text:
(a) It is the intent of the Legislature to appropriate funds sufficient to cover the costs incurred by the department for recreation and fish and wildlife enhancement specified pursuant to Section 11912, subject to legislative review and approval.

(b) The Davis-Dolwig Account is hereby created in the California Water Resources Development Bond Fund, created pursuant to Section 12935.

(c) On July 1, 2012, and every July 1 thereafter, the Controller shall transfer seven million five hundred thousand dollars ($7,500,000) from the General Fund portion of the Harbors and Watercraft Revolving Fund, created pursuant to Section 85 of the Harbors and Navigation Code, to the Davis-Dolwig Account. Notwithstanding Section 13340 of the Government Code, for the purposes of this chapter, seven million five hundred thousand dollars ($7,500,000) is continuously appropriated, without regard to fiscal years, from the Davis-Dolwig Account to the department for the costs of State Water Resources Development System, as described in Section 12931, facility operations, maintenance, and capital costs attributable to recreation and fish and wildlife enhancement as provided for in Section 11914. This subdivision shall be eligible for future adjustment by the Legislature in accordance with an appropriate water and power utility cost index, submitted by the department and approved by the Legislature by statute, that reflects changes in costs incurred or likely to be incurred by the department for operation, maintenance and capital costs of the State Water Resources Development System.

(d) (1) On July 1, 2012, and every July 1 thereafter, the Controller shall transfer two million five hundred thousand dollars ($2,500,000) from the General Fund portion of the Harbors and Watercraft Revolving Fund to the Davis-Dolwig Account. Notwithstanding Section 13340 of the Government Code, two million five hundred thousand dollars ($2,500,000) is continuously appropriated, without regard to fiscal years, from the Davis-Dolwig Account to the department for the payment of State Water Resources Development System recreation and fish and wildlife enhancement costs incurred pursuant to this chapter on or before December 31, 2011.

(2) This subdivision shall be inoperative when the Director of Finance certifies that all costs described in paragraph (1) have been paid.

(e) The department shall provide details of the balance and expenditures of the Davis-Dolwig Account as part of the annual Governor’s budget process.

(f) Any cost for recreation and fish and wildlife enhancement incurred in connection with the State Water Resources Development System that exceeds the funding provided pursuant to subdivision (c) may be provided upon further appropriation by the Legislature, pursuant to subdivision (c) of Section 75050 of the Public Resources Code.

(g) The funds made available to the department pursuant to subdivisions (c) and (f) shall fulfill the legislative intent of this chapter to provide funds for fish and wildlife enhancements and recreation.

(h) Any obligation incurred on or after July 1, 2012, for recreation and fish and wildlife enhancements separate from available funding in the Davis-Dolwig Account and any additional funding that may be appropriated by the Legislature for this purpose shall be reimbursed by the state only if approved by the Legislature by statute.

(i) Notwithstanding any other law, the Controller may use funds in the Davis-Dolwing Account for cashflow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code.

(j) Notwithstanding subdivision (c), any amount in the Davis-Dolwig Account in excess of twenty million dollars ($20,000,000) on June 30 of each year shall be transferred to the Harbors and Watercraft Revolving Fund.

history: (History: Added by Stats. 2012, Ch. 39, Sec. 116. (SB 1018) Effective June 27, 2012.)


kind: section

code: WAT

text: The department shall make any necessary revisions in the allocation of costs of any state water project works constructed for the development of water and power, or either, which would result from the expenditure of funds under this chapter for enhancement of fish and wildlife and recreation in connection with such works.

history: (History: Added by Stats. 1961, Ch. 867.)

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 10. Fish and Wildlife and Recreation in Connection With State Water Projects > 4. Planning and Construction of Projects


text: All moneys deposited in the Central Valley Water Project Construction Fund pursuant to the provisions of Section 12.1 of Chapter 138, Statutes of 1964, First Extraordinary Session and subdivision (c) of Section 6217 of the Public Resources Code, and all accruals to such moneys so deposited, are hereby appropriated to the department for expenditure by the department without regard to fiscal years for the purposes of the construction fund, in amounts equal to allocations to recreation and fish and wildlife enhancement and to the costs of acquiring rights-of-way, easements and property for recreation development which have become effective pursuant to Section 11912.

history: (History: Amended by Stats. 1968, Ch. 981.)

division: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES

chapter: 10. Fish and Wildlife and Recreation in Connection With State Water Projects

article: 4. Planning and Construction of Projects


text: The provisions of this chapter shall not limit the department in the financing and construction of any of the facilities of the State Water Resources Development System pursuant to the provisions of Chapter 8 (commencing with Section 12930) of Part 6, nor shall they constitute a limitation on or modification of the responsibility of the department to make allocations of costs provided for in water supply contracts executed pursuant thereto.

history: (History: Added by Stats. 1966, 1st Ex. Sess., Ch. 27.)


text:
For the purpose of furthering recreation in any project of the department, the department may exchange any real property it has acquired for property in the state owned by the United States which is of substantially equal value, whether or not such real property of the United States is adjacent to or needed for any project of the department. Such title or rights as the department deems necessary for the proper operation and maintenance of the water conservation, flood control or power features of any water project shall not be included in any exchange consummated under this section.

Any such exchange involving real property acquired by the department solely for recreation shall be concurred in by the Department of Parks and Recreation. Any such exchange involving property acquired by the department solely for fish and wildlife purposes shall be concurred in by the Department of Fish and Game. Any such exchange involving property acquired solely for fish, wildlife and recreational purposes shall be concurred in by the Department of Fish and Game and the Department of Parks and Recreation. Real property of the United States not necessary for a project of the department shall be acquired by the department by exchange under this section only if another agency of state government has agreed to acquire such real property from the department for the actual cost to the department of the real property which is to be given in exchange therefor; provided, that any amount appropriated to the department to reimburse it for prior expenditures for acquisition of such land shall be deducted from the actual cost.

history: (History: Added by Stats. 1965, Ch. 1050.)


text: The Department of Fish and Game shall manage fish and wildlife resources at state water projects, including any such additional resources as are created by such projects, in a manner compatible with the other uses of such projects.

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 10. Fish and Wildlife and Recreation in Connection With State Water Projects > 5. Powers and Duties of the Department of Fish and Game and the Department of Natural Resources


text:
The Department of Parks and Recreation is authorized to design, construct, operate, and maintain public recreation facilities at state water projects, with the exception of the planning, design, and construction of boating facilities, which shall be the responsibility of the Department of Navigation and Ocean Development pursuant to subdivision (c) of Section 50 of the Harbors and Navigation Code. Before commencing the construction of any such facilities, the Department of Parks and Recreation shall submit its plans and designs to the local governmental agencies having jurisdiction over the area involved. The Department of Parks and Recreation shall make every effort to fulfill its responsibilities under this section by entering into contracts with the United States, local public agencies, or other entities, to the end that maximum development of the recreational potential of state water projects shall be realized. The Department of Parks and Recreation shall have the authority to establish and enforce standards for the development, operation, and maintenance of such public recreation areas.

The design, construction, operation, and maintenance of public recreation facilities at state water projects, and the management of project lands and water surfaces for recreational use, shall be subject to the approval of the Department of Water Resources to ensure that they shall not defeat or impair the orderly operation of any state water project for its other authorized purposes and the accomplishment of such purposes.

history: (History: Amended by Stats. 1970, Ch. 1544.)

article: 5. Powers and Duties of the Department of Fish and Game and the Department of Natural Resources


text: Public recreation facilities in connection with state water projects are recreational areas.


text:
The Wildlife Conservation Board is authorized to design and construct public fishing access sites to aqueducts constructed as part of state water projects in accordance with such policies and procedures as may be established by the board.

To the extent practicable such fishing access sites shall be constructed upon lands acquired for state water project purposes; provided, that such additional lands as may be necessary for such fishing access sites shall be acquired by the Department of Water Resources pursuant to this chapter; and, provided further, that such facilities as may be necessary to assure the safe use of such fishing access sites by the public shall be constructed by the Department of Water Resources upon the appropriation of funds for such purposes by the Legislature.

Plans for such fishing access sites shall be subject to the approval of the Department of Water Resources to ensure that they shall not defeat or impair the orderly operation of any state water project for its other authorized purposes and the accomplishment of such purposes.

history: (History: Added by Stats. 1968, Ch. 411.)


text: This chapter shall be known and may be cited as the “Davis-Dolwig Act. ”

article: 6. Short Title

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 10. Fish and Wildlife and Recreation in Connection With State Water Projects > 6. Short Title


text: This chapter shall be known and may be cited as the Water Conservation Projects Act of 1985.

history: (History: Added by Stats. 1985, Ch. 938, Sec. 1.)

article: 1. Policy

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 11. Water Conservation and Reclamation Projects > 1. Policy


text:
The Legislature hereby finds and declares all of the following:

(a) Agriculture is this state’s largest income producer, contributing approximately $14 billion annually to the economy of the state. California agriculture remains the leader in the development of modern agricultural technology and is supported by the world’s leading agricultural education and research institutions. However, the future growth and prosperity of agriculture is threatened by a lack of necessary irrigation water.

(b) The population of California is expected to increase by over three million persons by the year 2000. This increase alone will require at least an additional 600,000 acre-feet of water annually for municipal purposes.

