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

(a) “Conveyor car wash” means a commercial car wash where the vehicle moves on a conveyor belt during the wash and the driver of the vehicle can remain in, or wait outside of, the vehicle.

(b) “In-bay car wash” means a commercial car wash where the driver pulls into a bay, parks the car, and the vehicle remains stationary while either a machine moves over the vehicle to clean it or one or more employees of the car wash clean the vehicle, instead of the vehicle moving through a tunnel.

(c) “Self-service car wash” means a commercial car wash where a customer washes his or her own car with spray wands and brushes.

(d) “Water recycling system” means a water system at the car wash that captures and reuses water previously used in wash or rinse cycles.

history: (History: Added by Stats. 2012, Ch. 545, Sec. 2. (AB 2230) Effective January 1, 2013.)

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 3. Groundwater Monitoring Program > 2.12. Recycled Water Usage by Car Washes


kind: section

code: WAT

text:
An in-bay car wash or a conveyor car wash permitted and constructed after January 1, 2014, shall do either of the following:

(a) Install, use, and maintain a water recycling system that recycles and reuses at least 60 percent of the wash and rinse water.

(b) Use recycled water provided by a water supplier for at least 60 percent of its wash and rinse water.

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

part: 2.12. Recycled Water Usage by Car Washes

chapter: 3. Groundwater Monitoring Program


text: This part shall not apply to a self-service car wash.


text: This part shall not be construed to limit the power of any city, city and county, or county to require more stringent levels of recycled water use at a car wash.


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

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

chapter: 1. General Provisions

article: 1. Definitions

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


text: “State agency” includes any irrigation district, reclamation district, municipal utility district, public utility district, water district, water storage district, and any public or municipal corporation, political subdivision, district, State agency or authority now or hereafter organized under and by virtue of the laws of the State now in effect or hereafter enacted.

history: (History: Amended by Stats. 1943, Ch. 376.)

article: 1. Definitions


text: “Electric power” includes “electricity,” “electric energy” and “electrical energy.”

article: 1. Definitions


text: “Project” means the Central Valley Project.

article: 1. Definitions


text: “Construction fund” means the Central Valley Water Project Construction Fund.

article: 1. Definitions


text: “Revenue fund” means the Central Valley Water Project Revenue Fund.

article: 1. Definitions


text: Unless the context otherwise requires, “bond” means any bond or other written evidence of indebtedness which the department may issue under this part in order to secure funds with which to carry out the purposes of this part.

history: (History: Amended by Stats. 1957, Ch. 1932.)

article: 1. Definitions


text: The public interest, welfare, convenience, and necessity require the construction in the manner provided in this part of a system of works for the conservation, development, storage, distribution, and utilization of water, with incidental generation, transmission, and distribution of electric power which system of works is designated as the Central Valley Project and is specifically approved and authorized.

article: 2. Statement of Policy

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 1. General Provisions > 2. Statement of Policy


text: The construction, operation, and maintenance of the project as provided for in this part is in all respects for the welfare and benefit of the people of the State, for the improvement of their prosperity and their living conditions, and the provisions of this part shall therefore be liberally construed to effectuate the purposes and objects thereof.

article: 2. Statement of Policy


text: The department shall be regarded as performing a governmental function in carrying out the provisions of this part.

article: 2. Statement of Policy


text: The limitations prescribed in Section 11460 and 11463 shall also apply to any agency of the State or Federal Government which shall undertake the construction or operation of the project, or any unit thereof, including, besides those specifically described, additional units which are consistent with and which may be constructed, maintained, and operated as a part of the project and in furtherance of the single object contemplated by this part.

history: (History: Amended by Stats. 1951, Ch. 1325.)

article: 2. Statement of Policy


text: The State hereby consents to the use and occupation of any real property now or hereafter owned by it, and not dedicated to public use, necessary for the construction, operation, or maintenance of the project, including land of the State lying beneath any navigable waters of the State.

article: 3. Use of State Property

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 1. General Provisions > 3. Use of State Property


text: Whenever any land or rights of way of the State heretofore or hereafter dedicated to public use are necessary for the construction, operation, or maintenance of the project, the land or rights of way may be used therefor, but only in accordance with the terms and conditions of an agreement to be first entered into between the Department of Water Resources and the state department or other agency of the State having jurisdiction over or control and management of the land or rights of way.

article: 3. Use of State Property


text: Any State agency may advance or contribute money, rights of way, labor, materials, and any other property for the construction, operation, or maintenance of the project or any unit thereof.

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 1. General Provisions > 4. Aid From State Agencies or Other Sources


text: Appropriations for advances or contributions under this article may be made from any funds available for the purpose.

article: 4. Aid From State Agencies or Other Sources


text: Any State agency may issue its general obligation bonds for the purpose of making advances or contributions under this article and all proceedings for the authorization, issue, and sale of such bonds shall be had under the law governing the issue and sale of bonds for public improvements by the particular State agency.


text: Money or property advanced or contributed may be immediately transferred or delivered to the department to be used for the purpose for which the advance or contribution was made.


text: The department may enter into an agreement with any state agency to repay any money or the value of any rights of way, labor, materials, or other property advanced or contributed; but no repayment therefor shall be made until all obligations issued by the department for the construction of the project have been fully redeemed and paid, and then only out of the revenues received from the operation of the project.


text: After all bonds issued have been fully redeemed and paid, the department may continue to collect revenues from the use and operation of the project for the purpose of reimbursing any state agency for any expenditures made by it and for the purpose of repayment of any amount the department shall have agreed to repay for money, rights of way, labor, materials, or other property advanced or contributed for the construction of the project or unit thereof.


text: The department may receive and accept from any and all sources money, rights of way, labor, materials, or any other property for the construction, operation, or maintenance of the project or any unit or specific portion of any unit thereof or for any of the purposes of this part, and may agree with the person or entity so contributing to apply the money or property in the manner and for the purpose for which contributed, and the contribution shall thereupon be used and applied in accordance with the agreement.


text: The State Controller, the State Treasurer, and the department shall keep full and particular account and record of all their proceedings under this part.

