities
|
California Water Code Section 522
The Legislature further finds and declares that waste or
unreasonable use of water imposes unnecessary and wasteful
consumption of energy to deliver...
|
California Water Code Section 523
The Legislature hereby finds and declares that the California
goal for measurement of water use is the achievement by January 1,
1992, of the...
|
California Water Code Section 525
(a) Notwithstanding any other provision of law, every water
purveyor who sells, leases, rents, furnishes, or delivers water
service to any person...
|
California Water Code Section 526
(a) Notwithstanding any other provision of law, an urban water
supplier that, on or after January 1, 2004, receives water from the
federal Central...
|
California Water Code Section 527
(a) An urban water supplier that is not subject to Section 526
shall do both of the following:
(1) Install water meters on all municipal and...
|
California Water Code Section 528
Notwithstanding Sections 526 and 527, any water purveyor that
becomes an urban water supplier on or after January 1, 2005, shall do
both the...
|
California Water Code Section 529
(a) This article addresses a subject matter of statewide
concern.
(b) Subject to subdivision (c), this article supersedes and
preempts all...
|
California Water Code Section 529.5
On and after January 1, 2010, any urban water supplier that
applies for financial assistance from the state for a wastewater
treatment project, a...
|
California Water Code Section 529.7
This article does not limit the authority of a water
purveyor, including, but not limited to, an urban water supplier that
promotes conservation...
|
California Water Code Section 530
Domestic cold water meters shall be in compliance with
relevant standards of the American Water Works Association and shall
be of the type approved...
|
California Water Code Section 531
Unless the context otherwise requires, the definitions set
forth in this section govern the construction of this article.
(a) "Aggregated...
|
California Water Code Section 531.2
The department, the board, and the State Department of
Public Health shall coordinate the collection, management, and use of
agricultural and urban...
|
California Water Code Section 531.5
(a) The board, in collaboration with the department, the
authority or its successor agency, and the State Department of Public
Health, shall prepare...
|
California Water Code Section 531.10
(a) An agricultural water supplier shall submit an annual
report to the department that summarizes aggregated farm-gate
delivery data, on a monthly...
|
California Water Code Section 531.15
Notwithstanding any other provision of the law, state
agencies shall carry out the duties described in this article only to
the extent that funds are
|
California Water Code Section 531.20
To the extent that the provisions of this article conflict
with the requirements of Chapter 4800 of the State Administrative
Manual, the requirements
|
California Water Code Section 535
(a) A water purveyor shall require as a condition of new
retail water service on and after January 1, 2008, the installation
of separate water meters
|
California Water Code Section 540
Notwithstanding any other provision of law, a water district,
as defined in Section 20200, may serve as an aggregator to facilitate
direct...
|
California Water Code Section 1000
As used in this division, "water" includes the term "use of
water."
|
California Water Code Section 1001
Nothing in this division shall be construed as giving or
confirming any right, title, or interest to or in the corpus of any
water.
|
California Water Code Section 1002
This division shall not be held to bestow upon any person,
except as expressly provided in it, any right where no such right
existed prior to the...
|
California Water Code Section 1003
As used in this division, "Water Commission Act" means
Chapter 586, Statutes of 1913, as amended.
|
California Water Code Section 1004
As used in this division, "useful or beneficial purposes"
shall not be construed to mean the use in any one year of more than
21/2 acre-feet of water
|
California Water Code Section 1005
Nothing in this division shall be construed as depriving any
city, city and county, municipal water district, irrigation district,
or lighting...
|
California Water Code Section 1005.1
Cessation of or reduction in the extraction of ground water
by the owner of a right to extract, as the result of the use of an
alternate supply of...
|
California Water Code Section 1005.2
Cessation of or reduction in the extraction of ground
water, to permit the replenishment of such ground water by the use of
water from an alternate...
|
California Water Code Section 1005.3
During the pendency of an action to adjudicate
substantially all water rights in a ground water basin situated in
whole or in part within the...
|
California Water Code Section 1005.4
(a) Cessation of or reduction in the extraction of ground
water, to permit the replenishment of such ground water by the use of
water from an...
|
California Water Code Section 1006
Nothing in this division affects or limits in any manner
whatsoever the right or power of any municipality which, prior to
December 19, 1914, had...
|
California Water Code Section 1007
Nothing in this division shall be construed to deprive the
State or any city, city and county, municipal water district,
irrigation district,...
|
California Water Code Section 1008
Nothing in this division shall be construed as depriving any
person of the right of appeal conferred under the laws of this State.
|
California Water Code Section 1009
Any supplier of water in this state for municipal use,
including the state, or any city, county, city and county, district,
individual, partnership,...
|
California Water Code Section 1009.5
(a) A water district and the district attorney of any
county in which the water district is located may enter into an
agreement authorizing the...
|
California Water Code Section 1010
(a) (1) The cessation of, or reduction in, the use of water
under any existing right regardless of the basis of right, as the
result of the use of...
|
California Water Code Section 1011
(a) When any person entitled to the use of water under an
appropriative right fails to use all or any part of the water because
of water conservation
|
California Water Code Section 1011.5
(a) The Legislature hereby finds and declares that the
growing water needs of the state require the use of water in an
efficient manner and that the...
|
California Water Code Section 1012
Notwithstanding any other provision of law, where any person,
public agency, or agency of the United States undertakes any water
conservation effort,
|
California Water Code Section 1013
(a) The Imperial Irrigation District, acting under a contract
with the United States for diversion and use of Colorado River water
or pursuant to the
|
California Water Code Section 1014
The transfer of water, or the offer of water for transfer,
shall not cause, or be the basis for, a forfeiture, abandonment, or
modification of any...
|
California Water Code Section 1015
During the term of a temporary change, as defined in Section
1728, if an enforcement action or other proceeding is commenced that
alleges that the...
|
California Water Code Section 1016
(a) At the conclusion of the term of a water transfer
agreement, all rights in, and the use of, the water subject to the
agreement revert back to the
|
California Water Code Section 1017
The beneficial use of water pursuant to a transfer or
exchange authorized pursuant to Chapter 6.6 (commencing with Section
1435) of, Chapter 10...
|
California Water Code Section 1020
Water may be leased for a period not to exceed five years to
assist water conservation efforts pursuant to the terms and
conditions of this chapter.
|
California Water Code Section 1021
(a) The water subject to a water lease agreement shall be
water that is subject to a water right of the lessor. The amount of
water leased shall not
|
California Water Code Section 1022
If the water subject to the lease is held by a water
district, a water company, or a mutual water company, hereafter
collectively referred to as the...
|
California Water Code Section 1024
(a) Nothing in this chapter authorizes the sale of any water
right or the modification of any water right or contract.
(b) No right in any water,...
|
California Water Code Section 1024.5
This chapter does not limit any review of the lessee's use
of the leased water.
|
California Water Code Section 1025
If the lessor or lessee is a water district, the water lessor
shall file a notice with the state board of the water lease
agreement and include in...
|
California Water Code Section 1025.5
(a) If both the lessor and lessee are private parties, the
lessor shall file an application with the board for approval of the
lease agreement and...
|
California Water Code Section 1025.7
Water leases pursuant to this chapter are not subject to
Chapter 10 (commencing with Section 1700) or Chapter 10.5 (commencing
with Section 1725) of...
|
California Water Code Section 1026
The lead agency shall not approve a water lease until 30 days
after the state board provides written public notice, including
notice by personal...
|
California Water Code Section 1027
(a) Any water lease agreement entered into pursuant to this
chapter involving the transfer of water from the Sacramento-San
Joaquin Delta shall...
|
California Water Code Section 1028
In any proceeding pursuant to Section 1029, the court shall
determine issues relating to the lease and the effects of the water
transfer pursuant to...
|
California Water Code Section 1029
Division 13 (commencing with Section 21000) of the Public
Resources Code applies to water lease agreements authorized by this
chapter. For purposes...
|
California Water Code Section 1030
During the term of the water lease, the state board shall
monitor the lease, as appropriate. The state board shall initiate
proceedings, if...
|
California Water Code Section 1031
A water lease pursuant to this chapter shall not take effect
until the first annual fee, set pursuant to Section 1525, is paid,
and the lease shall...
|
California Water Code Section 1050
This division is hereby declared to be in furtherance of the
policy contained in Section 2 of Article X of the California
Constitution and in all...
|
California Water Code Section 1051
The board for the purpose of this division may:
(a) Investigate all streams, stream systems, portions of stream
systems, lakes, or other bodies of
|
California Water Code Section 1051.5
In furtherance of its powers and duties under Parts 2
(commencing with Section 1200) and 3 (commencing with Section 2000)
of this division, the board
|
California Water Code Section 1052
(a) The diversion or use of water subject to this division
other than as authorized in this division is a trespass.
(b) Civil liability may be...
|
California Water Code Section 1053
A full and accurate record of business or acts performed or
of testimony taken by the board and the department in pursuance of
the provisions of this
|
California Water Code Section 1054
The board and the department may certify to all of their
official acts and may certify copies of all official documents and
orders filed in their...
|
California Water Code Section 1055
(a) The executive director of the board may issue a complaint
to any person or entity on which administrative civil liability may
be imposed pursuant
|
California Water Code Section 1055.2
No person or entity shall be subject to both civil
liability imposed under Section 1055 and civil liability imposed by
the superior court under...
|
California Water Code Section 1055.3
In determining the amount of civil liability, the board
shall take into consideration all relevant circumstances, including,
but not limited to, the...
|
California Water Code Section 1055.4
After the time for review under Chapter 4 (commencing with
Section 1120) has expired, the board may apply to the clerk of the
appropriate court for a
|
California Water Code Section 1056
The board and the department may fix reasonable charges for
publications issued under their respective authorities.
|
California Water Code Section 1057
All fees charged and collected under this chapter shall be
paid, at least once each month, accompanied by a detailed statement
thereof, into the...
|
California Water Code Section 1058
The board may make such reasonable rules and regulations as
it may from time to time deem advisable in carrying out its powers
and duties under this...
|
California Water Code Section 1058.5
(a) This section applies to any emergency regulation
adopted by the board for which the board makes both of the following
findings:
(1) The...
|
California Water Code Section 1059
The board and the department, as to matters under each of
their respective jurisdictions, may designate one or more of their
employees who shall have
|
California Water Code Section 1060
(a) All fees collected by the State Water Resources Control
Board or by a California regional water quality control board, and
deposited in the State
|
California Water Code Section 1062
(a) The Legislature finds and declares as follows:
(1) The watershed of the San Francisco Bay/Sacramento-San Joaquin
Delta Estuary supplies a...
|
California Water Code Section 1075
As used in this chapter, "proceeding" means any inquiry,
investigation, hearing, ascertainment, or other proceeding ordered or
undertaken by the...
|
California Water Code Section 1076
As used in this chapter, "evidence" means any paper, book,
map, account, or document.
|
California Water Code Section 1080
The board may administer oaths and issue subpenas for the
attendance and giving of testimony by witnesses and for the
production of evidence in any...
|
California Water Code Section 1081
Each witness who appears by order of the board shall receive
for his attendance the same fees and mileage allowed by law to
witnesses in civil cases,
|
California Water Code Section 1082
When any witness who has not been required to attend at the
request of any party is subpenaed by the board his fees and mileage
shall be paid from...
|
California Water Code Section 1083
Any witness subpenaed, except one whose fees and mileage are
payable from the funds of the board, may, at the time of service,
demand the fees to...
|
California Water Code Section 1084
If the witness demands the fees to which he is entitled at
the time of service and they are not at that time paid or tendered he
shall not be...
|
California Water Code Section 1085
All fees and mileage to which any witness is entitled under
the provisions of this chapter may be collected by action therefor
instituted by the...
|
California Water Code Section 1086
No witness shall be compelled to attend as a witness before
the board under this division out of the county in which he resides,
unless the distance...
|
California Water Code Section 1090
The superior court of the county in which any proceeding is
held by the board may compel the attendance and giving of testimony
by witnesses and the...
|
California Water Code Section 1091
In case of the refusal of any witness to attend or testify or
produce any evidence required by a subpena issued by it, the board
may report by...
|
California Water Code Section 1092
The petition shall set forth the following:
(a) That due notice has been given of the time and place of
attendance of the witness or for the...
|
California Water Code Section 1093
The petition shall ask an order of court compelling the
witness to attend, testify, and produce the evidence before the
board.
|
California Water Code Section 1094
The court, upon the petition of the board, shall enter an
order directing the witness to appear before the court at a time and
place fixed by the...
|
California Water Code Section 1095
A copy of the order and of the petition shall be served upon
the witness.
|
California Water Code Section 1096
If it appears to the court that the subpena was regularly
issued, the court shall thereupon enter an order that the witness
appear before the board...
|
California Water Code Section 1097
Upon failure to obey the order the witness shall be dealt
with as for contempt of court.
|
California Water Code Section 1100
The board or any party to a proceeding before it may, in any
investigation or hearing, cause the deposition of witnesses residing
within or without...
|
California Water Code Section 1105
(a) Except as provided in subdivision (c), no person shall be
excused from testifying or from producing any evidence in any
investigation or inquiry...
|
California Water Code Section 1106
No person who is granted immunity under subdivision (b) of
Section 1105 shall be criminally prosecuted or be subjected to any
criminal penalty for or
|
California Water Code Section 1120
This chapter applies to any decision or order issued under
this part or Section 275, Part 2 (commencing with Section 1200), Part
2 (commencing with...
|
California Water Code Section 1121
The board shall serve a copy of a decision or order on the
parties by personal delivery or registered mail.
|
California Water Code Section 1122
The board may order a reconsideration of all or part of a
decision or order on the board's own motion or on the filing of a
petition of any...
|
California Water Code Section 1123
The decision or order may be reconsidered by the board on all
the pertinent parts of the record and such argument as may be
permitted, or a further...
|
California Water Code Section 1124
The board at any time may amend or modify a decision or order
to correct any obvious typographical or clerical error or oversight
without the...
|
California Water Code Section 1126
(a) It is the intent of the Legislature that all issues
relating to state water law decided by the board be reviewed in state
courts, if a party...
|
California Water Code Section 1126.2
The provisions of Assembly Bill 3036 of the 1995-96 Regular
Session, which, among other things, added this chapter, do not apply
to any proceeding...
|
California Water Code Section 1200
Whenever the terms stream, lake or other body of water, or
water occurs in relation to applications to appropriate water or
permits or licenses...
|
California Water Code Section 1201
All water flowing in any natural channel, excepting so far as
it has been or is being applied to useful and beneficial purposes
upon, or in so far as
|
California Water Code Section 1202
The following are hereby declared to constitute
unappropriated water:
(a) All water which has never been appropriated.
(b) All water...
|
California Water Code Section 1203
Any water the right to the use of which is held by any
municipality which is in excess of the existing municipal needs
therefor may be appropriated...
|
California Water Code Section 1205
(a) Following notice and hearing, the board may adopt a
declaration that a stream system is fully appropriated. As used in
this article, "stream...
|
California Water Code Section 1206
(a) From and after the date of adoption of a declaration that
a stream system is fully appropriated, and subject to subdivision
(b), the board shall...
|
California Water Code Section 1207
Notice of hearing pursuant to this article shall be given as
follows:
(a) The notice shall be published at least once a week for four
consecutive...
|
California Water Code Section 1203
Any water the right to the use of which is held by any
municipality which is in excess of the existing municipal needs
therefor may be appropriated...
|
California Water Code Section 1210
The owner of a waste water treatment plant operated for the
purpose of treating wastes from a sanitary sewer system shall hold
the exclusive right to
|
California Water Code Section 1211
(a) Prior to making any change in the point of discharge,
place of use, or purpose of use of treated wastewater, the owner of
any wastewater...
|
California Water Code Section 1212
The board shall not grant any permit or license to any person
other than the treated waste water producer for the appropriation of
treated waste...
|
California Water Code Section 1215
This article shall only apply to a water supplier exporting
or intending to export water for use outside a protected area
pursuant to applications to
|
California Water Code Section 1215.5
(a) For the purposes of this article, "protected area",
means all of lands which normally drain to the ocean, to a hydraulic
sink, or to another...
|
California Water Code Section 1215.6
For the purposes of this article, "water user or users"
within a protected area means an appropriator or appropriators, a
riparian user or users, or...
|
California Water Code Section 1216
A protected area shall not be deprived directly or indirectly
of the prior right to all the water reasonably required to
adequately supply the...
|
California Water Code Section 1217
(a) In addition to the right to obtain a water right which
would have priority over the rights of an exporter, water users in a
protected area shall...
|
California Water Code Section 1218
Upon the request of an applicant for a permit to appropriate
water for use outside a protected area, a county of origin shall
cooperate with the...
|
California Water Code Section 1219
A water supplier exporting or intending to export water
outside a protected area, or a water user or users within a protected
area, may declare that...
|
California Water Code Section 1219.5
The provisions of this article shall not require any water
supplier exporting or intending to export water for use outside a
protected area to...
|
California Water Code Section 1220
(a) No groundwater shall be pumped for export from within the
combined Sacramento and Delta-Central Sierra Basins, as defined in
the Department of...
|
California Water Code Section 1221
This article shall not be construed to authorize the board to
regulate groundwater in any manner.
|
California Water Code Section 1222
Nothing in this article shall be deemed to diminish the
rights and protections to watersheds of origin contained in existing
law including, but not...
|
California Water Code Section 1225
Except as provided in Article 2.5 (commencing with Section
1226) of this chapter, no right to appropriate or use water subject
to appropriation shall
|
California Water Code Section 1226
The Legislature finds and declares that it is necessary and
beneficial to the state to clear up many heretofore uncertain
conditions of water rights...
|
California Water Code Section 1226.1
The owner of any dam or other water impoundment structure
constructed prior to January 1, 1969, the capacity of which is not in
excess of 10...
|
California Water Code Section 1226.2
(a) Any person who has a valid water right pursuant to
Section 1226.1, who files a claim of water right with the board on or
before December 31,...
|
California Water Code Section 1226.3
Each claim of water right shall be accompanied by a fee
which shall be in an amount determined by the board to cover the
reasonable administrative...
|
California Water Code Section 1226.4
The board may, after notice and hearing, revoke any
certificate of a water right granted pursuant to this article upon a
finding that the water has...
|
California Water Code Section 1227
The Legislature finds and declares that it is in the public
interest to provide a priority of right to appropriate water for
various beneficial water
|
California Water Code Section 1227.1
(a) To obtain the priority of right set forth in Section
1227, any agency of the United States shall submit to the board, on
or before July 1, 1984,...
|
California Water Code Section 1227.2
(a) Subject to subdivisions (b) and (c), any use for which
a statement is submitted to the board pursuant to Section 1227.1 has
a priority for the...
|
California Water Code Section 1227.3
This article does not apply to uses involving the
appropriation of water by any person, including any agency of the
United States, pursuant to the...
|
California Water Code Section 1227.4
The board may, after following procedures set forth in
Sections 1675 to 1675.2, inclusive, revoke any water right
determined pursuant to this...
|
California Water Code Section 1228
This article shall be known and may be cited as the Water
Rights Permitting Reform Act of 1988.
|
California Water Code Section 1228.1
(a) The Legislature finds and declares that it is in the
public interest to provide a timely, efficient, and economic
procedure for the acquisition...
|
California Water Code Section 1228.2
(a) (1) Subject to subdivision (b), any person may obtain a
right to appropriate water for a small domestic or livestock
stockpond use upon first...
|
California Water Code Section 1228.3
(a) Registration of water use pursuant to this article
shall be made upon a form prescribed by the board. The registration
form shall set forth all...
|
California Water Code Section 1228.4
(a) Any completed registration of water use gives to the
registrant a priority of right as of the date of completed
registration to take and use the...
|
California Water Code Section 1228.5
(a) Registration of a small domestic or livestock stockpond
use pursuant to this article shall be renewed prior to the
expiration of each five-year...
|
California Water Code Section 1228.6
(a) The board shall establish, and may from time to time
revise, reasonable general conditions to which all appropriations
made pursuant to this...
|
California Water Code Section 1228.7
(a) Any registrant may change the point of diversion or
place of use by delivering to the board an amended registration form
in accordance with...
|
California Water Code Section 1228.9
With regard to a small domestic use of water, no right to
appropriate or use water subject to appropriation may be initiated on
and after January 1,...
|
California Water Code Section 1229.1
This article does not apply to those stream segments for
which the Director of Fish and Game establishes proposed streamflow
requirements pursuant to
|
California Water Code Section 1230
Upon any stream flowing across the State boundary, an
appropriation of water in this State for beneficial use in another
State may be made only when,
|
California Water Code Section 1231
Upon any stream flowing across the state boundary a right of
appropriation having the point of diversion and the place of use in
another state and...
|
California Water Code Section 1232
(a) Except as provided in subdivision (b), nothing in this
article applies to interstate lakes, or streams flowing in or out of
those lakes.
(b)...
|
California Water Code Section 1240
The appropriation must be for some useful or beneficial
purpose, and when the appropriator or his successor in interest
ceases to use it for such a...
|
California Water Code Section 1241
When the person entitled to the use of water fails to use
beneficially all or any part of the water claimed by him, for which a
right of use has...
|
California Water Code Section 1241.5
The laws of this State with respect to loss of water rights
by nonuse, abandonment, prescription, and lack of diligence shall
not apply to water...
|
California Water Code Section 1241.6
When water appropriated for irrigation purposes is not used
by reason of compliance with crop control or soil conservation
contracts with the United...
|
California Water Code Section 1242
The storing of water underground, including the diversion of
streams and the flowing of water on lands necessary to the
accomplishment of such...
|
California Water Code Section 1242.5
The board, subject to the provisions of Section 100 and
whenever it is in the public interest, may approve appropriation by
storage of water to be...
|
California Water Code Section 1243
The use of water for recreation and preservation and
enhancement of fish and wildlife resources is a beneficial use of
water. In determining the...
|
California Water Code Section 1243.5
In determining the amount of water available for
appropriation, the board shall take into account, whenever it is in
the public interest, the amounts
|
California Water Code Section 1244
The sale, lease, exchange, or transfer of water or water
rights, in itself, shall not constitute evidence of waste or
unreasonable use, unreasonable...
|
California Water Code Section 1245
Every municipal corporation of this State, and every person,
firm or corporation engaged in supplying water to any municipal
corporations for...
|
California Water Code Section 1246
For the purpose of ascertaining the amount of any damage
claimed to have been suffered or sustained by reason of any of the
acts or things mentioned...
|
California Water Code Section 1247
Nothing in this article shall confer the right to recover
damages resulting directly or indirectly by reason of the
construction, operation or...
|
California Water Code Section 1248
This article shall be liberally construed.
|
California Water Code Section 1250
The board shall consider and act upon all applications for
permits to appropriate water and shall do all things required or
proper relating to such...
|
California Water Code Section 1250.5
The board shall consider and act upon all applications for
permits to appropriate water which propose, as a primary purpose of
the application, the...
|
California Water Code Section 1251
The board shall make such investigations of the water
resources of the State as may be necessary for the purpose of
securing information needed in...
|
California Water Code Section 1252
Any person may apply for and secure from the board, in
conformity with this part and in conformity with reasonable rules and
regulations adopted from
|
California Water Code Section 1252.1
An appropriation of water of any stream or other source of
water under this part does not confer authority upon the appropriator
to prevent or...
|
California Water Code Section 1252.5
All rights and privileges conferred by this part upon any
person in relation to the appropriation of water are likewise
conferred upon the United...
|
California Water Code Section 1253
The board shall allow the appropriation for beneficial
purposes of unappropriated water under such terms and conditions as
in its judgment will best...
|
California Water Code Section 1254
In acting upon applications to appropriate water the board
shall be guided by the policy that domestic use is the highest use
and irrigation is the...
|
California Water Code Section 1255
The board shall reject an application when in its judgment
the proposed appropriation would not best conserve the public
interest.
|
California Water Code Section 1256
In determining public interest under Sections 1253 and 1255,
the board shall give consideration to any general or co-ordinated
plan looking toward...
|
California Water Code Section 1257
In acting upon application to appropriate water, the board
shall consider the relative benefit to be derived from (1) all
beneficial uses of the...
|
California Water Code Section 1257.5
The board, in acting on applications to appropriate water,
shall consider streamflow requirements proposed for fish and wildlife
purposes pursuant to
|
California Water Code Section 1258
In acting upon applications to appropriate water, the board
shall consider water quality control plans which have been
established pursuant to...
|
California Water Code Section 1259
In acting upon applications to appropriate water, the board
shall consider the state goal of providing a decent home and suitable
living environment...
|
California Water Code Section 1259.2
(a) The board shall annually prepare a written summary, in
chart form, of pending applications to appropriate water in the
Counties of Marin, Napa,...
|
California Water Code Section 1259.4
(a) (1) On or before January 1, 2008, the board shall adopt
principles and guidelines for maintaining instream flows in coastal
streams from the...
|
California Water Code Section 1260
Every application for a permit to appropriate water shall set
forth all of the following:
(a) The name and post office address of the applicant.
|
California Water Code Section 1261
All applications shall be accompanied by as many copies of
such maps, drawings, and other data as may be prescribed or required
by the board, and...
|
California Water Code Section 1262
If for agricultural purposes the application shall give the
legal subdivisions of the land and the acreage to be irrigated, as
near as may be.
|
California Water Code Section 1263
If for power purposes the application shall state the nature
of the works by means of which the power is to be developed, the head
and amount of...
|
California Water Code Section 1264
If for municipal water supply the application shall state the
present population to be served, and, as near as may be, the future
requirements of the
|
California Water Code Section 1265
If for mining purposes the application shall state the nature
and location of the mines to be served and the methods of supplying
and utilizing the...
|
California Water Code Section 1266
If for storage in a reservoir the application shall state the
height of dam, the capacity of reservoir, and the use to be made of
the impounded...
|
California Water Code Section 1270
A defective application made in a bona fide attempt to
conform to the rules and regulations of the board and to the law
secures to the applicant a...
|
California Water Code Section 1271
If, within the period provided, the applicant does not file
an amended and perfected application, the application shall be
rejected and canceled,...
|
California Water Code Section 1275
After an application has been perfected, the board may
request additional information reasonably necessary to clarify,
amplify, correct, or otherwise
|
California Water Code Section 1276
If, within the period provided, the applicant does not
provide the information requested under Section 1275, the application
shall be canceled,...
|
California Water Code Section 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
|
California Water Code Section 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
|
California Water Code Section 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...
|
California Water Code Section 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...
|
California Water Code Section 1304
The notice shall contain appropriate general information as
to what protests against the approval of the application shall
contain in order to accord
|
California Water Code Section 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...
|
California Water Code Section 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.
|
California Water Code Section 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
|
California Water Code Section 1313
In case there is no newspaper published within the
appropriate county publication shall be made in a newspaper having a
general circulation within...
|
California Water Code Section 1315
Proof of publication shall be filed by the applicant within
60 days from the date of issuance of the notice.
|
California Water Code Section 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...
|
California Water Code Section 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...
|
California Water Code Section 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...
|
California Water Code Section 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...
|
California Water Code Section 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...
|
California Water Code Section 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...
|
California Water Code Section 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...
|
California Water Code Section 1330
Any person interested may, within the time allowed in the
notice of application or within such further time as may, for good
cause shown, be allowed...
|
California Water Code Section 1331
The protest shall meet all of the following requirements:
(a) State the name and address of the protestant.
(b) Be signed by the protestant, or
|
California Water Code Section 1332
The board may request from the protestant additional
information reasonably necessary to clarify, amplify, correct, or
otherwise supplement the...
|
California Water Code Section 1333
The protestant and the applicant shall make a good faith
effort to resolve the protest within 180 days from the date on which
the period provided...
|
California Water Code Section 1334
The board may request from the protestant or the applicant
additional information that the board determines is reasonably
necessary to attempt to...
|
California Water Code Section 1335
(a) The board may cancel a protest or application for failure
to provide information requested by the board under this article
within the period...
|
California Water Code Section 1340
Notice of hearing on a protested application shall be given
by mailing notice not less than 20 days before the date of hearing to
both the applicant...
|
California Water Code Section 1341
The notice of hearing on a protested application shall state
the names of the applicant and protestant, the time and place fixed
for the hearing, and
|
California Water Code Section 1342
If a hearing is held on an unprotested application, notice of
hearing shall be given by mailing notice not less than 20 days
before the date of...
|
California Water Code Section 1345
The Division of Water Rights shall conduct a field
investigation of all minor protested applications. The board shall
notify the parties of the...
|
California Water Code Section 1346
The Division of Water Rights may request the parties to
submit information in support of their positions. The Division of
Water Rights may request...
|
California Water Code Section 1347
Based upon the field investigation and any other information
obtained under this article, the Division of Water Rights shall issue
a decision unless...
|
California Water Code Section 1348
For purposes of this article, a minor application shall mean
any application which does not involve direct diversions in excess of
three cubic-feet...
|
California Water Code Section 1350
The board may grant, or refuse to grant a permit and may
reject any application, after hearing.
|
California Water Code Section 1351
No hearing is necessary in order to issue a permit upon an
unprotested application, or if undisputed facts support the issuance
of the permit and...
|
California Water Code Section 1352
Upon failure of any party in interest to appear at a hearing
or show good cause within five days thereafter for his failure, final
action may be...
|
California Water Code Section 1353
In the conduct of hearings technical rules of evidence need
not be applied.
|
California Water Code Section 1375
As prerequisite to the issuance of a permit to appropriate
water the following facts must exist:
(a) There must be an applicant.