(c) Upon commencement of the operation of the Central Arizona Project which is scheduled to occur by 1985, over 662,000 acre-feet of water presently available for use each year in California will be lost to the State of Arizona pursuant to decisions of the United States Supreme Court. These court decisions decrease the total water supply available to California from the Colorado River by a quantity sufficient to supply the needs of three and one-half million people.

(d) The central San Joaquin Valley faces a critical water shortage amounting to approximately 1.4 million acre-feet annually which is presently being mined from the groundwater basin. The lowering of the groundwater table is causing irrigation water to be pumped at excessive depths of 500 to 600 feet or more, which requires a tremendous use of energy at a high cost.

(e) Based on a 50 year average, California faces a drought in one out of every four years. During periods such as the 1976–1977 drought, the state has had critical water shortages, requiring emergency conservation measures and resulting in thousands of acres of prime agricultural land in the San Joaquin Valley remaining unplanted. At the peak of the 1976–77 drought period, the state lost approximately $1.5 billion in crop revenues as a result of inadequate supplies of irrigation water.

(f) A portion of the foregoing water requirements may be economically met by water conservation and reclamation projects which produce substantial quantities of additional usable water for use in areas of the state with inadequate local supplies.

chapter: 11. Water Conservation and Reclamation Projects

article: 1. Policy


text:
(a) It is the intent of the Legislature in enacting this chapter to encourage local agencies and private enterprise to implement potential water conservation and reclamation projects by establishing a state program to finance or assist in financing projects which meet state criteria and will result in additional supplies of water for use in areas of need. Water conservation and reclamation projects, including facilities for municipal and industrial advanced waste water treatment, regulatory impoundments, improvements to water supply and delivery systems, tailwater recovery systems, and sprinkler or drip irrigation systems, may result in increased quantities of usable water for beneficial purposes, but may be financially unattractive at the local level if the cost of additional fresh water is less than the cost to conserve or reclaim water.

(b) It is in the interests of both the users of water supplied by the state and the users of local water supplies to undertake water conservation and reclamation projects which supply water for purposes of the State Water Resources Development System at a cost less than the cost of new state water development facilities, and which provide benefits to local water users, including decreased salt concentrations, resulting from increased irrigation efficiency and reduced problems of pollution from waste water discharges. It is not the intent of the Legislature in enacting this chapter to affect or otherwise defer the construction of water facilities necessary to meet the requirements of the people of this state, and nothing in this chapter shall be construed to affect the authority of the department under any other provision of law.

article: 1. Policy


text: Nothing in this chapter shall be construed to alter or impair any provision of law providing protections for areas of origin, including, but not limited to, Article 1.7 (commencing with Section 1215) of Chapter 1 of Part 2 of Division 2, Section 10505, Article 3 (commencing with Section 11460) of Chapter 3, or Part 4.5 (commencing with Section 12200).

article: 1. Policy


text: Nothing in this chapter shall be construed to alter or impair any existing rights, including rights to divert water from the Colorado River and rights to the distribution or use of that water.

article: 1. Policy


text: Any water supplier or user of water in the state that has an existing right which permits the supplier or user to sell water may enter into a contract under this chapter to finance the conservation or recycling of water and to sell the conserved or recycled water to another water supplier or water user.

history: (History: Amended by Stats. 1995, Ch. 28, Sec. 15. Effective January 1, 1996.)

article: 2. Statewide Water Conservation

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 11. Water Conservation and Reclamation Projects > 2. Statewide Water Conservation


text: Notwithstanding any other provision of law, where any person or public agency undertakes any water conservation effort, either separately or jointly, pursuant to any contract with any other water user, which results in a reduced use of water by that person or agency, no forfeiture, dimunition, or impairment of the right to use the water conserved shall occur, except as set forth in the agreements between the parties.

article: 2. Statewide Water Conservation


text:
Water conservation and reclamation projects eligible for assistance under this chapter include, but are not limited to, the following:

(a) Projects for municipal and industrial advanced waste water treatment to permit the reuse of the water for additional purposes.

(b) Projects for the improvement of water supply and delivery facilities.

(c) Projects for the improvement of on-farm irrigation systems, including tailwater recovery systems, regulatory impoundments, and sprinkler, drip, or other irrigation systems which enable more efficient use of water.

article: 2. Statewide Water Conservation


text: Any contract entered into pursuant to this chapter for the transfer or sale of conserved or recycled water may provide for the recall of water and may include terms for that recall. Any recall provisions shall include a notice period of not less than five years unless otherwise agreed by the parties.

history: (History: Amended by Stats. 1995, Ch. 28, Sec. 16. Effective January 1, 1996.)

article: 2. Statewide Water Conservation


text: Water conservation or reclamation projects developed pursuant to this chapter may be funded pursuant to any bond law heretofore or hereafter approved by the voters if the project is otherwise eligible for funding under the bond law.

article: 2. Statewide Water Conservation


text: This article shall not be applicable to the State Water Resources Development System.

article: 2. Statewide Water Conservation


text: The department may use Central Valley Project revenue bonds or other funds available for the purposes of the State Water Resources Development System to finance, in whole or in part, water conservation programs and facilities that reduce demands by the sponsoring contractor for project water from the system for a period of time agreed to by the sponsoring contractor, and thereby increase the supply of project water available in the Sacramento-San Joaquin Delta for distribution to other contractors.

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 11. Water Conservation and Reclamation Projects > 3. Conservation in the State Water Resources Development System


text: As used in this article, “sponsoring contractor” means a contractor or contractors, who have a long-term water supply contract with the department and who agree to reduce demands for project water from the State Water Resources Development System in accordance with Section 11970.

article: 3. Conservation in the State Water Resources Development System


text:
A local water conservation project described in Section 11970 is eligible for funding pursuant to this article if, in the determination of the department, the project meets all of the following criteria:

(a) The project is engineeringly feasible and is capable of producing project water which is economically competitive with alternative new water supply sources.

(b) The construction and operation of the facilities and programs will not interfere with the requested deliveries of annual entitlement water to any contractor other than the sponsoring contractor.

(c) The project will not result in any greater annual charges to any contractor, other than the sponsoring contractor, than would have occurred with the construction at the same time of alternative new water supply sources constituting either reservoirs located north of the delta or off-aqueduct storage reservoirs located south or west of the delta designed to deliver water to the California Aqueduct.


text: The department shall determine whether a local water conservation project described in Section 11970 is economically competitive by comparing, in an engineering and economic analysis, the local conservation project with alternative new water supply sources constituting either reservoirs located north of the delta or off-aqueduct storage reservoirs located south or west of the delta designed to supply water to the California Aqueduct. The analysis for the alternative new water supply sources shall use the average cost per acre-foot of yield in the latest studies made for those sources by the department and shall compare those facilties with the proposed local conservation project using commonly accepted engineering economics. In the case of a local conservation project to be funded in part by the department as part of the system and in part from other sources, the economic analysis shall be applied only to the portion to be funded by the department as a part of the system.


text:
A local water conservation project described in Section 11970 shall not be constructed or implemented pursuant to this article until both of the following occurs:

(a) The sponsoring contractor signs a written agreement with the department which indicates all of the following:

(1) The approval of the facility or program by the sponsoring contractor.

(2) The yield and the period of time during which the water from the local conservation project constitutes project water.

(3) The disposition of the local conservation project or of the yield from the local conservation project upon the expiration of that period of time.

(b) All contractors within whose boundaries any portion of the local water conservation project is located, and who are not sponsoring contractors for the local conservation project, approve the local water conservation project in writing.


text: In the event of a shortage in water supply, within the meaning of Article 18(a) of the standard water supply contract between the department and the state water supply contractors, the determination of whether to count, in whole or in part, the reduced demand from future conservation programs described in Section 11970 in the allocation of deficiencies among contractors shall be based on a project-by-project evaluation taking into consideration such factors as any limitation on the use of the water from the facilities and whether the sponsoring contractor has access to project water from the delta as an alternate to those facilities.


text: This article is the only portion of this chapter applicable to the State Water Resources Development System.


text: The department shall establish criteria for determining the eligibility of water conservation projects for assistance under this chapter and shall establish criteria for determination of the economic, financial, and engineering feasibility of proposed water conservation projects. The department shall establish guidelines to encourage feasibility studies to determine potential sources of conserved water for purposes of this chapter and to determine parties interested in contracting with potential water purchasers pursuant to this chapter.

article: 4. Administration

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 11. Water Conservation and Reclamation Projects > 4. Administration


text:
The State Water Resources Control Board shall establish criteria for determining both of the following:

(a) The eligibility of water reclamation projects for assistance under this chapter.