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 1. General Provisions > 5. Record of Proceedings and Report to Governor


text: The department, the officials thereof, and all state officials may do such acts and make such agreements not inconsistent with law as may be necessary or desirable in connection with the duties and powers conferred upon them respectively by law regarding the construction, maintenance, and operation of the project and the safeguarding of the funds and revenues required for such construction and the payment of the indebtedness incurred therefor.

article: 6. Cooperation by State Officials

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


text: Subject to Articles 9.5 (commencing at Section 11260), 9.7 (commencing at Section 11270), and 9.9 (commencing at Section 11276) hereof, the construction of the project is a single object and the units thereof collectively constitute one project.

history: (History: Amended by Stats. 1959, Ch. 1774.)

chapter: 2. Description of the Project

article: 1. General Provisions

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 2. Description of the Project > 1. General Provisions


text: The project as authorized by this part consists of the units provided for in this chapter.

article: 1. General Provisions


text:
The unit designated as Shasta Dam consists of the following:

(a) A dam, reservoir, and one or more hydroelectric power plants, with necessary afterbay and regulatory appurtenant works located on the Sacramento River at or near Kennett.

(b) A transmission line having capacity sufficient to transmit all the electric power which can be generated at the dam, including substations, transformer stations, and other facilities for the distribution of power from the dam to a central substation near Antioch.

article: 2. Shasta Dam

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 2. Description of the Project > 2. Shasta Dam


text: The transmission line shall be located in such manner and along such route as to enable the most convenient distribution of electric power to the load centers traversed thereby or capable of service therefrom.

article: 2. Shasta Dam


text:
Shasta Dam shall be constructed and used primarily for the following purposes:

(a) Improvement of navigation on the Sacramento River to Red Bluff.

(b) Increasing flood protection in the Sacramento Valley.

(c) Salinity control in the Sacramento-San Joaquin Delta.

(d) Storage and stabilization of the water supply of the Sacramento River for irrigation and domestic use.

article: 2. Shasta Dam


text: Shasta Dam shall be constructed and used secondarily for the generation of electric power and other beneficial uses.

article: 2. Shasta Dam


text: The dam shall be built to such height and the power plant or plants shall be of such capacity as the department determines. The reservoir shall have such storage capacity as the department determines but the capacity shall be not less than 2,940,000 acre-feet of water.

article: 2. Shasta Dam


text: The unit designated as the Contra Costa Conduit consists of a conduit or canal equipped with all necessary pumping plants and other works to convey water and extending westerly from a diversion point near Knightsen southerly of Suisun Bay to the vicinity of Martinez.

article: 3. Contra Costa Conduit

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 2. Description of the Project > 3. Contra Costa Conduit


text: The Contra Costa Conduit shall be of such capacity as the department determines to be necessary to furnish an adequate supply of water for industrial, agricultural, domestic, and other beneficial uses in the area served by it.

article: 3. Contra Costa Conduit


text: The unit designated as the San Joaquin Pumping System consists of a channel or canal with all necessary dams, pumping plants, conduits, and other works which the department determines to be necessary to convey a supply of water for irrigation and other beneficial uses from the lower Sacramento River into the San Joaquin Delta, and also adequate to convey and transport not less than 3,000 cubic feet of water per second from a point on the lower San Joaquin River southerly to the mouth of Fresno Slough.

article: 4. San Joaquin Pumping System

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 2. Description of the Project > 4. San Joaquin Pumping System


text: The unit designated as Friant Dam consists of a dam, reservoir, and one or more hydroelectric power plants to be located on the San Joaquin River at or near Friant.

article: 5. Friant Dam

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 2. Description of the Project > 5. Friant Dam


text: Friant Dam shall be constructed and used primarily for improvement of navigation, flood control, and storage and stabilization of the water supply of the San Joaquin River, for irrigation and domestic use, and secondarily for the generation of electric power and other beneficial uses.

article: 5. Friant Dam


text: The dam shall be built to such height and the power plant or plants shall be of such capacity as the department determines. The reservoir shall have such capacity as the department determines but the capacity shall be not less than 400,000 acre-feet of water.

article: 5. Friant Dam


text: The unit designated as the Madera Canal consists of a canal or conduit leading from the reservoir of Friant Dam northerly to a point on the Chowchilla River.

article: 6. Madera Canal

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 2. Description of the Project > 6. Madera Canal


text: The Madera Canal shall be of such capacity as the department determines to be necessary to furnish an adequate supply of water for beneficial purposes in the area to be served by it.

article: 6. Madera Canal


text: The unit designated as the Friant-Kern Canal consists of a canal or conduit extending from the reservoir of Friant Dam southerly to a point on Kern River near Bakersfield.

article: 7. Friant-Kern Canal

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 2. Description of the Project > 7. Friant-Kern Canal


text: The Friant-Kern Canal shall be of such capacity as the department determines to be necessary to furnish an adequate supply of water for beneficial purposes in the area to be served by it.

article: 7. Friant-Kern Canal


text: The unit may include such pumps, supplemental dams, and other works as the department determines to be necessary for the economical and advantageous construction, operation, and maintenance of the unit.

article: 7. Friant-Kern Canal


text: The unit designated as the Tehama-Colusa Canal consists of a conduit or canal, equipped with the necessary dams, pumping plants, groundwater recharge facilities, and other related works extending from the Sacramento River, at or near Red Bluff, southerly through the Counties of Tehama, Glenn, Colusa, Yolo, Solano, and Napa, and serving those counties.