(b) The...
|
California Water Code Section 1380
Upon the approval of an application the board shall issue a
permit.
|
California Water Code Section 1381
The issuance of a permit gives the right to take and use
water only to the extent and for the purpose allowed in the permit.
|
California Water Code Section 1382
All permits shall be under the terms and conditions of this
division.
|
California Water Code Section 1390
A permit shall be effective for such time as the water
actually appropriated under it is used for a useful and beneficial
purpose in conformity with...
|
California Water Code Section 1391
Every permit shall include the enumeration of conditions
therein which in substance shall include all of the provisons of this
article and the...
|
California Water Code Section 1392
Every permittee, if he accepts a permit, does so under the
conditions precedent that no value whatsoever in excess of the actual
amount paid to the...
|
California Water Code Section 1393
The board shall include as a condition in any permit under
which a reservoir with an impounding capacity of 50 acre-feet or more
is to be...
|
California Water Code Section 1394
(a) The board may reserve jurisdiction, in whole or in part,
to amend, revise, supplement, or delete terms and conditions in a
permit under either of
|
California Water Code Section 1395
Actual construction work upon any project shall begin within
the time specified in the permit, which time shall not be less than
60 days from the...
|
California Water Code Section 1396
The construction of the work thereafter and the utilization
of water for beneficial purposes shall be prosecuted with due
diligence in accordance...
|
California Water Code Section 1397
The work shall be completed and the water applied to
beneficial use in accordance with this division, the rules and
regulations of the board, and the
|
California Water Code Section 1398
(a) The period specified in the permit for beginning
construction work, for completion of construction work, for
application of the water to...
|
California Water Code Section 1410
(a) There shall be cause for revocation of a permit if the
work is not commenced, prosecuted with due diligence, and completed
or the water applied...
|
California Water Code Section 1410.1
The notice of proposed revocation of the permit pursuant to
paragraph (2) of subdivision (b) of Section 1410 shall contain a
statement of facts and...
|
California Water Code Section 1410.2
In any case when a permit is revoked without a hearing, as
provided in Section 1410.1, the permittee, within 90 days of the date
of the order of...
|
California Water Code Section 1425
(a) Any person, whether or not an applicant, permittee, or
licensee under provisions of this division other than this chapter,
who has an urgent need
|
California Water Code Section 1426
The application for a temporary permit shall be completed in
accordance with the provisions of Section 1260 and shall be
accompanied by such maps,...
|
California Water Code Section 1427
Before making the findings required by Section 1425, the
board shall review available records, files, and decisions which
relate to the availability...
|
California Water Code Section 1428
The board may issue a temporary permit in advance of the
notice required by this section. In all cases, whether or not a
temporary permit has been...
|
California Water Code Section 1429
The board shall supervise diversion and use of water under
the temporary permit for the protection of all lawful users of waters
and instream...
|
California Water Code Section 1430
Any temporary permit issued under this chapter shall not
result in creation of a vested right, even of a temporary nature, but
shall be subject at...
|
California Water Code Section 1431
A temporary permit issued under this chapter may be renewed
by the board. Requests for renewals shall be processed in the manner
provided by this...
|
California Water Code Section 1435
(a) Any permittee or licensee who has an urgent need to
change a point of diversion, place of use, or purpose of use from
that specified in the...
|
California Water Code Section 1436
The petition for a temporary change order shall be completed
in accordance with the rules of the board, and the petitioner shall
pay the fee required
|
California Water Code Section 1437
Before making the findings required by Section 1435, the
board shall review available records, files, and decisions which
relate to the rights of...
|
California Water Code Section 1438
(a) The board may issue a temporary change order in advance
of the notice required by this section. In all cases, whether or not
a temporary change...
|
California Water Code Section 1439
The board shall supervise diversion and use of water under
the temporary change order for the protection of all other lawful
users of water and...
|
California Water Code Section 1440
Any temporary change order issued under this chapter shall
not result in creation of a vested right, even of a temporary nature,
but shall be subject
|
California Water Code Section 1441
A temporary change order issued under this chapter may be
renewed by the board. Requests for renewal shall be processed in the
manner provided by...
|
California Water Code Section 1442
This chapter shall not apply to any permittee or licensee
petitioning for a temporary change pursuant to Chapter 10.5
(commencing with Section 1725).
|
California Water Code Section 1450
Any application properly made gives to the applicant a
priority of right as of the date of the application until such
application is approved or...
|
California Water Code Section 1455
The issuance of a permit continues in effect the priority of
right as of the date of the application and gives the right to take
and use the amount...
|
California Water Code Section 1460
The application for a permit by a municipality for the use of
water for the municipality or the inhabitants thereof for domestic
purposes shall be...
|
California Water Code Section 1461
The application for, or the granting of, a permit to any
municipality to appropriate water does not authorize the
appropriation of any water for...
|
California Water Code Section 1462
Where permission to appropriate is granted to any
municipality for any quantity of water in excess of the existing
municipal needs therefor, the...
|
California Water Code Section 1463
When the municipality desires to use the additional water
granted in its application it may do so upon making just compensation
for the facilities...
|
California Water Code Section 1464
In lieu of the granting of such temporary permits for
appropriation, the board may authorize the municipality to become as
to such surplus a public...
|
California Water Code Section 1475
In any case where a reservoir has been or shall hereafter
under the provisions of this division be constructed, or surveyed,
laid out, and proposed...
|
California Water Code Section 1480
An application by the Department of Water Resources, or an
application by the Department of Finance prior to July 5, 1956, in
aid of any general or...
|
California Water Code Section 1485
Any municipality, governmental agency, or political
subdivision operating waste disposal plants producing disposal water
meeting the requirements of...
|
California Water Code Section 1490
Applications or petitions for retrofit hydroelectric plants
at existing dams, canals, or conduits where the streamflow regime
will not be changed and
|
California Water Code Section 1491
Applications for hydroelectric powerplants with a generating
capacity not to exceed five megawatts, which do not impound water
during times of high...
|
California Water Code Section 1525
(a) Each person or entity who holds a permit or license to
appropriate water, and each lessor of water leased under Chapter 1.5
(commencing with...
|
California Water Code Section 1528
Each person or entity who files a proof of claim under
Article 4 (commencing with Section 2575) of Chapter 3 of Part 3 shall
pay a fee according to a
|
California Water Code Section 1529
Each person or entity who files a notice pursuant to Part 5
(commencing with Section 4999) shall pay an annual fee according to a
fee schedule...
|
California Water Code Section 1530
(a) The board shall adopt, by emergency regulation, the
schedules of fees authorized under this article. The emergency
regulation may include...
|
California Water Code Section 1535
(a) Any fee subject to this chapter that is required in
connection with the filing of an application, registration, request
or proof of claim, other...
|
California Water Code Section 1536
All annual fees, other than the initial filing fee required
in connection with the filing of an application, registration,
petition, or request, or...
|
California Water Code Section 1537
(a) The State Board of Equalization shall collect any fee or
expense required to be paid to the State Board of Equalization under
this chapter.
...
|
California Water Code Section 1538
In any proceeding pursuant to Section 1052 in which it is
determined that there has been a violation of the prohibition against
the unauthorized...
|
California Water Code Section 1539
If a permit or license holder fails to pay an annual fee
imposed pursuant to subdivision (a) of Section 1525 for a period of
five years, the board...
|
California Water Code Section 1540
If the board determines that the person or entity on whom a
fee or expense is imposed will not pay the fee or expense based on
the fact that the fee...
|
California Water Code Section 1541
This article applies to any fee established or required to be
paid under Article 1 (commencing with Section 1525), to any fee or
expense set to cover
|
California Water Code Section 1550
There is in the State Treasury a Water Rights Fund, which is
hereby established.
|
California Water Code Section 1551
All of the following shall be deposited in the Water Rights
Fund:
(a) All fees, expenses, and penalties collected by the board or
the State Board...
|
California Water Code Section 1552
The money in the Water Rights Fund is available for
expenditure, upon appropriation by the Legislature, for the following
purposes:
(a) For...
|
California Water Code Section 1560
(a) The fees and expenses established under this chapter and
Part 3 (commencing with Section 2000) apply to the United States and
to Indian tribes,...
|
California Water Code Section 1600
Immediately upon completion of the construction of works and
application of the water to beneficial use the permittee shall report
the completion to...
|
California Water Code Section 1605
The board shall as soon as practicable after receiving the
report of completion cause to be made a full inspection and
examination of the works...
|
California Water Code Section 1610
If the determination of the board as to completion is
favorable to the permittee, the board shall issue a license which
confirms the right to the...
|
California Water Code Section 1610.5
Before issuing a license for an amount of water or season
of use less than that specified in the permit, the board shall either
obtain the consent of
|
California Water Code Section 1611
If the board determines that the construction and condition
of the works or the use of water therefrom are not in conformity with
the law, the rules...
|
California Water Code Section 1625
Each license shall be in such form and contain such terms as
may be prescribed by the board.
|
California Water Code Section 1626
All licenses shall be under the terms and conditions of this
division.
|
California Water Code Section 1627
A license shall be effective for such time as the water
actually appropriated under it is used for a useful and beneficial
purpose in conformity with
|
California Water Code Section 1628
Every license shall include the enumeration of conditions
therein which in substance shall include all of the provisions of
this article and the...
|
California Water Code Section 1629
Every licensee, if he accepts a license, does so under the
conditions precedent that no value whatsoever in excess of the actual
amount paid to the...
|
California Water Code Section 1630
At any time after the expiration of twenty years after the
granting of a license, the State or any city, city and county,
municipal water district,...
|
California Water Code Section 1631
In the event that the State, or any city, city and county,
municipal water district, irrigation district, lighting district, or
political subdivision
|
California Water Code Section 1650
A true copy of each license issued or of each order modifying
or changing a license shall within 30 days after issuance thereof be
recorded by the...
|
California Water Code Section 1651
Whenever an order revoking a license in whole or in part
becomes final a true copy of the order shall be recorded promptly by
the board in the office
|
California Water Code Section 1627
A license shall be effective for such time as the water
actually appropriated under it is used for a useful and beneficial
purpose in conformity with
|
California Water Code Section 1628
Every license shall include the enumeration of conditions
therein which in substance shall include all of the provisions of
this article and the...
|
California Water Code Section 1629
Every licensee, if he accepts a license, does so under the
conditions precedent that no value whatsoever in excess of the actual
amount paid to the...
|
California Water Code Section 1630
At any time after the expiration of twenty years after the
granting of a license, the State or any city, city and county,
municipal water district,...
|
California Water Code Section 1631
In the event that the State, or any city, city and county,
municipal water district, irrigation district, lighting district, or
political subdivision
|
California Water Code Section 1675
If at any time after a license is issued, the board finds
that the licensee has not put the water granted under the license to
a useful or beneficial
|
California Water Code Section 1675.1
The notice of proposed revocation of the license pursuant
to Section 1675 shall contain a statement of facts and information
upon which the proposed...
|
California Water Code Section 1675.2
In any case when a license is revoked without a hearing, as
provided in Section 1675.1, the licensee, within 90 days of the date
of the order of...
|
California Water Code Section 1700
Water appropriated under the Water Commission Act or this
code for one specific purpose shall not be deemed to be appropriated
for any other or...
|
California Water Code Section 1701
At any time after notice of an application is given, an
applicant, permittee, or licensee may change the point of diversion,
place of use, or purpose
|
California Water Code Section 1701.1
A petition for change filed after notice of an application
shall meet all of the following requirements:
(a) State the name and address of the...
|
California Water Code Section 1701.2
A petition for change in a permit or license shall meet all
of the following requirements:
(a) State the name and address of the petitioner.
...
|
California Water Code Section 1701.3
(a) After a petition is filed, the board may request
additional information reasonably necessary to clarify, amplify,
correct, or otherwise...
|
California Water Code Section 1701.4
If, within the period provided, the petitioner does not
provide the information requested pursuant to Section 1701.3, the
board shall cancel the...
|
California Water Code Section 1702
Before permission to make such a change is granted the
petitioner shall establish, to the satisfaction of the board, and it
shall find, that the...
|
California Water Code Section 1703
After filing a petition for permission to make a change, the
petitioner, in case the board so requires, shall cause notice thereof
to be given or...
|
California Water Code Section 1703.1
Any interested person, within the time allowed in the
notice of petition, or within the time the board may allow for good
cause shown, may file with...
|
California Water Code Section 1703.2
The protest shall meet all of the following requirements:
(a) State the name and address of the protestant.
(b) Be signed by the protestant, or
|
California Water Code Section 1703.3
The board may request from the protestant additional
information reasonably necessary to clarify, amplify, correct, or
otherwise supplement the...
|
California Water Code Section 1703.4
The protestant and the petitioner shall make a good faith
effort to resolve the protest not later than 180 days from the date
the period provided...
|
California Water Code Section 1703.5
The board may request from the protestant or the petitioner
additional information that the board determines is reasonably
necessary to attempt to...
|
California Water Code Section 1703.6
(a) The board may cancel a protest or petition for failure
to provide information requested by the board under this article
within the period...
|
California Water Code Section 1704
(a) The board, after a hearing, may approve with conditions,
or deny, a petition.
(b) Notice of hearing shall be given by mailing the notice not...
|
California Water Code Section 1704.1
The Division of Water Rights shall conduct a field
investigation of all minor protested petitions for change. The
board shall notify the parties of
|
California Water Code Section 1704.2
The Division of Water Rights may request the parties to
submit information in support of their positions. The Division of
Water Rights may request...
|
California Water Code Section 1704.3
Based upon the field investigation and any other
information obtained under this chapter, the Division of Water Rights
shall issue an order acting on
|
California Water Code Section 1704.4
For purposes of this chapter, a minor petition for change
shall mean any petition which does not involve direct diversions in
excess of three...
|
California Water Code Section 1705
After the hearing the board shall grant or refuse, as the
facts warrant, permission to change the point of diversion, place of
use, or purpose of...
|
California Water Code Section 1706
The person entitled to the use of water by virtue of an
appropriation other than under the Water Commission Act or this code
may change the point of...
|
California Water Code Section 1707
(a) (1) Any person entitled to the use of water, whether
based upon an appropriative, riparian, or other right, may petition
the board pursuant to...
|
California Water Code Section 1725
A permittee or licensee may temporarily change the point of
diversion, place of use, or purpose of use due to a transfer or
exchange of water or...
|
California Water Code Section 1726
(a) (1) A permittee or licensee who proposes a temporary
change shall submit to the board a petition to change the terms of
the permit or license as...
|
California Water Code Section 1727
(a) The board shall review a petition for a temporary change
of water rights in accordance with this section.
(b) The board shall approve a...
|
California Water Code Section 1728
For the purposes of this article, a temporary change means
any change of point of diversion, place of use, or purpose of use
involving a transfer or...
|
California Water Code Section 1729
A proposed temporary change under this article shall be
exempt from the requirements of Division 13 (commencing with Section
21000) of the Public...
|
California Water Code Section 1731
Following the expiration of the temporary change period, all
rights shall automatically revert to the original holder of the right
without any action
|
California Water Code Section 1732
The petitioner shall not initiate or increase the use of
groundwater to replace surface water transferred pursuant to this
article, except in...
|
California Water Code Section 1735
The board may consider a petition for a long-term transfer of
water or water rights involving a change of point of diversion,
place of use, or...
|
California Water Code Section 1736
The board, after providing notice and opportunity for a
hearing, including, but not limited to, written notice to, and an
opportunity for review and...
|
California Water Code Section 1737
Following the expiration of the long-term transfer period,
all rights shall automatically revert to the original holders of the
right without any...
|
California Water Code Section 1740
Any water right determined under a court decree issued
pursuant to Chapter 3 (commencing with Section 2500) of Part 3, after
January 1, 1981, shall...
|
California Water Code Section 1745
As used in this article, the following terms have the
following meanings:
(a) "Person" includes a public agency.
(b) "Water supplier" means a...
|
California Water Code Section 1745.02
A water supplier may, for a consideration to be specified
in the contract, contract with persons entitled to service within the
supplier's service...
|
California Water Code Section 1745.03
Services performed under a contract entered into pursuant
to this chapter or Chapter 3.6 (commencing with Section 380) of
Division 1 which is offered
|
California Water Code Section 1745.04
A water supplier may contract with a state drought water
bank or with any other state or local water supplier or user inside
or outside the service...
|
California Water Code Section 1745.05
(a) Water stored by the water supplier and water made
available from either of the following sources may be transferred by
the water supplier...
|
California Water Code Section 1745.06
A water supplier may transfer water pursuant to Section
1745.04 whether or not the water proposed to be transferred is
surplus to the needs within...
|
California Water Code Section 1745.07
No transfer of water pursuant to this article or any other
provision of law shall cause a forfeiture, diminution, or impairment
of any water rights.
|
California Water Code Section 1745.08
This article is in addition to, and not a limitation on,
the authority of any public agency under any other provision of law,
including, but not...
|
California Water Code Section 1745.09
Nothing in this article does any of the following:
(a) Creates in any person a right to require any water supplier to
enter into a contract...
|
California Water Code Section 1745.10
A water user that transfers surface water pursuant to this
article may not replace that water with groundwater unless the
groundwater use is either...
|
California Water Code Section 1745.11
Nothing in this article prohibits the transfer of
previously recharged groundwater from an overdrafted groundwater
basin or the replacement of...
|
California Water Code Section 1750
As used in this chapter "works" includes dams, tunnels,
diversion works, ditches, and other works or constructions.
|
California Water Code Section 1751
As used in this chapter "power" includes electricity,
electrical power, and other power.
|
California Water Code Section 1752
The board shall determine the pro rata and other costs
provided for in this chapter.
|
California Water Code Section 1775
If at any time it appears to the board, after a hearing of
the persons interested and an investigation, that the full capacity
of the works built or...
|
California Water Code Section 1776
The board shall take into consideration the reasonable cost
of the original and new work, the good faith of the applicant, the
market for water or...
|
California Water Code Section 1777
The applicant shall be required to pay to the person owning
the works a pro rata portion of the total cost of the old and the new
works.
|
California Water Code Section 1778
If the water is used or to be used for irrigation or domestic
purposes, the pro rata portion of the cost shall be based upon the
proportion of the...
|
California Water Code Section 1779
If the water is used or to be used for the generation of
power, the pro rata portion of the cost shall be based upon the
relative amount of power...
|
California Water Code Section 1780
If a portion of the water is used or to be used for
irrigation and another portion is used or to be used for the
generation of power, the applicant...
|
California Water Code Section 1781
If any of the water is used or to be used for purposes other
than those specified in this article, the applicant shall pay to the
person owning the...
|
California Water Code Section 1782
The applicant shall also pay a proper pro rata share, based
as above provided in this article, of the cost of maintaining the
works, on and after...
|
California Water Code Section 1800
If it appears to the board that the full capacity of the
works built or constructed, or being built or constructed, under an
appropriation of water...
|
California Water Code Section 1801
The repairing, improving, adding to, supplementing, or
enlarging of works under this article, shall not materially interfere
with the proper use...
|
California Water Code Section 1810
Notwithstanding any other provision of law, neither the
state, nor any regional or local public agency may deny a bona fide
transferor of water the...
|
California Water Code Section 1811
As used in this article, the following terms shall have the
following meanings:
(a) "Bona fide transferor" means a person or public agency as...
|
California Water Code Section 1812
The state, regional, or local public agency owning the water
conveyance facility shall in a timely manner determine the following:
(a) The amount
|
California Water Code Section 1813
In making the determinations required by this article, the
respective public agency shall act in a reasonable manner consistent
with the requirements
|
California Water Code Section 1814
This article shall apply to only 70 percent of the unused
capacity.
|
California Water Code Section 1825
It is the intent of the Legislature that the state should
take vigorous action to enforce the terms and conditions of permits
licenses,...
|
California Water Code Section 1831
(a) When the board determines that any person is violating,
or threatening to violate, any requirement described in subdivision
(d), the board may...
|
California Water Code Section 1832
Cease and desist orders of the board shall be effective upon
the issuance thereof. The board may, after notice and opportunity
for hearing, upon its
|
California Water Code Section 1834
(a) In the event that a violation of a requirement described
in subdivision (d) of Section 1831 is occurring or threatening to
occur, the board shall
|
California Water Code Section 1835
As used in this chapter, "person" includes any city, county,
district, the state, or any department or agency thereof, and the
United States to the...
|
California Water Code Section 1836
Nothing in this chapter shall preclude the board from issuing
any order or taking any other action authorized pursuant to Sections
275 and 1052.
|
California Water Code Section 1845
(a) Upon the failure of any person to comply with a cease and
desist order issued by the board pursuant to this chapter, the
Attorney General, upon...
|
California Water Code Section 1850
Any factual or legal determinations made pursuant to a cease
and desist order shall be conclusive and shall preclude any party to
the order from...
|
California Water Code Section 1851
Nothing in this chapter shall be construed to limit or
abridge the right of any person to bring an action for equitable or
legal relief for harm...
|
California Water Code Section 2000
In any suit brought in any court of competent jurisdiction in
this State for determination of rights to water, the court may order
a reference to the
|
California Water Code Section 2001
In any suit brought in any court of competent jurisdiction in
this State for determination of rights to water, the court may refer
the suit to the...
|
California Water Code Section 2010
The board may base its report solely upon its own
investigations or in addition thereto may hold hearings and take
testimony.
|
California Water Code Section 2011
The report of the board as referee may contain such opinion
upon the law and the facts as it deems proper in view of the issues
submitted.
|
California Water Code Section 2012
The report shall set forth such findings of fact and
conclusions of law as may be required by the court's order of
reference.
|
California Water Code Section 2013
Before filing its report the board shall announce it in the
form of a draft.
|
California Water Code Section 2014
The board shall mail notice of the draft, together with a
copy of the draft, to the parties or their attorneys.
|
California Water Code Section 2015
Within 30 days after the date of the mailing of the draft, or
within such further time as the court may for good cause allow, any
party may file...
|
California Water Code Section 2016
After the objections have been considered by the board or a
hearing has been held thereon if deemed advisable by it, the board
shall file its report...
|
California Water Code Section 2017
The report of the board as referee is subject to review by
the court upon exceptions thereto filed with the clerk of the court
within 30 days after...
|
California Water Code Section 2018
No exception to the report shall be considered, except in the
court's discretion or for good cause shown, unless it appears that
the matter of the...
|
California Water Code Section 2019
The report filed by the board is prima facie evidence of the
physical facts therein found; but the court shall hear such evidence
as may be offered...
|
California Water Code Section 2020
(a) At any time after filing of the report by the board as
provided in Section 2016 the board, if it appears that underground
water is being pumped...
|
California Water Code Section 2021
Where a preliminary injunction has been granted pursuant to
Section 2020, the final judgment shall equitably compensate in
quantities of water for...
|
California Water Code Section 2040
In acting pursuant to this chapter the board shall not be
entitled to any fee for its services but shall be paid or reimbursed
the total expense...
|
California Water Code Section 2041
If the funds available for use by the board are inadequate to
permit it to advance the expense of a reference, or if in its
opinion the payment of...
|
California Water Code Section 2042
During the pendency of any reference, upon motion of the
board and upon a hearing by the court after at least 10 days' notice
to the parties, the...
|
California Water Code Section 2043
The total expense shall be equitably apportioned by the board
against the parties to the suit, and a statement thereof and of the
apportionment shall
|
California Water Code Section 2045
Upon application in writing by any party aggrieved within 30
days after the statement of final expense and its apportionment has
been mailed to the...
|
California Water Code Section 2046
Any party failing to object to the expense of a reference or
the apportionment thereof is conclusively deemed to have waived all
objection thereto.
|
California Water Code Section 2047
If no objection is filed with the court within the prescribed
period, the court upon ex parte application of the board shall enter
a judgment against
|
California Water Code Section 2048
Upon the hearing of objections to the expense or the
apportionment thereof the court shall determine the expense and its
apportionment as the court...
|
California Water Code Section 2075
In case suit is brought in a federal court for determination
of rights to water within, or partially within, this State, the board
may accept a...
|
California Water Code Section 2076
In acting under this chapter the board shall proceed
according to the rules of practice and procedure of the court or as
otherwise directed by the...
|
California Water Code Section 2100
After the department has submitted to the board
recommendations for the protection of the quality of ground water
pursuant to Section 12617.1 or...
|
California Water Code Section 2101
(a) Before filing or intervening in any such action the board
shall hold a public hearing on the necessity for restricting ground
water pumping or...
|
California Water Code Section 2102
As used in this article, "minor quantities of water" refers
to the extraction by any person of not to exceed 10 acre-feet of
ground water annually.
|
California Water Code Section 2500
As used in this chapter, "stream system" includes stream,
lake, or other body of water, and tributaries and contributory
sources, but does not...
|
California Water Code Section 2500.5
(a) As used in this chapter with respect to the Scott River
in Siskiyou County, "stream system" includes ground water supplies
which are...
|
California Water Code Section 2501
The board may determine, in the proceedings provided for in
this chapter, all rights to water of a stream system whether based
upon appropriation,...
|
California Water Code Section 2502
If the board finds that the use by any persons under claim of
right of only minor quantities of water, as defined in Section 2503,
would have no...
|
California Water Code Section 2503
As used in this chapter, "minor quantities of water" refers
to the diversion or extraction by any person of not to exceed 10
acre-feet of water...
|
California Water Code Section 2525
Upon petition signed by one or more claimants to water of
any stream system, requesting the determination of the rights of the
various claimants to...
|
California Water Code Section 2526
As soon as practicable after granting the petition the board
shall prepare and issue a notice setting forth the following:
(a) The facts of the...
|
California Water Code Section 2527
The notice shall be published at least once a week for four
consecutive weeks, commencing within 20 days of the date of issuance
of the notice, in...
|
California Water Code Section 2528
Whenever proceedings are instituted for the determination of
rights to water, it is the duty of all claimants interested therein
and having notice...
|
California Water Code Section 2529
(a) Within 60 days after the date by which claimants to
rights to the water of the stream system are required to notify the
board in writing of their
|
California Water Code Section 2550
As soon as practicable after granting the petition, the board
shall begin an investigation of the stream system, of the diversion
of water, of all...
|
California Water Code Section 2551
During the investigation the representatives of the board
shall, after 30 days' notice in writing to each person who has given
notice of intent to...
|
California Water Code Section 2552
Each claimant shall have available at the detailed field
investigation all pertinent information on the extent and nature of
the claimant's water use
|
California Water Code Section 2553
Immediately upon conclusion of the detailed field
investigation, the claimant or the claimant's representative shall be
provided, by registered mail,
|
California Water Code Section 2554
During the investigation of the stream system, the board
shall also conduct detailed field investigations of projects of all
water users known to the
|
California Water Code Section 2555
Water users not present during conduct of the detailed field
investigation and those not filing notice of intent shall, insofar as
they are known, be
|
California Water Code Section 2575
The proof of claim shall be filed with the board on the form
provided by the board and shall include all of the following:
(a) The name and post...
|
California Water Code Section 2576
Each claimant shall certify to the proof of claim statements
under oath or penalty of perjury.
|
California Water Code Section 2577
Any person not submitting a proof of claim to the board or to
representatives of the board by the conclusion of the investigation
shall be notified...
|
California Water Code Section 2600
After all field investigations have been completed and the
time for filing proofs of claims has expired, the board shall prepare
a report describing...
|
California Water Code Section 2601
The report shall note separately any material differences
between the claims and the factual determinations made by the
representatives of the board...
|
California Water Code Section 2602
The report shall include a map showing the stream system,
diversion points, conduits, areas of water use and the type of use,
owner's names, and such
|
California Water Code Section 2603
The report shall include a preliminary order of determination
determining and establishing the several rights to the water of the
stream system,...
|
California Water Code Section 2604
A copy of the report shall be sent by registered mail to each
claimant and to each person not filing a claim appearing in the
report as a water user.
|
California Water Code Section 2625
The notice shall also set a time and place reasonably
convenient to the claimants when and where the proofs of claim and
measurements and other data...
|
California Water Code Section 2626
A representative of the board shall be present at the time
and place designated in the notice, and shall permit, during the
period of inspection, any
|
California Water Code Section 2627
The period of inspection shall be concluded at least 30 days
prior to the expiration of the time allowed claimants for filing
objections to the...
|
California Water Code Section 2628
The objections shall be in writing and shall state with
reasonable certainty the grounds of the objection.
|
California Water Code Section 2650
Within 10 days after the close of the period for filing
objections, the board shall mail copies of the objections to the
claimant or water user...
|
California Water Code Section 2651
The board may adjourn hearings of objections from time to
time upon reasonable notice to all parties in interest.
|
California Water Code Section 2652
The costs of taking testimony at a hearing on an objection
shall be borne by the parties thereto as follows: each party shall
pay for the direct...
|
California Water Code Section 2653
One copy of the transcript of testimony taken at the hearing
shall be furnished to the board at the cost of the parties.
|
California Water Code Section 2700
As soon as practicable after the hearing of objections or the
expiration of the time for filing objections if no objections are
filed, the board...
|
California Water Code Section 2701
A notice of adoption of the order of determination and a copy
of the order shall be sent by registered mail to each claimant and
to each person whose
|
California Water Code Section 2702
(a) The board may order a reconsideration of all or part of
an order of determination on the board's own motion or on petition of
any party affected...
|
California Water Code Section 2750
As soon as practicable after adoption of the order of
determination, issuance of an order on reconsideration, or issuance
of an order denying...
|
California Water Code Section 2751
Upon the filing of the certified copy of the order of
determination and the evidence and transcript, the board shall
procure an order from the court...
|
California Water Code Section 2752
The clerk of the court shall immediately furnish the board
with a certified copy of the order setting the time for hearing.
|
California Water Code Section 2753
Upon receiving the certified copy of the order setting the
time for hearing, the board shall immediately mail a copy of the
order by registered mail...
|
California Water Code Section 2754
The board shall cause the order to be published at least once
a week for four consecutive weeks in some newspaper of general
circulation published in
|
California Water Code Section 2755
The board shall file with the clerk of the court proof of
service by registered mail and by publication.
|
California Water Code Section 2756
Service by registered mail and by publication shall be deemed
full and sufficient notice to all parties in interest of the date
and purpose of the...
|
California Water Code Section 2757
At least 10 days prior to the day set for hearing, each party
in interest who is aggrieved or dissatisfied with the order of
determination may file...
|
California Water Code Section 2758
The notice of exceptions shall state briefly the exceptions
taken, the reasons therefor, and the prayer for relief.
|
California Water Code Section 2759
A copy of each notice of exception shall be sent by
registered mail at least 10 days prior to the hearing to the board
and to each person who was an...
|
California Water Code Section 2760
The order of determination, the statements or claims of
claimants, and the exceptions made to the order of determination
constitute the pleadings.
|
California Water Code Section 2761
The court may allow such additional or amended pleadings as
may be necessary to a final determination of the proceeding.
|
California Water Code Section 2762
If no exceptions are filed, then on the day set for the
hearing, on motion of the board, the court shall enter a decree
affirming the order of...
|
California Water Code Section 2763
On the day set for hearing all parties in interest who have
filed notices of exceptions shall appear in person, or by counsel,
and the court shall...
|
California Water Code Section 2763.5
(a) No exception to the order of determination shall be
considered, except in the court's discretion for good cause shown,
unless the matter of the...
|
California Water Code Section 2764
All proceedings on the hearing shall be as nearly as may be
in accordance with the rules governing civil actions.
|
California Water Code Section 2765
Whenever in the judgment of the court the State is a
necessary party to the action, the court shall make an order to that
effect and thereupon a copy
|
California Water Code Section 2766
For further information on any subject in controversy the
court may employ one or more qualified persons to investigate and
report thereon under...
|
California Water Code Section 2767
The court may take additional evidence on any issue and may,
if necessary, refer the case for such further evidence to be taken by
the board as the...
|
California Water Code Section 2768
After the hearing, the court shall enter a decree determining
the right of all persons involved in the proceeding.
|
California Water Code Section 2769
The decree shall in every case declare as to the water right
adjudged to each party, the priority, amount, season of use, purpose
of use, point of...
|
California Water Code Section 2770
Upon the hearing the court may assess and adjudge against any
party such costs as it may deem just.
|
California Water Code Section 2771
Appeals from the decree may be taken by the board or any
party in interest, in the same manner and with the same effect as in
civil cases.
|
California Water Code Section 2772
A certified copy of the decree shall be prepared by the clerk
of the court, without charge, and filed for record in the office of
the county recorder
|
California Water Code Section 2773
The decree is conclusive as to the rights of all existing
claimants upon the stream system lawfully embraced in the
determination.
|
California Water Code Section 2774
When a decree has been entered, any claimant who has failed
to appear and submit proof of his claim as provided in this chapter
shall be barred and...
|
California Water Code Section 2780
Any claimant who, prior to entry of the order of
determination by the board, had no actual knowledge or notice of the
pendency of the proceedings...
|
California Water Code Section 2781
Upon filing his exception and proof of claim, the intervenor
shall make application to the court for an order prescribing the time
and manner of...
|
California Water Code Section 2782
After expiration of the time fixed by the court for filing
contests, the court shall proceed to hear and determine the exception
and proof of...
|
California Water Code Section 2783
The court may refer the matter for such further evidence to
be taken by the board as the court may direct, and may require a
further determination by
|
California Water Code Section 2801
All persons claiming rights under an incomplete
appropriation, when notified as provided in this chapter, shall
appear and submit their proofs of...
|
California Water Code Section 2802
In determining rights based on an incomplete appropriation
initiated according to law prior to December 19, 1914, and since
prosecuted with...
|
California Water Code Section 2803
The order of determination shall provide that within the time
prescribed for completion of the appropriation, or such further time
as the court may...
|
California Water Code Section 2806
The court shall have authority to thereafter hear and
determine proof offered as to the completion of any such right.
|
California Water Code Section 2807
Time for completion may be extended from time to time by the
court upon motion made prior to the expiration of the limit of time
fixed therefor.
|
California Water Code Section 2808
Notice of motion for an extension of time for completion
shall be filed not more than 90 days prior to the expiration of the
time limit.
|
California Water Code Section 2809
The clerk of the court shall post notice of hearing of the
motion at the courthouse where the hearing is to be held and at least
10 days prior to the
|
California Water Code Section 2810
The court may refer the matter of the motion to the board for
its report and recommendation thereon.
|
California Water Code Section 2811
Upon receipt of the report and recommendation of the board
or, if the board fails to file its report and recommendations within
90 days after the...
|
California Water Code Section 2812
In event of denial of a motion for the extension of time for
completion the applicant may within 10 days after notice by the clerk
of the denial,...
|
California Water Code Section 2813
Any claimant desiring to offer proof of completion shall file
a notice of intention to offer such proof with the clerk of the
court.
|
California Water Code Section 2814
The clerk shall post notice of the time for hearing the proof
at the courthouse where the hearing is to be held and at least 10
days prior to the...