(b) The economic, financial, and engineering feasibility of proposed reclamation projects.

article: 4. Administration


text: The department shall establish criteria for determining whether a water conservation or reclamation project results in a net increase in the amount of water made available for use and does not interfere with an established right to use of water by any other person or entity.

article: 4. Administration


text: The department and the State Water Resources Control Board shall only approve for funding by the state under this chapter those projects which result in a net increase in the amount of water available for use and which do not interfere with an established right to use of water by any other person or entity. Any agreement between parties for a conservation or reclamation project not using state financing shall not require approval by the department or the State Water Resources Control Board under this chapter but shall comply with the criteria adopted under Section 11981 or 11982.

article: 4. Administration


text: The department is authorized to adopt those rules and regulations as may be necessary to carry out, and as are consistent with, this chapter.

article: 4. Administration


text: In providing financial assistance pursuant to this chapter, the department shall impose terms and conditions that are designed to protect the state’s investment and that are necessary to carry out the purposes of this chapter. The department shall keep full and complete records and accounts concerning all of its transactions under this chapter and shall render a report on those transactions to the Legislature within 15 days after the commencement of the first regular session of the Legislature following the effective date of this chapter.

article: 4. Administration


text: As used in this part, “person” means any person, firm, association, organization, partnership, business trust, corporation, or company, but not including any public corporation or other public entity.

history: (History: Added by Stats. 1959, Ch. 1697.)

article: 4. Administration

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 11. Water Conservation and Reclamation Projects > 4. Administration > 4. CO-OPERATION AND CONTRACTS BETWEEN PRIVATE ENTITIES AND THE UNITED STATES


text: As used in this part, “United States” means the United States of America, and in relation to any particular matter includes the officers, agents, employees, agencies, or instrumentalities authorized to act in relation thereto.

part: 4. CO-OPERATION AND CONTRACTS BETWEEN PRIVATE ENTITIES AND THE UNITED STATES

article: 4. Administration


text: If any provision of this part, or the application thereof to any person or circumstances, is held invalid, the remainder of the part, or the application of said provision to other persons or circumstances, shall not be affected thereby.

article: 4. Administration


text: Any person may co-operate and contract with the United States, under the Federal Reclamation Act of June 17, 1902, and all acts amendatory thereof or supplementary thereto or under any other act of Congress heretofore or hereafter enacted permitting co-operation or contracts for any or all of the purposes set forth in Section 12004, whether under said federal reclamation laws, or otherwise.

article: 4. Administration


text:
The co-operation or contract may be for any or all of the following purposes:

(a) Construction, acquisition, purchase, extension, operation or maintenance of works and facilities for irrigation, storage, drainage, flood control and generation and distribution of electric energy or either or any of these, or the use or enjoyment of any such works or facilities, or any rights or interests therein.

(b) A water supply.

(c) Assumption or creation, as principal or guarantor or otherwise, of indebtedness to the United States.

(d) To receive or borrow money from the United States and provide for the repayment thereof, for the purpose of constructing projects, distribution systems or other works for the storage, regulation, control, development and distribution of water for the irrigation of land or for any other lawful use, or for the use, control and distribution of drainage water, or for flood control purposes, or for the generation or distribution of electric energy.

article: 4. Administration


text: Any person has all powers, rights, and privileges necessary to enable such person to enter into any contract referred to in this part, and to carry out and perform the terms of any contract so made by such person, and may agree to impose and collect, and may impose and collect, any and all lawful assessments and charges required to carry out and perform any contract so made by such person.

article: 4. Administration


text: Any person, for the purpose of performing the obligations of any contract entered into by such person under the provisions of this part, or for the purpose of obtaining any of the rights, benefits or privileges or assuming and performing any of the obligations or duties created or contemplated by the contracts referred to in this part, and either through the agency of or in co-operation with any other person or public entity or agency, may contract with any other person, or the United States, or the State of California, or any public corporation or agency, in relation thereto, including, but not by way of limitation, the financing thereof, or any other matter of performance thereof, or any other matter incident thereto.

article: 4. Administration


text: Any person, by an action brought pursuant to the provisions of this part, may submit any contract or proposed contract entered into, or proposed to be entered into, by such person under the provisions of this part to the superior court of either the county in which such person resides or in which such person has its principal office for the transaction of business or in which such contract was made or is to be performed in whole or part, to determine the validity of such contract and each and all of its terms and provisions, and the authority of such person to make and perform the contract, and the authority for and validity of any purchase, acquisition, sale or conveyance under the contract; provided, that if the contract provides for a water supply such decree shall not be construed to be an adjudication that the United States owns, or does not own, such water supply.

article: 4. Administration


text: The validation proceedings shall be an action in rem and shall be brought pursuant to the procedure provided by Sections 861, 862, 865, 866, 867, 868, and 870 of the Code of Civil Procedure.

history: (History: Amended by Stats. 1963, Ch. 218.)

article: 4. Administration


text: The provisions of this part are cumulative and are not intended to and they shall not be construed as repealing, amending, or otherwise affecting any other provisions of law.

article: 4. Administration


text:
The following definitions shall govern the construction of this part:

(a) “Public agency” includes any city, county, district, or other political subdivision of the State of California.

(b) “Department” means the Department of Water Resources.

history: (History: Added by Stats. 1966, 1st Ex. Sess., Ch. 42.)

article: 4. Administration

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 11. Water Conservation and Reclamation Projects > 4. Administration > 4.3. WASHOE PROJECT WATER SUPPLY CONTRACTS


text: The Legislature hereby declares that the purpose of this part is to enable the acquisition of water supplies from the Washoe Project on the Truckee and Carson Rivers or their tributaries for beneficial use in California.

part: 4.3. WASHOE PROJECT WATER SUPPLY CONTRACTS

article: 4. Administration


text: The department may enter into a contract for the acquisition of and payment for a water supply made available to the people of the State of California by the Washoe Reclamation Project—Nevada and California (Act of August 1, 1956, c. 809, Sec. 1, 70 Stat. 775, 43 U.S.C. Sec. 614 (1958), and acts amendatory thereof or supplementary thereto) or by any division or unit thereof; provided, that the authority of the department to so contract shall not be exercised unless the governing body of one or more of the counties or countywide water agencies or countywide districts in the area where the water supply will be used shall first request the department to take such action by duly adopted resolution.

article: 4. Administration


text:
(a) As a provision of any contract entered into pursuant to Section 12052, and for the purpose of securing its performance thereunder, the department may assign rights which have accrued or which will accrue to the department from the execution of contracts entered into pursuant to the provisions of subdivision (b) of Section 12054.

(b) Such rights may be effectively assigned notwithstanding the fact that contracts creating such rights have not, at the time of the assignment of rights to accrue thereunder, been executed, the provisions of Section 1045 of the Civil Code or of any other provision of law to the contrary notwithstanding. The department may require, as a condition precedent to its duty to perform any obligation incurred by virtue of its entry into any contract pursuant to Section 12052, the subsequent execution of all contracts to be entered into by the department pursuant to subdivision (b) of Section 12054 which are to create the rights assigned.

(c) The department may give such assurances, in the form of covenants in contracts to which it is a party pursuant to the provisions of Section 12052, as may be required by the terms of any interstate compact which effectively allocates water supplies from the Washoe Project or from any division or unit thereof, or by the federal government, including any agency thereof, as operating agency of the Washoe Project or of any division or unit thereof, which assurances are in the judgment of the department necessary and proper to the execution of the intent expressed by this part.

article: 4. Administration


text:
Under such regulations and upon such terms, limitations, and conditions as it prescribes, the department may:

(a) Fix and establish the prices, rates, and charges at which the water supply made available to the people of the State of California by the Washoe Project, or by any division or unit thereof, shall be sold and disposed of; and

(b) Enter into contracts and agreements with public agencies or with portions thereof as described in subdivision (e) of Section 12056, for the sale and disposal of water supplies acquired by it pursuant to Section 12052.

article: 4. Administration


text:
(a) As a provision of any contract entered into pursuant to subdivision (b) of Section 12054, and for the purpose of securing its performance thereunder, the department may assign rights which have accrued or which will accrue to the department from the execution of any contract entered into pursuant to the provisions of Section 12052.

(b) Such rights may be assigned notwithstanding the fact that no contract pursuant to the provisions of Section 12052 has, at the time of assignment of rights to accrue thereunder, been executed, the provisions of Section 1045 of the Civil Code or of any other provision of law to the contrary notwithstanding. The department may require, as a condition precedent to its duty to perform any obligation incurred by virtue of its entry into any contract pursuant to subdivision (b) of Section 12054, the subsequent execution of any contract to be entered into by the department pursuant to Section 12052 which is to create the rights assigned.

(c) The department is authorized to require such assurances from public agencies, in the form of covenants in contracts to which it is a party under the provisions of subdivision (b) of Section 12054, as are in the judgment of the department necessary and proper to the execution of the intent expressed by this part.

article: 4. Administration


text:
Notwithstanding any provision of law to the contrary, every public agency empowered by law to make water available for any beneficial use of lands or inhabitants is hereby granted, in addition to and not in derogation or limitation of the powers conferred upon the public agency by any other law, the power:

(a) To enter into a contract with the department, subject to the provisions of Section 12057, for a water supply from the Washoe Project, or from any division or unit thereof, on behalf of the entire public agency, or of any portion or portions thereof for which the law applicable to the agency authorizes an indebtedness or liability to be incurred, including any improvement district, distribution district, or zone existing or hereafter established pursuant to the provisions of the law under which the public agency was formed, or pursuant to the provisions of subdivision (e) of this section, within said public agency, notwithstanding any debt limitation or other provision in the law applicable to such agency which might otherwise preclude or limit the incurring of such indebtedness or liability.

(b) To comply with the provisions of any contract entered into with the department under this part, including any provision which obligates the public agency, or any specified portion or portions thereof, to meet all commitments, financial or otherwise, undertaken by the public agency in such contract, notwithstanding any individual default by its constituents or others in the payment to the public agency of taxes, assessments, tolls, or other charges levied by the public agency.