history: (History: Amended by Stats. 1993, Ch. 415, Sec. 1. Effective January 1, 1994.)

article: 8. Tehama-Colusa Conduit

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 2. Description of the Project > 8. Tehama-Colusa Conduit


text: The Tehama-Colusa Canal shall have the capacity that the department, in cooperation with local public agencies in the service area, determines to be necessary to provide an adequate supply of water for industrial, agricultural, domestic, waterfowl refuge, wildlife, fisheries, and other beneficial uses in the area the canal serves.

history: (History: Amended by Stats. 1993, Ch. 415, Sec. 2. Effective January 1, 1994.)

article: 8. Tehama-Colusa Conduit


text: The water facilities authorized by Sections 11240 and 11241 may be constructed, owned, and operated by one or more local agencies, the department, or a joint powers authority created by agreement between those entities. Any joint powers authority may additionally include the federal Bureau of Reclamation.

history: (History: Added by Stats. 1993, Ch. 415, Sec. 3. Effective January 1, 1994.)

article: 8. Tehama-Colusa Conduit


text: The unit designated as the Tehama-Butte Conduit consists of a conduit or canal, equipped with all necessary dams, pumping plants, and other appurtenant works, extending from the Sacramento River at or near Red Bluff southerly through Tehama, Butte, and Sutter counties.

article: 9. Tehama-Butte Conduit

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 2. Description of the Project > 9. Tehama-Butte Conduit


text: The Tehama-Butte Conduit shall be of such capacity as the department determines to be necessary to furnish an adequate supply of water for industrial, agricultural, domestic, and other beneficial uses in the area to be served by it.

article: 9. Tehama-Butte Conduit


text: The unit designated as Hogan Dam and Reservoir, substantially in accordance with the recommendations of the Chief of Engineers in House Document No. 545, 78th Congress, Second Session, and authorized by act of Congress approved December 22, 1944, Public Law 534, 78th Congress, Second Session, subject to such further modifications thereof as the department may adopt, and such unit may be constructed, maintained, and operated separate and apart from any or all other units thereof.

history: (History: Added by Stats. 1959, Ch. 1750.)

article: 9.1. Hogan Dam

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 2. Description of the Project > 9.1. Hogan Dam


text: Pending construction of the unit described in Section 11252, herein designated “New Hogan,” the department may acquire and operate as a unit of the project, separate and apart from any or all other units thereof, the existing Hogan Dam and Reservoir and appurtenant works, herein designated “Old Hogan,” located on the Calaveras River and owned by the City of Stockton, and may integrate the operation thereof with “New Hogan” when it is constructed.

article: 9.1. Hogan Dam


text: Contracts entered into between the department and the City of Stockton in connection with the transfer of “Old Hogan” to the State, including provisions for the delivery of water from the dam and reservoir, shall not be subject to the limitations contained in Section 11139.

article: 9.1. Hogan Dam


text: Pursuant to the authority contained in Section 12931, the Legislature hereby authorizes, as a part of the State Water Resources Development System, the Los Banos Grandes Reservoir to be located south of the delta and adjacent to the San Luis Reservoir for the purposes of developing additional water supply, providing improved water quality, and providing operational flexibility for fish and wildlife preservation and enhancement in accordance with the Davis-Dolwig Act (Chapter 10 (commencing with Section 11900)). The Los Banos Grandes Reservoir may be constructed in one or more stages, as determined by the department.

history: (History: Added by Stats. 1984, Ch. 1656, Sec. 1.)

article: 9.2. Los Banos Grandes Reservoir

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 2. Description of the Project > 9.2. Los Banos Grandes Reservoir


text: In conducting the feasibility investigations for the Los Banos Grandes Reservoir, the department shall consider the impact of the project on drainage and groundwater lands in the adjacent farm areas, including making a study of the occurrence and distribution of selenium in the drain waters.

article: 9.2. Los Banos Grandes Reservoir


text: The department may use Central Valley Project revenue bonds to finance, all or in part, the construction of the Los Banos Grandes Reservoir.

article: 9.2. Los Banos Grandes Reservoir


text:
The project shall include facilities south of the Sacramento-San Joaquin Delta for utilizing groundwater storage space, determined by the director to be feasible for the purpose of providing yield for the State Water Resources Development System.

A facility described in this article shall not be constructed or operated within the boundaries of an agency that has contracted for a supply of water from the State Water Resources Development System unless the department enters into a contract with that agency concerning the facility.

history: (History: Added by Stats. 1985, Ch. 268, Sec. 1.)

article: 9.3. Groundwater Storage

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 2. Description of the Project > 9.3. Groundwater Storage


text: The units set forth in publication of the State Water Resources Board entitled “Report on Feasibility of Feather River Project and Sacramento-San Joaquin Delta Diversion Projects Proposed as Features of the California Water Plan,” dated May, 1951, as modified in the publication of the Division of Water Resources entitled “Program for Financing and Constructing the Feather River Project as the Initial Unit of the California Water Plan,” dated February, 1955, and including the upstream features set forth in Chapter VI of the 1955 report, except the features on the south fork of the Feather River, and as further modified by the recommendations contained in Bulletin No. 78 of the Department of Water Resources, entitled “Preliminary Summary Report on Investigation of Alternative Aqueduct Systems to Serve Southern California,” dated February, 1959, and subject to such further modifications thereof as the Department of Water Resources may adopt, and such units or portions thereof may be constructed by the department and maintained and operated by it to such extent and for such period as the department may determine, as units of the Central Valley Project separate and apart from any or all other units thereof.

history: (History: Amended by Stats. 1959, Ch. 2043.)

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 2. Description of the Project > 9.5. Feather River and Sacramento-San Joaquin Delta Diversion Projects


text:
The reservoir constructed at Cedar Springs in the San Bernardino Mountains as part of the Feather River Project shall be known as “Silverwood Lake.”