|
California Water Code Section 2815
Upon submission of proof of completion after entry of the
decree of the court, the court shall enter a supplemental decree
determining the right...
|
California Water Code Section 2816
All persons claiming rights under incomplete appropriations
who fail to complete their appropriations within the limit of time
fixed by the board in...
|
California Water Code Section 2817
Appeals from any action of the court under this article may
be taken by the board or any party in interest in the same manner and
with the same...
|
California Water Code Section 2818
This article shall not be construed to confer any rights of
appropriation upon parties who shall have abandoned their
appropriations or failed to use
|
California Water Code Section 2819
Incomplete appropriations initiated by application under the
provisions of the Water Commission Act or this code shall be included
in the decree but...
|
California Water Code Section 2820
After revocation by the board of a permit or license relating
to a right included in the decree and upon completion of court
review of the board's...
|
California Water Code Section 2825
The board shall furnish to each claimant whose rights are
decreed a copy of the decree and a notice of the entry thereof.
|
California Water Code Section 2826
Upon entry of a supplemental decree establishing or modifying
a right, the board shall furnish to each claimant who could be
significantly affected,...
|
California Water Code Section 2850
At the time of the submission of proofs, the board shall
collect from each claimant the fee established pursuant to Section
1528.
|
California Water Code Section 2851
At the time of, or as soon as practicable after the mailing
of, its order of determination the board shall compute the entire
expense it has incurred
|
California Water Code Section 2852
If the total amount of expense exceeds the total amount
received from claimants at the time of submission of proofs, the
excess expense shall be...
|
California Water Code Section 2853
A statement setting forth the expense and the apportionments
thereof against the respective parties shall be sent by registered
mail by the board to...
|
California Water Code Section 2855
Upon application in writing by any party aggrieved within 30
days after the statement of expense and the apportionment thereof has
been mailed to the
|
California Water Code Section 2856
The clerk of the court shall, at least 10 days prior to the
date of hearing, give notice thereof by mail to all parties.
|
California Water Code Section 2857
If no objection is filed with the court within the prescribed
periods the court upon ex parte application of the board shall enter
a judgment against
|
California Water Code Section 2858
Any party failing to object to the expense or the
apportionments thereof waives all objections thereto.
|
California Water Code Section 2859
Upon the hearing of objections to the expense or the
apportionments thereof the court shall determine the expense and its
apportionment as the court...
|
California Water Code Section 2862
All money paid to or collected by the board, as provided in
this article, shall be paid, at least once each month, accompanied by
a detailed...
|
California Water Code Section 2863
All or any part of the money in the Water Resources Control
Board Revolving Fund may be drawn from the State Treasury upon the
approval of the...
|
California Water Code Section 2864
If the funds available for use by the board are inadequate to
enable it to undertake the expense of any proceeding under this
chapter or if in its...
|
California Water Code Section 2865
During the pendency of any proceedings under this chapter,
the board, after at least 20 days' notice to the parties, may order
interim or partial...
|
California Water Code Section 2866
The Department of Finance shall, from time to time, review
the status of the Water Resources Control Board Revolving Fund to
determine whether there...
|
California Water Code Section 2868
If a party fails to pay the expenses apportioned to that
party when due, the board may refer the matter for collection of the
unpaid expenses...
|
California Water Code Section 2900
In rendering its decree for the determination of rights to
water, whether in suits referred to the board under the provisions of
Chapter 1 of this...
|
California Water Code Section 4000
As used in this part, "service area" applies to watermaster
districts heretofore established and to watermaster service areas
hereafter established...
|
California Water Code Section 4001
As used in this part, "conduit" includes ditches, pipe lines,
and other means of diversion.
|
California Water Code Section 4002
Any duty or authority vested in a watermaster may be
exercised by the watermaster directly or through the agency of a
deputy watermaster, if there is
|
California Water Code Section 4003
As used in this part, "fiscal year" means the year beginning
July 1 of any calendar year and ending June 30 of the following
calendar year.
|
California Water Code Section 4025
The department shall divide the State into watermaster
service areas so constituted and adjusted as to insure the most
practical and economical...
|
California Water Code Section 4026
Service areas shall be created from time to time as rights to
water are ascertained and determined.
|
California Water Code Section 4027
The rights may be ascertained and determined by any or all of
the following:
(a) Under procedure provided for in this division;
(b) Under...
|
California Water Code Section 4028
When rights are ascertained and determined by agreement, the
agreement shall be recorded in the office of the county recorder of
each county in which
|
California Water Code Section 4028.5
When rights are ascertained and determined by court decree,
certified copies of the decree shall be recorded as agreements are
required to be...
|
California Water Code Section 4029
Upon the creation of a service area the department shall
record in the office of the county recorder of each county in which a
portion of the service
|
California Water Code Section 4030
From time to time the department shall record supplemental or
revised descriptions as the descriptions are changed.
|
California Water Code Section 4032
Service areas may be enlarged, reduced, consolidated, or
abolished from time to time as convenience of administration may
require.
|
California Water Code Section 4050
(a) Upon written request submitted to the department by the
owners or governing bodies of at least 15 percent of the conduits
lawfully entitled to...
|
California Water Code Section 4051
The department may from time to time discontinue watermaster
service in any service area, if necessity therefor ceases, and revive
the service...
|
California Water Code Section 4052
The watermaster shall be properly qualified and shall perform
the duties imposed on him by this part as an employee under the
general supervision and
|
California Water Code Section 4053
Watermasters, in addition to compensation for their services,
shall receive necessary travel expenses incurred in the performance
of their duties.
|
California Water Code Section 4100
The owner of every conduit subject to regulation by a
watermaster shall construct and maintain to the satisfaction of the
department a substantial...
|
California Water Code Section 4101
The owner of a conduit shall construct and maintain to the
satisfaction of the department a substantial and serviceable headgate
in the conduit...
|
California Water Code Section 4102
The headgate shall be of such construction that it can be
locked and kept closed by the watermaster.
|
California Water Code Section 4103
The owner of a conduit shall construct and maintain such
water flow measuring devices at such points along the conduit as may
be required and...
|
California Water Code Section 4104
If the owner of any conduit refuses or neglects to construct
and maintain the diversion dam or works, the headgate, or the
measuring devices provided
|
California Water Code Section 4125
The owner of every reservoir which is subject to regulation
by a watermaster and which is located across or upon the bed of a
natural stream or...
|
California Water Code Section 4126
If the owner of any reservoir neglects or refuses to
construct and maintain the measuring devices provided for in this
article after 30 days' notice...
|
California Water Code Section 4150
The department may make such reasonable regulations to secure
distribution of water in accordance with determined rights as may be
needed.
|
California Water Code Section 4151
The watermaster shall divide the water of the streams or
other sources of supply among the several conduits and reservoirs
taking water therefrom and
|
California Water Code Section 4152
Whenever in pursuance of his duties the watermaster regulates
a headgate to a conduit or the controlling works of a reservoir, he
may attach to the...
|
California Water Code Section 4153
The notice is legal notice to all persons interested in the
diversion and distribution of the water of the conduit or reservoir.
|
California Water Code Section 4160
Any person who is injured by the action of any watermaster
may apply to the superior court of the county in which the injury
takes place, for an...
|
California Water Code Section 4161
Such injunction shall be issued only in case it is shown at
the hearing that the watermaster has failed to distribute the water
according to the...
|
California Water Code Section 4175
Every person who wilfully and without authority opens,
closes, changes, or interferes with any headgate, waterbox, or
measuring device while it is...
|
California Water Code Section 4176
The possession or use of water when it has been so denied him
by the watermaster is prima facie evidence of the guilt of the
person using it.
|
California Water Code Section 4177
Every person who violates any of the provisions of this
chapter or of Chapter 4 (commencing with Section 4100) is guilty of a
misdemeanor and is...
|
California Water Code Section 4178
A watermaster may arrest any person violating any of the
provisions of this chapter or of Chapter 4 (commencing with Section
4100) and to deliver the
|
California Water Code Section 4200
The department may incur such expense and make such
expenditures as may be necessary to provide for the administration of
any service area and the...
|
California Water Code Section 4201
All of the cost of administration of a service area and the
distribution of water therein shall be paid by the owners of the
rights to divert or...
|
California Water Code Section 4225
The department shall, prior to June 15th of each year,
prepare a statement for each service area. The statement shall
contain a budget showing the...
|
California Water Code Section 4226
The budget shall include all of the following:
(a) Expenses theretofore incurred for the payment of which funds
are not available.
(b) The cost
|
California Water Code Section 4227
The statement shall also contain an apportionment of the
amount of the budget among the owners of the various rights to store
or divert within the...
|
California Water Code Section 4228
In all cases where a water right is owned by two or more
persons, they shall pay in proportion to their respective interests
in the water right, and,
|
California Water Code Section 4251
One-tenth of the budget for the service area shall be
apportioned equally among the respective ownerships of all water
rights involved, and except as
|
California Water Code Section 4252
In all cases of rights to divert the direct flow of a stream,
without storage, for power development or other nonconsumptive use,
where the entire...
|
California Water Code Section 4253
In all cases where rights exist to store or divert water for
use for more than one purpose, the amount to be paid by the owner of
such rights shall...
|
California Water Code Section 4254
In making an apportionment to any owner of the right to store
water, 350 acre-feet of storage capacity which the owner is entitled
to use shall be...
|
California Water Code Section 4275
Except as provided in Article 5 (commencing with Section
4300), the department, on or before the 15th day of August of each
year, shall certify, to...
|
California Water Code Section 4276
The auditor shall enter the amounts of the respective
apportionments against the respective parcels of land as they appear
on the current assessment...
|
California Water Code Section 4277
The board of supervisors of each county in which there lies a
watermaster service area or any portion thereof shall annually, and
at the time of...
|
California Water Code Section 4278
Apportionments levied pursuant to this article shall be
collected at the same time and in the same manner as county taxes.
So far as applicable, all...
|
California Water Code Section 4279
All money raised by such apportionments shall be accounted
for separately as to each watermaster service area. All such money
shall be transmitted...
|
California Water Code Section 4300
If the owner of the right is a county, municipality,
district, political subdivision, public corporation, or state agency,
or is public utility as...
|
California Water Code Section 4301
Service on such owners may be made personally, or by mail as
provided by Section 1013 of the Code of Civil Procedure.
|
California Water Code Section 4302
Each such owner shall, on or before the 10th day of December
of the year in which the apportionment was made, pay to the
department the amount...
|
California Water Code Section 4303
If the owner of the right is a county, municipality,
district, political subdivision, public corporation, or state agency,
the amount apportioned,...
|
California Water Code Section 4304
If the owner of the right is a public utility as defined in
the Public Utilities Code, the amount apportioned, together with the
penalty in case of...
|
California Water Code Section 4305
At any time after 30 days after any payment due under this
article becomes delinquent the department may institute in the name
of the people of the...
|
California Water Code Section 4325
The procedure set forth in this article for collecting and
making available money for watermaster distribution is in lieu of
that set forth in the...
|
California Water Code Section 4326
Whenever all the owners of rights to water within any service
area, by agreement in writing, shall have organized themselves into
an association for...
|
California Water Code Section 4327
The statement shall be submitted on or before the first day
of September of the year preceding that for which it is made.
|
California Water Code Section 4329
The association shall pay the total amount apportioned to it
to the department on or before the first day of December next
succeeding the receipt of...
|
California Water Code Section 4330
The department shall deposit the money in the Water Resources
Revolving Fund to the credit of the amount of the service area
affected.
|
California Water Code Section 4331
The department may refuse to render watermaster service to
such service area during any calendar year next succeeding the first
day of December of...
|
California Water Code Section 4334
All of the provisions of this chapter relating to the
expenses of service areas which are not in conflict with this article
shall apply to expenses...
|
California Water Code Section 4335
If, at the time of creation of a service area, all the owners
have formed an association by agreement in writing and have filed a
certified copy of...
|
California Water Code Section 4351
Separate accounts shall be established in the fund to the
credit of the various service areas now in existence or hereafter
created from time to...
|
California Water Code Section 4357
The expenditures for the supervision of the distribution of
water in any service area shall be paid from that portion or account
of the Water...
|
California Water Code Section 4358
Any money remaining in the watermaster service area accounts
of the Water Resources Revolving Fund at the end of any year shall be
available for use...
|
California Water Code Section 4400
The foregoing provisions of this part shall be applicable to
this chapter, so far as adaptable thereto or consistent therewith,
and whenever rights...
|
California Water Code Section 4401
Insofar as the foregoing provisions of this part may not be
adaptable to or may be inconsistent with the provisions of any decree
of court, the...
|
California Water Code Section 4402
In the event an order or decree of court provides for an
allocation among and payment of costs of water distribution by the
owners of the rights...
|
California Water Code Section 4403
A certified copy of the order or decree shall be recorded in
the county or counties wherein the water is diverted or used and a
certified copy filed...
|
California Water Code Section 4404
Obligations to pay for the respective allocations of cost set
forth in the order or decree may be enforced by the department
against the respective...
|
California Water Code Section 4406
The total sum thus made available shall be subject to
expenditure by the department in performing said work, and any money
remaining at the end of...
|
California Water Code Section 4407
Any moneys collected or received by the department for or on
account of owners of the rights involved may be placed in a special
deposit fund and...
|
California Water Code Section 4999
The Legislature finds and declares that by reason of the
combination of light rainfall, concentrated population, the
transition of considerable areas
|
California Water Code Section 5000
As used in this Part 5, the following terms shall have the
respective meanings stated below, viz:
(a) "Ground water" means water beneath the...
|
California Water Code Section 5001
Each person who, after 1955, extracts ground water in excess
of 25 acre-feet in any year shall file with the board on or before
March 1st of the...
|
California Water Code Section 5002
Each notice shall be on a form provided by the board. The
first notice filed by any person shall state:
(a) The name of the person extracting...
|
California Water Code Section 5003
No prescriptive right that might otherwise accrue to extract
ground water shall arise or accrue to, nor shall any statute of
limitations operate in...
|
California Water Code Section 5004
After the year 1959, failure to file with the board a notice
for any calendar year within six months after the close of such
calendar year shall be...
|
California Water Code Section 5005
Except as specified in Section 5004, failure to file the
notice or delay in filing the same shall not cause the loss of rights
to ground water which...
|
California Water Code Section 5006
Each notice shall be sworn to and shall be accompanied by a
filing fee which shall be fixed by the board pursuant to Section
1529.
|
California Water Code Section 5007
Any person may apply to the board to investigate the facts
stated in any specified notice so filed and to state in writing its
determination of the...
|
California Water Code Section 5008
The making of any willful misstatement in any notice shall be
a misdemeanor, punishable by a fine of not exceeding one thousand
dollars ($1,000) or...
|
California Water Code Section 5009
(a) (1) Notwithstanding any other provision of this part, on
and after January 1, 2005, each person who extracts groundwater in a
board-designated...
|
California Water Code Section 5100
As used in this part:
(a) "Best available technologies" means technologies at the
highest technically practical level, using flow totaling...
|
California Water Code Section 5101
Each person who, after December 31, 1965, diverts water shall
file with the board, prior to July 1 of the succeeding year, a
statement of his...
|
California Water Code Section 5102
The statement may be filed either by the person who is
diverting water or, on his behalf, by an agency which he designates
and which maintains a...
|
California Water Code Section 5103
Each statement shall be prepared on a form provided by the
board. The statement shall include all of the following information:
(a) The name and...
|
California Water Code Section 5104
(a) Supplemental statements shall be filed at three-year
intervals, prior to July 1 of the year next succeeding the end of
each three-year interval.
|
California Water Code Section 5105
Upon failure of any person to file a statement required by
this part, the board may, at the expense of such person, investigate
and determine in...
|
California Water Code Section 5106
(a) Neither the statements submitted under this part nor the
determination of facts by the board pursuant to Section 5105 shall
establish or...
|
California Water Code Section 5107
(a) The making of any willful misstatement pursuant to this
part is a misdemeanor punishable by a fine not exceeding one thousand
dollars ($1,000) or
|
California Water Code Section 5108
Statements filed pursuant to this part shall be for
informational purposes only, and neither the failure to file a
statement nor any error in the...
|
California Water Code Section 5900
The Legislature of the State of California hereby ratifies
and approves that certain compact designated as the "Klamath River
Basin Compact between...
|
California Water Code Section 5901
The provisions of said Klamath River Basin Compact are as
follows:
Article I. Purposes
The major purposes of this compact are, with...
|
California Water Code Section 5950
The Legislature of the State of California hereby ratifies
the Oregon-California Goose Lake Interstate Compact as set forth in
Section 5951. The...
|
California Water Code Section 5951
The provisions of the Oregon-California Goose Lake Interstate
Compact are as follows:
Article I. Purposes
The major purposes of this...
|
California Water Code Section 5975
The Legislature of the State of California hereby ratifies
and approves the California-Nevada Interstate Compact as set forth in
Section 5976. The...
|
California Water Code Section 5976
The provisions of the California-Nevada Interstate Compact
are as follows:
Article I. Purposes
Consistent with the provisions of the...
|
California Water Code Section 6000
Unless the context otherwise requires, the definitions in
this chapter govern the construction of this part.
|
California Water Code Section 6002
"Dam" means any artificial barrier, together with appurtenant
works, which does or may impound or divert water, and which either
(a) is or will be 25
|
California Water Code Section 6003
Any such barrier which is or will be not in excess of six
feet in height, regardless of storage capacity, or which has or will
have a storage...
|
California Water Code Section 6004
(a) No obstruction in a canal used to raise or lower water
therein or divert water therefrom, no levee, including but not
limited to a levee on the...
|
California Water Code Section 6004.5
"Reservoir" means any reservoir which contains or will
contain the water impounded by a dam.
|
California Water Code Section 6005
"Owner" includes any of the following who own, control,
operate, maintain, manage, or propose to construct a dam or
reservoir:
(a)The state and...
|
California Water Code Section 6006
"Alterations," "repairs," or either of them, mean only such
alterations or repairs as may affect the safety of the dam or
reservoir.
|
California Water Code Section 6007
"Enlargement" means any change in or addition to an existing
dam or reservoir, which raises or may raise the water storage
elevation of the water...
|
California Water Code Section 6008
Water storage elevation means that elevation of water surface
which could be obtained by the existing dam or reservoir, as
previously operated, were...
|
California Water Code Section 6025
It is the intent of the Legislature by this part to provide
for the regulation and supervision of dams and reservoirs exclusively
by the State.
|
California Water Code Section 6025.5
(a) Notwithstanding any other provision, subject to
subdivision (b), the requirements for state regulation and
supervision of safety of dams, as...
|
California Water Code Section 6025.6
(a) An owner of a structure defined as a dam pursuant to
Section 6002, but excluded from that definition pursuant to
subdivision (d) of Section 6004...
|
California Water Code Section 6026
No city or county has authority, by ordinance enacted by the
legislative body thereof or adopted by the people under the
initiative power, or...
|
California Water Code Section 6027
Whenever supervision of safety of design or construction of a
proposed or existing dam or reservoir is exercised by the United
States or any of its...
|
California Water Code Section 6028
No action shall be brought against the state or the
department or its agents or employees for the recovery of damages
caused by the partial or total...
|
California Water Code Section 6029
Nothing in this part shall be construed to relieve an owner
or operator of a dam or reservoir of the legal duties, obligations,
or liabilities...
|
California Water Code Section 6030
The findings and orders of the department and the certificate
of approval of any dam or reservoir issued by the department are
final and conclusive...
|
California Water Code Section 6031
Nothing in this part shall be construed to deprive any owner
of such recourse to the courts as he may be entitled to under the
laws of this State.
|
California Water Code Section 6052
The department shall employ such clerical, engineering, and
other assistants as are necessary for carrying on the work of dam and
reservoir...
|
California Water Code Section 6053
The department may employ consultants.
|
California Water Code Section 6054
When the safety and technical considerations pertaining to a
certificate of approval, dam, reservoir, or plans and specifications
require it, or when
|
California Water Code Section 6055
The cost and expense of a consulting board if appointed on
the request of an owner shall be paid by the owner.
|
California Water Code Section 6056
The department shall retain a board of three consultants who
shall make an independent report to the director upon the issuance,
modification, or...
|
California Water Code Section 6075
The department, under the police power of the state, shall
supervise the construction, enlargement, alteration, repair,
maintenance, operation, and...
|
California Water Code Section 6076
All dams and reservoirs in the state are under the
jurisdiction of the department.
|
California Water Code Section 6077
It is unlawful to construct, enlarge, repair, alter, remove,
maintain, or operate any dam or reservoir except upon approval of the
department as...
|
California Water Code Section 6078
The department shall adopt and revise from time to time such
rules and regulations and issue such general orders as may be
necessary for carrying...
|
California Water Code Section 6079
In carrying out the provisions of this part the department
may cooperate with the United States or any of its agencies.
|
California Water Code Section 6080
In making any investigations or inspections required or
authorized by this part the department or its representatives may
enter upon private property
|
California Water Code Section 6081
In determining whether or not a dam or reservoir or proposed
dam or reservoir constitutes or would constitute a danger to life or
property, the...
|
California Water Code Section 6100
Supervision over the maintenance and operation of dams and
reservoirs insofar as necessary to safeguard life and property from
injury by reason of...
|
California Water Code Section 6101
The department may require owners to keep records of, and to
report on, maintenance, operation, staffing, and engineering and
geologic investigations
|
California Water Code Section 6102
The department, from time to time, shall make inspections of
dams and reservoirs at state expense for the purpose of determining
their safety but...
|
California Water Code Section 6110
The department shall immediately employ any remedial means
necessary to protect life and property if either:
(a) The condition of any dam or...
|
California Water Code Section 6111
In applying the remedial means provided for in this article,
the department may in emergency do any of the following:
(a) Lower the water level by
|
California Water Code Section 6112
The department shall continue in full charge and control of
such dam or reservoir, or both, and its appurtenances until they are
rendered safe or the
|
California Water Code Section 6113
The cost and expenses of the remedial means provided in this
article, including cost of any work done to render a dam or reservoir
or its...
|
California Water Code Section 6120
For the purpose of enabling it to make decisions as
compatible with economy and public safety as possible the department
shall make or cause to be...
|
California Water Code Section 6121
The department shall also make or cause to be made such
watershed investigations and studies as may facilitate its decisions.
|
California Water Code Section 6150
The department may commence an action or proceeding under
this article, either by mandamus or injunction, for the purpose of
stopping or preventing...
|
California Water Code Section 6151
An action or proceeding under this article may be commenced
whenever any owner or any person acting as a director, officer,
agent, or employee of any
|
California Water Code Section 6152
Any action or proceeding under this article shall be
commenced in the superior court in and for the county in which (a)
the cause or some part...
|
California Water Code Section 6153
Any action or proceeding under this article shall be brought
by petition in the superior court, alleging the violation or
threatened violation...
|
California Water Code Section 6154
The court shall specify a time, not exceeding 20 days after
the service of the copy of the petition, within which the owner or
person complained of...
|
California Water Code Section 6155
In case of default in answer or after answer the court shall
immediately inquire into the facts and circumstances of the case.
|
California Water Code Section 6156
The court may join such parties as it deems necessary or
proper in order to make its judgment, order, or writ effective.
|
California Water Code Section 6157
The final judgment in such action or proceeding shall either
dismiss the action or proceeding or direct that the writ of mandamus
or injunction issue
|
California Water Code Section 6200
Construction of any new dam or reservoir or the enlargement
of any dam or reservoir shall not be commenced until the owner has
applied for and...
|
California Water Code Section 6201
A separate application for each dam or reservoir shall be
filed with the department upon forms to be provided by it, except
that only one application
|
California Water Code Section 6202
The application shall give the following information:
(a) The name and address of the owner.
(b) The location, type, size, and height of the...
|
California Water Code Section 6203
The department may also require the following:
(a) Data concerning subsoil and foundation conditions and the
materials entering into construction...
|
California Water Code Section 6204
In instances wherein the physical conditions involved and the
size of the dam or reservoir are such as to render the above
requirements as to...
|
California Water Code Section 6205
The application shall set forth the purpose for which the
impounded or diverted water is to be used.
|
California Water Code Section 6206
The application shall be accompanied by maps and plans and
specifications of such character and size and setting forth such
pertinent details and...
|
California Water Code Section 6225
Before commencing the repair, alteration, or removal of a dam
or reservoir, including the alteration or removal of a dam or
reservoir so that it no...
|
California Water Code Section 6226
The application shall give such pertinent information or data
concerning the dam or reservoir, or both, as may be required by the
department and such
|
California Water Code Section 6227
The application shall state the proposed time of commencement
and of completion of construction.
|
California Water Code Section 6228
The application shall give the name and address of applicant,
shall adequately detail, with appropriate references to the existing
dam or reservoir,...
|
California Water Code Section 6229
In case of an emergency where repairs are necessary to
safeguard life and property repairs may be started immediately, but
the department shall be...
|
California Water Code Section 6230
The proposed repairs and work shall be made to conform to
such orders as the department issues.
|
California Water Code Section 6250
Unless application for approval of the dam has heretofore
been made, every owner of a dam completed prior to August 14, 1929
shall, immediately after
|
California Water Code Section 6251
A separate application shall be made for each dam and shall
be filed with the department upon forms to be supplied by it and
shall supply such...
|
California Water Code Section 6252
The department shall give notice to file to owners who have
failed to do so as required by this article, and a failure to file
within 30 days after...
|
California Water Code Section 6253
The notice provided for in this article may be given by
registered mail and a return receipt signed by the owner shall
constitute prima facie...
|
California Water Code Section 6260
Upon receipt of any application other than an application
provided for in Article 3 of this chapter the department shall give
its consideration...
|
California Water Code Section 6261
A defective application made in a bona fide attempt to
conform to the law and rules and regulations of the department shall
not be rejected but...
|
California Water Code Section 6262
If within 30 days of the date of mailing the notice the
applicant does not file an amended and perfected application, the
application shall be...
|
California Water Code Section 6263
No application shall be approved in less than 10 days from
its receipt but all applications shall be approved or disapproved as
soon as practicable...
|
California Water Code Section 6264
Approvals may be granted under terms, conditions, and
limitations necessary to safeguard life and property.
|
California Water Code Section 6265
Actual construction shall be commenced within one year after
date of approval, otherwise the approval becomes void.
|
California Water Code Section 6266
The department may, upon written application and for good
cause shown, extend the time for commencing construction.
|
California Water Code Section 6267
Notice shall be given to the department at least 10 days
before construction is to be commenced and such other notices shall
be given to the...
|
California Water Code Section 6300
(a) The application for a new dam or reservoir or enlargement
shall set forth the estimated cost, as defined in this article, of
the dam or reservoir
|
California Water Code Section 6301
One filing fee only shall be collected for an enlargement to
be effected by flashboards, sandbags, earthen levees, gates, or other
works, devices, or
|
California Water Code Section 6302
For the purposes of this part, the estimated cost of the dam
or reservoir or enlargement involved shall include the following:
(a) The cost of all
|
California Water Code Section 6303
The costs of right-of-way, detached powerhouses, electrical
generating machinery, and roads and railroads affording access to the
dam or reservoir...
|
California Water Code Section 6304
An application shall not be considered by the department
until the filing fee is received.
|
California Water Code Section 6305
In the event the actual cost exceeds the estimated cost by
more than 15 percent, a further fee shall be required by the
department before final...
|
California Water Code Section 6306
Applications for dams found by the department to have been
less than 90 per cent constructed on August 14, 1929, shall be
accompanied by fees as much
|
California Water Code Section 6307
(a) (1) The department shall adopt, by regulation, a schedule
of fees to cover the department's costs in carrying out the
supervision of dam safety.
|
California Water Code Section 6308
All fees, penalties, interest, fines, or charges collected by
the department under this division shall be deposited in the Dam
Safety Fund, which is...
|
California Water Code Section 6309
The fees provided for in this chapter shall be required of
any "owner," as defined in Section 6005.
|
California Water Code Section 6350
Immediately upon completion of a new dam or reservoir or
enlargement of a dam or reservoir the owner shall give a notice of
completion to the...
|
California Water Code Section 6351
In connection with the enlargement of a dam or reservoir, the
supplementary drawings and descriptive matter need apply only to the
new work.
|
California Water Code Section 6352
As soon as possible after giving notice of completion, the
owner shall file an affidavit with the department stating the actual
cost of the dam or...
|
California Water Code Section 6354
As soon as practicable the completed dam or reservoir shall
be inspected by the department.
|
California Water Code Section 6355
A certificate of approval shall be issued upon a finding that
the dam or reservoir is safe to impound water within the limitations
prescribed in the...
|
California Water Code Section 6357
Each certificate of approval issued by the department under
this part may contain such terms and conditions as the department may
prescribe.
|
California Water Code Section 6357.1
The department may revoke any certificate of approval
whenever it determines that the dam or reservoir constitutes a danger
to life and property. ...
|
California Water Code Section 6357.2
The owner of a dam or reservoir for which a certificate of
approval has been issued shall not, through action or inaction, cause
the dam or reservoir
|
California Water Code Section 6357.3
With respect to each certificate of approval or written
consent for use of a dam which has been issued by the department or a
predecessor of the...
|
California Water Code Section 6357.4
Before any certificate of approval is revoked by the
department, the department shall hold a hearing. Written notice of
the time and place of the...
|
California Water Code Section 6360
Immediately upon completion of the repair or alteration of
any dam or reservoir, the owner shall give notice of completion to
the department and as...
|
California Water Code Section 6362
As soon as practicable the dam or reservoir as repaired or
altered shall be inspected by the department.
|
California Water Code Section 6363
A certificate of approval shall be issued upon a finding that
the dam or reservoir is safe to impound water within the limitations
prescribed in the...
|
California Water Code Section 6364
The certificate of approval shall supersede any previous
certificate of approval issued for the dam or reservoir so repaired
or altered.
|
California Water Code Section 6370
Upon completion of the removal of a dam or reservoir such
evidence as to the manner in which the work was performed and as to
the conditions...
|
California Water Code Section 6371
This evidence shall show that a sufficient portion of the dam
has been removed to permit the safe passage of floods down the
watercourse across which
|
California Water Code Section 6372
Before final approval of the removal of a dam or reservoir is
issued, the department shall inspect the work and determine that all
danger to life and
|
California Water Code Section 6380
The department shall make inspections at State expense of all
dams in the State completed prior to August 14, 1929.
|
California Water Code Section 6381
The department shall require owners to perform at their
expense such work or tests as necessary to disclose information
sufficient to enable the...
|
California Water Code Section 6382
If, upon inspection or upon completion to the satisfaction of
the department of all work that may be ordered, the department finds
that the dam is...
|
California Water Code Section 6390
Upon receipt of a written complaint alleging that the person
or property of the complainant is endangered by the construction,
maintenance, or...
|
California Water Code Section 6391
If the complainant insists upon an inspection and deposits
with the department a sum estimated by it to be sufficient to cover
costs of an...
|
California Water Code Section 6392
If it is found that an unsafe condition exists, the
department shall take such action as is necessary to render or cause
the condition to be rendered
|
California Water Code Section 6393
If, after an inspection is made on account of a complaint,
the complaint is found by the department to have been without merit,
any money deposited...
|
California Water Code Section 6400
During the construction, enlargement, repair, alteration, or
removal of any dam or reservoir the department shall make continuous
or periodical...
|
California Water Code Section 6401
If, after any inspections, investigations, or examinations,
or at any time as the work progresses, or at any time prior to
issuance of a certificate...
|
California Water Code Section 6402
If conditions are revealed which will not permit the
construction of a safe dam or reservoir the approval may be revoked.
|
California Water Code Section 6403
In the event that conditions imposed may be waived or made
less burdensome without sacrificing a proper margin of safety, the
department may...
|
California Water Code Section 6404
If at any time during construction, enlargement, repair, or
alterations of any dam or reservoir the department finds that the
work is not being done...
|
California Water Code Section 6405
The notice and order shall state the particulars in which the
approval and approved plans and specifications or the approval and
approved plans and...
|
California Water Code Section 6406
The department may order that no further work be done until
such compliance has been effected and approved by the department.
|
California Water Code Section 6407
A failure to comply with the approval and approved plans and
specifications as originally approved or as revised shall render the
approval subject to
|
California Water Code Section 6425
Every person who violates any of the provisions of this part
or of any approval, order, rule, regulation, or requirement of the
department is guilty...