(c) To annually levy or cause to be levied upon all property in the public agency, or in any portion or portions thereof, subject to taxation or assessment by the public agency an ad valorem tax or assessment, based upon the assessed valuation of such property, necessary and sufficient to meet all commitments, financial or otherwise, of the public agency that are set forth in any contract which the agency enters into with the department under this part, in addition to any other taxes or assessments which the public agency is authorized to levy or cause to be levied on such property and notwithstanding any provision in the law applicable to such agency which might otherwise preclude or limit such taxing or assessing. Where the law applicable to such public agency does not set forth a procedure for levying and collecting taxes or assessments on an ad valorem basis, such public agency shall utilize the procedure for levying and collecting taxes for the payment of principal and interest on general obligation bonds of municipal water districts, set forth in the Municipal Water District Law of 1911 (Division 20 (commencing with Section 70000) of this code), as it may now or hereafter be amended, for the purpose of levying and collecting taxes or assessments necessary and sufficient to meet commitments in a contract entered into under this part.

(d) To make charges for the furnishing of services in connection with the exercise of rights acquired under its contract with the department and to pledge and use any or all revenues received from the collection of such charges for the purpose of meeting the commitments, financial or otherwise, of the public agency that are set forth in any contract which the public agency enters into with the department under this part.

(e) To establish, by resolutions of the governing board thereof adopted from time to time, after notice and hearing thereon, zones of benefit within said public agency without reference to the boundaries of other zones, setting forth in such resolutions descriptions thereof by metes and bounds and entitle each of such zones by zone number. The governing board may, by resolution, after notice and hearing thereon, amend the boundaries by annexing property to or by withdrawing property from said zones or may divide existing zones into two or more zones or may superimpose a new or amended zone or zones already in existence, setting forth in such resolutions descriptions of the amended, divided or superimposed zones by metes and bounds and entitle each of such zones by zone number; provided, that no such amendment, division, or superimposition shall impair the obligations of existing zones undertaken pursuant to the provisions of this part.

The assumption of any indebtedness which the public agency is authorized to incur may be by the entire public agency, or may be by a zone or zones thereof if less than the entire public agency will be benefited by the purpose for which such indebtedness is incurred. In the latter event any election required to authorize the indebtedness shall be held only within the affected zone or zones.

(f) To perform all acts and do all things that are necessary or convenient to carry out the above powers.

article: 4. Administration


text:
(a) Before a public agency may enter into a contract with the department for a water supply from the Washoe Project, or from any division or unit thereof, the public agency shall hold an election on the proposition of whether or not the public agency shall enter into the proposed contract and more than 50 percent of the votes cast at the election must be in favor of the proposition. If a higher percentage of favorable votes is required by the California Constitution before the public agency may incur indebtedness, the higher percentage shall apply in lieu of the percentage set forth in this subdivision. The election shall be held in accordance with the following provisions:

(1) The procedure for holding an election on the incurring of bonded indebtedness by a public agency shall be utilized for an election on the proposed contract as nearly as the same may be applicable. Where the law applicable to the public agency does not contain a bond election procedure, the procedure set forth in the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code), as it may now or hereafter be amended, shall be utilized as nearly as the same may be applicable.

(2) No particular form of ballot is required.

(3) The notice of the election shall include a statement of the time and place of the election, the purpose of the election, the general purpose of the contract, and the maximum amount of money to be borrowed from the state under the contract.

(4) The ballots for the election shall contain a brief statement of the general purpose of the contract substantially as stated in the notice of the election. To the right of or below the statement of the proposition to be voted on, the words “Yes” and “No” shall be printed on separate lines, with voting targets.

(5) The election shall be held in the entire public agency except where the public agency proposes to contract with the department on behalf of a specified portion, or of specified portions, of the public agency, in which case the election shall be held in the applicable portion or portions of the public agency only.

(b) Every public agency is hereby granted the power to bring an action in the superior court of the county in which the office of the public agency is situated to determine the validity of any contract made with the department under this part, and the authority of the public agency to enter into the contract. The action shall be had as in the case of the judicial determination of the validity of the public agency’s bonds, as nearly as the same may be applicable, and with like effect. Where the law applicable to the public agency does not set forth a procedure for the judicial determination of the validity of the public agency’s bonds, the action shall be had as in the case of the judicial determination of the general obligation bonds of irrigation districts under the Irrigation District Law (Division 11 (commencing with Section 20500)), as it may now or hereafter be amended, as nearly as the same may be applicable, and with like effect.

history: (History: Amended by Stats. 2025, Ch. 303, Sec. 35. (AB 1512) Effective January 1, 2026.)

article: 4. Administration


text: The Legislature hereby finds that the water problems of the Sacramento-San Joaquin Delta are unique within the State; the Sacramento and San Joaquin Rivers join at the Sacramento-San Joaquin Delta to discharge their fresh water flows into Suisun, San Pablo and San Francisco Bays and thence into the Pacific Ocean; the merging of fresh water with saline bay waters and drainage waters and the withdrawal of fresh water for beneficial uses creates an acute problem of salinity intrusion into the vast network of channels and sloughs of the Delta; the State Water Resources Development System has as one of its objectives the transfer of waters from water-surplus areas in the Sacramento Valley and the north coastal area to water-deficient areas to the south and west of the Sacramento-San Joaquin Delta via the Delta; water surplus to the needs of the areas in which it originates is gathered in the Delta and thereby provides a common source of fresh water supply for water-deficient areas. It is, therefore, hereby declared that a general law cannot be made applicable to said Delta and that the enactment of this law is necessary for the protection, conservation, development, control and use of the waters in the Delta for the public good.

history: (History: Added by Stats. 1959, Ch. 1766.)

chapter: 1. General Policy

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 1. General Policy


text: The Legislature finds that the maintenance of an adequate water supply in the Delta sufficient to maintain and expand agriculture, industry, urban, and recreational development in the Delta area as set forth in Section 12220, Chapter 2, of this part, and to provide a common source of fresh water for export to areas of water deficiency is necessary to the peace, health, safety and welfare of the people of the State, except that delivery of such water shall be subject to the provisions of Section 10505 and Sections 11460 to 11463, inclusive, of this code.


text: Among the functions to be provided by the State Water Resources Development System, in coordination with the activities of the United States in providing salinity control for the Delta through operation of the Federal Central Valley Project, shall be the provision of salinity control and an adequate water supply for the users of water in the Sacramento-San Joaquin Delta. If it is determined to be in the public interest to provide a substitute water supply to the users in said Delta in lieu of that which would be provided as a result of salinity control no added financial burden shall be placed upon said Delta water users solely by virtue of such substitution. Delivery of said substitute water supply shall be subject to the provisions of Section 10505 and Sections 11460 to 11463, inclusive, of this code.


text: It is hereby declared to be the policy of the State that no person, corporation or public or private agency or the State or the United States should divert water from the channels of the Sacramento-San Joaquin Delta to which the users within said Delta are entitled.


text: In determining the availability of water for export from the Sacramento-San Joaquin Delta no water shall be exported which is necessary to meet the requirements of Sections 12202 and 12203 of this chapter.


text: It is the policy of the State that the operation and management of releases from storage into the Sacramento-San Joaquin Delta of water for use outside the area in which such water originates shall be integrated to the maximum extent possible in order to permit the fulfillment of the objectives of this part.


text:
The Sacramento-San Joaquin Delta shall include all the lands within the area bounded as follows, and as shown on the attached map prepared by the Department of Water Resources titled “Sacramento-San Joaquin Delta,” dated May 26, 1959:

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

NOTICE OF INCOMPLETE TEXT: The Sacramento-San Joaquin Delta Map appears in the hard-copy publication of the chaptered bill. See Chapter 1766, page 4248, Statutes of 1959.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