The department shall erect at the reservoir a suitable marker commemorating the contributions made to soil and water conservation by W. E. (Ted) Silverwood.

The department is authorized to receive donations and contributions from the public and to apply the proceeds thereof to the erection and maintenance of the marker.

history: (History: Added by Stats. 1967, Ch. 1599.)

article: 9.5. Feather River and Sacramento-San Joaquin Delta Diversion Projects


text: The American River Development, as described in Public Law 356 of the Eighty-first Congress, First Session, and as constructed by the Federal Government.

history: (History: Added by Stats. 1957, Ch. 1121.)

article: 9.6. American River Development

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 2. Description of the Project > 9.6. American River Development


text: The unit of the North Bay Aqueduct as set forth in Bulletin No. 60 of the Department of Water Resources entitled “Salinity Control Barrier Investigation,” dated March 1, 1957, subject to such modification thereof as the department may adopt, and such unit or portions thereof may be constructed by the department and maintained and operated by it to such extent and for such period as the department may determine, as a feature of the California Water Plan, and as a unit of the Central Valley Project, separate and apart from any or all other units thereof.

history: (History: Added by Stats. 1957, Ch. 2252.)

article: 9.7. North Bay Aqueduct

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 2. Description of the Project > 9.7. North Bay Aqueduct


text: The operation of the North Bay Aqueduct, or any joint-use facilities of that unit or project, shall conform to any applicable standard established by the State Water Resources Control Board relating to the State Water Resources Development System. The director shall continue the work of the Sacramento-San Joaquin water supervision service now under way to maintain continuing records of the source, extent, and occurrence of salinity throughout the Sacramento-San Joaquin Delta.

history: (History: Repealed and added by Stats. 1985, Ch. 354, Sec. 2.)

article: 9.7. North Bay Aqueduct


text: Black Butte Dam and Reservoir, substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 649, 78th Congress, Second Session, and authorized by act of Congress approved December 22, 1944, Public Law 534, 78th Congress, Second Session, subject to such modifications thereof as the department may adopt, and such unit may be constructed and operated separate and apart from any or all other units thereof.

history: (History: Added by Stats. 1959, Ch. 1774.)

article: 9.9. Black Butte Dam and Reservoir

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 2. Description of the Project > 9.9. Black Butte Dam and Reservoir


text: The project includes such other units as may be from time to time added by the department to the units specifically enumerated. The department may add additional units which are consistent with and which may be constructed, maintained, and operated as a part of the project and in furtherance of the single object contemplated by this part.

article: 10. Additional Units

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 2. Description of the Project > 10. Additional Units


text: In addition to the works specified, the units shall include such plants and works for the generation of electric power by steam or other power, and such electric transmission lines and facilities for the sale, use, and distribution of electric power as the department determines to be necessary for making a reasonable, proper, and advantageous sale, use, and distribution of electric power made available by the units.

article: 11. Additional Plants and Works

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 2. Description of the Project > 11. Additional Plants and Works


text: The department shall keep full and complete accounts concerning all matters and things relating to the project and annually shall prepare balance sheet and income and profit and loss statements showing the financial condition of the project.

chapter: 3. The Department of Water Resources

article: 1. Administrative Provisions

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 3. The Department of Water Resources > 1. Administrative Provisions


text: All books and papers pertaining to matters provided for in this part shall at all reasonable times be open to the inspection of any party interested or any citizen of the State.

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

article: 1. Administrative Provisions


text: The provisions of this article are subject to the provisions of Chapter 4 of this part.

article: 2. General Powers and Duties

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 3. The Department of Water Resources > 2. General Powers and Duties


text: The department shall have full charge and control of the construction, operation, and maintenance of the project and the collection of all rates, charges, and revenues from it.

article: 2. General Powers and Duties


text: The department shall proceed with the construction of the project immediately upon funds being available therefor and shall carry such work to completion as rapidly as possible.

article: 2. General Powers and Duties


text: The collection of rates, charges, and revenues shall be continued as provided in this part until all bonds issued are fully redeemed and paid.

article: 2. General Powers and Duties


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

(a) Fix and establish the prices, rates, and charges at which the resources and facilities made available by the project shall be sold and disposed of.

(b) (1) Enter into contracts and agreements and do any and all things which in its judgment are necessary, convenient, or expedient for the accomplishment of the purposes and objects of this part.

(2) The contracts and agreements may include provisions for the indemnification of parties with whom the department contracts as necessary to accomplish the purposes and objects of this part, except that the contracts and agreements may not include provisions for the indemnification, including indemnification for any costs of defense, of any party to those contracts or agreements for that party’s acts or omissions involving negligence, gross negligence, recklessness, or willful misconduct or for acts or omissions involving negligence, gross negligence, recklessness, or willful misconduct on the part of that party’s employees, agents, or contractors.

(3) The Legislature finds and declares that the amendments made to this subdivision during the 1997 portion of the 1997–98 Regular Session are declaratory of existing law.

history: (History: Amended by Stats. 1997, Ch. 566, Sec. 1. Effective September 29, 1997.)

article: 2. General Powers and Duties


text: The department shall enter into such contracts and fix and establish such prices, rates, and charges so as at all times to provide revenue which will afford sufficient funds to pay all costs of operation and maintenance of the works authorized by this part, together with necessary repairs and replacements thereto, and which will provide at all times sufficient funds for redemption of all bonds and payment of interest thereon, as and when such costs and charges become due and payable.

history: (History: Amended by Stats. 1957, Ch. 1932.)

article: 2. General Powers and Duties


text: In the construction and operation by the department of any project under the provisions of this part a watershed or area wherein water originates, or an area immediately adjacent thereto which can conveniently be supplied with water therefrom, shall not be deprived by the department directly or indirectly of the prior right to all of the water reasonably required to adequately supply the beneficial needs of the watershed, area, or any of the inhabitants or property owners therein.