|
California Water Code Section 6426
Any person who wilfully obstructs, hinders, or prevents the
department or its agents or employees from performing the duties
imposed by this part or...
|
California Water Code Section 6427
Any owner or any person acting as a director, officer, agent,
or employee of an owner, or any contractor or agent or employee of a
contractor who...
|
California Water Code Section 6428
Any owner who fails to pay any annual fee or any part of any
annual fee required to be paid pursuant to Section 6307 within the
time required shall...
|
California Water Code Section 6450
Any dam which the department finds was not 90 percent
constructed on August 14, 1929 shall be subject to the same
provisions as a dam commenced after
|
California Water Code Section 6451
Construction work on such a dam may proceed, if an
application for approval thereof is filed, until an order from the
department is received...
|
California Water Code Section 6452
Dams found to be 90 per cent or more constructed on August
14, 1929 shall be subject to the same supervision as dams which were
completed prior to...
|
California Water Code Section 6450
Any dam which the department finds was not 90 percent
constructed on August 14, 1929 shall be subject to the same
provisions as a dam commenced after
|
California Water Code Section 6451
Construction work on such a dam may proceed, if an
application for approval thereof is filed, until an order from the
department is received...
|
California Water Code Section 6452
Dams found to be 90 per cent or more constructed on August
14, 1929 shall be subject to the same supervision as dams which were
completed prior to...
|
California Water Code Section 6455
Every owner of a dam or reservoir that falls within the
definition of a dam or reservoir in this part by virtue of the
amendment of Section 6002 or...
|
California Water Code Section 6456
A separate application shall be made for each dam or
reservoir and shall be filed with the department upon forms to be
supplied by it and shall...
|
California Water Code Section 6457
The department shall give notice to file an application to
owners of such dams or reservoirs who have failed to do so as
required by this article,...
|
California Water Code Section 6458
The notice provided for in this article may be given by
registered or certified mail and a return receipt signed by the owner
shall constitute prima...
|
California Water Code Section 6459
The department shall make inspections of such dams or
reservoirs at state expense.
|
California Water Code Section 6460
The department shall require owners of such dams or
reservoirs to perform at their expense such work or tests as
necessary to disclose information...
|
California Water Code Section 6461
If, upon inspection or upon completion to the satisfaction of
the department of all work that may be ordered, the department finds
that the dam or...
|
California Water Code Section 6455
Every owner of a dam or reservoir that falls within the
definition of a dam or reservoir in this part by virtue of the
amendment of Section 6002 or...
|
California Water Code Section 6456
A separate application shall be made for each dam or
reservoir and shall be filed with the department upon forms to be
supplied by it and shall...
|
California Water Code Section 6457
The department shall give notice to file an application to
owners of such dams or reservoirs who have failed to do so as
required by this article,...
|
California Water Code Section 6458
The notice provided for in this article may be given by
registered or certified mail and a return receipt signed by the owner
shall constitute prima...
|
California Water Code Section 6459
The department shall make inspections of such dams or
reservoirs at state expense.
|
California Water Code Section 6460
The department shall require owners of such dams or
reservoirs to perform at their expense such work or tests as
necessary to disclose information...
|
California Water Code Section 6461
If, upon inspection or upon completion to the satisfaction of
the department of all work that may be ordered, the department finds
that the dam or...
|
California Water Code Section 6465
Any dam or reservoir that falls within the definition of a
dam or reservoir in this part by virtue of the amendment of Section
6002 or the addition...
|
California Water Code Section 6466
Construction work on such a dam or reservoir may proceed,
provided an application for approval of the plans and specifications
therefor is filed,...
|
California Water Code Section 6467
Such dams or reservoirs as are 90 percent or more constructed
on September 17, 1965, shall be subject to the same supervision as
dams or reservoirs...
|
California Water Code Section 6470
The owners of completed dams or reservoirs and dams or
reservoirs that are 90 percent or more constructed that are made
subject to the provisions of...
|
California Water Code Section 6500
Whenever an application for approval of plans and
specifications for a new dam, or for the enlargement of any dam, in
any stream in this State, is...
|
California Water Code Section 6501
The provisions for the installation of fishways over or
around dams and for the protection and preservation of fish in
streams obstructed by dams are
|
California Water Code Section 7000
As used in this chapter "conduit" includes ditch, pipe line,
and flume.
|
California Water Code Section 7001
When two or more persons are associated by agreement in the
use of a conduit, well, or pumping plant, for the conveyance,
obtaining or disposing of...
|
California Water Code Section 7002
If any person neglects, after demand in writing, to pay his
proportion of the expenses under the next preceding section, he is
liable therefor in an...
|
California Water Code Section 7003
The action authorized by this article may be brought by any
or all of the parties who have contributed more than his or their
just proportion of the...
|
California Water Code Section 7005
When two or more persons are using any conduit, well, or
pumping plant for the conveyance of water or any part thereof for the
irrigation of land or...
|
California Water Code Section 7006
The complaint shall contain the names, if known, of all
users, and if there are users whose names are unknown, a statement
that they are unknown.
|
California Water Code Section 7007
The users other than those bringing the action shall be
styled defendants.
|
California Water Code Section 7008
The summons shall contain the names of the parties, and an
order to the defendants to appear and show cause why the
determination of rights as prayed
|
California Water Code Section 7009
The court shall determine the manner in which all
improvements, repairs, maintenance and other matters relating to the
conduit, well, or pumping...
|
California Water Code Section 7010
The decree shall include a determination of the proportionate
amount which all users shall contribute to the maintenance, repair,
improvement and...
|
California Water Code Section 7030
As used in this chapter, "conduit" includes canal, ditch,
culvert, pipeline, flume, or other appliance for conducting water.
|
California Water Code Section 7031
As used in this chapter, except in Section 7034, "highway"
includes both state and county highways as defined by or identified
in the Streets and...
|
California Water Code Section 7031.5
As used in this chapter, "bridge" means a structure
constructed to allow the conducting of water underneath by canal,
ditch, flume or other uncovered
|
California Water Code Section 7032
No conduit shall be laid, constructed, or maintained so as to
obstruct any highway.
|
California Water Code Section 7033
Every person or public district or agency who or which
initially constructs, or improves for his or its own benefit, any
conduit crossing or running...
|
California Water Code Section 7034
Bridges or conduits heretofore or hereafter constructed in a
permanent manner, whether by encroachment permit or otherwise, which
cross county...
|
California Water Code Section 7035
Whenever any conduit for conducting water crosses a highway
and no written records exist showing that the highway rights-of-way
existed prior to the...
|
California Water Code Section 7036
Any public district or private utility and any county may
enter into a contract agreeing to pay and apportion between them the
costs of locating,...
|
California Water Code Section 7040
The flow of water in any natural stream to the intake of any
canal diverting water from the stream for any public use, or the use
of any farming...
|
California Water Code Section 7041
The flow may be maintained by restoring or repairing any
break in the bank of the stream, by maintaining the banks of the
stream, and by preventing...
|
California Water Code Section 7042
No act authorized in this chapter when performed, shall
prevent, retard or obstruct the building and maintenance thereafter
of any reclamation,...
|
California Water Code Section 7043
No act authorized in this chapter shall prevent the use or
enlargement of any natural channel for municipal purposes or for use
in connection with...
|
California Water Code Section 7043.5
Only as applied to the New River in Imperial County, as
used in this chapter, "use or enlargement of any natural channel for
municipal purposes"...
|
California Water Code Section 7044
No act authorized in this chapter shall prevent the use or
enlargement of any natural channel to convey water appropriated under
the laws of this...
|
California Water Code Section 7045
No acts authorized by this chapter shall limit the powers of
the Department of Water Resources to accomplish in its own way the
purposes of this...
|
California Water Code Section 7047
No person may alter, divert or deflect the course of any
nonnavigable stream in any surface mining dredging operation without
first obtaining the...
|
California Water Code Section 7048
(a) The Legislature hereby finds and declares that the
protection, restoration, and enhancement of urban creek channels
provide potential benefits to
|
California Water Code Section 7050
Every person owning or occupying lands upon the bank of any
stream where the lands lying back of the stream are lower than the
bank, is responsible...
|
California Water Code Section 7051
If the cuts were made for the purpose of irrigation, and
headgates and culverts were installed which competent persons
consider sufficient to...
|
California Water Code Section 7075
Water which has been appropriated may be turned into the
channel of another stream, mingled with its water, and then
reclaimed; but in reclaiming it...
|
California Water Code Section 8000
The provisions of this chapter are intended to be paramount
and controlling as to all matters provided for in, and as to all
questions arising out of
|
California Water Code Section 8001
As used in this chapter, "works" includes canals, ditches,
levees, dikes, embankments, dams, machinery, and other appropriate or
ancillary means of...
|
California Water Code Section 8002
As used in this chapter, "city" means any city, town, or
municipal corporation incorporated under the laws of this State.
|
California Water Code Section 8003
As used in this chapter, "city council" includes the
legislative body of any city by whatever name it may be designated.
|
California Water Code Section 8004
Every publication required by this chapter shall be made in
some newspaper published in the city.
|
California Water Code Section 8005
Except as otherwise specifically provided, if publication is
in a daily paper the publication shall appear in at least 10 issues
thereof, and if in a
|
California Water Code Section 8006
No publication shall be deemed to have begun until any
required preceding publication has been completed.
|
California Water Code Section 8010
Any city may, pursuant to this chapter, incur indebtedness
and liability, although in excess of the income and revenue provided
by it for the current
|
California Water Code Section 8011
The works may be situated within or without the territorial
limits of the city.
|
California Water Code Section 8012
The city council shall have some competent person make
general plans and estimates of the cost of the contemplated works.
|
California Water Code Section 8013
The general plans and estimates shall, after adoption, be
filed in the office of the clerk of the city, and shall be
substantially adhered to...
|
California Water Code Section 8014
After the filing of the general plans and estimates, and by
resolution or ordinance of intention passed at a regular meeting by a
vote of two-thirds...
|
California Water Code Section 8015
The city council, by the same resolution or ordinance, shall
determine, if so advised, that the cost of the works will be too
great to be paid out of
|
California Water Code Section 8016
The resolution or ordinance of intention, shall, after its
passage and approval, be published.
|
California Water Code Section 8020
Within one month after the publication of the resolution or
ordinance of intention, and by resolution or ordinance passed at a
regular meeting by a...
|
California Water Code Section 8021
The resolution or ordinance calling the special election
shall specify the following:
(a) The purpose for which the indebtedness is proposed to...
|
California Water Code Section 8022
The resolution or ordinance calling the election shall be
published.
|
California Water Code Section 8023
The city council shall publish, after the publication of the
resolution or ordinance calling the election and prior to the day of
holding the special
|
California Water Code Section 8024
The special election shall be held in the manner provided by
law for holding elections in the city.
|
California Water Code Section 8025
The votes of two-thirds of all the voters voting at the
special election are necessary to authorize the incurring of any
indebtedness or the issuance
|
California Water Code Section 8026
If two-thirds of all the votes cast at the special election
are in favor of the proposition submitted, the city council may, by
ordinance reciting...
|
California Water Code Section 8030
All bonds issued under this chapter shall be serial bonds and
of such denominations as the city council determines.
|
California Water Code Section 8031
No bond shall be for less than one hundred dollars ($100) nor
for more than one thousand dollars ($1,000).
|
California Water Code Section 8032
Not less than one-fortieth part of the whole indebtedness
evidenced by the whole of the issue of bonds shall be, by the terms
of the bonds, made...
|
California Water Code Section 8033
Each bond shall be made payable in lawful money of the United
States on a day and at a place designated in the bond, with interest
at the rate...
|
California Water Code Section 8034
The interest rate shall not exceed 8 percent per annum, and
shall be fixed by the city council.
|
California Water Code Section 8035
The place of payment shall be either at the office of the
treasurer of the city, or at some designated bank in San Francisco,
Chicago, or New York.
|
California Water Code Section 8036
The bonds shall be executed on the part of the city by the
mayor or other executive, and the treasurer, and countersigned by the
clerk of the city.
|
California Water Code Section 8037
The interest coupons shall be numbered consecutively and
signed by the treasurer.
|
California Water Code Section 8038
Any of the bonds may be issued and sold by the city council
at not less than its face value.
|
California Water Code Section 8039
The proceeds of the sale of the bonds shall be deposited in
the city treasury to the credit of a designated fund and shall be
applied exclusively to...
|
California Water Code Section 8050
The city council of every city in or for which any works are
constructed for the purposes specified in this chapter, and for which
indebtedness has...
|
California Water Code Section 8051
All contracts for the works shall be let, in such parcels as
the city council determines, to the lowest responsible bidder, after
notice inviting...
|
California Water Code Section 8052
Security or bonds may be required in order to guarantee good
faith in bidding and in the performance of contracts, or either, in
such amount as the...
|
California Water Code Section 8053
The city council may reject any or all bids.
|
California Water Code Section 8054
The city council may, by resolution, require the treasurer of
the city to give additional bonds for the safe custody and care of
public funds derived
|
California Water Code Section 8060
The city council, at the time of fixing the general tax levy,
and in the manner provided for the general tax levy, shall levy and
collect each year...
|
California Water Code Section 8061
The taxes required by this chapter to be levied and collected
shall be in addition to all other taxes levied for municipal
purposes, and shall be...
|
California Water Code Section 8100
Under such limitations and restrictions as are prescribed by
law, and in addition to jurisdiction and powers otherwise conferred,
the boards of...
|
California Water Code Section 8101
A board of supervisors may appropriate and expend money from
the general or other appropriate funds of the county for the
construction of works,...
|
California Water Code Section 8102
Work under this article may be done upon channels, streams or
rivers which flow through or lie in more than one county, or where
the work is...
|
California Water Code Section 8103
In connection with flood control work under this article,
whether done by the county or by any district therein or agency
thereof, highways, bridges...
|
California Water Code Section 8104
The work described in the next preceding section may be done
at the expense of the county doing the flood control work, or of any
district or agency...
|
California Water Code Section 8105
Nothing in this article shall be construed to authorize the
imposition of any tax or special assessment either by the county or
any district in, or...
|
California Water Code Section 8106
Nothing in this article shall be construed to authorize the
doing of any work outside the county without the consent of the
legislative body of the...
|
California Water Code Section 8110
The board of supervisors may provide by ordinance for the
organization and government of districts for the following purposes:
(a) To protect and
|
California Water Code Section 8125
"Non-navigable streams," as used in this article, means
streams and washes in a county which are not declared by law to be
navigable and which are...
|
California Water Code Section 8126
The board of supervisors may provide for widening, deepening,
straightening, removing obstructions from, and otherwise improving
non-navigable...
|
California Water Code Section 8127
The board may make regulations for the use of the streams and
the repair and control of the works.
|
California Water Code Section 8128
No regulations of the board nor improvements directed by it
to be made shall in any manner interfere with the private rights or
privileges of...
|
California Water Code Section 8129
Whenever, in the opinion of the board of supervisors, the
general fund is insufficient to defray the cost of the improvements
provided for under this
|
California Water Code Section 8150
As used in this chapter, "drainage improvement" means any
storm drain improvement, drainage improvement, or drainage system,
authorized to be...
|
California Water Code Section 8151
As used in this chapter, "date of transfer" means (a) the
date of the resolution of the governing body of a flood control
district accepting any...
|
California Water Code Section 8152
As used in this chapter "city" includes city and county, and
"county" does not include city and county.
|
California Water Code Section 8155
Drainage improvements authorized to be transferred and
conveyed by this article are those which lie within the territorial
limits of the flood...
|
California Water Code Section 8156
Any county within the limits of which there are drainage
improvements within any of the classes mentioned in Section 8155 may,
by a four-fifths vote...
|
California Water Code Section 8157
The flood control district to which such drainage
improvements are transferred shall, upon acceptance of such transfer
by four-fifths vote of the...
|
California Water Code Section 8158
From and after the date of transfer no tax shall be levied
upon the lands within any such drainage district for the payment of
the subsequently...
|
California Water Code Section 8160
Any city within the limits of which any drainage improvement
has been constructed, and which drainage improvement also lies within
the territorial...
|
California Water Code Section 8161
Thereupon the flood control district shall assume and provide
for the operation, maintenance, repair, and improvement of such
drainage improvements.
|
California Water Code Section 8162
From and after the date of transfer such flood control
district is solely liable for the payment of the principal upon the
general obligation bonds...
|
California Water Code Section 8163
From and after the date of transfer no tax shall be levied
upon the lands within any such drainage district for the payment of
the subsequently...
|
California Water Code Section 8164
The proceeds of the collection of such drainage district
taxes and assessments shall be applied solely and exclusively to the
payment of the...
|
California Water Code Section 8165
The legislative body of the county or city which conducted
the proceedings for the organization of such drainage improvement
districts may do all of...
|
California Water Code Section 8200
This chapter shall be known and may be cited as the Local
Flood Protection Planning Act.
|
California Water Code Section 8201
(a) A local agency may prepare a local plan of flood
protection in accordance with this chapter.
(b) A local plan of flood protection shall...
|
California Water Code Section 8300
The department may make examinations of lands subject to
inundation and overflow by flood waters and of the waters causing the
inundation or overflow
|
California Water Code Section 8301
Whenever the law provides for any drainage or improving or
rectifying river channels or other work on any river or slough
flowing into San Francisco...
|
California Water Code Section 8302
The department shall have charge of all expenditures unless
otherwise provided by law for all public works relating to general
river and harbor...
|
California Water Code Section 8303
The department may purchase, construct and operate one or
more dredges or any other needed appliances to promote or properly
carry out the work of...
|
California Water Code Section 8304
The department may obtain or condemn any right-of-way
necessary for any construction under this chapter.
|
California Water Code Section 8306
(a) Notwithstanding any other provision of law, the
department may provide meals and other necessary support to any
person, including, but not...
|
California Water Code Section 8306
(a) Notwithstanding any other provision of law, the
department may provide meals and other necessary support to any
person, including, but not...
|
California Water Code Section 8307
(a) A city or county may be required to contribute its fair
and reasonable share of the property damage caused by a flood to the
extent that the city
|
California Water Code Section 8325
The Legislature finds and declares the following:
(a) A large portion of the land resources of the state is subject
to recurrent flooding causing...
|
California Water Code Section 8326
For the purpose of providing state cooperation under a
national flood insurance program, the department may:
(a) Cooperate with the United States...
|
California Water Code Section 8350
The approval and adoption, by and on behalf of the State of
California, of the conditions, plans, construction, and mode of
maintenance and operation
|
California Water Code Section 8360
On behalf of the State the department has supervisory powers
over the maintenance and operation of the flood control works of the
Sacramento River...
|
California Water Code Section 8361
The department shall maintain and operate on behalf of the
state the following units or portions of the works of the Sacramento
River Flood Control...
|
California Water Code Section 8362
The department may contribute funds to the United States and
expend funds appropriated or otherwise available to provide all
lands, easements, and...
|
California Water Code Section 8370
It is the responsibility, liability and duty of the
reclamation districts, levee districts, protection districts,
drainage districts, municipalities,
|
California Water Code Section 8371
The department shall, in connection with the flood control
works of the Sacramento River Flood Control Project, make inspections
and prepare reports...
|
California Water Code Section 8400
This chapter may be cited as the Cobey-Alquist Flood Plain
Management Act.
|
California Water Code Section 8401
The Legislature finds and declares that:
(a) A large portion of the state's land resources is subject to
recurrent flooding by overflow of streams
|
California Water Code Section 8402
Unless the context otherwise requires, the following
definitions apply throughout this chapter:
(a) "Department" means Department of Water...
|
California Water Code Section 8403
Prior to the establishment by a public agency of flood plain
management regulations, the public agency may request and receive a
review by the...
|
California Water Code Section 8404
Where adequate personnel are not available to a public agency
to prepare the necessary flood routing or other engineering data
needed for support of...
|
California Water Code Section 8410
Flood plain regulations established to comply with
requirements of Section 8411 shall meet the following criteria:
(a) Construction of structures...
|
California Water Code Section 8410.5
All public agencies shall comply with flood plain
regulations established to meet the requirements of Section 8411.
For the purposes of this section,
|
California Water Code Section 8411
Within any area classified "designated floodway" by the
department or board after completion of a federal project report the
appropriate public...
|
California Water Code Section 8412
The department or board shall review the adequacy of flood
plain regulations established by a public agency to meet the
requirements of Section 8411,
|
California Water Code Section 8413
Flood plain regulations adopted pursuant to Section 8412
shall take effect 60 days from the date of adoption by the public
agency and shall be deemed
|
California Water Code Section 8414
If a public agency fails to adopt flood plain regulations
pursuant to Section 8411, or fails to adopt new flood plain
regulations within 180 days of...
|
California Water Code Section 8414.2
No public agency shall revise flood plain regulations
established to meet the requirements of Section 8411 or shall grant a
variance from such...
|
California Water Code Section 8415
The department and the board, within their respective
jurisdictions as provided in this chapter, shall establish general
policy and may prescribe...
|
California Water Code Section 8450
The Legislature finds and declares as follows:
(a) Although the levees of flood control projects in this state
have in the past been considered to
|
California Water Code Section 8451
It is the intent of the Legislature, in providing for state
participation in the additional costs attributable to the
non-flood-control activities...
|
California Water Code Section 8452
Wherever the words "department or the Reclamation Board" are
used together in this chapter, they shall mean the Reclamation Board
as to any flood...
|
California Water Code Section 8453
Notwithstanding any other provision of law to the contrary,
it is the intention of the Legislature that the state shall pay 50
percent of the costs...
|
California Water Code Section 8454
Local agencies maintaining project facilities under the State
Water Resources Law of 1945 shall be eligible for reimbursement
pursuant to the...
|
California Water Code Section 8455
Local agencies entering into agreements with the state shall
annually prepare a work program and estimate of cost for conducting
any maintenance...
|
California Water Code Section 8456
Administrative costs incurred by the department or the
Reclamation Board under this chapter in any fiscal year shall not
exceed 10 percent of the...
|
California Water Code Section 8457
State expenditures for the purposes of this chapter shall not
exceed the amount of two hundred thousand dollars ($200,000) per
year.
|
California Water Code Section 8500
The "Sacramento and San Joaquin Drainage District" is
continued in existence.
|
California Water Code Section 8501
The boundaries of the district are set forth and described in
Chapter 170, Statutes and Amendments to the Codes, California, 1913,
and the...
|
California Water Code Section 8502
The management and control of the district are vested in the
reclamation board.
|
California Water Code Section 8503
The district is a body corporate and politic and may sue and
be sued.
|
California Water Code Section 8504
The district may acquire, own, hold, use, and enjoy any and
all properties necessary for the purposes of the district.
|
California Water Code Section 8520
Unless the context otherwise requires the definitions
hereinafter set forth shall govern the construction of this part of
this division of this code.
|
California Water Code Section 8521
"Board" means the Central Valley Flood Protection Board. Any
reference to the Reclamation Board in this or any other code means
the Central Valley...
|
California Water Code Section 8522
"Drainage district" means the Sacramento and San Joaquin
Drainage District.
|
California Water Code Section 8522.3
"Facilities of the State Plan of Flood Control" means the
levees, weirs, channels, and other features of the State Plan of
Flood Control.
|
California Water Code Section 8522.3
"Facilities of the State Plan of Flood Control" means the
levees, weirs, channels, and other features of the State Plan of
Flood Control.
|
California Water Code Section 8522.5
"Project levee" means any levee that is a part of the
facilities of the State Plan of Flood Control.
|
California Water Code Section 8522.5
"Project levee" means any levee that is a part of the
facilities of the State Plan of Flood Control.
|
California Water Code Section 8523
"State Plan of Flood Control" means the state and federal
flood control works, lands, programs, plans, policies, conditions,
and mode of maintenance...
|
California Water Code Section 8523
"State Plan of Flood Control" means the state and federal
flood control works, lands, programs, plans, policies, conditions,
and mode of maintenance...
|
California Water Code Section 8525
The report of the California Debris Commission transmitted to
the Speaker of the House of Representatives of the United States by
the Secretary of...
|
California Water Code Section 8526
The board in conjunction with the California Debris
Commission shall execute the plan approved by this chapter, and the
board may make such...
|
California Water Code Section 8527
For the purpose of cooperating in the carrying out and
completion of the plan approved in Section 8525, and on condition
that the United States will...
|
California Water Code Section 8528
The intent of the next preceding section is to provide for
substantially equal contributions by the United States, the State and
local interests to...
|
California Water Code Section 8529
All money appropriated under authority of Section 8527 shall
be expended in accordance with the plans, specifications and
recommendations of the...
|
California Water Code Section 8530
The board shall have control and jurisdiction over the plans
of the California Debris Commission and such other plans as may be
adopted by the board,
|
California Water Code Section 8531
The Statutes of California as existing on April 1, 1923,
shall be observed and followed:
(a) In all plans, hearings, notices and proceedings...
|
California Water Code Section 8532
The State has a primary interest in adequately protecting
lands overflowed, or subject to overflow, in confining the waters of
rivers, tributaries,...
|
California Water Code Section 8533
The State has a primary and supreme interest in having
erected, maintained and protected on the banks of the Sacramento and
San Joaquin Rivers, their
|
California Water Code Section 8534
The board at all times shall enforce on behalf of the State
the erection, maintenance and protection of such levees, embankments
and channel...
|
California Water Code Section 8536
The board has no power, jurisdiction, authority or control
over the construction, operation or maintenance of the Central Valley
Project or any part...
|
California Water Code Section 8538
No county or public officer shall charge or receive any fee
for any of the services required to be performed by him under the
provisions of this...
|
California Water Code Section 8539
The Legislature hereby finds and declares that there is an
urgent need for channel clearing and desnagging in many California
waterways, and that...
|
California Water Code Section 8550
(a) The board is continued in existence and shall continue to
exercise and have all of its powers, duties, purposes,
responsibilities, and...
|
California Water Code Section 8551
(a) Except as provided in subdivision (g), the board consists
of nine members who shall be appointed in accordance with this
section.
(b) (1)...
|
California Water Code Section 8552
Each member of the board appointed pursuant to subdivision
(b) of Section 8551 shall receive compensation as follows:
(a) Each member shall...
|
California Water Code Section 8554
The Governor shall select one of the members of the board as
president.
|
California Water Code Section 8555
The board may elect one of its members other than the
president as vice president.
|
California Water Code Section 8556
The vice president shall have the powers and perform the
duties of the president under the following circumstances:
(a) During the president's...
|
California Water Code Section 8557
The board shall have its office in the County of Sacramento.
The office is the principal place of business and legal residence of
the board and of...
|
California Water Code Section 8558
The regular meetings of the board shall be held at times
fixed by the board.
|
California Water Code Section 8559
A majority of the board constitutes a quorum.
|
California Water Code Section 8560
No action of the board shall be effective unless it is
concurred in by a majority of the members of the board.
|
California Water Code Section 8561
Special meetings of the board may be called at any time by
the president or by a majority of the members upon notice given by
mail or telegraph to...
|
California Water Code Section 8562
Any meeting of the board, at its office, when all of the
members are present, is a legal meeting at which any business may be
transacted.
|
California Water Code Section 8563
The board shall keep full and correct minutes of all
proceedings and transactions of all meetings of the board.
|
California Water Code Section 8564
The minutes shall be open for public inspection during office
hours.
|
California Water Code Section 8565
The board shall have a seal of such device as the board may
adopt.
|
California Water Code Section 8566
The seal of the board is also the seal of the drainage
district.
|
California Water Code Section 8567
A copy of any record of the board, certified by its secretary
or assistant secretary to be a true copy, and attested by the seal
of the board, is...
|
California Water Code Section 8568
For making a copy of any of its records the board may charge
and collect the actual reasonable cost of making the copy, including
the time of its...
|
California Water Code Section 8569
The board may require a deposit in advance sufficient to
cover the charges for copying and certifying copies of its records.
|
California Water Code Section 8570
All money collected for copying and certifying copies of the
board's records shall be paid monthly to the State Treasurer and
credited to the balance
|
California Water Code Section 8571
The board may adopt, amend or repeal rules to promote the
convenient, orderly and just conduct of the business of the board and
of the drainage...
|
California Water Code Section 8572
The rules may be suspended or compliance therewith may be
waived by the board at any meeting to such extent as may be deemed
proper.
|
California Water Code Section 8575
A member of the board shall comply with the conflict of
interest requirements of Section 87100 of the Government Code when
voting to carry out any...
|
California Water Code Section 8576
No member of the board shall be held personally liable on any
obligation or liability of any kind or character arising out of the
claim that he has...
|
California Water Code Section 8577
(a) A board member shall not participate in any board action
or attempt to influence any decision or recommendation by any
employee of, or consultant
|
California Water Code Section 8577
(a) A board member shall not participate in any board action
or attempt to influence any decision or recommendation by any
employee of, or consultant
|
California Water Code Section 8578
(a) For the purposes of this section, "ex parte communication"
means any oral or written communication concerning matters, other
than purely...
|
California Water Code Section 8578
(a) For the purposes of this section, "ex parte communication"
means any oral or written communication concerning matters, other
than purely...
|
California Water Code Section 8580
(a) The board may appoint an executive officer.
(b) The board may appoint a chief engineer.
(c) The board may employ legal counsel and other...
|
California Water Code Section 8580
(a) The board may appoint an executive officer.
(b) The board may appoint a chief engineer.
(c) The board may employ legal counsel and other...
|
California Water Code Section 8585
The president, any member of the board, the secretary,
assistant secretary, general manager and chief engineer may
administer oaths and take and...
|
California Water Code Section 8590
To carry out the primary state interest described in Section
8532, the board may do any of the following:
(a) Acquire either within or outside the
|
California Water Code Section 8590.2
In acquiring interests in land necessary for the purposes
specified in Section 8590 and notwithstanding the provisions of
Section 8676, the board in...
|
California Water Code Section 8591
The board has no power, authority, or jurisdiction, either
directly or indirectly, except as provided in this division, to incur
any indebtedness or...
|
California Water Code Section 8592
The board has the same power, authority and jurisdiction in
reference to the adoption and carrying to completion of any work or
project involved in...
|
California Water Code Section 8593
The board may acquire by eminent domain in the name of the
drainage district any property necessary for any of the purposes set
forth in this part.
|
California Water Code Section 8596
The board may maintain actions in the name of the people of
the State to restrain, or to recover damages for, the doing of any
act or thing that may...
|
California Water Code Section 8597
Any damages so recovered shall be deposited with the State
Treasurer to the credit of the drainage district and the assessment
for the particular...
|
California Water Code Section 8598
The board may also do any of the following:
(a) Establish a standard of levee construction.