Beginning at the Sacramento River at the I Street bridge proceeding westerly along the Southern Pacific Railroad to its intersection with the west levee of the Yolo By-Pass; southerly along the west levee to an intersection with Putah Creek, then westerly along the left bank of Putah Creek to an intersection with the north-south section line dividing sections 29 and 28, T8N, R6E; south along this section line to the northeast corner of section 5, T7N, R3E; west to the northwest corner of said section; south along west boundary of said section to intersection of Reclamation District No. 2068 boundary at northeast corner of SE 14 of section 7, T7N, R3E; southwesterly along Reclamation District No. 2068 boundary to southeast corner of SW 14 of section 8, T6N, R2E; west to intersection of Maine Prairie Water Association boundary at southeast corner of SW 14 of section 7, T6N, R2E; along the Maine Prairie Water Association boundary around the northern and western sides to an intersection with the southeast corner of section 6, T5N, R2E; west to the southwest corner of the SE 14 of said section; south to the southwest corner of the NE14 of section 7, T5N, R2E; east to the southeast corner of the NE 14 of said section; south to the southeast corner of said section; west to the northeast corner of section 13, T5N, R1E; south to the southeast corner of said section; west to the northwest corner of the NE 14 of section 23, T5N, R1E; south to the southwest corner of the NE 14 of said section; west to the northwest corner of the SW 14 of said section; south to the southwest corner of the NW 14 of section 26, T5N, R1E; east to the northeast corner of the SE 14 of section 25, T5N, R1E; south to the southeast corner of said section; east to the northeast corner of section 31, T5N, R2E; south to the southeast corner of the NE 14 of said section; east to the northeast corner of the SE 14 of section 32, T5N, R2E; south to the northwest corner of section 4, T4N, R2E; east to the northeast corner of said section; south to the southwest corner of the NW 14 of section 3, T4N, R2E; east to the northeast corner of the SE 14 of said section; south to the southwest corner of the NW 14 of the NW 14 of section 11, T4N, R2E; east to the southeast corner of the NE 14 of the NE 14 of said section; south along the east line of section 11, T4N, R2E to a road intersection approximately 1000 feet south of the southeast corner of said section; southeasterly along an unnamed road to its intersection with the right bank of the Sacramento River about 0.7 mile upstream from the Rio Vista bridge; southwesterly along the right bank of the Sacramento River to the northern boundary of section 28, T3N, R2E; westerly along the northern boundary of sections 28, 29, and 30, T3N, R2E and sections 25 and extended 26, T3N, R1E to the northwest corner of extended section 26, T3N, R1E; northerly along the west boundary of section 23, T3N, R1E to the northwest corner of said section; westerly along the northern boundary of sections 22 and 21, T3N, R1E to the Sacramento Northern Railroad; southerly along the Sacramento Northern Railroad; southerly along the Sacramento Northern Railroad to the ferry slip on Chipps Island; across the Sacramento River to the Mallard Slough pumping plant intake channel of the California Water Service Company; southward along the west bank of the intake channel and along an unnamed creek flowing from Lawler Ravine to the southern boundary of the Contra Costa County Water District; easterly along the southern boundary of the Contra Costa County Water District to the East Contra Costa Irrigation District boundary; southeasterly along the southwestern boundaries of the East Contra Costa Irrigation District, Byron-Bethany Irrigation District, West Side Irrigation District and Banta-Carbona Irrigation District to the northeast corner of the NW 14 of section 9, T3S, R6E; east along Linne Road to Kasson Road; southeasterly along Kasson Road to Durham Ferry Road; easterly along Durham Ferry Road to its intersection with the right bank of the San Joaquin River at Reclamation District No. 2064; southeasterly along Reclamation District No. 2064 boundary, around its eastern side to Reclamation District No. 2075 and along the eastern and northern sides of Reclamation District No. 2075 to its intersection with the Durham Ferry Road; north along the Durham Ferry Road to its intersection with Reclamation District No. 17; along the eastern side of Reclamation District No. 17 to French Camp Slough; northerly along French Camp Turnpike to Center Street; north along Center Street to Weber Avenue; east along Weber Avenue to El Dorado Street; north along El Dorado Street to Harding Way; west along Harding Way to Pacific Avenue; north along Pacific Avenue to the Calaveras River; easterly along the left bank of the Calaveras River to a point approximately 1,600 feet west of the intersection of the Western Pacific Railroad and the left bank of said river; across the Calaveras River and then north 18° 26′ 36″ west a distance of approximately 2,870 feet; south 72° 50′ west a distance of approximately 4,500 feet to Pacific Avenue (Thornton Road); north along Pacific Avenue continuing onto Thornton Road to its intersection with the boundary line dividing Woodbridge Irrigation District and Reclamation District No. 348; east along this boundary line to its intersection with the Mokelumne River; continuing easterly along the right bank of the Mokelumne River to an intersection with the range line dividing R5E and R6E; north along this range line to the Sacramento-San Joaquin County line; west along the county line to an intersection with Reclamation District No. 1609; northerly along the eastern boundary of Reclamation District No. 1609 to the Cosumnes River, upstream along the right bank of the Cosumnes River to an intersection with the eastern boundary of extended section 23, T5N, R5E; north along the eastern boundary of said extended section to the southeast corner of the NE 14 of the NE 14 of said extended section; west to the southeast corner of the NE 14 of the NW 14 of extended section 14, T5N, R5E; west to an intersection with Desmond Road; north along Desmond Road to Wilder-Ferguson Road; west along Wilder-Ferguson Road to the Western Pacific Railroad; north along the Western Pacific Railroad to the boundary of the Elk Grove Irrigation District on the southerly boundary of the N 12 of section 4, T5N, R5E; northerly along the western boundary of the Elk Grove Irrigation District to Florin Road; west on Florin Road to the eastern boundary of Reclamation District No. 673; northerly around Reclamation District No. 673 to an intersection with the Sacramento River and then north along the left bank of the Sacramento River to I Street bridge.

Section, range, and township locations are referenced to the Mount Diablo Base Line and Meridian. Road names and locations are as shown on the following United States Geological Survey Quadrangles, 7.5 minute series: Rio Vista, 1953; Clayton, 1953; Vernalis, 1952; Ripon, 1952; Bruceville, 1953; Florin, 1953; and Stockton West, 1952.

history: (History: Added by Stats. 1959, Ch. 1766. Note: The Sacramento-San Joaquin Delta Map appears in Ch. 1766 on page 4248 in Vol. 2 of the 1959 Statutes publication.)

chapter: 2. The Delta

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 2. The Delta


text: The plan for improvement of the Sacramento-San Joaquin Delta levees, as set forth in Bulletin No. 192 of the Department of Water Resources, dated May 1975, is approved as a conceptual plan to guide the formulation of projects to preserve the integrity of the delta levee system.

history: (History: Added by Stats. 1976, Ch. 1302.)

chapter: 3. Sacramento-San Joaquin Delta Levees

article: 1. Plan for Improvement

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 3. Sacramento-San Joaquin Delta Levees > 1. Plan for Improvement


text: The department may prepare detailed plans and specifications for the improvement of the levees or levee segments specified in Section 12225.

article: 2. Construction

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 3. Sacramento-San Joaquin Delta Levees > 2. Construction


text: The department may proceed immediately with the improvement of a pilot levee project which the department determines, after a public hearing, is in critical need of improvement and which is highly susceptible to failure in the absence of such immediate improvement. Prior to commencing such improvement, the department shall enter into an agreement with a local agency whereby the local agency will bear at least 20 percent of the cost of the improvement.

article: 2. Construction


text: This chapter shall be known and may be cited as the “Nejedly-Mobley Delta Levees Act”.

article: 3. Short Title

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 3. Sacramento-San Joaquin Delta Levees > 3. Short Title


text: The Legislature hereby finds and declares that a serious problem of water quality exists in the San Joaquin River between the junction of the San Joaquin River and the Merced River and the junction of the San Joaquin River with Middle River; that by virtue of the nature and causes of the problem and its effect upon water supplies in the Sacramento-San Joaquin Delta, it is a matter of statewide interest and is the responsibility of the State to determine an equitable and feasible solution to this problem.

history: (History: Added by Stats. 1961, Ch. 1454.)

part: 4.6. SAN JOAQUIN RIVER

article: 3. Short Title

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 3. Sacramento-San Joaquin Delta Levees > 3. Short Title > 4.6. SAN JOAQUIN RIVER


text: It is hereby declared to be the policy of the State that no person, corporation or public or private agency or the State or the United States should divert water from the San Joaquin River and its tributaries to which the users along the portion of the San Joaquin River described in Section 12230 are entitled.

article: 3. Short Title


text: The State Water Resources Control Board, the State Department of Water Resources, the California Water Commission, and any other agency of the state having jurisdiction, shall do nothing, in connection with their responsibilities, to cause further significant degradation of the quality of water in that portion of the San Joaquin River between the points specified in Section 12230.

history: (History: Amended by Stats. 1967, Ch. 284.)

article: 3. Short Title


text: Nothing in this part shall be construed as affecting the quality of water diverted into the Sacramento-San Joaquin Delta from the Sacramento River, nor as affecting any vested right to the use of water, regardless of origin, or any water project for which an application to appropriate water was filed with the State Water Resources Control Board prior to June 17, 1961.

article: 3. Short Title


text: The department is authorized to construct a recreation project in the vicinity of the City of Oroville along the Feather River. Recreation projects which may be considered, in accordance with the project environmental impact report, include, but are not limited to: a swimming area or facility near Bedrock Park, including sanitary and convenience facilities and channel modification, renovation of salmon-spawning riffles in conjunction with a swimming facility, and development of a parkway project and wildlife area.

history: (History: Amended by Stats. 1976, Ch. 1023.)

chapter: 1. Feather River Recreation

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 1. Feather River Recreation


text: In order to construct the recreation project authorized pursuant to Section 12250, the department may exercise any of the powers conferred upon it by the provisions of Part 3 (commencing with Section 11100) of this division.


text: Construction of the recreation project authorized pursuant to Section 12250 shall be contingent upon a favorable environmental impact determination, and upon the execution of an agreement with a local public agency under which such public agency agrees to fund any construction costs exceeding one million two hundred thousand dollars ($1,200,000), and agrees to pay all costs of maintaining the project.


text: Any land acquisition for the purposes of this chapter shall be subject to the provisions of the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code).

history: (History: Added by Stats. 1973, Ch. 1079.)


text:
(a) The Delta Flood Protection Fund is hereby created in the State Treasury. There shall be deposited in the fund all moneys appropriated to the fund, including authorized proceeds from the sale of bonds, and all income derived from the investment of moneys that are in the fund.