article: 3. Limitation of Powers

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 3. The Department of Water Resources > 3. Limitation of Powers


text: In no other way than by purchase or otherwise as provided in this part shall water rights of a watershed, area, or the inhabitants be impaired or curtailed by the department, but the provisions of this article shall be strictly limited to the acts and proceedings of the department, as such, and shall not apply to any persons or state agencies.

article: 3. Limitation of Powers


text: The provisions of this article shall not be so construed as to create any new property rights other than against the department as provided in this part or to require the department to furnish to any person without adequate compensation therefor any water made available by the construction of any works by the department.

article: 3. Limitation of Powers


text: In the construction and operation by the department of any project under the provisions of this part, no exchange of the water of any watershed or area for the water of any other watershed or area may be made by the department unless the water requirements of the watershed or area in which the exchange is made are first and at all times met and satisfied to the extent that the requirements would have been met were the exchange not made, and no right to the use of water shall be gained or lost by reason of any such exchange.

article: 3. Limitation of Powers


text: No water right, reservoir, conduit, or facility for the generation, production, transmission, or distribution of electric power, acquired by the department shall ever be sold, granted, or conveyed by the department so that the department thereby is divested of the title to and ownership of it.

article: 3. Limitation of Powers


text: The department shall not make any change, alteration, or revision of any rates, prices, or charges established by any contract entered into pursuant to this part except as provided by the contract.

article: 3. Limitation of Powers


text:
Notwithstanding anything in this part to the contrary or in conflict herewith the department may do any or all of the following:

(a) Enter into contracts with the United States for the construction, maintenance, or operation of all or any part of the project or for the financing thereof.

(b) Enter into contracts for the acquisition by the department of the works and properties of the project or any part thereof and for the repayment by the department of the cost thereof to the United States.

(c) Conform to such requirements, not otherwise inconsistent with the law of this State, as may be prescribed by the United States under congressional legislation now in effect or which may hereafter be adopted or under rules and regulations duly adopted thereunder.

(d) Transfer land owned or acquired for the construction of the project, or any part thereof to the United States pursuant to a contract with the department for such construction in conjunction with the construction of a federally authorized project utilizing the facilities with the state authorized project.

(e) Otherwise co-operate with the United States to the end that the people of the State may receive the benefits to be derived from the construction, maintenance, and operation of the project.

history: (History: Amended by Stats. 1959, Ch. 2064.)

chapter: 4. Cooperation with the United States

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 4. Cooperation with the United States


text: The provisions of this chapter are subject to the provisions of Chapter 4 of this part.

article: 1. General Provisions

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 5. Construction of Project by the Department of Water Resources > 1. General Provisions


text: The department shall design all works to be constructed under this part.

chapter: 5. Construction of Project by the Department of Water Resources

article: 1. General Provisions


text: The department may construct the works or any portion thereof or may contract with the United States that the works or any portion thereof may be constructed by and through the department under the supervision and subject to the approval of the United States.

article: 1. General Provisions


text: The cost of all works authorized to be constructed under this chapter shall be paid from the proceeds of bonds issued and sold under the provisions of this part, or from contributions, appropriations, or loans as provided in this part.

article: 1. General Provisions


text: All works constructed pursuant to this chapter shall be constructed under and in accordance with the provisions of the State Contract Act insofar as the provisions of that act are applicable, except that the amount of cash bidders’ bonds or certified checks required to accompany any bid submitted, when bids relating to the construction of any works are called for, shall be fixed and determined by the department.

article: 1. General Provisions


text: Notwithstanding any provisions of the State Contract Act, the department may award and enter into construction contracts which require expenditures in excess of funds presently available therefor, but the obligation of the department and the State in such contracts shall be expressly contingent upon sufficient funds being made available by future appropriations or by law.

history: (History: Added by Stats. 1959, Ch. 2054.)

article: 1. General Provisions


text: The department shall require of each contractor bonds for the faithful performance of any contract or subcontract and for the payment for any labor, materials, or supplies used in, upon, for, or about the performance of the work contracted to be done. The bonds shall fix such terms and conditions and be in such amounts as the department deems necessary.

article: 1. General Provisions


text: Money realized on any such bonds shall be paid into the construction fund.

article: 1. General Provisions


text: The department shall construct the project when, in its judgment, appropriations, contributions, and revenues from all sources which are available or which will be made or become available upon, during, after, or before construction of the project, including contracts which the department may negotiate and enter into with responsible persons, public or private agencies, the United States, and state agencies for the sale or disposal of water, water flow, the use of water, water storage, electric power, or other resources and facilities to be made available by the project, are or will be available from such sources in such amounts and at such times as will afford funds sufficient to pay and discharge as and when the same become due and payable all cost and expense incurred prior to construction, and all cost and expense of construction, operation, and maintenance of the project, together with necessary repairs and replacements thereto, including funds sufficient to meet and pay, as and when they become due and payable, all bonds, with interest accruing thereon, within a period of not to exceed 70 years after the beginning of the construction of the project.

article: 2. Time of Construction

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 5. Construction of Project by the Department of Water Resources > 2. Time of Construction


text: The construction of all or any part of the San Joaquin Pumping System may be deferred until such time as the department determines that the construction of it is required and is economically justified.

article: 3. Sequence of Units

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 5. Construction of Project by the Department of Water Resources > 3. Sequence of Units


text: In case the construction of all or any part of the San Joaquin Pumping System is deferred, the construction of all other units of the project shall be commenced and carried to completion without reference to the construction so deferred.

article: 3. Sequence of Units


text: The department shall ascertain and determine when the project or any unit thereof is completed and thereupon the project or unit shall be deemed completed for all purposes of this part.