(b) Do any and all things necessary or incident to...
|
California Water Code Section 8598.5
Notwithstanding Section 6402 of the Public Resources Code,
the board may sell or lease surplus real property which is held in
fee by the Sacramento...
|
California Water Code Section 8599
The board may undertake any construction work that it is
authorized to do by this part, free from any control or jurisdiction
of the department.
|
California Water Code Section 8600
Subject to the provisions of the State Contract Act any
construction work undertaken by the board may be done wholly or
partly by contract let by the
|
California Water Code Section 8600.5
(a) The governing body of a public entity that is
authorized by law to construct, manage, maintain, or repair levees,
channels, or other flood...
|
California Water Code Section 8601
The board may construct, purchase, rent, sell or exchange
dredgers, machines, appliances, tools, apparatus and other property
necessary or convenient
|
California Water Code Section 8602
The cost of the equipment and property shall be apportioned
to and paid from the funds raised from the several assessments levied
or to be levied by...
|
California Water Code Section 8603
The board may rent for use by others idle dredgers or other
equipment.
|
California Water Code Section 8604
The rental received shall be paid to the State Treasurer and
credited to the balance remaining unexpended of the assessments
against which the cost...
|
California Water Code Section 8605
The board may inspect and supervise any work done or under
construction pursuant to the provisions of this part.
|
California Water Code Section 8606
The board may insert a stipulation providing for such
inspection and supervision in any order, contract or other
instrument, relating to the work...
|
California Water Code Section 8608
The board shall establish and enforce standards for the
maintenance and operation of levees, channels, and other flood
control works of an authorized
|
California Water Code Section 8609
(a) The board may designate floodways throughout the
Sacramento and San Joaquin Rivers drainage to control encroachments
in, and to preserve the flow
|
California Water Code Section 8610
The board shall offer to lease to the Department of Fish and
Game, or to an appropriate public resource protection or public
conservation agency or...
|
California Water Code Section 8610.5
(a) (1) The board shall adopt regulations relating to
evidentiary hearings pursuant to Chapter 4.5 (commencing with Section
11400) of Part 1 of...
|
California Water Code Section 8611
(a) Except as provided in subdivision (b), prior to
construction at a site of a flood control, channel clearance, or bank
stabilization project, the...
|
California Water Code Section 8612
(a) On or before December 31, 2008, the department shall
prepare, and the board shall adopt, a schedule for mapping areas at
risk of flooding in the...
|
California Water Code Section 8612
(a) On or before December 31, 2008, the department shall
prepare, and the board shall adopt, a schedule for mapping areas at
risk of flooding in the...
|
California Water Code Section 8613
(a) The board or the department may establish a program of
mitigation banking for the activities of the board or the department
under this part and...
|
California Water Code Section 8613
(a) The board or the department may establish a program of
mitigation banking for the activities of the board or the department
under this part and...
|
California Water Code Section 8615
The board may, in cooperation with the United States, adopt
and carry out any plan or plans or project of flood control in the
Sacramento or San...
|
California Water Code Section 8616
It is the intent of this article to enlarge and extend the
power, jurisdiction and authority of the board outside the drainage
district to the extent
|
California Water Code Section 8617
The board may give assurances satisfactory to the Secretary
of Defense of the United States that the state will do all of the
following:
(a)...
|
California Water Code Section 8617.1
Notwithstanding any of the provisions of Chapters 1 and 3
(commencing with Sections 12570 and 12800, respectively) of Part 6 of
Division 6, the board
|
California Water Code Section 8617.5
(a) In connection with any work done on projects authorized
by the board in the repair or reconstruction of levees or other
flood control works...
|
California Water Code Section 8618
All political subdivisions, agencies of the State, and
municipal and quasi-municipal corporations may make agreements with
the board obligating...
|
California Water Code Section 8619
In case any land, right of way, or easement is needed and is
required to be provided free of cost to the State or the United
States for any work of...
|
California Water Code Section 8620
Whenever any work to be done by the board of the drainage
district under any of the provisions of this part is such that it can
be so done in...
|
California Water Code Section 8621
Notwithstanding any of the provisions of Chapters 1 and 3 of
Part 6 of Division 6, the board, with the approval of the Department
of Finance, may,...
|
California Water Code Section 8622
Notwithstanding any of the provisions of Chapters 1 and 3
(commencing with Sections 12570 and 12800 respectively) of Part 6 of
Division 6, the board...
|
California Water Code Section 8623
Notwithstanding any of the provisions of Chapter 1
(commencing with Section 12570) and Chapter 3 (commencing with
Section 12800) of Part 6 of...
|
California Water Code Section 8630
As used in this article the term "levee" means any levee
within the Sacramento and San Joaquin Drainage District.
|
California Water Code Section 8631
The board may promote the construction, completion,
maintenance and repair of levees along all rivers, streams, overflow
channels, basins and...
|
California Water Code Section 8632
Whenever any levee is in the opinion of the board
insufficient or necessary for flood control, the board shall publish
notice to that effect.
|
California Water Code Section 8633
The published notice shall state that the levee is
insufficient or necessary, that it is the intention of the board to
construct, repair or complete...
|
California Water Code Section 8634
The notice shall be signed in the name of the board by its
president and secretary and shall be published once a week for three
weeks in some...
|
California Water Code Section 8635
The giving of the notice by publication shall be complete on
the twenty-first day after the first publication.
|
California Water Code Section 8636
Any landowner, reclamation district, drainage district, levee
district, municipal corporation or other organization or association
authorized by law...
|
California Water Code Section 8637
The application shall be in writing and signed by the
applicants or their respective executors, administrators, guardians,
trustees or duly...
|
California Water Code Section 8638
The application shall be filed in the office of the board.
|
California Water Code Section 8639
When an application is filed within the required 30 days, the
applicants shall have 60 days after filing the application, or any
further time that...
|
California Water Code Section 8640
The application for leave to construct, repair or complete a
levee shall designate the name and post-office address of at least
one and not more than
|
California Water Code Section 8641
In case there are two or more applications filed in the
office of the board within the required 30 days the board may
determine which of such...
|
California Water Code Section 8642
Any levee constructed or work done by the applicants,
pursuant to notice from the board and according to plans and
specifications approved by the...
|
California Water Code Section 8643
If the application is not filed in the office of the board
within 30 days after completion of the giving of notice by
publication, or if the...
|
California Water Code Section 8644
The assessment may be either an assessment specially levied
and assessed for that purpose, or any assessment levied and assessed
by the board and...
|
California Water Code Section 8645
Notwithstanding anything in this article the board may
determine a case of emergency exists requiring immediate action to
preserve life or property...
|
California Water Code Section 8646
The board may do the necesssary work immediately for the
protection or preservation of the levee, without giving the notice
provided for in this...
|
California Water Code Section 8647
The board may pay the cost, including any damage that may
result from the performance of the work, by an assessment to be
levied and assessed as...
|
California Water Code Section 8650
As used in this article, the following terms have the
following meaning:
(a) "Consolidated permit or approval" means a permit or approval...
|
California Water Code Section 8650.6
The secretary shall convene, in a duly noticed public
hearing, those permitting agencies with jurisdiction over urgent
levee repairs for the purposes
|
California Water Code Section 8650.7
Nothing in this article affects the requirements, duties,
or authority established by statute or regulation on a permitting
agency.
|
California Water Code Section 8650.8
This article shall remain in effect only until July 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before...
|
California Water Code Section 8655
The board may determine that any land acquired by the
drainage district and deeded to the State for any right of way for
river improvement work or...
|
California Water Code Section 8656
The Department of General Services upon request of the board
may sell the excess land at a purchase price determined upon by the
board.
|
California Water Code Section 8657
The Department of General Services when authorized by the
board may execute and deliver in the name and on behalf of the state,
a conveyance of such...
|
California Water Code Section 8658
The purchase price when paid to the State Treasurer shall be
credited to such fund as the board directs.
|
California Water Code Section 8659
All or any part of any land, right-of-way or easement
required for any work of channel excavation, enlargement,
rectification or control or for any...
|
California Water Code Section 8660
The Department of General Services may execute and deliver
pursuant to the next preceding section a conveyance in the name and
on behalf of the state
|
California Water Code Section 8661
The purchase price, when paid to the State Treasurer, shall
be credited back to the appropriation out of which the cost of
acquiring the land, right...
|
California Water Code Section 8662
Any lease of property of the drainage district for the
production of oil, gas or other hydrocarbons may be made upon such
consideration or for such...
|
California Water Code Section 8663
The board, before ordering the lease of any property pursuant
to the next preceding section, shall, in a regular open meeting,
adopt a resolution...
|
California Water Code Section 8664
The resolution shall:
(a) Describe the property proposed to be leased in such manner as
to identify it.
(b) Specify the minimum rental or...
|
California Water Code Section 8665
The meeting shall be held at the board's regular place of
meeting, at which meeting sealed proposals to lease the property will
be received and...
|
California Water Code Section 8666
Notice of the adoption of the resolution and of the time and
place for holding the meeting shall be given by publishing a notice
containing the...
|
California Water Code Section 8667
At the time and place fixed in the resolution for the meeting
of the board, all sealed proposals which have been received shall,
in public session,...
|
California Water Code Section 8668
Upon a call for oral bidding, at the session, any person may
offer to lease the property upon the terms and conditions specified
in the resolution...
|
California Water Code Section 8669
The highest of any of the oral bids made by a responsible
person shall be finally accepted.
|
California Water Code Section 8670
The board may make a final acceptance either at the same
session or at any adjourned session of the same meeting held within
the 10 days next...
|
California Water Code Section 8671
The board may, at such session, if it deems the action to be
for the best public interest, reject any and all bids either written
or oral, and...
|
California Water Code Section 8672
The resolution of acceptance of any bid shall provide for the
proper execution of a lease upon behalf of the drainage district,
and delivery of the...
|
California Water Code Section 8673
The board, in lieu of leasing property as provided in this
article, if it deems such action to be for the best public interest,
may lease lands for...
|
California Water Code Section 8674
No joint lease shall be entered into until after adoption of
a resolution and publication of notice as provided in this article
and after a public...
|
California Water Code Section 8675
A joint lease shall provide for the payment of a minimum
royalty to the drainage district of not less than 15 per cent of the
value of the oil, gas...
|
California Water Code Section 8676
Whenever the board has acquired or shall in the future
acquire title in fee to any land in the name and in behalf of the
district and whenever, in...
|
California Water Code Section 8677
All oil, gas, oil shale, coal, phosphate, sodium, gold,
silver, and all other mineral deposits in the land are reserved to
the State and shall be...
|
California Water Code Section 8678
Every lease, rental, letting or license to use real property
owned in fee by the Sacramento and San Joaquin Drainage District,
which is executed by...
|
California Water Code Section 8679
Revenues, rents, and proceeds from sale of crops from lands
under control of the board shall be paid into the State Treasury as
follows:
(a) To...
|
California Water Code Section 8685
The board may determine that any construction, repair work,
maintenance, or operation of flood control works or structures shall
be done by the...
|
California Water Code Section 8686
The plans and specifications for the work shall be prepared
and approved by the board and delivered to the department with a
request that the work be
|
California Water Code Section 8687
The work shall be done under the sole charge and direct
control of the department.
|
California Water Code Section 8688
The cost and expenses incurred by the department in
connection with work under this article is a legal charge against the
drainage district and shall
|
California Water Code Section 8689
Any contract let by the department for any work under this
article shall be approved by the board before becoming effective.
|
California Water Code Section 8690
Any cash, bond, check or other security forfeited by any
bidder or contractor for failure to enter into or to perform any
contract for doing work...
|
California Water Code Section 8691
Any forfeiture, as soon as received or recovered, shall be
paid to the State Treasurer and placed to the credit of the
assessment out of which the...
|
California Water Code Section 8692
The board may furnish to the department any of its dredges,
machines, appliances, tools, apparatus or other property which may be
necessary or...
|
California Water Code Section 8693
The department shall advise and assist the board.
|
California Water Code Section 8694
The department shall be reimbursed by the board for any
necessary expenses incurred by it under the direction of the board.
|
California Water Code Section 8695
The department may at its option appoint the chief engineer
of the board to act also as its assistant in the performance of the
duties required of it
|
California Water Code Section 8696
The compensation of the chief engineer while acting also as
assistant to the department shall be apportioned as may be agreed
upon between the board...
|
California Water Code Section 8697
All maps, records and engineering data prepared or obtained
by the department for the use of the board shall be deposited in the
office of the board...
|
California Water Code Section 8698
It is the intent of the Legislature that the board shall
cooperate with the department in all matters of mutual concern to the
fullest extent...
|
California Water Code Section 8700
Whenever so required and notified by the board the owner and
the operator of any railroad, electric railroad, wire line, wagon
road or other...
|
California Water Code Section 8701
The draws or appliances shall be opened for any person
desiring to pass who gives reasonable notice and pays a fee of fifty
dollars ($50).
|
California Water Code Section 8702
The draws or appliances shall be located at points designated
by the board.
|
California Water Code Section 8703
A failure to comply with any of the preceding provisions of
this article renders the owner or operator of any of the structures
liable to any person...
|
California Water Code Section 8704
The board may enforce compliance with the provisions of this
article by mandamus, mandatory injunction or by any other appropriate
remedy authorized...
|
California Water Code Section 8705
The remedies provided by this article are not exclusive of,
but shall be concurrent with and in addition to, any other remedy
which may exist by law.
|
California Water Code Section 8706
The board may maintain actions in the name of the State to
compel by injunction the owner or owners of any bridge, trestle, wire
line, viaduct, or...
|
California Water Code Section 8707
The board may in the case of existing works compel the
removal or alteration of structures or obstructions that impede the
free flow of water.
|
California Water Code Section 8708
Whenever assurances shall have been given to the Secretary of
War pursuant to Article 2 of Chapter 3 of this part, that the State
will maintain and...
|
California Water Code Section 8709
Any use of any such land, right of way, or easement in
violation of the preceding section, whether for cultivation, planting
of crops or trees,...
|
California Water Code Section 8709.2
"Water side of levee" means the area on the levee slope
between the edge of the crown nearest the water to the water side
levee toe.
|
California Water Code Section 8709.3
(a) Fences that are designed to give way during high water
events shall not be allowed on the water side of a levee. Fences on
the water side of a...
|
California Water Code Section 8709.4
(a) Before taking action to remove or modify encroachments
on levees, channels, and other flood control works pursuant to powers
granted by this part
|
California Water Code Section 8710
Every plan of reclamation, flood control, drainage,
improvement, dredging or work, that includes or contemplates the
construction, enlargement,...
|
California Water Code Section 8710.1
The provisions of Section 8710 shall not apply to any work
of interior irrigation or drainage upon reclaimed land, which work is
not actually on,...
|
California Water Code Section 8710.5
Whenever any irrigation, drainage, levee, or flood control
district makes application for the approval required by the next
preceding section, all of
|
California Water Code Section 8711
Any such plan is void until approved by the board, and no
work shall be done without the permission of the board.
|
California Water Code Section 8712
No levee along a river or by-pass at any of the places
mentioned in this article, nor any levee forming part of any of the
plans of flood control...
|
California Water Code Section 8713
The owner of any existing levee at any of the places
mentioned in this article may raise, widen, or strengthen the levee,
if before work is...
|
California Water Code Section 8714
No claim shall ever be made against the board or the drainage
district for compensation, through or by assessment or otherwise,
for any part of the...
|
California Water Code Section 8715
Any existing levee may be protected or strengthened in case
of emergency during the season of flood water, where it is in danger
of injury or...
|
California Water Code Section 8716
Notice of emergency work shall be immediately given to the
board.
|
California Water Code Section 8717
All emergency work shall be subject to the subsequent
approval of the board, and the board may require its removal or
alteration if not approved.
|
California Water Code Section 8718
No levee, embankment or other structure within any by-pass or
overflow channel adopted by the board shall be raised, widened,
strengthened or altered
|
California Water Code Section 8719
The doing of any act or construction of any work mentioned in
this article, or permitting the work to remain after such
construction, without the...
|
California Water Code Section 8720
Any person who does any act contrary to or in violation of
any of the provisions of this article is guilty of a misdemeanor.
|
California Water Code Section 8721
Any plans or specifications adopted or approved by the board
for any work to be done pursuant to this part may be changed or
altered, with the...
|
California Water Code Section 8722
The board may at any time change or alter the plans or
specifications for work undertaken upon its own initiative.
|
California Water Code Section 8723
The board may refuse to approve any such plan if in the
judgment of the board the plan will or may
1. Be injurious to or damage any works...
|
California Water Code Section 8730
Any hearing before the board may be conducted upon sworn
testimony of the applicants or witnesses except in the case of
reports or investigations...
|
California Water Code Section 8730.1
The board shall acknowledge the receipt of all applications
in writing within 10 days of receipt. All applications shall be
acted upon within 90...
|
California Water Code Section 8730.2
Applicants shall be informed of the staff recommendations
concerning the application at least seven days prior to being acted
upon.
This section...
|
California Water Code Section 8730.3
Applicants shall identify the names and addresses of
contiguous landowners. Contiguous landowners so identified shall be
informed of pending...
|
California Water Code Section 8731
The board may meet at any place in the State for a hearing or
partial hearing of any application coming before it.
|
California Water Code Section 8732
The board may hold a hearing or partial hearing before a
committee of one or more members of the board, or before the general
manager or chief...
|
California Water Code Section 8732.5
All hearings or partial hearings shall be open and public.
|
California Water Code Section 8733
The hearing officer shall take and report the evidence to the
board.
|
California Water Code Section 8734
The board may require the applicant to pay all or part of the
expenses of any outside hearing, if held at the request of the
applicant.
|
California Water Code Section 8735
The expenses shall include traveling expenses of the members,
officers or employees of the board, expenses of stenographic
reporting and transcribing
|
California Water Code Section 8736
All money collected as compensation for the time of the
members, officers or employees of the board shall be paid by the
board into the State...
|
California Water Code Section 8737
The board may provide for the taking at any place of the
deposition under oath of any witness for or against any application
pending before the...
|
California Water Code Section 8738
The deposition shall be taken before a notary public or other
officer or person authorized by law or by this part to administer
oaths.
|
California Water Code Section 8739
The deposition shall be certified and returned to the office
of the board in the manner provided by law for certifying and
returning depositions in...
|
California Water Code Section 8740
When taken and certified pursuant to this article the
deposition may be read in evidence before the board at the hearing of
the application.
|
California Water Code Section 8741
An affidavit may be used to prove the service or publication
of any notice required or provided for by any of the provisions of
this part in the same
|
California Water Code Section 8742
In addition to the notices required by this part, the board
may in its discretion give such notice as it may deem proper, by
publication, mailing or...
|
California Water Code Section 8750
Whenever in the opinion of the board it is necessary to levy
an assessment upon any lands within the drainage district for any of
the purposes...
|
California Water Code Section 8751
The estimate shall include the following:
(a) The expenses of bonding the assessment if authorized by law,
other than an assessment to pay the...
|
California Water Code Section 8752
The plans to be carried out shall be divided by the board
into separate projects or units in such manner as will in its
judgment best facilitate the...
|
California Water Code Section 8753
Each separate and particular project or unit shall include
all by-passes, cuts, canals, sumps, levees, pumping plants and other
works of flood...
|
California Water Code Section 8754
The board shall enter in the minutes of the board a
resolution to the effect that the execution of each separate project
or unit which they determine
|
California Water Code Section 8755
Each project or unit shall be designated by the board in the
resolution by name and number.
|
California Water Code Section 8756
All assessments, plans and funds intended for or connected
with the execution of each project or unit shall be designated by
name and number and kept
|
California Water Code Section 8757
In determining the benefits that will or may accrue to each
particular tract of land by the construction or maintenance of the
works contemplated by...
|
California Water Code Section 8758
No land shall be considered as benefited by the construction
or maintenance of the works embraced in a project or unit, nor shall
any land be...
|
California Water Code Section 8759
Whenever an assessment has been levied by the board upon land
in the district for general administrative expenses and other
expenses not pertaining...
|
California Water Code Section 8760
The board shall levy and cause to be assessed, equalized and
collected in the manner provided in this part, an assessment to the
amount of the...
|
California Water Code Section 8761
Whenever in the opinion of the board it appears that the
total amount of any assessment previously levied and assessed and
which has become a lien...
|
California Water Code Section 8762
The portions of the assessment to be first abandoned and
released shall be such portions of the charges on each tract as are
based upon flood control
|
California Water Code Section 8763
No assessment upon any tract shall be released or abandoned
in pursuance to Section 8761 until all delinquent installments which
have accrued...
|
California Water Code Section 8764
The resolution shall be annexed by the county treasurer to
the assessment list of the assessment for his county.
|
California Water Code Section 8765
When any payment has been made upon an assessment so
abandoned and released, in whole or in part, the board may issue such
warrants in the manner...
|
California Water Code Section 8766
The board may in its discretion abandon any assessment in
whole or in part at any time prior to the time when the lien of the
assessment has accrued...
|
California Water Code Section 8767
In all cases in which an assessment is levied upon land
within the drainage district, and the assessment upon any tract is
thereafter adjudged...
|
California Water Code Section 8768
Instead of proceeding under the next preceding section a
subsequent reassessment of the tract may be made separately for the
purpose of charging the...
|
California Water Code Section 8769
In case of any change of county boundary lines or creation of
any new county, all acts and proceedings provided for in this
chapter relating to any...
|
California Water Code Section 8770
The board has no power or authority to levy any assessment
for any purpose upon property outside of the boundaries of the
drainage district.
|
California Water Code Section 8771
Assessments shall be numbered consecutively.
|
California Water Code Section 8772
The Reclamation Board shall, by resolution entered in its
minutes, order the release of the lien and abandonment of the charges
against tracts...
|
California Water Code Section 8773
In pursuance to Section 8765, the Reclamation Board, after
June 30, 1946, shall take no action except in accordance with a
judgment of a court of...
|
California Water Code Section 8774
In pursuance to Section 8765, the Reclamation Board, after
June 30, 1946, shall take no action except in accordance with a
judgment of a court of...
|
California Water Code Section 8775
When an assessment is to be levied, the board shall appoint
three assessors.
|
California Water Code Section 8776
The assessors shall be disinterested persons, and shall have
no interest in any real estate within the drainage district.
|
California Water Code Section 8777
Each assessor before entering upon his duties, shall make and
subscribe an oath that he is not in any manner interested in any
real estate within the
|
California Water Code Section 8778
The compensation of assessors shall be fixed and allowed by
the board.
|
California Water Code Section 8779
After the assessors have examined the plan or plans of the
works contemplated and the estimates of the cost, they shall make a
preliminary report to...
|
California Water Code Section 8780
The assessors, after performing their duties pursuant to
Section 8779, shall appoint a time and place in each county in which
any of the land...
|
California Water Code Section 8781
The assessors shall give notice of the hearing in each of the
counties by publication in a newspaper published in the county once
a week for three...
|
California Water Code Section 8782
The notice shall contain a general designation of the land
which will in the assessors' opinion be benefited, and shall refer to
the preliminary...
|
California Water Code Section 8783
The assessors, may amend, modify or change the exterior
boundaries of the land that, in their opinion, will be benefited by
such expenditures.
|
California Water Code Section 8784
The board shall levy an assessment pursuant to this chapter
if, within six months after the completion of the hearings there is
filed with the board,
|
California Water Code Section 8785
If consent in writing is not filed in the manner and at the
time provided, no further expenditures for the project shall be made,
nor shall any...
|
California Water Code Section 8786
If consent is not filed the board may cause an assessment to
be levied in the manner provided in this chapter for the purpose of
paying the necessary
|
California Water Code Section 8787
The assessors shall assess upon the lands within the drainage
district proposed to be assessed for the plans adopted by the board
the sums included...
|
California Water Code Section 8788
The assessors in apportioning the assessment on each tract of
land shall, as information for the board set out, opposite each sum
assessed for each...
|
California Water Code Section 8789
The assessors shall, in the case of all assessments of the
drainage district which may hereafter be levied by the board and all
assessments which...
|
California Water Code Section 8790
The amounts stated and placed opposite each assessment shall
be no part of the assessment and shall in no way affect the
assessment charged against...
|
California Water Code Section 8795
Whenever any tract of land upon which an assessment has been
made, including assessments which have been bonded under and pursuant
to the provisions...
|
California Water Code Section 8796
Assessments and delinquencies on tracts of land which have
become delinquent and which have been sold for delinquency pursuant
to the provisions of...
|
California Water Code Section 8797
Whenever application is made to the board for
reapportionment, the board shall reapportion the assessment upon the
tract or tracts in such manner as...
|
California Water Code Section 8798
Before the reapportionment becomes final, the board shall
appoint a time when it will meet for the purpose of hearing
objections to the...
|
California Water Code Section 8799
Notice of the hearing shall be given by publication for two
weeks in some newspaper of general circulation published in the
county in which the land...
|
California Water Code Section 8800
The notice need not describe the land with particularity, but
it is sufficient to describe the tract or tracts of land subdivided
as a tract or...
|
California Water Code Section 8801
As many tracts may be embraced in one application as
applicant is the owner of, or interested in.
|
California Water Code Section 8802
At the time appointed, or such other time to which the
hearing may be postponed, or which may be appointed by the board, the
board shall hear any...
|
California Water Code Section 8803
When the reapportionment has been made by the board, it shall
deposit, in the office of the county treasurer of the county in
which the land is...
|
California Water Code Section 8804
The filing of the lists shall be conclusive evidence that the
requisite notice has been given, and that all acts required to be
done before the...
|
California Water Code Section 8805
The expenses of publication and such other expenses as the
board may order shall be borne and paid by the applicant.
|
California Water Code Section 8810
The assessors shall make a separate list of the lands
assessed in each county pursuant to the provisions of this chapter.
|
California Water Code Section 8811
The list shall contain a description of the tracts of land
assessed by swamp land surveys, legal subdivisions, or other
boundaries or references...
|
California Water Code Section 8812
The list shall also contain the name of the owner, if known,
or if unknown, that fact, and the amount of the charge assessed
against each tract.
|
California Water Code Section 8813
The name of the owner of land which is or is supposed to be
the property of the estate of a deceased person in course of
administration may be stated
|
California Water Code Section 8814
When there are two or more owners or supposed owners of any
tract of land, partly known and partly unknown, the assessment may be
to the known owner...
|
California Water Code Section 8815
No mistake in the name of the owner, or supposed owner, of
any real estate invalidates the assessment.
|
California Water Code Section 8816
In the assessment list for any county the assessors may use
any abbreviation in common use in that county, without explanation
thereof.
|
California Water Code Section 8817
The assessors may also in the assessment list for any county
make use of other abbreviations, if a schedule and explanation
thereof with reasonable...
|
California Water Code Section 8818
In case any land in the assessment list for any county is
described in whole or in part by reference to a map, plat or survey,
which is on file or of
|
California Water Code Section 8819
The schedule shall be prefixed to the assessment list and
shall set forth with reasonable certainty where each such map, plat
or survey may be found,
|
California Water Code Section 8820
The assessment lists when completed shall be filed with the
secretary of the board and the secretary shall forward to the county
treasurer of each...
|
California Water Code Section 8821
The assessment list shall be open for inspection by the
public for at least 60 days.
|
California Water Code Section 8822
The board shall appoint a time and place not less than 60
days after the assessment list has been filed with the county
treasurer when and where it...
|
California Water Code Section 8823
The notice of hearing in each county shall be filed with the
county treasurer and published once a week for four weeks in some
newspaper published in
|
California Water Code Section 8824
At any time before or during the hearing any person
interested in any land upon which any charge has been assessed, may
file in the office of the...
|
California Water Code Section 8825
The statement shall be verified by the affidavit of the
person objecting or some other person who is familiar with the facts.
|
California Water Code Section 8826
At the hearing, the board shall hear such evidence as may be
offered touching the correctness of the assessment or the manner of
its apportionment.
|
California Water Code Section 8827
The board may modify or amend the assessment, and may
reapportion all or any part of the entire assessment.
|
California Water Code Section 8828
Unless the aggregate amount of the whole of the assessment is
modified or amended by the board so as to cause a difference of more
than 2 1/2 per...
|
California Water Code Section 8829
If the assessment is reapportioned the board shall give two
weeks notice as provided in this article and proceed to hear
objections in each county...
|
California Water Code Section 8830
The decision of the board shall be final, and thereafter the
assessment list shall be conclusive evidence, except in the suit
provided in this...
|
California Water Code Section 8831
Any person interested in any land upon which any charge has
been assessed, who is aggrieved by the decision of the board
approving the assessment,...
|
California Water Code Section 8832
The action shall be commenced within 60 days after the board
has approved the assessment and the assessment list for the county
has been deposited in
|
California Water Code Section 8833
This action shall have preference over all civil actions in
fixing the time of trial.
|
California Water Code Section 8835
As used in this article map means a map or maps prepared by
the assessors appointed for any assessment.
|
California Water Code Section 8836
The assessors appointed for any assesssment may prepare or
cause to be prepared a map for the whole or any part or parts of the
land to be assessed...
|
California Water Code Section 8837
Each of the separate tracts shall be designated on the map by
a distinctive number.
|
California Water Code Section 8838
Each of the maps shall be inscribed and designated as
"reclamation board assessment map No.____," giving each map a
distinctive number.
|
California Water Code Section 8839
Any map may consist of any number of sheets attached together
and designated as one map.
|
California Water Code Section 8840
The map when approved by the board, shall be certified by the
secretary of the board as having been so approved.
|
California Water Code Section 8841
The approved map shall be filed for record in the office of
the county recorder of the county wherein the land indicated on the
map is situated.
|
California Water Code Section 8842
For the purpose of any assessment levied by the board, the
assessment list for any county may, for the description of any tract
of land indicated on...
|
California Water Code Section 8843
Any reference to a map and tract is a sufficient description
of the tract for the purposes of an assessment list, and for the
purposes of the notice...
|
California Water Code Section 8844
No provision of any other statute of this State relative to
the filing or recording of maps in the office of the county recorder
shall apply to the...
|
California Water Code Section 8845
The maps referred to in this article shall have no legal
effect for any purpose except for the convenient reference to and
description of the tract...
|
California Water Code Section 8846
No fee shall be charged by any county recorder for the filing
for record of any map as provided in this article.
|
California Water Code Section 8850
After the board has held the hearings in each county pursuant
to this chapter and the assesssment lists have been made to conform
with its decision,...
|
California Water Code Section 8851
The county treasurer shall indorse upon the assesssment list
the date and time to the hour and minute when it was filed in his
office; and thereafter
|
California Water Code Section 8852
The assessment shall be paid to the respective county
treasurers in one or more installments of such amounts, and at such
time, respectively, as the...
|
California Water Code Section 8853
At any time within 30 days after the assessment list has been
filed in the office of the county treasurer, the whole amount of the
assessment upon...
|
California Water Code Section 8854
The county treasurer shall issue his receipt and shall
endorse the fact and date of the payment in full upon the assessment
list, and thereupon the...
|
California Water Code Section 8855
No interest shall be charged on any assessment paid in full
within this 30-day period.
|
California Water Code Section 8856
All assessments not paid in full within the period of 30 days
shall bear interest at the rate of 7 per cent per annum from and
after the time when...
|
California Water Code Section 8857
The remaining portion not yet ordered paid by the board of
the assessment upon any tract of land may be voluntarily paid in
full, with the accrued...
|
California Water Code Section 8858
If any installment is unpaid at the expiration of 30 days
from the date of the board order calling the installment, the
installment is delinquent,...
|
California Water Code Section 8859
When any installment is delinquent, a penalty of 10 per cent
of the amount of the installment plus interest, shall be added and
collected for the use
|
California Water Code Section 8860
If any action is pending in any court to have the assessment
on any tract of land reviewed, modified or annulled, pursuant to the
provisions of this...
|
California Water Code Section 8861
From date of delinquency until time of delinquent sale, the
unpaid installment, together with added interest and penalty, bears
interest at the rate...
|
California Water Code Section 8862
When the installment is delinquent, the board, when it deems
it advisable, shall publish in each county where the delinquency
exists, a list in one...
|
California Water Code Section 8863
The notice shall contain:
(a) A description of the property assessed as described in the
assessment list by reference number or by other...
|
California Water Code Section 8864
The notice shall also state that each of the parcels will be
sold at public auction by the county treasurer in front of the
courthouse of the county...
|
California Water Code Section 8870
At the time and place stated in the notice of sale, or such
other time to which the sale is postponed, the county treasurer shall
sell each parcel of
|
California Water Code Section 8871
If not completed on the first day the sale may be continued
from day to day and over Sundays and legal holidays until completed.
|
California Water Code Section 8872
No license shall be required of the county treasurer for
conducting the sale.
|
California Water Code Section 8873
No bid for any parcel shall be accepted which is less than
the aggregate sum then due for the installment thereon, together with
accrued interest,...
|
California Water Code Section 8874
If no bid is made for any parcel at the delinquent sale which
is equal to the total amount when due on the parcel, the county
treasurer shall bid in...
|
California Water Code Section 8875
The county treasurer shall execute to each purchaser at the
delinquent sale, including the drainage district, a certificate of
sale which shall be...
|
California Water Code Section 8876
Out of the proceeds of the sales the county treasurer shall
transmit to the State Treasurer the total amount then due on the
property so sold as...
|
California Water Code Section 8877
The county treasurer shall, when directed by the board,
postpone the delinquent sale from time to time for not less than 10
nor more than 30 days by...
|
California Water Code Section 8878
The notice of postponement shall be substantially as follows:
The sale of property for delinquent assessment under (name and
number of assessment)...
|
California Water Code Section 8879
Any person interested in any tract of land sold at the
delinquent sale may redeem the tract at any time within one year
after the date of sale by...