(b) It is the intent of the Legislature to appropriate, in accordance with Section 12938, twelve million dollars ($12,000,000) each year through fiscal year 1998–99 to the Delta Flood Protection Fund from moneys deposited in the California Water Fund pursuant to subdivision (b) of Section 6217 of the Public Resources Code. It is further the intent of the Legislature to appropriate annually moneys in the Delta Flood Protection Fund to the department for expenditure and allocation, without regard to fiscal years, in the following amounts and for the following purposes:

(1) Six million dollars ($6,000,000) annually for local assistance under the delta levee maintenance subventions program pursuant to Part 9 (commencing with Section 12980), and for the administration thereof.

(2) Six million dollars ($6,000,000) annually for special delta flood protection projects under Chapter 2 (commencing with Section 12310) and subsidence studies and monitoring, and the administration thereof. These funds shall only be allocated for projects on Bethel, Bradford, Holland, Hotchkiss, Jersey, Sherman, Twitchell, and Webb Islands, and at other locations in the delta and for the Towns of Thornton and Walnut Grove and for approximately 12 miles of levees on islands bordering the Northern Suisun Bay from Van Sickle Island westerly to Montezuma Slough.

(3) Additional moneys as they may become available from proceeds from the sale of bonds issued by the state.

(c) Any moneys unexpended at the end of a fiscal year shall revert to the Delta Flood Protection Fund and shall be available for appropriation by the Legislature for the purposes specified in subdivision (b).

(d) It is the intent of the Legislature that, to the extent consistent with Sections 12314, 12987, and 78543, projects funded under subdivision (b) shall be consistent with the delta ecosystem restoration strategy of the CALFED Bay-Delta Program.

history: (History: Amended by Stats. 2006, Ch. 548, Sec. 2. Effective September 28, 2006.)

chapter: 1. Delta Flood Protection Fund

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 1. Delta Flood Protection Fund


text: The Delta Flood Protection Fund is hereby abolished on July 1, 2010, and all unencumbered moneys in the fund are transferred to the General Fund.

history: (History: Amended by Stats. 2006, Ch. 548, Sec. 3. Effective September 28, 2006.)


text:
(a) It is the intent of the Legislature that, subject to subdivision (b) of Section 12929.12, if twelve million dollars ($12,000,000) or any lesser amount is transferred pursuant to paragraph (3) of subdivision (b) of Section 12937 to the California Water Fund from the California Water Resources Development Bond Fund in each of the fiscal years 1990–91 to 1997–98, inclusive, and if six million dollars ($6,000,000) or any lesser amount is so transferred in the 1998–99 fiscal year, that amount shall be appropriated to the Delta Flood Protection Fund for the purposes specified in subdivision (b) of Section 12300, in lieu of the funds deposited in the California Water Fund pursuant to subdivision (b) of Section 6217 of the Public Resources Code. However, that the director, in consultation with the Department of Finance, may accelerate payments to the California Water Fund for reappropriation to the Delta Flood Protection Fund if the director deems it appropriate to do so.

(b) The obligation of the State Water Resources Development System to reimburse the California Water Fund, pursuant to paragraph (3) of subdivision (b) of Section 12937, shall decrease by amounts equal to the amounts which are transferred from the California Water Resources Development Bond Fund to the California Water Fund and appropriated to the Delta Flood Protection Fund pursuant to subdivision (a).

(c) For any fiscal year, the Director of Finance, in consultation with the Director of Water Resources, may recommend in the Budget Act a source of funding for the Delta Flood Protection Fund which is different from that set forth in subdivision (a). If the Legislature approves the alternative source of funding, the portion of the State Water Resources Development System obligation specified in subdivision (b) which remains outstanding because of the selection of the alternative funding source shall be discharged pursuant to subdivision (b) of Section 11913.

(d) It is the intent of the Legislature, upon the creation of the Delta Levee Rehabilitation Subaccount pursuant to Section 78540, as proposed to be added by S.B. 900 of the 1995–96 Regular Session, that subdivisions (a), (b), and (c) shall not apply to the Delta Levee Rehabilitation Subaccount and that the funds of the subaccount shall be available to fund equally both of the following:

(1) The delta levee maintenance subventions program pursuant to Part 9 (commencing with Section 12980), associated mitigation and habitat improvement programs, and the administration thereof.

(2) The special delta flood protection projects pursuant to Chapter 2 (commencing with Section 12310), associated mitigation and habitat improvement programs, and the administration thereof.

history: (History: Amended by Stats. 1996, Ch. 601, Sec. 3. Effective January 1, 1997.)


text: This chapter applies to special flood control projects subject to Chapter 2 (commencing with Section 12310) and to the payment of delta levee subventions under Part 9 (commencing with Section 12980).

history: (History: Added by Stats. 1991, Ch. 1140, Sec. 1.)

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 1.5. Environmental Mitigation and Protection Requirements


text: The Resources Agency shall supervise the implementation of the programs subject to this chapter.

chapter: 1.5. Environmental Mitigation and Protection Requirements


text:
(a) The Resources Agency, the department, the Reclamation Board, and the Department of Fish and Game shall enter into a memorandum of understanding to coordinate the implementation of the programs subject to this chapter.

(b) The memorandum of understanding shall provide that the Department of Fish and Game shall enforce any mitigation requirements involving programs subject to this chapter.


text:
As used in this chapter, the following terms have the following meanings:

(a) “Local public agency” means a reclamation district or levee district or other public agency responsible for the maintenance of a nonproject levee as defined in subdivision (e) of Section 12980 or a project levee as defined in subdivision (f) of Section 12980.

(b) “Project” means the flood control improvement and any mitigation and habitat improvement constructed, or interests in land acquired, for those purposes pursuant to this part.

(c) “Department” means the Department of Water Resources.

(d) “Delta” means the Sacramento-San Joaquin Delta as described in Section 12220.

(e) “Net long-term habitat improvement” means enhancement of riparian, fisheries, and wildlife habitat.

(f) “CALFED Bay Delta Program” or “CALFED program” means the program established in May 1995 as a joint effort among state and federal agencies with management and regulatory responsibilities in the San Francisco Bay and Sacramento-San Joaquin River Delta to develop long-term solutions to resource management problems involving the bay-delta.

history: (History: Amended by Stats. 1999, Ch. 779, Sec. 4. Effective October 10, 1999.)

chapter: 2. Special Flood Control Projects

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 2. Special Flood Control Projects


text:
(a) The department shall develop and implement a program of flood control projects on Bethel, Bradford, Holland, Hotchkiss, Jersey, Sherman, Twitchell, and Webb Islands, and at other locations in the delta and for the Towns of Thornton and Walnut Grove, and for approximately 12 miles of levees on islands bordering Northern Suisun Bay from Van Sickle Island westerly to Montezuma Slough. This program shall have, as its primary purpose, the protection of discrete and identifiable public benefits, including the protection of public highways and roads, utility lines and conduits, and other public facilities, and the protection of urbanized areas, water quality, recreation, navigation, and fish and wildlife habitats, and other public benefits. The program shall also include net long-term habitat improvement.

(b) Notwithstanding subdivision (a), the department shall develop and recommend a plan of action, including alternatives, for flood control for the Towns of Thornton and Walnut Grove and shall submit the plan to the Legislature by January 1, 1989. The department shall not allocate any funds for implementation of the plan of action for flood control for the Towns of Thornton and Walnut Grove until a plan is approved by the Legislature.

history: (History: Amended by Stats. 1996, Ch. 601, Sec. 5. Effective January 1, 1997.)


text: The department may expend any moneys available to it pursuant to paragraph (2) of subdivision (b) of Section 12300 or any moneys available from other sources of funding appropriated by the Legislature for the purposes of this part. In addition, the department shall seek a sharing of costs with the beneficiaries or owners or operators of the public facilities benefited by the flood protection projects. The department shall also seek cost sharing with, or financial assistance from, federal agencies which have programs applicable to, or which have an interest in, the flood protection projects.

history: (History: Amended by Stats. 1996, Ch. 601, Sec. 6. Effective January 1, 1997.)


text:
(a) The department shall develop a list of areas where flood control work is needed to protect public facilities or provide public benefits. In developing the list, the department shall consult with all appropriate federal, state, and local agencies. The list shall establish a priority for the areas based upon both of the following:

(1) The importance or degree of public benefit needing protection.

(2) The need for flood protective work.

(b) The list shall be submitted to the California Water Commission for approval, and shall be updated by the department, with the approval of the California Water Commission, as the department may deem appropriate.

history: (History: Added by Stats. 1988, Ch. 28, Sec. 3. Effective March 14, 1988.)


text:
(a) Guided by the approved priority list developed pursuant to Section 12313, the department shall develop project plans to accomplish the needed flood protection work in cooperation with the local public agency, the public beneficiary, and the Department of Fish and Game.

(b) The plans shall be subject to the approval of the appropriate local public agency or agencies and subject to any cost-sharing agreement the department may have entered into under Section 12312. Project plans may include, or be a combination of, the improvement, rehabilitation, or modification of existing levees, and the conveyance of interests in land to limit or to modify land management practices which have a negative impact on flood control facilities.