article: 3. Sequence of Units


text: For the purpose of constructing, maintaining, and operating the project and for the purpose of providing and substituting new facilities for facilities to be taken or destroyed, the department may acquire for and in the name of the state, by gift, exchange, purchase, or eminent domain proceedings, within or without the state, any and all water, water rights, rights-of-way, easements, land, electric power, power resources and facilities, and property or appurtenances thereto of every kind and description and any appurtenances to any such property as the department determines to be required and necessary for the proper construction, maintenance, and operation of the project and for effectuating the purposes and objects to be accomplished by the construction, maintenance, and operation of the project, and for providing and substituting new facilities for facilities taken or destroyed.

history: (History: Amended by Stats. 1980, Ch. 941, Sec. 3. Effective September 19, 1980.)

chapter: 6. Acquisition and Disposal of Property

article: 1. General Provisions

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 6. Acquisition and Disposal of Property > 1. General Provisions


text: The cost of contruction of the project includes the cost and expense of acquiring property and any such cost and expense is an integral part of the capital cost of the project.

article: 1. General Provisions


text: Nothing in this chapter shall in any way interfere with or abridge the right of the department or of any state agency to acquire any property through the exercise of the right of eminent domain.

article: 1. General Provisions


text: In any lease, easement, or right of entry agreement entered into whereby the department leases real property or obtains a grant of easement, right-of-way, or right of entry in real property for the purpose of exploration for, or construction, operation, or maintenance of, water projects, or for other investigations or data collection, the department may agree to indemnify and hold harmless the lessor or grantor and may agree to repair or pay for any damage caused by reason of the uses authorized by such lease, easement, right-of-way or right of entry. Insurance may be purchased by the Department of General Services, upon request of the department, to protect the department against loss or expense arising out of such a lease, easement, right-of-way, or right of entry.

history: (History: Added by Stats. 1965, Ch. 1305.)

article: 1. General Provisions


text: When the department cannot acquire any necessary property by agreement with the owner, the department may exercise the power of eminent domain to acquire the property in the name of the state if the project for which the property is being acquired has been authorized and funds are available therefor.

history: (History: Amended by Stats. 1975, Ch. 1239.)

article: 2. Eminent Domain Proceedings

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 6. Acquisition and Disposal of Property > 2. Eminent Domain Proceedings


text: No water which, prior to January 13, 1934, was appropriated, or for which application has been filed prior to January 13, 1934, and remains in good standing, nor any tunnels, canals, dams, and appurtenant works dedicated to public use prior to July 1, 1933, may be acquired by the department through eminent domain proceedings except, unless and until it is first determined in a court of competent jurisdiction that the use proposed to be made thereof by the department is a more necessary public use than that to which it has already been appropriated or dedicated.

history: (History: Amended in Stats. 1957, Ch. 1932.)

article: 2. Eminent Domain Proceedings


text: Where any water or property mentioned in the next preceding section has, prior to July 1, 1933, been filed on, appropriated, or dedicated to public use by any State agency, the use thereof by the State agency shall be deemed a more necessary public use.

article: 2. Eminent Domain Proceedings


text: Where any water or property mentioned in Section 11584 has, prior to July 1, 1933, been filed on, appropriated, or dedicated to a public use by any state agency and the use proposed to be made thereof by the department is consistent with the continuance of the use thereof by the state agency for its purposes, the right to use such property for the purposes proposed by the department is common and consistent with the use being made thereof by the state agency and may be acquired by eminent domain.

article: 2. Eminent Domain Proceedings


text:
Whenever the right of occupancy of any person upon national forest or national park lands is terminated because of the construction of the project, the department shall, in connection with the construction of the project, acquire, by purchase or condemnation, any buildings or improvements constructed upon such lands by the person. In any such purchase or condemnation proceedings, the department shall pay the value of the improvements in place as the value existed prior to revocation of the federal permit or their replacement cost, less depreciation, whichever is lesser.

This section is not applicable to improvements located on right-of-way across national forest or national park lands.

history: (History: Added by Stats. 1965, Ch. 1570.)

article: 2. Eminent Domain Proceedings


text: The department has no power to take or destroy the whole or any part of the line or plant of any common carrier railroad, other public utility, or state agency, or the appurtenances thereof, either in the construction of any dam, canal, or other works, or by including the same within the area of any reservoir, unless and until the department has provided and substituted for the facilities to be taken or destroyed new facilities of like character and at least equal in usefulness with suitable adjustment for any increase or decrease in the cost of operating and maintenance thereof, or unless and until the taking or destruction has been permitted by agreement executed between the department and the common carrier, public utility, or state agency.

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 6. Acquisition and Disposal of Property > 3. Acquiring Facilities of Public Utilities and State Agencies


text: The expense of the department in complying with the requirements of this article is part of the cost of constructing the project.

article: 3. Acquiring Facilities of Public Utilities and State Agencies


text: In the event the department and any common carrier railroad, other public utility, or state agency fail to agree as to the character or location of new facilities to be provided as required in this article, the character and location of the new facilities and any other controversy concerning requirements imposed by this chapter shall be submitted to and determined and decided by the Public Utilities Commission of the State.


text:
Subject to the provisions of Section 11464, the department may do any of the following:

(a) Sell or otherwise dispose of any rights of way, easements, or property when it determines than they are no longer needed for the purposes of this part.

(b) Lease or rent rights of way, easements, or property.