|
California Water Code Section 8880
If no redemption is made within one year the board, upon
demand and the surrender of the certificate of purchase and the
delivery of a certificate of
|
California Water Code Section 8881
The deed conveys to the grantee the land free and clear of
all encumbrances except State, county and municipal taxes,
assessments levied or assessed...
|
California Water Code Section 8882
The unpaid balance of any assessment made by the drainage
district, shall be called in and collected in the same manner as
other assessments, except...
|
California Water Code Section 8883
Each deed by the board purporting to be executed under this
chapter shall be prima facie evidence of the truth of the matters
therein recited and of...
|
California Water Code Section 8884
All deeds required by this chapter to be executed by the
board may be executed by the president and secretary thereof on
behalf of the board.
|
California Water Code Section 8885
Any parcel of land bid in and purchased by the drainage
district at the delinquent sale shall be held in trust for the
assessment under which the...
|
California Water Code Section 8886
The parcels of land specified in Section 8885 may be sold and
conveyed by the board at any time after the expiration of the
redemption period of one...
|
California Water Code Section 8887
Payment for the land purchased pursuant to the provisions of
this chapter shall be made in lawful money of the United States.
|
California Water Code Section 8888
The board, when any land has been sold pursuant to the
provisions of this chapter shall execute a deed to the purchaser at
the sale conveying the...
|
California Water Code Section 8889
When any lands purchased at the delinquent sale by the
drainage district remain unsold then the board shall sell all such
lands so held by the...
|
California Water Code Section 8890
The proceeds of the sale shall be deposited with the State
Treasurer to the credit of the assessment under which the property
became delinquent.
|
California Water Code Section 8935
The board shall cancel all proceedings taken in connection
with the bond issue of the drainage district based upon and secured
by Sutter-Butte...
|
California Water Code Section 8936
The Controller shall request the State Treasurer to transfer
and the Treasurer shall immediately transfer, any and all moneys
deposited in the Bond...
|
California Water Code Section 8937
Immediately upon the bonds authorized and directed to be
canceled by this article being canceled, the board may order that
assessment number six...
|
California Water Code Section 8938
If a supplementary assessment number six is levied by the
board, immediately upon the supplementary assessment number six
becoming a lien upon the...
|
California Water Code Section 8939
Each of the semiannual installments upon each tract shall be
based upon the original principal amount of the assessment on the
tract less any...
|
California Water Code Section 8940
The board may, by order entered in its minutes, postpone or
discontinue from time to time the calling of the semiannual
installments or any of them...
|
California Water Code Section 8941
Any owner or holder of lands within the boundaries of the
drainage district whose lands are subject to the lien of assessment
number six or...
|
California Water Code Section 8942
Any officer mentioned in the next preceding section shall
accept such warrants so presented or tendered in payment of the
assessment, or any part...
|
California Water Code Section 8943
All warrants when received by any officer authorized by law
to receive them shall be by him transmitted to the Controller who
shall give the officer...
|
California Water Code Section 8944
The Controller shall, upon demand of the board, cancel the
warrants and credit the face value thereof, plus the accrued interest
thereon to the date...
|
California Water Code Section 8945
Partial payments on any tract in excess of any regular
installment amount shall be credited to the payment of the principal
amount of the assessment...
|
California Water Code Section 8946
Any and all partial payments of principal may, and upon
request of the person making payment shall, be credited to the
amounts charged against the...
|
California Water Code Section 8950
All money collected upon sales or otherwise shall be paid to
the county treasurer of the county in which the land is situated, and
the money,...
|
California Water Code Section 8951
The money in the Sacramento and San Joaquin Drainage District
Fund shall be paid out upon warrants of the Controller, and the
Controller shall issue...
|
California Water Code Section 8952
The State Treasurer shall pay such Controllers warrants when
there is sufficient money in the fund of the drainage district.
|
California Water Code Section 8938
If a supplementary assessment number six is levied by the
board, immediately upon the supplementary assessment number six
becoming a lien upon the...
|
California Water Code Section 8939
Each of the semiannual installments upon each tract shall be
based upon the original principal amount of the assessment on the
tract less any...
|
California Water Code Section 8940
The board may, by order entered in its minutes, postpone or
discontinue from time to time the calling of the semiannual
installments or any of them...
|
California Water Code Section 8941
Any owner or holder of lands within the boundaries of the
drainage district whose lands are subject to the lien of assessment
number six or...
|
California Water Code Section 8942
Any officer mentioned in the next preceding section shall
accept such warrants so presented or tendered in payment of the
assessment, or any part...
|
California Water Code Section 8943
All warrants when received by any officer authorized by law
to receive them shall be by him transmitted to the Controller who
shall give the officer...
|
California Water Code Section 8944
The Controller shall, upon demand of the board, cancel the
warrants and credit the face value thereof, plus the accrued interest
thereon to the date...
|
California Water Code Section 8945
Partial payments on any tract in excess of any regular
installment amount shall be credited to the payment of the principal
amount of the assessment...
|
California Water Code Section 8946
Any and all partial payments of principal may, and upon
request of the person making payment shall, be credited to the
amounts charged against the...
|
California Water Code Section 8953
All money collected by any of the county treasurers of the
State as assessments of the defunct Sacramento drainage district, and
unexpended in the...
|
California Water Code Section 8955
All money collected from assessments shall be paid out only
on warrants issued for works or other expenses covered by the
assessment from which the...
|
California Water Code Section 8956
Each warrant shall designate the name and number of the
assessment from which it is to be paid.
|
California Water Code Section 8957
Drafts of the board may be presented to the Controller and
warrants drawn against the funds to be raised by an assessment as
soon as the board has...
|
California Water Code Section 8958
In case there are not sufficient funds applicable thereto for
the payment of the warrants when presented to the State Treasurer,
he shall indorse on...
|
California Water Code Section 8959
All such warrants shall be considered as contracts in writing
for the payment of money, and the period prescribed for the
commencement of an action...
|
California Water Code Section 8960
No statute of limitations shall be deemed to have run against
any action upon or affecting any warrant drawn against any
assessment under this part...
|
California Water Code Section 8961
The warrants shall, at any time within the period of four
years, be received in payment of any assessment for work or expenses
for which the warrants
|
California Water Code Section 8962
The board may, at its option, at any time before payment of
any warrant renew it upon application of the owner or holder thereof
by an indorsement...
|
California Water Code Section 8963
Whenever there is sufficient money in the treasury applicable
to the payment of any outstanding warrants of the drainage district,
the State...
|
California Water Code Section 8964
The notice shall be published for 10 days in one newspaper
published in the City of Stockton and one published in the City of
Sacramento.
|
California Water Code Section 8965
After the last publication of the notice the warrants therein
mentioned cease to bear interest.
|
California Water Code Section 8966
The board shall designate a paper in each of the cities of
Stockton and Sacramento which shall be the official papers of the
drainage district for...
|
California Water Code Section 8967
All warrants of the drainage district when received by the
board, Department of Finance, the respective county treasurers or any
other officer...
|
California Water Code Section 8968
The Controller upon demand by the board shall cancel the
warrants and credit the face value thereof, plus accrued interest
thereon to the date of the
|
California Water Code Section 8969
The Controller shall notify the State Treasurer of the
cancellation and the State Treasurer shall then make the proper
entries in his books.
|
California Water Code Section 8970
Whenever any warrant drawn by the Controller upon the State
Treasurer as provided in this chapter has been presented to the State
Treasurer and not...
|
California Water Code Section 8971
When the State Treasurer pays a warrant he shall, in addition
to the amount for which the warrant was drawn, pay the interest
accrued thereon as...
|
California Water Code Section 8972
Whenever any unpaid, outstanding and interest-bearing warrant
drawn by the Controller upon the State Treasurer as provided in this
chapter is...
|
California Water Code Section 8973
The sum of the substituted warrants shall equal the principal
amount of the original warrant.
|
California Water Code Section 8974
The Controller shall credit the original warrant to the fund
upon which it was originally drawn and shall prepare and issue
warrants in accordance...
|
California Water Code Section 8975
When, upon presentation to the State Treasurer, payment can
not be made for want of funds the State Treasurer shall register the
warrants as of the...
|
California Water Code Section 8976
The Department of Finance may, out of any funds of the State
which it is authorized by law to invest, purchase at their face value
and invest in any...
|
California Water Code Section 8977
The Department of Finance may exchange any warrants purchased
pursuant to the next preceding section for other warrants drawn
against the same...
|
California Water Code Section 8978
All such exchanges or sales of warrants shall be effected
without loss to the State.
|
California Water Code Section 8979
All warrants purchased or acquired by exchange by the
Department of Finance shall be registered by the State Treasurer,
unless already registered.
|
California Water Code Section 8980
The warrants shall be payable with interest in their proper
order of registration, as provided in this part.
|
California Water Code Section 8981
The warrants shall, unless sold or exchanged, be held by the
Department of Finance until paid.
|
California Water Code Section 8982
Upon payment of the warrants the proceeds thereof shall be
returned into the fund out of which the purchase or investment was
made.
|
California Water Code Section 8990
If any reclamation district, levee district, drainage
district, municipal corporation, private corporation, association or
person has since February...
|
California Water Code Section 8991
All claims for money or damages against the district are
governed by Part 3 (commencing with Section 900) and Part 4
(commencing with Section 940)...
|
California Water Code Section 8995
Any reclamation district, levee district, drainage district,
or municipal corporation, wholly or partly within the drainage
district, may, with the...
|
California Water Code Section 8996
The right of way or other easement acquired pursuant to the
next preceding section shall be required by the plans of the
reclamation, levee, or...
|
California Water Code Section 8997
Any reclamation district, levee district, drainage district
or municipal corporation, wholly or partly within the drainage
district may with the...
|
California Water Code Section 8998
The title to any such right of way or other easement or
levees, cuts, canals or gates shall be conveyed to the drainage
district upon compensation...
|
California Water Code Section 8999
If any reclamation district, levee district, drainage
district, municipal corporation, or person within the drainage
district, with the consent of...
|
California Water Code Section 9000
When the compensation has been made, the reclamation
district, levee district, drainage district, municipal corporation,
or person shall convey to...
|
California Water Code Section 9001
Any reclamation district, levee district, drainage district,
municipal corporation or person which does any of the following, with
the consent of the
|
California Water Code Section 9002
An easement shall be levied upon the lands in the drainage
district benefited thereby so that the claim may be paid.
|
California Water Code Section 9003
In lieu of levying an assessment pursuant to Section 9002 the
cost of the claim may be included as one of the items in any
assessment that may be...
|
California Water Code Section 9004
The words "with the permission of the board" or "with the
consent of the board," as used in this article mean the express
permission or consent of...
|
California Water Code Section 9005
Before granting its permission for the acquiring of any right
of way or easement or for the construction of any of the levees or
other works...
|
California Water Code Section 9006
In case the board determines that the ownership in fee of,
instead of the right of way or easement over, any land required for
use as a by-pass,...
|
California Water Code Section 9010
Any compensation made to any municipal corporation, or
person, in accordance with the provisions of this chapter, shall be
applied toward the payment
|
California Water Code Section 9011
The compensation made to any reclamation district, levee
district or drainage district shall be applied and credited pro rata
toward the payment of...
|
California Water Code Section 9012
When the compensation applied pursuant to the provisions of
the next preceding section exceeds the total amount of such credits
upon the assessments...
|
California Water Code Section 9013
Whenever any reclamation district, levee district, or
drainage district has warrants or a bond issue outstanding, or both,
compensation made pursuant
|
California Water Code Section 9014
The compensation, or the proceeds thereof, when received by
any reclamation district shall be paid or delivered by the board of
trustees thereof to...
|
California Water Code Section 9015
The county treasurer shall place the compensation paid to a
reclamation district in the fund of the district out of which
warrants are payable.
|
California Water Code Section 9016
When compensation is received by any levee district, or
drainage district, it shall be paid or delivered by the governing
body thereof to the officer
|
California Water Code Section 9017
Any reclamation district, levee district, or drainage
district, to which compensation is made, shall apply the same, or the
proceeds thereof, to the...
|
California Water Code Section 9018
If any reclamation district, levee district, or drainage
district, has a bond issue outstanding, the board of trustees of the
district shall direct...
|
California Water Code Section 9019
The county treasurer, or other officer having the custody of
the funds of the district shall comply with such directions and
transfer to the proper...
|
California Water Code Section 9020
The county treasurer shall transfer sufficient funds from the
general fund of the district to the bond and interest fund for the
purpose of carrying...
|
California Water Code Section 9021
Any district, association or corporation may act under this
article through a majority of its trustees or other governing body.
|
California Water Code Section 9025
Any reclamation district that has sold or transferred any of
its levees, or other reclamation or flood control works, easements,
or property of any...
|
California Water Code Section 9026
Any person, owning and holding any warrants of a reclamation
district may apply to the board of trustees of the reclamation
district for an exchange...
|
California Water Code Section 9027
Upon application made pursuant to the next preceding section
the board of trustees of the reclamation district shall make the
exchange.
|
California Water Code Section 9028
When any such exchange has been effected, the board of
trustees of the reclamation district shall notify the county
treasurer of the county in which...
|
California Water Code Section 9029
After the exchange has been effected, the warrants of the
district shall be marked: "Surrendered for warrants of Sacramento
and San Joaquin Drainage
|
California Water Code Section 9030
Proper entries of the surrender payment shall be made upon
the books of the reclamation district, and also of the county
treasurer of the county...
|
California Water Code Section 9031
If the warrants of the drainage district, or any of its units
or projects, are at the time of the offer for exchange, in the hands
and custody of the
|
California Water Code Section 9035
In any new, additional, or supplemental assessment of any
reclamation district, the following shall be determined:
(a) The amount that should be...
|
California Water Code Section 9036
If it appears that the amount that would have been assessed
against any tract of land is greater than the amount to which the
tract or owner thereof...
|
California Water Code Section 9037
If the amount is less than the amount to which the tract or
owner would have been entitled, the difference shall be paid to the
owner of such tract...
|
California Water Code Section 9040
Any reclamation district, levee district or drainage district
in which there are lands within the boundaries of the drainage
district, which lands...
|
California Water Code Section 9041
Any officer authorized by law to collect the assessments
named in this article shall accept at the face value, plus accrued
interest, the warrant or...
|
California Water Code Section 9042
Payment in warrants shall be made on a pro rata basis on all
lands in the district subject to such assessment.
|
California Water Code Section 9043
It is discretionary with the board of trustees of any such
reclamation district, levee district or drainage district to apply
such warrants in...
|
California Water Code Section 9044
If any such warrants are delivered by the board of trustees
to the county treasurer having the custody of the funds of any
district, under the...
|
California Water Code Section 9045
If the assessment, or any part of it has been paid in
warrants by the district on any lands in the district by funds other
than the funds of the...
|
California Water Code Section 9046
If it appears to the trustees of any such district that any
such warrants owned by it will be paid from any assessment thereafter
to be levied, and...
|
California Water Code Section 9047
The trustees shall not return the warrants to the board for
cancellation, without the consent of the board, if an assessment is
then in process of...
|
California Water Code Section 9048
Any reclamation, levee, irrigation, drainage or other
district whatever, or any city, county, or political subdivision may
make any contract, expend...
|
California Water Code Section 9110
Unless the context requires otherwise, the definitions set
forth in this article govern the construction of this chapter.
(a) "Fiscal year" has...
|
California Water Code Section 9120
(a) The department shall prepare and the board shall adopt a
flood control system status report for the State Plan of Flood
Control. This status...
|
California Water Code Section 9121
(a) On or before September 1, 2010, and on or before
September 1 of each year thereafter, the department shall provide
written notice to each...
|
California Water Code Section 9122
The board shall determine the areas benefited by facilities
of the State Plan of Flood Control based on information developed by
the department.
|
California Water Code Section 9130
(a) The department shall prepare and maintain maps for levee
flood protection zones. The department shall prepare the maps by
December 31, 2008, and...
|
California Water Code Section 9140
(a) On or before September 30 of each year, a local agency
responsible for the operation and maintenance of a project levee
shall prepare and submit...
|
California Water Code Section 9141
(a) The department shall prepare and transmit to the board a
report on the project levees operated and maintained by each local
agency, using...
|
California Water Code Section 9142
A local agency responsible for the operation and maintenance
of a project levee may propose to the board an upgrade of the project
levee if the local
|
California Water Code Section 9110
Unless the context requires otherwise, the definitions set
forth in this article govern the construction of this chapter.
(a) "Fiscal year" has...
|
California Water Code Section 9120
(a) The department shall prepare and the board shall adopt a
flood control system status report for the State Plan of Flood
Control. This status...
|
California Water Code Section 9121
(a) On or before September 1, 2010, and on or before
September 1 of each year thereafter, the department shall provide
written notice to each...
|
California Water Code Section 9122
The board shall determine the areas benefited by facilities
of the State Plan of Flood Control based on information developed by
the department.
|
California Water Code Section 9130
(a) The department shall prepare and maintain maps for levee
flood protection zones. The department shall prepare the maps by
December 31, 2008, and...
|
California Water Code Section 9140
(a) On or before September 30 of each year, a local agency
responsible for the operation and maintenance of a project levee
shall prepare and submit...
|
California Water Code Section 9141
(a) The department shall prepare and transmit to the board a
report on the project levees operated and maintained by each local
agency, using...
|
California Water Code Section 9142
A local agency responsible for the operation and maintenance
of a project levee may propose to the board an upgrade of the project
levee if the local
|
California Water Code Section 9250
Unless the context otherwise requires the definitions in this
chapter govern the construction of this part of this division of
this code.
|
California Water Code Section 9251
"Board" means the reclamation board.
|
California Water Code Section 9252
"Drainage district" means the Sacramento and San Joaquin
Drainage District.
|
California Water Code Section 9260
Whenever any assessment levied by the board upon lands within
the drainage district has been completed and all of the hearings
before the board in...
|
California Water Code Section 9261
If the board by its order determines to issue bonds, the
subsequent proceedings in the matter of the assessment and the
collection thereof and all...
|
California Water Code Section 9262
If the board determines that it is best to issue bonds, the
original assessment lists shall not be deposited in the offices of
the respective county...
|
California Water Code Section 9263
With the money received from the sale of bonds, the board as
the managing body of the drainage district shall proceed with the
construction and...
|
California Water Code Section 9264
No officer shall charge or receive any fee for any services
required to be performed by him under the provisions of this part.
|
California Water Code Section 9265
Any reasonable and necessary expense actually incurred by any
officer in carrying out any of the provisions of this part relating
in any manner to...
|
California Water Code Section 9266
If the board or any member, officer, appointee, or employee
thereof or any public officer mentioned or referred to in this part
fails to perform any...
|
California Water Code Section 9275
If the board determines, pursuant to the provisions of this
part, that bonds should be issued, an action to determine the
validity of the assessment...
|
California Water Code Section 9276
No objection to the assessment shall be considered by the
court unless the objection has been made in writing to the board as
provided in Part 4 of...
|
California Water Code Section 9277
The judgment shall refer to the assessment apportioned to
each county separately and it shall be sufficient to refer to the
portions of the...
|
California Water Code Section 9278
Unless the aggregate amount of the whole of the assessment is
modified or amended by the judgment in the proceedings so as to
cause a difference of...
|
California Water Code Section 9279
The assessment lists, unless annulled by the judgment in the
judicial proceeding, embracing any modifications made by the judgment
are conclusive...
|
California Water Code Section 9280
A certified copy of the judgment referring to the assessment
lists shall be filed in the office of the board.
|
California Water Code Section 9281
A certified copy of so much of the judgment as relates to the
lands in each of the counties affected thereby shall be affixed to
the original...
|
California Water Code Section 9282
The assessment lists as amended or modified shall be
certified by the secretary or assistant secretary of the board as
being in conformity with the...
|
California Water Code Section 9305
In the event that the assessment is annulled as a whole by
the judicial proceeding, the board shall cause a new assessment to be
made as provided in...
|
California Water Code Section 9306
When, if necesssary, the assessment lists have been modified
and amended to conform to the requirements of the judgment and have
been certified as...
|
California Water Code Section 9307
Each county treasurer shall indorse on the assessment list
the time to the hour and minute when it was so filed in his office.
|
California Water Code Section 9308
From the time of filing as provided in the next preceding
section the assessment constitutes a lien upon the lands in the
county so assessed and...
|
California Water Code Section 9309
At any time within 30 days after the assessment list is filed
in the office of the county treasurer as provided in Section 9307,
the whole amount of...
|
California Water Code Section 9310
Upon such payment the county treasurer shall issue his
receipt and indorse the fact and date of payment upon the assessment
list, and thereupon the...
|
California Water Code Section 9311
The report of payment of the assessment shall be made by the
county treasurer at once to the secretary of the board.
|
California Water Code Section 9312
The amount of assessments received by the county treasurer
shall, within 30 days after receipt thereof by him, be deposited by
him with the State...
|
California Water Code Section 9313
The State Treasurer shall credit the amount of assessments
received by him to the construction fund of the assessment.
|
California Water Code Section 9314
All assessments not paid in full within the 30-day period
bear interest thereafter at the rate of 7 per cent per annum.
|
California Water Code Section 9315
If the amounts raised by means of the assesssment as provided
in this part prove insufficient to pay in full all of the bonds and
the interest...
|
California Water Code Section 9316
The supplemental assessment shall be levied by resolution of
the board entered in its minutes.
|
California Water Code Section 9317
The board need not appoint assessors nor prepare new or
additional assessment lists for any supplemental assessment, but the
assessment shall be...
|
California Water Code Section 9318
The board shall, for the purpose of collecting the
supplemental assessment, prepare and certify to the county treasurers
of the several counties...
|
California Water Code Section 9319
The supplemental assessment shall be collected by the county
treasurers, and the same percentages, penalties and costs added for
delinquency and the...
|
California Water Code Section 9320
All money collected for or on account of any supplemental
assessment shall be paid over to the State Treasurer in the manner
provided in this part,...
|
California Water Code Section 9330
Upon the expiration of the 30-day period mentioned in Chapter
4 of this part, an election shall be called and held by the board in
that part of the...
|
California Water Code Section 9331
The unpaid amount shall be entered by the board in its
records and stated by the board in its order for the election and the
order for the election...
|
California Water Code Section 9332
At the election the owner of each tract of land assessed in
and by the assessment, upon which the assessment has not been paid as
provided in Chapter
|
California Water Code Section 9333
In case there is more than one owner of any tract of land
separately assessed in and by the assessment, all of the owners shall
unite in the ballot...
|
California Water Code Section 9334
Guardians, conservators, executors, administrators and other
persons holding land in a trust capacity under appointment of court
may vote at the...
|
California Water Code Section 9335
The vote of any public or private corporation or of any
reclamation district, levee district, drainage district or other
public agency entitled to...
|
California Water Code Section 9336
The authorization shall be in writing and certified to by the
secretary or clerk of the district or public agency and attested by
its seal duly...
|
California Water Code Section 9337
No person shall vote by proxy at the election unless
authority to vote is evidenced by an instrument in writing duly
executed, acknowledged and...
|
California Water Code Section 9338
In case of change of ownership of any tract of land, or in
case the name of the owner of any tract of land is not correctly
stated in the voting...
|
California Water Code Section 9339
If the right of any person to vote as the owner of any such
tract of land is disputed or challenged, the question of his right to
vote shall be...
|
California Water Code Section 9340
The oath may be administered by any member of the board of
election.
|
California Water Code Section 9341
Any person testifying falsely upon such examination is guilty
of perjury.
|
California Water Code Section 9342
Any person voting or attempting to vote at the election who
is not entitled to vote at it, as provided in this part, is subject
to the same penalties
|
California Water Code Section 9343
For the purpose of determining the "reference number" of each
tract separately assessed upon the assessment lists, the board
shall, before preparing...
|
California Water Code Section 9344
If the result of the election provided for in this chapter is
against the issuance of bonds, then the assessment, or that portion
thereof involved in
|
California Water Code Section 9345
All subsequent proceedings in regard to the assessment shall
be conducted as provided in Part 4 of this division and without any
further reference to
|
California Water Code Section 9355
The board shall, in its order providing for the election,
specify the day on which the election is to be held and shall specify
and designate one or...
|
California Water Code Section 9356
In case the board considers it necessary or proper to provide
more than one polling place in any supervisor district for the
holding of the election,
|
California Water Code Section 9357
The board shall designate and provide one polling place
within each voting district at which shall be cast the votes of the
owners of land within the
|
California Water Code Section 9358
The board may combine contiguous portions of different
supervisor districts into one voting district in cases where the
lands in the voting district...
|
California Water Code Section 9359
The board shall in the order providing the election, appoint
a board of election for each polling place.
|
California Water Code Section 9360
The board of election shall consist of three owners of land
assessed in and by the assessment and situated within the voting
district where the...
|
California Water Code Section 9361
Each member of the board of election, whether appointed by
the board or whether acting as a substitute as provided in this part,
is entitled to the...
|
California Water Code Section 9362
The compensation of the election officers shall be paid by
the board out of any funds of the drainage district or of the board
applicable thereto.
|
California Water Code Section 9363
If any person appointed as a member of the board of election
fails to attend at the opening of the polls, the voters then present
at the polling...
|
California Water Code Section 9364
Each member of the board of election before entering upon the
discharge of his duties shall take and subscribe an official oath,
which may be...
|
California Water Code Section 9365
The oath shall be to the effect that he will support the
Constitution of the United States and the Constitution of the State
and that he will...
|
California Water Code Section 9366
Notice of the election shall be given by the board by posting
notices thereof in at least three public places in each voting
district at least 21...
|
California Water Code Section 9367
The notice shall specify the time and place of holding the
election, the aggregate face value of bonds proposed to be issued,
and the names of the...
|
California Water Code Section 9368
Affidavits of publication and posting of the notices shall be
filed with the county elections official of the county in which the
notices have been...
|
California Water Code Section 9369
Duplicate original affidavits of publication and posting of
the notice, shall be filed in the office of the board.
|
California Water Code Section 9375
The board shall, prior to the election, cause to be prepared
and certified by its secretary or assistant secretary, and furnished
to the board of...
|
California Water Code Section 9376
The voting list shall be used by the board of election in
determining the right to vote and the number of votes to be cast by
each voter, and shall...
|
California Water Code Section 9377
The ballot cast at the election shall contain the words
"Bonds --Yes," or the words "Bonds--No," and also the signature of
the person casting the...
|
California Water Code Section 9378
A ballot cast by proxy shall contain the name of the
landowner for whom the ballot is cast and the signature of the person
casting the vote as proxy.
|
California Water Code Section 9379
A list of the ballots cast shall be made by the board of
election, containing the name of each voter, and if the ballot is
cast by proxy, the name of
|
California Water Code Section 9385
The polls at each polling place for the election shall be
kept open from 9 o'clock in the forenoon until 5 o'clock in the
afternoon of the day...
|
California Water Code Section 9386
At the close of the polls the board of election shall deliver
to the elections official all ballots, voting lists, lists of
ballots cast at the...
|
California Water Code Section 9387
The board shall examine and canvass the certificates received
from the boards of election, and shall determine therefrom and
declare, and enter in...
|
California Water Code Section 9388
Any person interested may within 10 days after the result of
the election has been determined and declared by the board, contest
the election so far...
|
California Water Code Section 9389
If no contest is commenced within the time mentioned in the
next preceding section, the declaration of the result by the board is
final and...
|
California Water Code Section 9395
If a majority of the votes cast at the bond election are in
favor of the issuance of bonds, the board shall cause bonds of the
drainage district, in...
|
California Water Code Section 9396
The bonds shall be of the denomination of not less than one
hundred dollars ($100) nor more than one thousand dollars ($1,000)
each.
|
California Water Code Section 9397
The bonds shall be signed by the president of the board,
attested by its secretary with the seal of the board affixed thereto,
numbered consecutively
|
California Water Code Section 9398
The bonds shall bear interest at a rate to be fixed by the
order of the board for issuance of the bonds not to exceed 6 per cent
per annum payable...
|
California Water Code Section 9399
Coupons for each installment of interest shall be attached to
the bonds and shall bear the facsimile signature of the Controller.
|
California Water Code Section 9400
Whenever any of the bonds are sold or delivered by the State
Treasurer either to a purchaser thereof or upon an order from the
board payable in such...
|
California Water Code Section 9401
The State Treasurer shall certify and deliver to the board or
its secretary a list of bonds sold or delivered, showing the serial
numbers,...
|
California Water Code Section 9402
The State Treasurer shall certify and deliver to the board or
its secretary, whenever requested, a statement of all bonds and
coupons for interest...
|
California Water Code Section 9403
The bonds of the drainage district issued pursuant to this
part which are investigated and approved by any commission or officer
authorized by any...
|
California Water Code Section 9404
If within one year from the time bonds are authorized to be
issued as provided in this part, the bonds are not sold or disposed
of, the board may at...
|
California Water Code Section 9405
The board may thereafter call for the payment of the
assessment in such installments from time to time as it shall
determine and as provided in Part...
|
California Water Code Section 9410
The bonds may be substantially in the following form:
UNITED STATES OF AMERICA
No. _________ STATE OF CALIFORNIA
|
California Water Code Section 9411
The interest coupons may be substantially in the following
form:
No. ________ $____________
The...
|
California Water Code Section 9415
An action to determine the validity of bonds may be brought
pursuant to Chapter 9 (commencing with Section 860) of Title 10 of
Part 2 of the Code of...
|
California Water Code Section 9440
The State Treasurer shall receive and place the bonds to the
credit of the drainage district, and shall when and as directed by
the board sell any of
|
California Water Code Section 9441
The bonds shall not be sold for less than 95 per cent of
their face value and the accrued interest thereon.
|
California Water Code Section 9442
Before making a sale of any of the bonds, notice shall be
given by the State Treasurer that he will sell a specified amount of
the bonds, stating the
|
California Water Code Section 9443
The notice shall state that sealed proposals will be received
by him for the purchase of the bonds or any part thereof at the day
and hour named in...
|
California Water Code Section 9444
The notice shall be given by publication once a week for
three successive weeks in a newspaper of general circulation
published in the City of...
|
California Water Code Section 9445
At the time and place appointed in the notice the State
Treasurer shall open the bids and shall award the purchase of the
bonds or any part thereof...
|
California Water Code Section 9446
If the highest bid is not equal to par and accrued interest
the State Treasurer shall notify the board of the amounts of the
highest bids received,...
|
California Water Code Section 9447
At any time before all the bonds held by the State Treasurer
have been sold by him, the board may:
(a) Draw upon the State Treasurer for, and...
|
California Water Code Section 9448
In making payments in bonds, the board shall draw orders upon
the State Treasurer payable in bonds to the amount therein named.
|
California Water Code Section 9449
The orders shall be countersigned by the Controller and shall
be paid with bonds by the State Treasurer upon presentation to the
amount therein...
|
California Water Code Section 9450
In drawing any order upon the State Treasurer payable in
bonds, the board may specify the maturity of the bonds which are to
be delivered in...
|
California Water Code Section 9455
The principal of the bonds shall, by an order of the board
entered in its minutes, be made payable on the first day of July or
the first day of...
|
California Water Code Section 9456
Not less than 10 per cent of the aggregate face value of the
bonds shall be payable within 10 years from their date, and not less
than 9 per cent of...
|
California Water Code Section 9457
The board may call and redeem in their numerical order such
an amount of the bonds as it may see fit on any interest date
subsequent to the first day
|
California Water Code Section 9458
To effect such redemption, the board shall cause to be
published once each week for two successive weeks, in a newspaper
published in the City of...
|
California Water Code Section 9459
Out of the bond fund of the assessment the State Treasurer
shall, on presentation at or after its maturity, pay the holder of
each bond or interest...
|
California Water Code Section 9460
If any bond or interest coupon has not been presented to the
State Treasurer for payment when it becomes due, it shall cease to
bear interest, but if
|
California Water Code Section 9461
The indorsed bond or coupon shall bear interest at the rate
expressed in the bond until paid or until funds have been provided in
the State Treasury...
|
California Water Code Section 9465
The money derived from the sale of any of the bonds shall be
received by the State Treasurer and placed to the credit of the
following funds in the...
|
California Water Code Section 9466
Whenever the drainage district has any money in the bond fund
of any assessment which money is not immediately required for the
purpose of paying...
|
California Water Code Section 9467
The investment may be made by the board by direct purchase of
the bonds from time to time and in such manner as it determines and
at such price or...
|
California Water Code Section 9468
Any bonds purchased pursuant to the provisions of this
article, and held in the bond fund may from time to time be sold and
the proceeds temporarily...
|
California Water Code Section 9469
Sales of any bonds purchased and held in the bond fund shall
from time to time be made so that the proceeds may be applied to the
purpose for which...
|
California Water Code Section 9470
Any bonds purchased pursuant to the provisions of this
article, may be delivered to the State Treasurer for cancellation and
the bonds shall...
|
California Water Code Section 9471
The bond fund of each assessment shall be held by the State
Treasurer and shall be applied by him toward the payment of the bonds
and coupons thereon
|
California Water Code Section 9472
If any balance remains in the bond fund of the assessment
after payment in full of the principal and interest of all
outstanding bonds issued upon...
|
California Water Code Section 9473
The balance may be distributed by the board to the owners or
other persons interested in the lands.
|
California Water Code Section 9474
The board shall from time to time when necessary, present its
written request to the Controller for the issuance of warrants for
the purpose of...
|
California Water Code Section 9475
The board's request shall specify the amount of the warrant
and the name of the payee thereof and upon receipt of the request the
Controller shall...
|
California Water Code Section 9476
The State Treasurer shall pay the warrants or make delivery
of the bonds as provided in this part.
|
California Water Code Section 9477
Warrants issued by the Controller and payable out of the
assessment as provided by Part 4 of this division shall be paid by
the State Treasurer out...
|
California Water Code Section 9478
No warrant issued pursuant to any of the provisions of this
part or of Part 4 of this division shall be accepted or received by
the county treasurer...
|
California Water Code Section 9485
Upon the sale of any of the bonds of the drainage district
based upon any assessment levied by the board, as provided by this
part, the board shall...
|
California Water Code Section 9486
The board may also in the order fix and determine upon such
additional sum as the board deems proper to be collected to provide a
sinking fund for...
|
California Water Code Section 9487
Immediately upon making the order the board shall prepare in
duplicate, retaining one original, and causing the other original to
be certified by its
|
California Water Code Section 9488
To the assessment referred to in the preceding section shall
be added and collected an additional amount of 15 per cent of the
amount to cover...
|
California Water Code Section 9489
The statement provided for in Section 9487 shall also
include, and there shall be added and collected, such additional sum
as the board in its order...
|
California Water Code Section 9490
The amount necessary to pay the interest and principal, or
either, falling due, together with the additional 15 per cent of that
amount and the...
|
California Water Code Section 9491
Unless otherwise determined by the board or by an order
entered in its minutes, a copy of which duly certified shall be
transmitted to the county...
|
California Water Code Section 9492
For convenience in entering payments of the installment for
bonds, the board shall furnish to the county treasurer of each county
affected, an annual
|
California Water Code Section 9493
The list shall contain appropriate columns for the entry of
payments, sales and redemptions.
|
California Water Code Section 9494
The county treasurer shall enter on the annual collection
list in the proper column the following:
(a) All payments, with date of payment.