(c) Project plans shall include provision for the protection of fish and wildlife habitat determined to be necessary by the Department of Fish and Game and not injurious to the integrity of flood control works. The Department of Fish and Game shall consider the value of the riparian and fisheries habitat and the need to provide greater flood protection in preparing its requirements, and shall not approve any plan which calls for the use of channel islands or berms with significant riparian communities as borrow sites for levee repair materials, unless fully mitigated, or any plans that will result in a net long-term loss of riparian, fisheries, or wildlife habitat.

(d) After the memorandum of understanding required pursuant to Section 12307 is amended as required by Section 78543, the Department of Fish and Game shall also make a written determination as part of its review and approval of a plan or project pursuant to this section and Section 12987 that the proposed expenditures are consistent with a net long-term habitat improvement program and have a net benefit for aquatic species in the delta. The memorandum of understanding in effect prior to the amendments required by Section 78543 shall remain in effect with regard to levee projects and plans until the memorandum of understanding is amended.

history: (History: Amended by Stats. 1996, Ch. 601, Sec. 7. Effective January 1, 1997.)


text: Projects shall be undertaken and completed in accordance with the approved project plans. Project works may be undertaken by the department or, at the department’s option, by the local public agency pursuant to an agreement with the department.


text:
In addition to any obligations assumed under an agreement with the department and to the extent consistent with that agreement, the local public agency shall do all of the following:

(a) Provide construction access to lands or rights-of-way which it owns or maintains for flood control purposes or for purposes with which the project’s required uses are compatible and necessary to complete the project.

(b) Maintain the completed project pursuant to maintenance criteria developed and adopted in accordance with Section 12984.

(c) Apply for federal disaster assistance, whenever eligible, under Public Law 93-288.

(d) Hold and save the department, any other agency or department of the state, and their employees free from any and all liability for damages, except that caused by gross negligence, that may arise out of the construction, operation, or maintenance of the project.

(e) Acquire easements from the crown along levees for the control and reversal of subsidence in areas where the department determines that such an easement is desirable to maintain structural stability of the levee. The easement shall (1) restrict the use of the land to open-space uses, nontillable crops, the propagation of wildlife habitat, and other compatible uses, (2) provide full access to the local agency for levee maintenance and improvement purposes, and (3) allow the owner to retain reasonable rights of ingress and egress as well as reasonable rights of access to the waterways for water supply and drainage. The local public agency costs of acquisition of the easements shall be reimbursable by the department from moneys appropriated pursuant to paragraph (2) of subdivision (b) of Section 12300 or any sources of funding appropriated by the Legislature for purposes of this part.

(f) Comply with all habitat mitigation and improvement requirements pursuant to this part.

(g) Use subsidence control alternatives, where appropriate, to reduce long-term maintenance and improvement costs.

history: (History: Amended by Stats. 1996, Ch. 601, Sec. 8. Effective January 1, 1997.)


text:
(a) The Resources Agency may establish a team of federal, state, and local agencies, and other persons or entities with a stake in finding a solution to the problems of the delta levees, to develop recommendations for the beneficial reuse of dredged material, consistent with actions identified by the CALFED Bay-Delta Program as core actions, which are those actions included in all bay-delta solutions. The recommendations shall address all of the following needs:

(1) Long-term availability of cost-effective, environmentally safe, and appropriate dredged material for delta levee maintenance and improvements.

(2) Beneficial reuse of dredged or suitable alternative materials.

(3) Coordination of dredging projects to augment on-island stockpiles.

(4) Development of a comprehensive monitoring program of the effects of the reuse of dredged material.

(5) A study of the applicability and appropriateness of constructing channel sediment traps and dredged material rehandling facilities adjacent to frequently dredged channel sections.

history: (History: Added by Stats. 1996, Ch. 601, Sec. 9. Effective January 1, 1997.)


text: This part shall be known, and may be cited, as the Open and Transparent Water Data Act.

history: (History: Added by Stats. 2016, Ch. 506, Sec. 1. (AB 1755) Effective January 1, 2017.)

chapter: 1. General Provisions

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 1. General Provisions


text:
The Legislature finds and declares all of the following:

(a) The recent drought reveals that California needs to integrate existing water and ecological data into an authoritative open-access platform to help water managers operate California’s water system more effectively and help water users make informed decisions based on water availability and allocation.

(b) State and federal leadership, increased awareness by business, governmental, and nongovernmental organizations through open and transparent access to data, and improved technology and availability of open-source platforms create a unique opportunity that California should seize upon to integrate and increase access to existing water data.

(c) California is working to increase access to water data collected by state agencies. The state board is piloting a project to make water quality datasets available online through an open data portal. The portal creates an opportunity to foster collaboration among state agencies, share and integrate existing datasets, improve state agency operations through data-driven decisionmaking, and improve transparency and accountability.

(d) State agencies should promote openness and interoperability of water data. Making information accessible, discoverable, and usable by the public can foster entrepreneurship, innovation, and scientific discovery.

(e) Water data and information technology tools and applications developed and gathered using state funds should be made publicly accessible. State delegation of data management to contractors should not result in the public losing access to its own information.

(f) The availability of open-source tools makes it easier to access and explore water and ecological data and could facilitate the creation of an online integrated water data platform without the need to create an expensive new centralized database.


text:
Unless the context otherwise requires, the following definitions govern the construction of this part:

(a) “Department” means the Department of Water Resources.

(b) “Metadata” means data that describes data.

(c) “Platform” means the statewide integrated water data platform described in Section 12415.

(d) “State board” means the State Water Resources Control Board.


text: The department, the state board, and the Department of Fish and Wildlife shall coordinate and integrate existing water and ecological data from local, state, and federal agencies. The purposes for integrating water and ecological data include, but are not limited to, providing adequate information to implement the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720)), improving the management of the state’s water resources, and bringing greater transparency to water transfers and the market.

chapter: 2. Statewide Water Data Integration

article: 1. General Provisions

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 2. Statewide Water Data Integration > 1. General Provisions


text:
(a) The department, in consultation with the California Water Quality Monitoring Council, the state board, and the Department of Fish and Wildlife, shall develop protocols for data sharing, documentation, quality control, public access, and promotion of open-source platforms and decision support tools related to water data. The department shall develop and submit to the Legislature, in compliance with Section 9795 of the Government Code and by January 1, 2018, a report describing these protocols. The report shall be developed in collaboration with the California Water Quality Monitoring Council, the state board, the Department of Fish and Wildlife, relevant federal agencies, and interested stakeholders, including, but not limited to, technology and open data experts and water data users.

(b) Recipients of state funds through grants or contracts for research or projects relating to the improvement of water or ecological data shall, as a condition of the receipt of a grant or contract, adhere to the protocols developed pursuant to subdivision (a) for data sharing, transparency, documentation, and quality control.

(c) A grant or contract recipient that does not comply with subdivision (b) is not eligible for state funding until the grant or contract recipient complies with those requirements.

article: 1. General Provisions


text:
(a) The department, in consultation with the California Water Quality Monitoring Council, the state board, and the Department of Fish and Wildlife, shall create, operate, and maintain a statewide integrated water data platform in accordance with Section 12415 and the following schedule:

(1) By January 1, 2018, the department shall do both of the following:

(A) Make public the protocols developed pursuant to Section 12406.

(B) Publish a strategic plan for data management to guide the implementation of this part.

(2) By April 1, 2018, the department shall release any request for proposals necessary for the development of a statewide integrated water data platform.

(3) (A) By September 1, 2019, the department shall make available existing water and ecological data held by state agencies on the platform.

(B) The department shall quarterly add the information described in subparagraph (A) not available as of September 1, 2019, that becomes available at a later date.

(4) (A) By August 1, 2020, the department shall make available on the platform available water and ecological data related to California water supply and management that is held by the following agencies:

(i) The United States Bureau of Reclamation.

(ii) The United States Fish and Wildlife Service.

(iii) The National Oceanic and Atmospheric Administration.

(iv) The United States Geological Survey.

(v) The United States Forest Service.

(B) The department shall quarterly add the information described in subparagraph (A) not available as of August 1, 2020, that becomes available at a later date.

(5) By August 1, 2020, the department shall make available on the platform any other existing information listed in Section 12415.

(b) The department may partner with an existing nonprofit organization, with a new nonprofit organization that the department creates, organized under paragraph (3) of subsection (c) of Section 501 of Title 26 of the United States Code, or with another state agency to create, operate, or maintain, or any combination thereof, the platform.

(c) Notwithstanding subdivision (a), the department may enter into an agreement with an existing nonprofit organization, with a new nonprofit organization that the department creates, organized under paragraph (3) of subsection (c) of Section 501 of Title 26 of the United States Code, or with another state agency for that nonprofit organization or state agency to create, operate, or maintain, or any combination thereof, the platform.

(d) The Department of Technology is deemed to have delegated to the department any authority over the implementation of this part granted to it pursuant to Section 11546 of the Government Code.

(e) Nothing in subdivision (a) shall prevent a state agency from disseminating, managing, or publishing data separately from the platform.

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 2. Statewide Water Data Integration > 2. Statewide Integrated Water Data Platform Creation


text:
The statewide integrated water data platform created pursuant to Section 12410 shall, at a minimum, do all of the following:

(a) Integrate existing water and ecological data information from multiple autonomous databases managed by federal, state, and local agencies and academia using consistent and standardized formats.

(b) Integrate the following datasets, as available:

(1) The department’s information on State Water Project reservoir operations, groundwater use, groundwater levels, urban water use, and land use.