(c) Take, receive, and apply for the purposes and objects of this part the income, profit, and revenue received from the sale, lease, rental, or other disposal.

article: 4. Disposition of Property

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 6. Acquisition and Disposal of Property > 4. Disposition of Property


text: Any state agency, mutual water company, political subdivision, or other entity or organization may enter into contracts with the department for the purchase or for the use of water, water flow, water storage, electric power, or other resources and facilities made available by the project.

chapter: 7. Contracts

article: 1. General Provisions

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 7. Contracts > 1. General Provisions


text: In entering into and awarding contracts, in case of equal or equivalent offers, including consideration of the cost of construction, operation, and maintenance of the necessary lines, plants, and other works to deliver the commodity or service which is to be delivered under the contracts, the department shall grant preference to state agencies or other organizations not organized or doing business for profit but primarily for the purpose of supplying water or electric power to their own citizens or members.

article: 1. General Provisions


text: Every contract made by the department for the sale of water, use of water, water storage, electric power, or other service shall provide that, in the event of any default in the payment of any money specified in the contract to be paid to the department, the department may, upon such notice as it determines, cease to furnish or deliver water, use of water, water storage, electric power, or other service under the contract.

article: 1. General Provisions


text: The act of the department in ceasing on any default to furnish or deliver water, use of water, water storage, electric power, or other service under a contract shall not deprive the department of or limit any remedy provided by the contract or by law for the recovery of money due or which may become due under the contract.

article: 1. General Provisions


text: In case of the award by the department of any contract or lease to any state agency for the furnishing of water, the use of water, water storage, electric power, or other service, upon demand made therefor by such state agency, the department shall construct, acquire, or otherwise provide the necessary works and facilities for transmitting the water, electric power, or other service to a central point from which the water, electric power, or other service may be most conveniently distributed within the territory to be served under the contract or lease.

article: 2. Contracts with State Agencies

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 7. Contracts > 2. Contracts with State Agencies


text: The governing body charged with the levying of taxes or assessments in any state agency which contracts to purchase from the department any water, use of water, water storage, electric power, or other service shall provide for the punctual payment to the department of all amounts which become due under the contract.

article: 2. Contracts with State Agencies


text: The governing body shall, whenever necessary, levy upon all property in the state agency not exempt from taxation, a tax or assessment sufficient to provide for all payments under the contract then due or to become due within the then current fiscal year or within the following fiscal year before the time when money will be available from the next general tax levy.

history: (History: Amended by Stats. 1968, Ch. 22.)

article: 2. Contracts with State Agencies


text: All officers of any State agency charged with the collection of the taxes or assessments levied by the State agency shall enforce and collect all taxes or assessments levied or assessed for the purpose of providing payment of the money due or to become due under a contract as provided in this article.

article: 2. Contracts with State Agencies


text: All money collected for taxes or assessments under this article shall be kept in a separate fund by the treasurer or other officer of the state agency charged with the safekeeping and disbursement of funds of the state agency, and, upon the written demand of the department, the treasurer or other officer shall pay over to the department all such money in his possession or control and the money shall be applied by the department to the satisfaction of the amount due under the contract.

history: (History: Amended by Stats. 1957, Ch. 1132.)

article: 2. Contracts with State Agencies


text: In the event of failure, neglect, or refusal of any officer of any state agency to levy any tax or assessment necessary to provide payment by the state agency under any contract with the department, to enforce or to collect the tax or assessment, or to pay over to the department any money collected on the tax or assessment the department may take such action in a court of competent jurisdiction as it deems necessary to compel the performance in their proper sequence of all duties relating to the levying and collection of the taxes or assessments and the payment of the money collected therefrom to the department.

article: 2. Contracts with State Agencies


text: The use by the department of any remedy specified in this article for the enforcement of any contract made with it is not exclusive and shall not deprive the department of, or limit the application of, any other remedy provided by law.

article: 2. Contracts with State Agencies


text: In addition to the powers conferred by law, and not in derogation or in limitation thereof, any state agency may enter into and execute appropriate contracts with the department for any and all the purposes and objects of this part.

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 7. Contracts > 3. Additional Provisions Relating to Contracts with State Agencies


text: The department may agree in a contract with a state agency or department of a state agency that payments to be made under a contract for joint development of water conveyance and hydroelectric facilities on the west branch of the California Aqueduct shall be made only from funds under the management and control of the state agency or department of a state agency derived from revenues from the sale of electric energy and are not to be made from funds derived from the levy of taxes upon taxable property within the state agency. The provisions of Sections 11652 to 11655, inclusive, shall not be applicable to contracts containing such a provision.

history: (History: Added by Stats. 1971, Ch. 758.)

article: 3. Additional Provisions Relating to Contracts with State Agencies


text: Any State agency may comply with the terms, provisions, and conditions of any contract entered into by it pursuant to this article.


text:
Any state agency may, in or pursuant to a contract with the department, do any or all of the following:

(a) Provide in the contract for the segregation and allocation of any or all revenues received by the state agency from the sale, use or distribution of any water, use of water, electric power, or other facilities to be received, used, or distributed by the state agency under the contract.

(b) Pursuant to the contract, segregate, allocate, and devote such revenues solely for the purpose of making payments to the department for water, use of water, electric power, or other facilities to be received, used, or distributed under the contract.

(c) Provide in the contract for the pledge of any or all such revenues for the purpose of securing to the department any payments which may become due under the contract.

(d) Pursuant to the contract, pledge such revenues for the purpose of securing to the department any payments which may become due under the contract.

(e) Promise and agree to establish and maintain a special account to be created in and from its general fund or other appropriate fund.

(f) Pursuant to subdivision (e) create, establish, and maintain such special account.


text: All funds accruing to a special account established pursuant to the next preceding section, or deposited therein, in compliance with the terms and provisions of any contract with the department constitute a trust fund for the purpose of making payments to the department as provided in the contract.


text: Any contract or lease made by the department with any person, other than a state agency, providing for the furnishing by the department of water, the use of water, water storage, electric power, or other service for resale shall be subject to cancellation by the department upon five years’ notice, and such a contract or lease shall be so canceled in whole or in part whenever the State or any financially responsible state agency makes application for the water, use of water, water storage, electric power, or other service, or any part thereof, covered by the contract or lease and enters into a contract or lease binding itself to take the water, use of water, water storage, electric power, or other service, or any part thereof, and pay for it at a rate or price at least equal to that specified in the contract or lease to be canceled and for a period at least equal to the unexpired portion of the term of such contract or lease.