(b)...
|
California Water Code Section 9495
The county treasurer shall make a report to the board as
often as requested of all entries made by him on the collection list.
|
California Water Code Section 9496
When either portion of any installment for bonds becomes
delinquent, a penalty of one dollar ($1) together with 20 per cent of
the amount of the...
|
California Water Code Section 9497
All money collected by the several county treasurers upon the
installment for bonds or for the penalty thereon in case of
delinquency shall, within...
|
California Water Code Section 9505
The board shall maintain in its office and open to public
inspection at all reasonable times during office hours, a book or
books to be known as the...
|
California Water Code Section 9506
In case there are several bond issues under this part based
upon several different assessments all of the proceedings, records
and transactions of...
|
California Water Code Section 9510
The board may, by resolution entered in its minutes, order
the refunding of the whole or any part of the principal of any bond
issue now or hereafter
|
California Water Code Section 9511
Refunding bonds may be issued for the purpose, and when
issued their proceeds may be used to refund outstanding bonds either
as they mature or to...
|
California Water Code Section 9512
The resolution ordering refunding of bonds shall designate
the numbers, denominations, dates of maturity and aggregate principal
amounts of the bonds
|
California Water Code Section 9513
Refunding bonds shall mature serially in amounts to be fixed
by the board in its resolution.
|
California Water Code Section 9514
The payment of the refunding bonds shall begin not later than
five years from the date thereof and shall be completed in not more
than 25 years from...
|
California Water Code Section 9515
The refunding bonds, together with interest thereon, shall be
payable at the office of the State Treasurer.
|
California Water Code Section 9516
Refunding bonds shall be issued in such denominations as the
board may determine except that no bonds shall be of a denomination
of less than one...
|
California Water Code Section 9517
The refunding bonds shall be signed by the president of the
board or such other member of the board as the board may by
resolution designate and...
|
California Water Code Section 9518
The interest coupons of the refunding bonds shall be numbered
consecutively and signed by the secretary of the board by his
engraved or lithographed...
|
California Water Code Section 9519
In case any officer whose signature or countersignature
appears on the refunding bonds or coupons ceases to be such officer
before the delivery of...
|
California Water Code Section 9520
The refunding bonds may be issued and sold by the board as it
may determine but for not less than their par value and accrued
interest thereon.
|
California Water Code Section 9521
The proceeds of the refunding bonds shall be placed in the
State Treasury to the credit of the drainage district in the bond
fund of the assessment...
|
California Water Code Section 9522
The proceeds may also be used to defray the expenses of
refinancing the obligations.
|
California Water Code Section 9523
The principal and interest of the refunding bonds shall be
based upon, secured by and payable out of the assessment or
assessments upon which the...
|
California Water Code Section 9524
Upon the sale of any of the refunding bonds, installments of
the assessment upon which the bonds are based shall be called and
collected and the...
|
California Water Code Section 9525
The refunding bonds or any part thereof when sold may be
called and redeemed by the board in the manner provided by Chapter 6
of this part.
|
California Water Code Section 9526
The refunding bonds issued by the drainage district pursuant
to this part shall be legal investments for all trust funds and for
the funds of all...
|
California Water Code Section 9527
Whenever bonds of cities, cities and counties, counties or
school districts may by law be issued as security for the performance
of any act or as...
|
California Water Code Section 9535
If both portions of the installments, levied pursuant to
Chapter 6 of this part, are not paid before the last Monday in April
at 6 o'clock p.m., the...
|
California Water Code Section 9536
The notice shall contain the following:
(a) A description of each parcel of land assessed within the
county whereon an installment or installments
|
California Water Code Section 9537
The sale shall be held not less than 30 days nor more than 90
days from the date of delinquency.
|
California Water Code Section 9538
At the time and place stated in the notice the county
treasurer shall sell each parcel of land described in the notice to
the highest bidder unless...
|
California Water Code Section 9539
No bid for any parcel shall be accepted less than the
aggregate sum then due for the installment or installments thereon,
together with the penalty,...
|
California Water Code Section 9540
Any bonds or coupons so received in payment shall be canceled
by the county treasurer and transmitted to the State Treasurer.
|
California Water Code Section 9541
If the entire amount of any bond or coupon tendered in
payment is not required to complete payment of the purchase money,
the county treasurer shall...
|
California Water Code Section 9542
The bond fund of the assessment shall be credited with the
amount of purchase money paid in bonds or coupons on delinquent
sales, and of all sums...
|
California Water Code Section 9543
The county treasurer shall execute to each purchaser at the
delinquent sale including the drainage district, a certificate of
sale, which shall be...
|
California Water Code Section 9544
The county treasurer may if directed by the board postpone
the delinquent sale from time to time for not less than 10 nor more
than 30 days by a...
|
California Water Code Section 9550
If no bid is made for any parcel at the delinquent sale equal
to the amount of installment or installments delinquent thereon,
including the penalty,
|
California Water Code Section 9551
Any parcel of land bid in and purchased by the drainage
district at the delinquent sale shall be held in trust for the bond
fund of the assessment...
|
California Water Code Section 9552
Payment for the land purchased under the next preceding
section may be made by the purchaser either in cash or matured bonds
and coupons issued upon...
|
California Water Code Section 9553
The board shall execute a deed to the purchaser at the sale
conveying the property, free of encumbrances except State, county and
other municipal...
|
California Water Code Section 9554
The purchase price received in cash shall be paid by the
board to the State Treasurer and any bonds or coupons received in
payment by the board shall
|
California Water Code Section 9555
All such money paid over and the canceled bonds or coupons
delivered to the State Treasurer shall be credited to the bond fund
of the assessment.
|
California Water Code Section 9556
If any land held by the drainage district, pursuant to the
provisions of this chapter, remains unsold after the final
installment of the assessment...
|
California Water Code Section 9557
The board shall execute to the purchaser a conveyance of the
land free of incumbrances except State, county and municipal taxes,
and assessments...
|
California Water Code Section 9558
The board shall deposit the proceeds of the sale with the
State Treasurer to the credit of the bond fund of the assessment.
|
California Water Code Section 9544
The county treasurer may if directed by the board postpone
the delinquent sale from time to time for not less than 10 nor more
than 30 days by a...
|
California Water Code Section 9565
Any person interested in any tract of land sold at a
delinquent sale, made pursuant to the provisions of this chapter, may
redeem the tract of land...
|
California Water Code Section 9566
If no redemption is made within one year the board upon
demand and the surrender of the certificate of purchase and the
delivery of a certificate of...
|
California Water Code Section 9567
The deed shall convey to the grantee therein named the land
free and clear of all encumbrances except State, county and municipal
taxes, assessments...
|
California Water Code Section 9568
Each installment of the encumbrances mentioned in the
preceding section may be called and collected as provided by law.
|
California Water Code Section 9569
No parcel sold and conveyed to the drainage district shall
thereafter, until redeemed or until sold and disposed of by the
board, be subject to sale...
|
California Water Code Section 9570
Every deed by the board purporting to be executed under this
chapter shall be prima facie evidence of the truth of the matters
therein recited and of
|
California Water Code Section 9571
All deeds required by this chapter to be executed by the
board may be executed by the president and secretary thereof on
behalf of the board.
|
California Water Code Section 9575
Out of the proceeds of a delinquent sale, made pursuant to
the provisions of this chapter, the county treasurer shall transmit
to the State Treasurer
|
California Water Code Section 9576
The State Treasurer shall place the amount to the credit of
the bond fund of the drainage district for the particular bond issue
upon the assessment.
|
California Water Code Section 9577
The county treasurer shall pay to the owner of the property
any surplus remaining after the payment to the State Treasurer.
|
California Water Code Section 9600
This act shall be known and may be cited as the Central
Valley Flood Protection Act of 2008.
|
California Water Code Section 9601
The Legislature finds and declares all of the following:
(a) The Central Valley of California is experiencing unprecedented
development, resulting
|
California Water Code Section 9602
Unless the context requires otherwise, the definitions set
forth in this section govern the construction of this part.
(a) "Board" means the...
|
California Water Code Section 9603
(a) The Central Valley Flood Protection Plan shall be a
descriptive document, and neither the plan nor anything in this part
shall be construed to...
|
California Water Code Section 9610
(a) (1) By July 1, 2008, the department shall develop
preliminary maps for the 100- and 200-year flood plains protected by
project levees. The...
|
California Water Code Section 9611
The Sacramento-San Joaquin River Flood Management System
comprises all of the following:
(a) The facilities of the State Plan of Flood Control as...
|
California Water Code Section 9612
(a) The department shall prepare, and the board shall adopt,
a plan identified as the Central Valley Flood Protection Plan in
accordance with this...
|
California Water Code Section 9613
(a) Consistent with subdivision (b) of Section 5096.821 of
the Public Resources Code, the department may implement flood
protection improvements for...
|
California Water Code Section 9614
The plan shall include all of the following:
(a) A description of the Sacramento-San Joaquin River Flood
Management System and the cities and...
|
California Water Code Section 9615
For the purposes of preparing the plan, the department shall
collaborate with the United States Army Corps of Engineers and the
owners and operators...
|
California Water Code Section 9616
(a) The plan shall include a description of both structural
and nonstructural means for improving the performance and elimination
of deficiencies of...
|
California Water Code Section 9620
Upon the adoption of the plan by the board, all of the
following apply:
(a) The facilities identified pursuant to subdivision (a) of
Section 9614...
|
California Water Code Section 9621
Consistent with the adoption of the Central Valley Flood
Protection Plan pursuant to this part, each county shall collaborate
with cities within its...
|
California Water Code Section 9622
Consistent with the adoption of the Central Valley Flood
Protection Plan pursuant to this part, each city, county, and city
and county shall...
|
California Water Code Section 9623
Consistent with the adoption of the Central Valley Flood
Protection Plan pursuant to this part, each city, county, and city
and county shall...
|
California Water Code Section 9624
Notwithstanding any other provision of law, this part applies
to all cities, including charter cities, and counties included in
the plan pursuant to...
|
California Water Code Section 9625
(a) By January 1, 2010, the department shall develop
cost-sharing formulas, as needed, for funds made available by the
Disaster Preparedness and...
|
California Water Code Section 9625
(a) By January 1, 2010, the department shall develop
cost-sharing formulas, as needed, for funds made available by the
Disaster Preparedness and...
|
California Water Code Section 9650
(a) (1) Commencing July 1, 2008, the allocation or
expenditure of funds by the state for the upgrade of a project levee,
if that upgrade is...
|
California Water Code Section 9651
Unless the context requires otherwise, the definitions set
forth in this section govern the construction of this part.
(a) "Emergency plan" and...
|
California Water Code Section 9650
(a) (1) Commencing July 1, 2008, the allocation or
expenditure of funds by the state for the upgrade of a project levee,
if that upgrade is...
|
California Water Code Section 9651
Unless the context requires otherwise, the definitions set
forth in this section govern the construction of this part.
(a) "Emergency plan" and...
|
California Water Code Section 10000
The coordinated plan for the conservation, development, and
utilization of the water resources of the State (except the project
known as the "Trinity
|
California Water Code Section 10001
The approval and adoption of the State Water Plan by Chapter
1185 of the Statutes of 1941 are continued in effect, except that
the project known as...
|
California Water Code Section 10001.3
The American River Development, as described in Public Law
356 of the Eighty-first Congress, First Session, and as constructed
by the Federal...
|
California Water Code Section 10001.5
Notwithstanding any provisions of this article or any
other provision of law to the contrary, the project known as the
"Coloma Dam and Reservoir"...
|
California Water Code Section 10001.6
(a) The Georgetown Divide Public Utility District has the
right to pursue, without any right of assignment to other parties,
the district's...
|
California Water Code Section 10002
The approval and adoption of the State Water Plan do not
repeal any of the provisions of the Central Valley Project Act of
1933, and to the extent...
|
California Water Code Section 10003
Notwithstanding anything contained in this part, all
applications heretofore filed by the Department of Finance under Part
2 of Division 6 shall...
|
California Water Code Section 10004
(a) The plan for the orderly and coordinated control,
protection, conservation, development, and utilization of the water
resources of the state...
|
California Water Code Section 10004.5
As part of the requirement of the department to update The
California Water Plan pursuant to subdivision (b) of Section 10004,
the department shall...
|
California Water Code Section 10004.6
(a) As part of updating The California Water Plan every
five years pursuant to subdivision (b) of Section 10004, the
department shall conduct a study
|
California Water Code Section 10005
(a) It is hereby declared that the people of the state have
a primary interest in the orderly and coordinated control,
protection, conservation,...
|
California Water Code Section 10005.1
The department or, at the department's request, the
California Water Commission, shall conduct a series of hearings with
interested persons,...
|
California Water Code Section 10005.2
Prior to holding a hearing pursuant to Section 10005.1,
the department shall give notice by mail of the hearing to persons
and entities which have...
|
California Water Code Section 10006
The provisions of this part do not repeal or modify any of
the provisions of Part 3 of this division.
|
California Water Code Section 10007
Notwithstanding anything contained in this part, all
applications heretofore filed by the Department of Finance or by the
Department of Water...
|
California Water Code Section 10008
The Legislature hereby finds and declares that agreements
which provide for the transfer of water from the federal Central
Valley Project to public...
|
California Water Code Section 10009
The director shall pursue discussions with the United States
Bureau of Reclamation to permit persons and public entities which
have entitlements to...
|
California Water Code Section 10011
(a) In preparing the California Water Plan, the director
shall conduct at least one public hearing within the boundaries of
the Sacramento-San...
|
California Water Code Section 10013
The department, as a part of the preparation of the
department's Bulletin 160-03, shall include in the California Water
Plan a report on the...
|
California Water Code Section 10015
The Legislature hereby finds and declares all of the
following:
(a) The state's growth requires policymakers to seek creative ways
to maximize the
|
California Water Code Section 10016
(a) The Department of Water Resources shall complete the
development of a standard data protocol for evapotranspiration data,
to ensure that the data
|
California Water Code Section 10500
The department shall make and file applications for any
water which in its judgment is or may be required in the development
and completion of the...
|
California Water Code Section 10504
All applications made and filed pursuant to Section 10500
shall be transferred to the State Water Resoures Control Board and
held by the board for...
|
California Water Code Section 10504.01
Each petition for assignment of all or a portion of an
application filed pursuant to this part, which application has not
been completed in...
|
California Water Code Section 10504.02
Procedure with respect to petitions for assignment of all
or a portion of applications filed pursuant to this part, which
applications have been...
|
California Water Code Section 10504.1
Before any application made and filed pursuant to Section
10500 is assigned or released from priority, the State Water
Resources Control Board shall...
|
California Water Code Section 10504.5
In order to insure that projects will be constructed in
accordance with a general or coordinated plan for the development of
water:
(a) The...
|
California Water Code Section 10505
No priority under this part shall be released nor assignment
made of any application that will, in the judgment of the board,
deprive the county in...
|
California Water Code Section 10505.5
Every application heretofore or hereafter made and filed
pursuant to Section 10500, and held by the State Water Resources
Control Board, shall be...
|
California Water Code Section 10506
Every state department or state officer, upon request of the
department, shall furnish any service or assistance in the
investigation of the need or...
|
California Water Code Section 10520
This part shall be known and may be cited as the
Agricultural Water Conservation and Management Act of 1992.
|
California Water Code Section 10521
Unless the context otherwise requires, the following
definitions govern the construction of this part:
(a) "Water conservation" means the...
|
California Water Code Section 10522
A water supplier, individually or in cooperation with other
public agencies or persons, may institute a water conservation or
efficient water...
|
California Water Code Section 10523
In formulating a water conservation or efficient water
management program, a water supplier may take into account the
positive or negative effect of...
|
California Water Code Section 10530
This part shall be known and may be cited as the Integrated
Regional Water Management Planning Act of 2002.
|
California Water Code Section 10531
The Legislature finds and declares as follows:
(a) Water is a valuable natural resource in California, and should
be managed to ensure the...
|
California Water Code Section 10532
Unless the context otherwise requires, the definitions set
forth in this chapter govern the construction of this part.
|
California Water Code Section 10533
"Local public agency" means any city, county, city and
county, special district, corporation, or mutual water company.
|
California Water Code Section 10534
"Qualified projects or programs" means regional projects or
programs that improve source water quality, improve drinking water
quality, provide flood
|
California Water Code Section 10535
"Qualified reports or studies" means reports or studies
relating to regional water quality, water supply planning, flood
protection, or environmental
|
California Water Code Section 10536
"Regional plan" means a plan for the implementation or
operation of qualified projects or programs or the preparation of
qualified reports or...
|
California Water Code Section 10537
"Regional water management group" means a group in which
three or more local public agencies, at least two of which have
statutory authority over...
|
California Water Code Section 10540
(a) A regional water management group may prepare and adopt
a regional plan in accordance with this part.
(b) The plan may address qualified...
|
California Water Code Section 10540
(a) A regional water management group may prepare and adopt
a regional plan in accordance with this part.
(b) The plan may address qualified...
|
California Water Code Section 10541
(a) A regional water management group shall publish a notice
of intention to prepare a regional plan in accordance with Section
6066 of the...
|
California Water Code Section 10543
When selecting projects and programs pursuant to Division 24
(commencing with Section 78500), Division 26 (commencing with
Section 79000), Division...
|
California Water Code Section 10545
Nothing in this part affects any powers granted to a local
public agency by any authority other than this part.
|
California Water Code Section 10546
Nothing in this part authorizes a regional water management
group to define, or otherwise determine, the water rights of any
person or entity.
|
California Water Code Section 10600
The Legislature hereby finds and declares that there is an
increasing conflict between water development projects and instream
beneficial uses such...
|
California Water Code Section 10601
Where a potentially economically viable water supply
development on the South Fork of the American River between Chili Bar
Reservoir and the Salmon...
|
California Water Code Section 10602
The department, with regard to the South Fork of the
American River between Chili Bar Reservoir and the Salmon Falls
Bridge, may recommend to the...
|
California Water Code Section 10603
In undertaking studies pursuant to this part, the department
shall take into consideration the potential necessity to produce
hydroelectric energy to
|
California Water Code Section 10604
The department shall undertake cooperative studies pursuant
to this part for the following:
(a) The Georgetown Divide Public Utility District and...
|
California Water Code Section 10605
Where the state provides financial assistance to implement
or assist in the implementation of an alternative solution, the State
Water Resources...
|
California Water Code Section 10606
If the instream beneficial uses on the South Fork of the
American River between Chili Bar Reservoir and the Salmon Falls
Bridge preserved by the...
|
California Water Code Section 10607
The Legislature finds and declares that the circumstances
which resulted in the enactment of this part are unique and therefore
this part shall not...
|
California Water Code Section 10610
This part shall be known and may be cited as the "Urban
Water Management Planning Act."
|
California Water Code Section 10610.2
(a) The Legislature finds and declares all of the
following:
(1) The waters of the state are a limited and renewable resource
subject to...
|
California Water Code Section 10610.4
The Legislature finds and declares that it is the policy
of the state as follows:
(a) The management of urban water demands and efficient use of...
|
California Water Code Section 10611
Unless the context otherwise requires, the definitions of
this chapter govern the construction of this part.
|
California Water Code Section 10611.5
"Demand management" means those water conservation
measures, programs, and incentives that prevent the waste of water
and promote the reasonable and...
|
California Water Code Section 10612
"Customer" means a purchaser of water from a water supplier
who uses the water for municipal purposes, including residential,
commercial,...
|
California Water Code Section 10613
"Efficient use" means those management measures that result
in the most effective use of water so as to prevent its waste or
unreasonable use or...
|
California Water Code Section 10614
"Person" means any individual, firm, association,
organization, partnership, business, trust, corporation, company,
public agency, or any agency of...
|
California Water Code Section 10615
"Plan" means an urban water management plan prepared
pursuant to this part. A plan shall describe and evaluate sources of
supply, reasonable and...
|
California Water Code Section 10616
"Public agency" means any board, commission, county, city
and county, city, regional agency, district, or other public entity.
|
California Water Code Section 10616.5
"Recycled water" means the reclamation and reuse of
wastewater for beneficial use.
|
California Water Code Section 10617
"Urban water supplier" means a supplier, either publicly or
privately owned, providing water for municipal purposes either
directly or indirectly to...
|
California Water Code Section 10620
(a) Every urban water supplier shall prepare and adopt an
urban water management plan in the manner set forth in Article 3
(commencing with Section...
|
California Water Code Section 10621
(a) Each urban water supplier shall update its plan at least
once every five years on or before December 31, in years ending in
five and zero.
(b)
|
California Water Code Section 10630
It is the intention of the Legislature, in enacting this
part, to permit levels of water management planning commensurate with
the numbers of...
|
California Water Code Section 10631
A plan shall be adopted in accordance with this chapter and
shall do all of the following:
(a) Describe the service area of the supplier,...
|
California Water Code Section 10631.1
(a) The water use projections required by Section 10631
shall include projected water use for single-family and multifamily
residential housing...
|
California Water Code Section 10631.5
(a) (1) Beginning January 1, 2009, the terms of, and
eligibility for, a water management grant or loan made to an urban
water supplier and awarded or
|
California Water Code Section 10631.7
The department, in consultation with the California Urban
Water Conservation Council, shall convene an independent technical
panel to provide...
|
California Water Code Section 10632
The plan shall provide an urban water shortage contingency
analysis which includes each of the following elements which are
within the authority of...
|
California Water Code Section 10633
The plan shall provide, to the extent available, information
on recycled water and its potential for use as a water source in the
service area of the
|
California Water Code Section 10634
The plan shall include information, to the extent
practicable, relating to the quality of existing sources of water
available to the supplier over...
|
California Water Code Section 10635
(a) Every urban water supplier shall include, as part of its
urban water management plan, an assessment of the reliability of its
water service to...
|
California Water Code Section 10640
Every urban water supplier required to prepare a plan
pursuant to this part shall prepare its plan pursuant to Article 2
(commencing with Section...
|
California Water Code Section 10641
An urban water supplier required to prepare a plan may
consult with, and obtain comments from, any public agency or state
agency or any person who...
|
California Water Code Section 10642
Each urban water supplier shall encourage the active
involvement of diverse social, cultural, and economic elements of
the population within the...
|
California Water Code Section 10643
An urban water supplier shall implement its plan adopted
pursuant to this chapter in accordance with the schedule set forth in
its plan.
|
California Water Code Section 10644
(a) An urban water supplier shall submit to the department,
the California State Library, and any city or county within which the
supplier provides...
|
California Water Code Section 10645
Not later than 30 days after filing a copy of its plan with
the department, the urban water supplier and the department shall
make the plan available
|
California Water Code Section 10650
Any actions or proceedings to attack, review, set aside,
void, or annul the acts or decisions of an urban water supplier on
the grounds of...
|
California Water Code Section 10651
In any action or proceeding to attack, review, set aside,
void, or annul a plan, or an action taken pursuant to the plan by an
urban water supplier...
|
California Water Code Section 10652
The California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code) does
not apply to the preparation
|
California Water Code Section 10653
The adoption of a plan shall satisfy any requirements of
state law, regulation, or order, including those of the State Water
Resources Control Board...
|
California Water Code Section 10654
An urban water supplier may recover in its rates the costs
incurred in preparing its plan and implementing the reasonable water
conservation measures
|
California Water Code Section 10655
If any provision of this part or the application thereof to
any person or circumstances is held invalid, that invalidity shall
not affect other...
|
California Water Code Section 10656
An urban water supplier that does not prepare, adopt, and
submit its urban water management plan to the department in
accordance with this part, is...
|
California Water Code Section 10700
This part applies only to the area within the existing
boundaries of the Mendocino City Community Services District.
|
California Water Code Section 10701
(a) As used in this part, "local agency" means any city,
county, district, agency, or other political subdivision of the state
for the local...
|
California Water Code Section 10702
Any local agency which is authorized by law to provide water
services may, by ordinance, or by resolution if the local agency is
not authorized to...
|
California Water Code Section 10703
Prior to the adoption of a groundwater management program,
the governing board of the local agency shall hold a public hearing,
after publication of...
|
California Water Code Section 10704
After the conclusion of the hearing, and if the governing
board adopts a resolution of intention, copies of the groundwater
management program shall...
|
California Water Code Section 10705
After the adoption of a resolution of intention, the
governing board shall hold a second hearing and consider protests to
the implementation of the...
|
California Water Code Section 10706
A majority protest shall be determined to exist if the
governing board finds that the protests filed and not withdrawn prior
to the conclusion of the
|
California Water Code Section 10707
A local agency authorized to establish programs for the
management of groundwater resources pursuant to this part may for
that purpose enter into a...
|
California Water Code Section 10708
A local agency which establishes a program for the
management of groundwater resources pursuant to this part may fix and
collect rates for the...
|
California Water Code Section 10709
For purposes of groundwater management, a local agency
authorized to establish programs for the management of groundwater
resources pursuant to this...
|
California Water Code Section 10710
Before a local agency may levy a water replenishment
assessment as authorized in Section 10709 or may otherwise fix and
collect rates for the...
|
California Water Code Section 10711
No local agency shall exercise the powers authorized by this
part within the boundaries of another local agency authorized by law
to provide water...
|
California Water Code Section 10712
No local agency shall exercise the powers authorized by this
part within the boundaries of another local agency providing water
service to any or all
|
California Water Code Section 10713
If a local agency annexes land subject to a groundwater
management program of another local agency, the local agency annexing
the land shall continue
|
California Water Code Section 10714
This part neither preempts, negates, affects, nor infers the
existence of any powers of a local agency in other groundwater
basins of the state to...
|
California Water Code Section 10715
This part is in addition to, and not a limitation on, any
powers of a local agency otherwise granted by law.
|
California Water Code Section 10716
This part does not exempt any local agency formed under any
act requiring the approval of its leases, contracts, or issuance of
securities by the...
|
California Water Code Section 10717
A local agency shall no longer be authorized to exercise the
powers conferred by this part upon the completion and implementation
of a municipal...
|
California Water Code Section 10750
(a) The Legislature finds and declares that groundwater is a
valuable natural resource in California, and should be managed to
ensure both its safe...
|
California Water Code Section 10750.2
(a) Subject to subdivision (b), this part applies to all
groundwater basins in the state.
(b) This part does not apply to any portion of a...
|
California Water Code Section 10750.4
Nothing in this part requires a local agency overlying a
groundwater basin to adopt or implement a groundwater management plan
or groundwater...
|
California Water Code Section 10750.6
Nothing in this part affects the authority of a local
agency or a watermaster to manage groundwater pursuant to other
provisions of law or a court...
|
California Water Code Section 10750.7
(a) A local agency may not manage groundwater pursuant to
this part within the service area of another local agency, a water
corporation regulated by
|
California Water Code Section 10750.8
(a) A local agency may not manage groundwater pursuant to
this part within the service area of another local agency without the
agreement of that...
|
California Water Code Section 10750.9
(a) A local agency that commences procedures, prior to
January 1, 1993, to adopt an ordinance or resolution to establish a
program for the management
|
California Water Code Section 10750.10
This part is in addition to, and not a limitation on, the
authority granted to a local agency pursuant to other provisions of
law.
|
California Water Code Section 10752
Unless the context otherwise requires, the following
definitions govern the construction of this part:
(a) "Groundwater" means all water beneath...
|
California Water Code Section 10753
(a) Any local agency, whose service area includes a
groundwater basin, or a portion of a groundwater basin, that is not
subject to groundwater...
|
California Water Code Section 10753.1
Nothing in this part, or in any groundwater management
plan adopted pursuant to this part, affects surface water rights or
the procedures under...
|
California Water Code Section 10753.2
(a) Prior to adopting a resolution of intention to draft a
groundwater management plan, a local agency shall hold a hearing,
after publication of...
|
California Water Code Section 10753.3
(a) After the conclusion of the hearing, and if the local
agency adopts a resolution of intention, the local agency shall
publish the resolution of...
|
California Water Code Section 10753.4
(a) The local agency shall prepare a groundwater
management plan within two years of the date of the adoption of the
resolution of intention. If the
|
California Water Code Section 10753.5
(a) After a groundwater management plan is prepared, the
local agency shall hold a second hearing to determine whether to
adopt the plan. Notice of...
|
California Water Code Section 10753.6
(a) A written protest filed by a landowner shall include
the landowner's signature and a description of the land owned
sufficient to identify the...
|
California Water Code Section 10753.7
(a) For the purposes of qualifying as a groundwater
management plan under this section, a plan shall contain the
components that are set forth in...
|
California Water Code Section 10753.8
A groundwater management plan may include components
relating to all of the following:
(a) The control of saline water intrusion.
(b)...
|
California Water Code Section 10753.9
(a) A local agency shall adopt rules and regulations to
implement and enforce a groundwater management plan adopted pursuant
to this part.