(2) The state board’s data on water rights, water diversions, and water quality through California Environmental Data Exchange Network (CEDEN).

(3) The Department of Fish and Wildlife’s information on fish abundance and distribution.

(4) The United States Geological Survey’s streamflow conditions information through the National Water Information System.

(5) The United States Bureau of Reclamation’s federal Central Valley Project operations information.

(6) The United States Fish and Wildlife Service’s, United States Forest Service’s, and National Oceanic and Atmospheric Administration Fisheries’ fish abundance information.

(c) Provide data on completed water transfers and exchanges, including publicly available or voluntarily provided data on the volume, price, and delivery method, identity of the buyers and sellers, and the water right associated with the transfer or exchange.

(d) Provide documentation of data quality and data formats through metadata.

(e) Adhere to data protocols developed by state agencies pursuant to Section 12406.

(f) Be able to receive both spatial and time series data from various sources.

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 2. Statewide Water Data Integration > 3. Statewide Integrated Water Data Platform Features


text:
(a) The Water Data Administration Fund is hereby created. All moneys in the fund are available, upon appropriation, to the department, the state board, or the Department of Fish and Wildlife for the collection, management, and improvement of water and ecological data for the purposes of this part.

(b) The Department of Finance shall develop a standardized agreement to allow for the voluntary donation to the fund by any person, educational institution, government entity, corporation or other business entity, or organization.

chapter: 3. Water Data Administration Fund

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 3. Water Data Administration Fund


text: The definitions in this chapter govern the construction of this part only.

history: (History: Added by Stats. 1943, Ch. 370.)

chapter: 1. Definitions

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 1. Definitions


text: “Board” means the Colorado River Board of California.


text: “Commissioner” means the Colorado River Commissioner.


text: “Fund” means the Colorado River Fund.


text: There is in the state government, in the Resources Agency, the Colorado River Board of California.

history: (History: Amended by Stats. 1969, Ch. 138.)

chapter: 2. The Board

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 2. The Board


text: The board consists of eight members appointed by the Governor as provided in this chapter, two of whom shall be public members appointed by the Governor, and the Director of Water Resources and the Director of Fish and Game or their designees.

history: (History: Amended by Stats. 1984, Ch. 1027, Sec. 2.)


text: The governing bodies of the San Diego County Water Authority, Palo Verde Irrigation District, Imperial Irrigation District, Coachella Valley Water District, the Metropolitan Water District of Southern California, and the Department of Water and Power of the City of Los Angeles shall each submit to the Governor two lists of not less than three persons on each with a recommendation as to whom should be appointed from one list as its member on the board and from the other list as its alternate on the board. The Governor shall appoint each agency’s member and alternate from the designated lists. If, after 60 days following submission of the initial or any new list, the Governor has not made an appointment, the person recommended by the governing body shall be deemed appointed. Each governing body if it desires to have a new member or alternate, or both, may submit new lists at any time. A member of the governing body of an agency may be appointed as a member of the board or as an alternate. Each alternate shall, in the absence of the appointed member for any cause, including vacancy in the office of the appointed member, have all the authority and rights of the member to which he or she is an alternate.

history: (History: Amended by Stats. 1983, Ch. 1019, Sec. 2.)


text: Each member of the board, except as otherwise provided in this section, shall serve without compensation but shall be reimbursed for traveling and other expenses actually and necessarily incurred in the performance of his duties. In addition, each member of the board that is neither eligible for nor receives any salary or other compensation for time spent attending meetings of the board shall receive fifty dollars ($50) for each day attending the meetings of the board.

history: (History: Amended by Stats. 1977, Ch. 393.)


text:
(a) The board shall determine, by majority vote, where to maintain its office and shall hold meetings at that office or elsewhere upon call of the chairman or three members of the board. The board shall not relocate its office more than once within each gubernatorial term.

(b) The local agencies that are represented on the board may reimburse employees of the board for relocation or net commuting expenses, or both, incurred by those employees as the result of a change in the location of the office pursuant to subdivision (a). The costs shall be divided equally among the local agencies. Any commuting expenses shall not exceed the state’s reimbursement rate for state employees. Any relocation benefits shall be approved by each local agency prior to those benefits being offered to board staff.

(c) Any payments made pursuant to subdivision (b) do not constitute income for the purposes of subdivision (a) of Section 82030 of the Government Code, in accordance with paragraph (2) of subdivision (b) of that section.

history: (History: Amended by Stats. 1997, Ch. 225, Sec. 1. Effective January 1, 1998.)


text: All of the records of the board or copies of them shall be maintained at its office.


text: The board shall be subject to the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code.

history: (History: Amended by Stats. 1969, Ch. 371.)


text: The board shall adopt such rules or procedure as may be required for the orderly disposition of its business and such regulations as may be necessary in order to carry out the provisions of this part.


text: The board shall make such reports and recommendations to the Governor as he requires or as the board deems proper.


text: Notwithstanding any other provision of the law to the contrary, the board may hold executive sessions in conjunction with any regular or special meeting and maintain confidential information and records limited to matters concerning interstate claims to the use of Colorado River system waters in judicial proceedings, administrative proceedings, and negotiations with representatives from other states or the federal government. Whenever the board holds an executive session in conjunction with any regular or special meeting or maintains as confidential any information or records hereunder, the board shall make an affirmative finding in its public minutes that the holding of an open meeting or the disclosure of the information or records to the public would substantially impair the performance by the board of its statutory duties. At the end of the minutes of each meeting of the board shall appear the certificate of its executive secretary that the meeting was held in accordance with the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code and Sections 12516 and 12519 of the Water Code.

history: (History: Added by Stats. 1968, Ch. 886.)


text: The board shall elect from among its members, other than the Director of Water Resources or the Director of Fish and Game or their designees, a chairman who is ex officio the “Colorado River Commissioner.” The chairman shall serve at the pleasure of the board.

history: (History: Repealed and added by Stats. 1983, Ch. 564, Sec. 5.)

chapter: 3. The Commissioner

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 3. The Commissioner


text: The commissioner shall serve without compensation, but he shall be reimbursed for traveling and other expenses actually and necessarily incurred in the performance of his duties.


text: The commissioner shall perform the duties imposed upon him by this chapter under the direction of the board.


text: The commissioner shall consult and advise with the board in exercising the powers and performing the duties enumerated in this chapter and make such reports and recommendations as he deems proper or as the board requests, to the end that the rights and interests of the State, its agencies and citizens, in, to, and in respect of, the water of the Colorado River System and the use thereof may be properly safeguarded and protected.


text: The commissioner shall exercise on behalf of the State every right and power granted to the State or to any representative of it by Section 16 of the act of Congress designated the “Boulder Canyon Project Act.”


text: The commissioner shall investigate past, present, and potential uses of the water of the Colorado River System within and without the State.


text: The commissioner shall investigate, coordinate, collate, and preserve information, facts, and data bearing upon the claims of all States and of all public or private agencies within and without the State to and in respect of the water and the use of water of the Colorado River System.


text: The commissioner shall confer with representatives of other States in the Colorado River basin, representatives of the United States, and others concerning problems and measures relating to the development of the Colorado River basin, the use of the water of the Colorado River System, and the protection of the interests therein of the State and of the United States, and shall negotiate respecting such problems and measures and discuss the same and formulate and recommend to the Governor and the Legislature measures, agreements, and legislation deemed for the benefit of the State and the United States.


text: The commissioner shall do and perform all other things deemed necessary or expedient to carry out the purposes of this part.


text: From a list of not less than two persons submitted to it by the commissioner, the board shall appoint an executive director, whose duties shall be as required by the commissioner and by the board.

history: (History: Amended by Stats. 1985, Ch. 232, Sec. 1.)

chapter: 4. Employees

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 4. Employees


text: The board may fix the compensation of the executive director.

history: (History: Amended by Stats. 1985, Ch. 232, Sec. 2.)


text: All irrigation districts, county water districts, municipal water districts, metropolitan water districts, county water authorities, water conservation districts, and flood control districts, may make such contributions to the Colorado River Fund as, in the exercise of the discretion of their respective governing bodies, is deemed advisable.

history: (History: Amended by Stats. 1951, Ch. 704.)

chapter: 5. The Colorado River Fund

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 5. The Colorado River Fund


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


text: All contributions accepted by the board shall be deposited by it in the State Treasury to the credit of the fund.


text: The State Controller shall draw warrants upon the fund from time to time upon demand of the commissioner, and the State Treasurer shall pay the warrants.

chapter: 6. Warrants

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 6. Warrants


text:
Unless the context otherwise requires, the definitions set forth in this section govern the construction of this chapter:

(a) “Account” means the Colorado River Management Account created pursuant to Section 12561.

(b) “California Plan” means the plan being developed by the Colorado River Board of California, the public agencies represented on that board, and the director to ensure that California can live within the state’s apportionment of Colorado River water.

history: (History: Added by Stats. 1998, Ch. 813, Sec. 1. Effective January 1, 1999.)

chapter: 7. Colorado River Management Program

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 7. Colorado River Management Program


text: There is hereby created the Colorado River Management Account in the General Fund. Moneys in the account are available, upon appropriation by the Legislature, for use in accordance with this chapter.

history: (History: Amended by Stats. 2008, Ch. 760, Sec. 22. Effective September 30, 2008.)