(b)...
|
California Water Code Section 10753.10
In adopting rules and regulations pursuant to Section
10753.9, the local agency shall consider the potential impact of
those rules and regulations on
|
California Water Code Section 10754
For purposes of groundwater management, a local agency that
adopts a groundwater management plan pursuant to this part has the
authority of a water...
|
California Water Code Section 10754.2
(a) Subject to Section 10754.3, except as specified in
subdivision (b), a local agency that adopts a groundwater management
plan pursuant to this...
|
California Water Code Section 10754.3
Before a local agency may levy a water management
assessment pursuant to Section 10754.2 or otherwise fix and collect
fees for the replenishment or...
|
California Water Code Section 10755
(a) If a local agency annexes land subject to a groundwater
management plan adopted pursuant to this part, the local agency
annexing the land shall...
|
California Water Code Section 10755.2
(a) It is the intent of the Legislature to encourage local
agencies, within the same groundwater basin, that are authorized to
adopt groundwater...
|
California Water Code Section 10755.3
Local agencies within the same groundwater basin that
conduct groundwater management programs within that basin pursuant to
this part, and cities and
|
California Water Code Section 10755.4
Except in those groundwater basins that are subject to
critical conditions of groundwater overdraft, as identified in the
department's Bulletin...
|
California Water Code Section 10780
This part shall be known and may be cited as the Groundwater
Quality Monitoring Act of 2001.
|
California Water Code Section 10781
In order to improve comprehensive groundwater monitoring and
increase the availability to the public of information about
groundwater contamination,...
|
California Water Code Section 10782
(a) On or before June 1, 2009, the state board shall do both
of the following:
(1) Identify and recommend to the Legislature funding options to...
|
California Water Code Section 10782.3
The state board shall use existing resources to carry out
this part, and the operation of the program set forth in this part
shall not supplant the...
|
California Water Code Section 10795
This part shall be known and may be cited as the Local
Groundwater Management Assistance Act of 2000.
|
California Water Code Section 10795.2
There is hereby created the Local Groundwater Assistance
Fund which shall be administered by the department.
|
California Water Code Section 10795.4
Upon appropriation by the Legislature, the money in the
fund may be used by the department to assist local public agencies by
awarding grants to...
|
California Water Code Section 10795.6
The department, in making grants pursuant to this part,
shall do both of the following:
(a) Award grants based on the recommendations submitted by
|
California Water Code Section 10795.8
The department may enter into contracts and may adopt
regulations subject to the advice and review of the Technical
Advisory Panel, to carry out this
|
California Water Code Section 10795.10
An application for a grant under this part shall be made
to the department in the form and with the supporting materials
prescribed by the...
|
California Water Code Section 10795.12
(a) A Technical Advisory Panel shall review applications
for grants based on criteria developed by the panel.
(b) The Technical Advisory Panel...
|
California Water Code Section 10795.14
(a) The Technical Advisory Panel shall be comprised of
individuals appointed by the Secretary of the Resources Agency.
(b) (1) Panelists shall...
|
California Water Code Section 10795.16
(a) If a member of the Technical Advisory Panel, or a
member of his or her immediate family, is employed by a grant
applicant , the employer of a...
|
California Water Code Section 10795.19
A local public agency receiving a grant under this part
shall submit to the department copies of all data collected pursuant
to the grant.
|
California Water Code Section 10795.20
Federal funds may be used for the purposes of this part.
|
California Water Code Section 10800
This part shall be known and may be cited as the
Agricultural Water Management Planning Act.
|
California Water Code Section 10801
The Legislature finds and declares as follows:
(a) The waters of the state are a limited and renewable resource.
(b) The Constitution requires
|
California Water Code Section 10802
The Legislature finds and declares that it is the policy of
the state as follows:
(a) The conservation of water shall be pursued actively to...
|
California Water Code Section 10810
Unless the context otherwise requires, the definitions of
this chapter govern the construction of this part.
|
California Water Code Section 10811
"Conservation" means the use of cost-effective measures that
reduce evapotranspiration, evaporation, or flows to unusable water
bodies in order to...
|
California Water Code Section 10812
"Customer" means a purchaser of water from a water supplier
who uses water for agricultural purposes.
|
California Water Code Section 10813
"Person" means any individual, firm, association,
organization, partnership, business, trust, corporation, company,
public agency, or any agency of...
|
California Water Code Section 10814
"Plan" means an agricultural water management plan prepared
pursuant to this part. A plan shall describe and evaluate reasonable
and practical...
|
California Water Code Section 10815
"Public agency" means any board, commission, county, city
and county, city, regional agency, district, or other public entity.
|
California Water Code Section 10816
"Agricultural water supplier" or "supplier" means a
supplier, either publicly or privately owned, supplying more than
50,000 acre-feet of water...
|
California Water Code Section 10820
(a) The requirements of this part shall be satisfied by any
water management or conservation plan prepared to meet federal or
state laws or...
|
California Water Code Section 10821
(a) Every agricultural water supplier serving water directly
to customers shall prepare an informational report based on
information from the last...
|
California Water Code Section 10822
Every person that becomes an agricultural water supplier
after December 31, 1988, shall comply with the requirements of this
part within two years...
|
California Water Code Section 10823
An agricultural water supplier indirectly providing water to
customers may adopt an agricultural water management plan or
participate in areawide,...
|
California Water Code Section 10824
An agricultural water supplier may satisfy the requirements
of this part by participation in areawide, regional, watershed, or
basinwide agricultural
|
California Water Code Section 10825
To the extent information is available, the reports shall
address all of the following:
(a) The quantity and source of water delivered to, and by,
|
California Water Code Section 10826
To the extent information is available, the plans shall
address all of the following:
(a) The quantity and source of surface water, groundwater,...
|
California Water Code Section 10840
Every agricultural water supplier required to prepare a
water management plan pursuant to subdivision (d) of Section 10821
shall prepare its plan...
|
California Water Code Section 10841
(a) An agricultural water supplier required to prepare a
plan may consult with, and obtain comments from, any public agency or
state agency or any...
|
California Water Code Section 10842
Prior to adopting a plan, the agricultural water supplier
shall make the plan available for public inspection and shall hold a
public hearing...
|
California Water Code Section 10843
An agricultural water supplier shall implement its plan
adopted pursuant to this chapter in accordance with the schedule set
forth in its plan, as...
|
California Water Code Section 10844
An agricultural water supplier shall file with the
department a copy of its plan no later than 30 days after adoption.
Copies of amendments or...
|
California Water Code Section 10845
The adoption of a plan or submission of a report as
specified in subdivision (d) of Section 10821 satisfies any
requirements of state statute,...
|
California Water Code Section 10850
(a) Any actions or proceedings to attack, review, set aside,
void, or annul the acts or decisions of an agricultural water
supplier on the grounds of
|
California Water Code Section 10851
The California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code) does
not apply to the preparation
|
California Water Code Section 10852
If any provision of this part or the application thereof to
any person or circumstances is held invalid, that invalidity shall
not affect other...
|
California Water Code Section 10853
The department, from funds appropriated for this purpose,
shall reimburse each supplier preparing an informational report
pursuant to this part for...
|
California Water Code Section 10854
No agricultural water supplier shall be required to prepare
an agricultural water management plan pursuant to this part unless
funds are appropriated
|
California Water Code Section 10855
This part shall remain operative only until January 1, 1993,
except that, if an agricultural water supplier fails to submit its
information report or
|
California Water Code Section 10900
This part shall be known and may be cited as the
Agricultural Water Suppliers Efficient Water Management Practices
Act.
|
California Water Code Section 10901
The Legislature finds and declares as follows:
(a) Agriculture is a vital industry in California.
(b) The waters of the state are a limited and
|
California Water Code Section 10902
Unless the context otherwise requires, the definitions in
this section govern construction of this part.
(a) "Agricultural water supplier" or...
|
California Water Code Section 10903
(a) The department shall establish an advisory committee
comprised of representatives of the California farming community,
agricultural water...
|
California Water Code Section 10904
(a) The department shall offer assistance to agricultural
water suppliers to implement efficient water management practices to
improve the efficiency
|
California Water Code Section 10910
(a) Any city or county that determines that a project, as
defined in Section 10912, is subject to the California Environmental
Quality Act (Division...
|
California Water Code Section 10911
(a) If, as a result of its assessment, the public water
system concludes that its water supplies are, or will be,
insufficient, the public water...
|
California Water Code Section 10912
For the purposes of this part, the following terms have the
following meanings:
(a) "Project" means any of the following:
(1) A proposed...
|
California Water Code Section 10914
(a) Nothing in this part is intended to create a right or
entitlement to water service or any specific level of water service.
(b) Nothing in...
|
California Water Code Section 10915
The County of San Diego is deemed to comply with this part
if the Office of Planning and Research determines that all of the
following conditions...
|
California Water Code Section 11100
The definitions in this article govern the construction of
this part only.
|
California Water Code Section 11102
"State agency" includes any irrigation district, reclamation
district, municipal utility district, public utility district, water
district, water...
|
California Water Code Section 11103
"Electric power" includes "electricity," "electric energy"
and "electrical energy."
|
California Water Code Section 11104
"Project" means the Central Valley Project.
|
California Water Code Section 11105
"Construction fund" means the Central Valley Water Project
Construction Fund.
|
California Water Code Section 11106
"Revenue fund" means the Central Valley Water Project
Revenue Fund.
|
California Water Code Section 11107
Unless the context otherwise requires, "bond" means any bond
or other written evidence of indebtedness which the department may
issue under this part
|
California Water Code Section 11125
The public interest, welfare, convenience, and necessity
require the construction in the manner provided in this part of a
system of works for the...
|
California Water Code Section 11126
The construction, operation, and maintenance of the project
as provided for in this part is in all respects for the welfare and
benefit of the people
|
California Water Code Section 11127
The department shall be regarded as performing a
governmental function in carrying out the provisions of this part.
|
California Water Code Section 11128
The limitations prescribed in Section 11460 and 11463 shall
also apply to any agency of the State or Federal Government which
shall undertake the...
|
California Water Code Section 11130
The State hereby consents to the use and occupation of any
real property now or hereafter owned by it, and not dedicated to
public use, necessary for
|
California Water Code Section 11131
Whenever any land or rights of way of the State heretofore
or hereafter dedicated to public use are necessary for the
construction, operation, or...
|
California Water Code Section 11135
Any State agency may advance or contribute money, rights of
way, labor, materials, and any other property for the construction,
operation, or...
|
California Water Code Section 11136
Appropriations for advances or contributions under this
article may be made from any funds available for the purpose.
|
California Water Code Section 11137
Any State agency may issue its general obligation bonds for
the purpose of making advances or contributions under this article
and all proceedings...
|
California Water Code Section 11138
Money or property advanced or contributed may be immediately
transferred or delivered to the department to be used for the
purpose for which the...
|
California Water Code Section 11139
The department may enter into an agreement with any state
agency to repay any money or the value of any rights of way, labor,
materials, or other...
|
California Water Code Section 11140
After all bonds issued have been fully redeemed and paid,
the department may continue to collect revenues from the use and
operation of the project...
|
California Water Code Section 11141
The department may receive and accept from any and all
sources money, rights of way, labor, materials, or any other property
for the construction,...
|
California Water Code Section 11155
The State Controller, the State Treasurer, and the
department shall keep full and particular account and record of all
their proceedings under this...
|
California Water Code Section 11160
The department, the officials thereof, and all state
officials may do such acts and make such agreements not inconsistent
with law as may be...
|
California Water Code Section 11200
Subject to Articles 9.5 (commencing at Section 11260), 9.7
(commencing at Section 11270), and 9.9 (commencing at Section 11276)
hereof, the...
|
California Water Code Section 11201
The project as authorized by this part consists of the units
provided for in this chapter.
|
California Water Code Section 11205
The unit designated as Shasta Dam consists of the following:
(a) A dam, reservoir, and one or more hydroelectric power plants,
with necessary...
|
California Water Code Section 11206
The transmission line shall be located in such manner and
along such route as to enable the most convenient distribution of
electric power to the...
|
California Water Code Section 11207
Shasta Dam shall be constructed and used primarily for the
following purposes:
(a) Improvement of navigation on the Sacramento River to Red...
|
California Water Code Section 11208
Shasta Dam shall be constructed and used secondarily for the
generation of electric power and other beneficial uses.
|
California Water Code Section 11209
The dam shall be built to such height and the power plant or
plants shall be of such capacity as the department determines. The
reservoir shall have
|
California Water Code Section 11215
The unit designated as the Contra Costa Conduit consists of
a conduit or canal equipped with all necessary pumping plants and
other works to convey...
|
California Water Code Section 11216
The Contra Costa Conduit shall be of such capacity as the
department determines to be necessary to furnish an adequate supply
of water for...
|
California Water Code Section 11220
The unit designated as the San Joaquin Pumping System
consists of a channel or canal with all necessary dams, pumping
plants, conduits, and other...
|
California Water Code Section 11225
The unit designated as Friant Dam consists of a dam,
reservoir, and one or more hydroelectric power plants to be located
on the San Joaquin River at...
|
California Water Code Section 11226
Friant Dam shall be constructed and used primarily for
improvement of navigation, flood control, and storage and
stabilization of the water supply of
|
California Water Code Section 11227
The dam shall be built to such height and the power plant or
plants shall be of such capacity as the department determines. The
reservoir shall have
|
California Water Code Section 11230
The unit designated as the Madera Canal consists of a canal
or conduit leading from the reservoir of Friant Dam northerly to a
point on the...
|
California Water Code Section 11231
The Madera Canal shall be of such capacity as the department
determines to be necessary to furnish an adequate supply of water
for beneficial...
|
California Water Code Section 11235
The unit designated as the Friant-Kern Canal consists of a
canal or conduit extending from the reservoir of Friant Dam southerly
to a point on Kern...
|
California Water Code Section 11236
The Friant-Kern Canal shall be of such capacity as the
department determines to be necessary to furnish an adequate supply
of water for beneficial...
|
California Water Code Section 11237
The unit may include such pumps, supplemental dams, and
other works as the department determines to be necessary for the
economical and advantageous...
|
California Water Code Section 11240
The unit designated as the Tehama-Colusa Canal consists of a
conduit or canal, equipped with the necessary dams, pumping plants,
groundwater recharge
|
California Water Code Section 11241
The Tehama-Colusa Canal shall have the capacity that the
department, in cooperation with local public agencies in the service
area, determines to be...
|
California Water Code Section 11242
The water facilities authorized by Sections 11240 and 11241
may be constructed, owned, and operated by one or more local
agencies, the department, or
|
California Water Code Section 11250
The unit designated as the Tehama-Butte Conduit consists of
a conduit or canal, equipped with all necessary dams, pumping plants,
and other...
|
California Water Code Section 11251
The Tehama-Butte Conduit shall be of such capacity as the
department determines to be necessary to furnish an adequate supply
of water for...
|
California Water Code Section 11252
The unit designated as Hogan Dam and Reservoir,
substantially in accordance with the recommendations of the Chief of
Engineers in House Document No....
|
California Water Code Section 11253
Pending construction of the unit described in Section 11252,
herein designated "New Hogan," the department may acquire and
operate as a unit of the...
|
California Water Code Section 11254
Contracts entered into between the department and the City
of Stockton in connection with the transfer of "Old Hogan" to the
State, including...
|
California Water Code Section 11255
Pursuant to the authority contained in Section 12931, the
Legislature hereby authorizes, as a part of the State Water Resources
Development System,...
|
California Water Code Section 11256
In conducting the feasibility investigations for the Los
Banos Grandes Reservoir, the department shall consider the impact of
the project on drainage
|
California Water Code Section 11257
The department may use Central Valley Project revenue bonds
to finance, all or in part, the construction of the Los Banos Grandes
Reservoir.
|
California Water Code Section 11258
The project shall include facilities south of the
Sacramento-San Joaquin Delta for utilizing groundwater storage space,
determined by the director to
|
California Water Code Section 11260
The units set forth in publication of the State Water
Resources Board entitled "Report on Feasibility of Feather River
Project and Sacramento-San...
|
California Water Code Section 11261
The reservoir constructed at Cedar Springs in the San
Bernardino Mountains as part of the Feather River Project shall be
known as "Silverwood Lake."
|
California Water Code Section 11265
The American River Development, as described in Public Law
356 of the Eighty-first Congress, First Session, and as constructed
by the Federal...
|
California Water Code Section 11270
The unit of the North Bay Aqueduct as set forth in Bulletin
No. 60 of the Department of Water Resources entitled "Salinity
Control Barrier...
|
California Water Code Section 11271
The operation of the North Bay Aqueduct, or any joint-use
facilities of that unit or project, shall conform to any applicable
standard established by
|
California Water Code Section 11276
Black Butte Dam and Reservoir, substantially in accordance
with the recommendations of the Chief of Engineers in House Document
Numbered 649, 78th...
|
California Water Code Section 11290
The project includes such other units as may be from time to
time added by the department to the units specifically enumerated.
The department may...
|
California Water Code Section 11295
In addition to the works specified, the units shall include
such plants and works for the generation of electric power by steam
or other power, and...
|
California Water Code Section 11419
The department shall keep full and complete accounts
concerning all matters and things relating to the project and
annually shall prepare balance...
|
California Water Code Section 11420
All books and papers pertaining to matters provided for in
this part shall at all reasonable times be open to the inspection of
any party interested...
|
California Water Code Section 11450
The provisions of this article are subject to the provisions
of Chapter 4 of this part.
|
California Water Code Section 11451
The department shall have full charge and control of the
construction, operation, and maintenance of the project and the
collection of all rates,...
|
California Water Code Section 11452
The department shall proceed with the construction of the
project immediately upon funds being available therefor and shall
carry such work to...
|
California Water Code Section 11453
The collection of rates, charges, and revenues shall be
continued as provided in this part until all bonds issued are fully
redeemed and paid.
|
California Water Code Section 11454
Under such regulations and upon such terms, limitations, and
conditions as it prescribes, the department may do any of the
following:
(a) Fix and...
|
California Water Code Section 11455
The department shall enter into such contracts and fix and
establish such prices, rates, and charges so as at all times to
provide revenue which will
|
California Water Code Section 11460
In the construction and operation by the department of any
project under the provisions of this part a watershed or area wherein
water originates, or
|
California Water Code Section 11461
In no other way than by purchase or otherwise as provided in
this part shall water rights of a watershed, area, or the
inhabitants be impaired or...
|
California Water Code Section 11462
The provisions of this article shall not be so construed as
to create any new property rights other than against the department
as provided in this...
|
California Water Code Section 11463
In the construction and operation by the department of any
project under the provisions of this part, no exchange of the water
of any watershed or...
|
California Water Code Section 11464
No water right, reservoir, conduit, or facility for the
generation, production, transmission, or distribution of electric
power, acquired by the...
|
California Water Code Section 11465
The department shall not make any change, alteration, or
revision of any rates, prices, or charges established by any contract
entered into pursuant...
|
California Water Code Section 11500
Notwithstanding anything in this part to the contrary or in
conflict herewith the department may do any or all of the following:
(a) Enter into...
|
California Water Code Section 11550
The provisions of this chapter are subject to the provisions
of Chapter 4 of this part.
|
California Water Code Section 11551
The department shall design all works to be constructed
under this part.
|
California Water Code Section 11552
The department may construct the works or any portion
thereof or may contract with the United States that the works or any
portion thereof may be...
|
California Water Code Section 11553
The cost of all works authorized to be constructed under
this chapter shall be paid from the proceeds of bonds issued and sold
under the provisions...
|
California Water Code Section 11554
All works constructed pursuant to this chapter shall be
constructed under and in accordance with the provisions of the State
Contract Act insofar as...
|
California Water Code Section 11554.1
Notwithstanding any provisions of the State Contract Act,
the department may award and enter into construction contracts which
require expenditures...
|
California Water Code Section 11555
The department shall require of each contractor bonds for
the faithful performance of any contract or subcontract and for the
payment for any labor,...
|
California Water Code Section 11556
Money realized on any such bonds shall be paid into the
construction fund.
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California Water Code Section 11560
The department shall construct the project when, in its
judgment, appropriations, contributions, and revenues from all
sources which are available or
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California Water Code Section 11565
The construction of all or any part of the San Joaquin
Pumping System may be deferred until such time as the department
determines that the...
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California Water Code Section 11566
In case the construction of all or any part of the San
Joaquin Pumping System is deferred, the construction of all other
units of the project shall...
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California Water Code Section 11567
The department shall ascertain and determine when the
project or any unit thereof is completed and thereupon the project or
unit shall be deemed...
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California Water Code Section 11575
For the purpose of constructing, maintaining, and operating
the project and for the purpose of providing and substituting new
facilities for...
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California Water Code Section 11576
The cost of contruction of the project includes the cost and
expense of acquiring property and any such cost and expense is an
integral part of the...
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California Water Code Section 11577
Nothing in this chapter shall in any way interfere with or
abridge the right of the department or of any state agency to acquire
any property through
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California Water Code Section 11578
In any lease, easement, or right of entry agreement entered
into whereby the department leases real property or obtains a grant
of easement,...
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California Water Code Section 11580
When the department cannot acquire any necessary property by
agreement with the owner, the department may exercise the power of
eminent domain to...
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California Water Code Section 11584
No water which, prior to January 13, 1934, was appropriated,
or for which application has been filed prior to January 13, 1934,
and remains in good...
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California Water Code Section 11585
Where any water or property mentioned in the next preceding
section has, prior to July 1, 1933, been filed on, appropriated, or
dedicated to public...
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California Water Code Section 11586
Where any water or property mentioned in Section 11584 has,
prior to July 1, 1933, been filed on, appropriated, or dedicated to a
public use by any...
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California Water Code Section 11588
Whenever the right of occupancy of any person upon national
forest or national park lands is terminated because of the
construction of the project,...
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California Water Code Section 11590
The department has no power to take or destroy the whole or
any part of the line or plant of any common carrier railroad, other
public utility, or...
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California Water Code Section 11591
The expense of the department in complying with the
requirements of this article is part of the cost of constructing the
project.
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California Water Code Section 11592
In the event the department and any common carrier railroad,
other public utility, or state agency fail to agree as to the
character or location of...
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California Water Code Section 11595
Subject to the provisions of Section 11464, the department
may do any of the following:
(a) Sell or otherwise dispose of any rights of way,...
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California Water Code Section 11625
Any state agency, mutual water company, political
subdivision, or other entity or organization may enter into contracts
with the department for the...
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California Water Code Section 11626
In entering into and awarding contracts, in case of equal or
equivalent offers, including consideration of the cost of
construction, operation, and...
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California Water Code Section 11627
Every contract made by the department for the sale of water,
use of water, water storage, electric power, or other service shall
provide that, in the
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California Water Code Section 11628
The act of the department in ceasing on any default to
furnish or deliver water, use of water, water storage, electric
power, or other service under...
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California Water Code Section 11650
In case of the award by the department of any contract or
lease to any state agency for the furnishing of water, the use of
water, water storage,...
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California Water Code Section 11651
The governing body charged with the levying of taxes or
assessments in any state agency which contracts to purchase from the
department any water,...
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California Water Code Section 11652
The governing body shall, whenever necessary, levy upon all
property in the state agency not exempt from taxation, a tax or
assessment sufficient to...
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California Water Code Section 11653
All officers of any State agency charged with the collection
of the taxes or assessments levied by the State agency shall enforce
and collect all...
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California Water Code Section 11654
All money collected for taxes or assessments under this
article shall be kept in a separate fund by the treasurer or other
officer of the state...
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California Water Code Section 11655
In the event of failure, neglect, or refusal of any officer
of any state agency to levy any tax or assessment necessary to
provide payment by the...
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California Water Code Section 11656
The use by the department of any remedy specified in this
article for the enforcement of any contract made with it is not
exclusive and shall not...
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California Water Code Section 11661
In addition to the powers conferred by law, and not in
derogation or in limitation thereof, any state agency may enter into
and execute appropriate...
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California Water Code Section 11661.1
The department may agree in a contract with a state agency
or department of a state agency that payments to be made under a
contract for joint...
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California Water Code Section 11662
Any State agency may comply with the terms, provisions, and
conditions of any contract entered into by it pursuant to this
article.
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California Water Code Section 11663
Any state agency may, in or pursuant to a contract with the
department, do any or all of the following:
(a) Provide in the contract for the...
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California Water Code Section 11664
All funds accruing to a special account established pursuant
to the next preceding section, or deposited therein, in compliance
with the terms and...
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California Water Code Section 11670
Any contract or lease made by the department with any
person, other than a state agency, providing for the furnishing by
the department of water, the
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California Water Code Section 11671
The department shall not cancel any contract or lease under
the next preceding section unless and until it first determines and
assures itself that...
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California Water Code Section 11700
For the purpose of providing money and funds to pay the cost
and expense of carrying out any of the objects and purposes of this
part, the department
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California Water Code Section 11701
Whenever the department determines that it is necessary to
carry out any of the objects and purposes of this part, it shall
prepare preliminary cost...
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California Water Code Section 11705
Bonds shall be issued in the name of the department and
shall constitute obligations only of the department and shall be
identified as Central Valley
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California Water Code Section 11706
Any provisions not inconsistent with this part may be
contained in the proceedings authorizing the issuance of bonds which
limit, restrict, or...
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California Water Code Section 11707
While any bonds remain outstanding, the powers, duties or
existence of the department or any official or agency of the State
shall not be diminished...
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California Water Code Section 11708
The holder of any bond may by mandamus or other appropriate
proceedings require and compel the performance of any of the duties
imposed upon any...
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California Water Code Section 11709
The enumeration of rights and remedies in the next preceding
section does not exclude the exercise or prosecution of any other
rights or remedies by...
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California Water Code Section 11710
The department may contract loans and borrow money from the
United States through the sale of bonds upon such conditions and
terms as may be agreed...
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California Water Code Section 11711
Temporary or interim bonds, certificates, or receipts, of
any denominations and with or without coupons attached thereto,
signed by the director, may
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California Water Code Section 11712
The purchase price of bonds shall be paid for the account of
the department to the Treasurer or the designee of the Treasurer.
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California Water Code Section 11713
Notwithstanding anything otherwise provided in this part,
any expense incurred by the department for advertising, engraving,
printing, clerical,...
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California Water Code Section 11714
The department shall return the appropriation made by
Chapter 12 of the Statutes of 1935, or so much thereof as is used,
with interest thereon at the
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California Water Code Section 11720
Bonds issued under this part shall contain a recital on the
face thereof that the payment or redemption of the bonds and the
payment of interest...
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California Water Code Section 11721
Bonds issued under this part shall not constitute or be a
debt, liability, or obligation of the State. Payment of both
principal and interest of all
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California Water Code Section 11722
All bond redemption and interest payments shall constitute a
first and direct charge and lien on all revenues received from the
operation of the...
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California Water Code Section 11723
The collection of revenues shall be continued until all
bonds with interest thereon are fully redeemed and paid.
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California Water Code Section 11730
The department shall determine the form, conditions, and
denominations of all bonds and the dates which the bonds shall bear.
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California Water Code Section 11731
The department and the Treasurer shall determine the
interest rate or rates on the bonds. The rate or rates may be fixed
or variable and shall not...
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California Water Code Section 11732
It is not necessary that all bonds of the same authorized
issue bear the same interest rate.
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California Water Code Section 11733
Principal and interest on bonds shall be payable at such
place or places as may be fixed and determined by the department.
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California Water Code Section 11734
Bonds may contain provisions for registration thereof as to
principal only or as to both principal and interest.
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California Water Code Section 11735
Bonds may be issued in coupon form with interest payable at
such times as determined by the department and shall mature at such
times and in such...
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California Water Code Section 11736
The department may provide for the retirement of bonds at
any time or times prior to their maturity and in such manner and upon
payment of such...
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California Water Code Section 11736.5
The department may enter into banking, insurance,
remarketing, and other financial arrangements as may be necessary or
desirable to provide...
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California Water Code Section 11737
All bonds shall be signed by the director and countersigned
by the Governor.
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California Water Code Section 11738
The signature of the director and the Governor may be by
facsimile.
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California Water Code Section 11739
All interest coupons shall bear the facsimile signature of
the director.
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California Water Code Section 11740
In case any officer whose signature or countersignature
appears on the bonds or coupons ceases to be such officer before the
delivery of the bonds to
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California Water Code Section 11750
Bonds may be issued and sold from time to time and in such
amounts as may be deemed necessary in the judgment of the department
to provide sufficient
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California Water Code Section 11751
Bonds may be sold below the par or face value thereof, but
the sale price shall not be less than 94 percent of the par or face
value of the bonds,...
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California Water Code Section 11752
Successive issues of bonds shall have equal preference with
respect to the redemption thereof and the payment of interest
thereon, but the department
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California Water Code Section 11753
All bonds issued are negotiable instruments.
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California Water Code Section 11754
All bonds authorized for issuance by the department shall be
sold by the Treasurer at public sale by bid or at private sale by
negotiation, as...
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California Water Code Section 11755
The department may borrow money in anticipation of the sale
of bonds duly authorized to be issued, but which have not yet been
sold and delivered,...
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California Water Code Section 11760
The proceeds from the sale of bonds shall be paid to the
Treasurer or the designee of the Treasurer to the credit of the
construction fund.
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California Water Code Section 11761
The proceeds shall be paid out, disbursed, or applied solely
for one or more of the following:
(a) The construction, reconstruction, and repair of
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California Water Code Section 11761.5
(a) If the department sells bonds to finance a water
purchase, the bonds, including all refinancing of the bonds, shall be
scheduled to mature within
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California Water Code Section 11762
The department may agree with the purchaser of bonds upon
any conditions or limitations restricting the disbursement of the
proceeds that may be...
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California Water Code Section 11770
From the money deposited in the construction fund the State
Treasurer shall transfer to the place or places of payment named in
the bonds the sums...
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California Water Code Section 11771
After the periods mentioned in the next preceding section
the Treasurer shall transfer from the revenue fund to the place or
places named in the...
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California Water Code Section 11772
All funds transferred for the payment of principal or
interest on bonds shall be segregated and applied solely for the
payment of the principal and...
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California Water Code Section 11780
Any surplus which exists in the construction fund shall be
applied to the retirement of bonds issued for construction of the
project by purchase or...
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California Water Code Section 11781
In the event the bonds cannot be purchased at a price
satisfactory to the department and are not by their terms callable
prior to maturity such...
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California Water Code Section 11782
The proceedings authorizing the issuance of bonds may
provide limitations and conditions upon the time and manner of
applying such surplus to the...
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California Water Code Section 11783
The terms upon which the bonds shall be purchased or called
and such limitations and conditions as are mentioned in the preceding
section shall be...
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California Water Code Section 11784
All bonds retired by purchase or call shall be immediately
canceled.
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California Water Code Section 11800
Money required to meet the costs of construction of the
project and all expenses and costs incidental thereto and to meet the
costs of operating and...
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California Water Code Section 11801
All interest received or earned on money deposited in a fund
provided for in this part shall be credited to and become a part of
the particular fund...
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California Water Code Section 11802
The proceedings authorizing the issuance of bonds may
contain appropriate provisions governing the use and application of
bond proceeds and revenues...
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California Water Code Section 11803
The department may provide in the proceedings authorizing
the issuance of bonds or may otherwise agree with the purchasers of
bonds regarding the...
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California Water Code Section 11804
The depositaries and security provided for or agreed upon
shall be qualified and eligible in accordance with the requirements
of law.
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California Water Code Section 11805
Notwithstanding anything contained in this part, the
proceeds received from the sale of bonds and the revenues received
from the operation of the...
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California Water Code Section 11806
The amounts required to be transferred by the State
Treasurer as provided in this part shall be ascertained and computed
by the department and the...
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California Water Code Section 11807
When the department, with the concurrence of the Department
of Finance, deems it in the best interests of the state, it may
authorize the State...
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California Water Code Section 11810
There is in the State Treasury The Central Valley Water
Project Construction Fund which is continued in existence.
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California Water Code Section 11811
The construction fund shall at all times be kept segregated
and set apart from all other funds.
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California Water Code Section 11812
Any and all appropriations and contributions received from
the United States, the State, any State agency, any political
subdivision, or any other...
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California Water Code Section 11813
All costs and expenses of the department, including interest
due and payable, incurred in performing the duties prescribed in
this part prior to and...
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California Water Code Section 11814
All the costs and expenses mentioned in the next preceding
section shall be charged as a part of the cost of construction of the
project and the...
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California Water Code Section 11815
There is in the State Treasury the Central Valley Water
Project Revenue Fund which is continued in existence.
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California Water Code Section 11816
All revenues received from the operation of the project
shall be paid over by the department at least monthly to the State
Treasurer.
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