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 7. Contracts > 4. Contracts Other Than With State Agencies


text: The department shall not cancel any contract or lease under the next preceding section unless and until it first determines and assures itself that notwithstanding the cancellation, it will receive and be paid a total revenue or consideration at least equal to that which would be received by it were the contract or lease not canceled, and within the unexpired portion of the term of the contract or lease.

article: 4. Contracts Other Than With State Agencies


text: For the purpose of providing money and funds to pay the cost and expense of carrying out any of the objects and purposes of this part, the department may, from time to time, issue bonds. As used in this chapter, “bonds” means revenue bonds, notes, refunding bonds, refunding notes, bond anticipation notes, certificates of indebtedness, and other evidences of indebtedness payable from the sources provided in this chapter.

history: (History: Amended by Stats. 1991, 1st Ex. Sess., Ch. 5, Sec. 1. Effective June 6, 1991.)

chapter: 8. Bonds

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 8. Bonds > 1. Authorization to Issue and Reduction of Aggregate Amount


text: Whenever the department determines that it is necessary to carry out any of the objects and purposes of this part, it shall prepare preliminary cost estimates, an estimate of the amount required to be raised for those purposes by the issuance of bonds, and a statement of the probable amount of money, property, materials, or labor, if any, to be contributed from other sources in aid thereof, and shall adopt a resolution declaring that the public interest and necessity require the carrying out of those objects and purposes and authorizing the issuance of bonds for the purpose of obtaining funds in an amount not in excess of that estimated to be required for those purposes.

history: (History: Amended by Stats. 1991, 1st Ex. Sess., Ch. 5, Sec. 2. Effective June 6, 1991.)

article: 1. Authorization to Issue and Reduction of Aggregate Amount


text: Bonds shall be issued in the name of the department and shall constitute obligations only of the department and shall be identified as Central Valley Project revenue bonds.

article: 2. General Provisions

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 8. Bonds > 2. General Provisions


text: Any provisions not inconsistent with this part may be contained in the proceedings authorizing the issuance of bonds which limit, restrict, or regulate the holding, deposit, investment, and application of money consisting of the proceeds from the sale of the bonds or the revenues received from the operation of the project, and such provisions shall constitute a contract with the holders of the bonds and be binding upon the department as long as the bonds are outstanding. The proceedings authorizing the issuance of bonds may also contain any provisions not inconsistent with this part which are determined by the department and the Treasurer to be necessary or desirable to improve the marketability of the bonds or lower the interest cost on the bonds to the department.

history: (History: Amended by Stats. 1986, Ch. 719, Sec. 1.5. Effective September 15, 1986.)

article: 2. General Provisions


text: While any bonds remain outstanding, the powers, duties or existence of the department or any official or agency of the State shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of the bonds.

article: 2. General Provisions


text:
The holder of any bond may by mandamus or other appropriate proceedings require and compel the performance of any of the duties imposed upon any state department, official, or employee in connection with any of the following:

(a) The construction of the project.

(b) The collection, deposit, application, and disbursement of all revenues derived from the operation and use of the project.

(c) The deposit and disbursement of the proceeds received from the sale of bonds.

article: 2. General Provisions


text: The enumeration of rights and remedies in the next preceding section does not exclude the exercise or prosecution of any other rights or remedies by holders of bonds.

article: 2. General Provisions


text: The department may contract loans and borrow money from the United States through the sale of bonds upon such conditions and terms as may be agreed to and such bonds shall be subject to all the provisions of this part except the requirement that bonds be first offered at public sale pursuant to advertisement.

article: 2. General Provisions


text: Temporary or interim bonds, certificates, or receipts, of any denominations and with or without coupons attached thereto, signed by the director, may be issued and delivered until the definitive bonds are executed and available for delivery.

article: 2. General Provisions


text: The purchase price of bonds shall be paid for the account of the department to the Treasurer or the designee of the Treasurer.

history: (History: Amended by Stats. 1991, 1st Ex. Sess., Ch. 5, Sec. 3. Effective June 6, 1991.)

article: 2. General Provisions


text: Notwithstanding anything otherwise provided in this part, any expense incurred by the department for advertising, engraving, printing, clerical, legal, or other services necessary to properly perform the services and duties relating to the sale and issuance of bonds shall be paid from the proceeds of the sale of bonds.

article: 2. General Provisions


text: The department shall return the appropriation made by Chapter 12 of the Statutes of 1935, or so much thereof as is used, with interest thereon at the rate of 4 percent per annum to the General Fund in the State Treasury from the proceeds of the first sale of revenue bonds issued for the construction of the project under the provisions of this part.

article: 2. General Provisions


text: Bonds issued under this part shall contain a recital on the face thereof that the payment or redemption of the bonds and the payment of interest thereon is secured by a first and direct charge and lien upon the revenues of any nature whatever received from the operation of the Central Valley Project for the construction of which the bonds are issued and that neither the payment of the principal or any part thereof or any interest thereon constitutes a debt, liability, or obligation of the State of California.

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

article: 3. Payment from Revenue

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 8. Bonds > 3. Payment from Revenue


text: Bonds issued under this part shall not constitute or be a debt, liability, or obligation of the State. Payment of both principal and interest of all such bonds shall be secured only by the rates, charges, and revenues established or accruing from the use or operation of the project and shall be made from such revenues or from such contributions or appropriations as may be made available under the terms of this part.

article: 3. Payment from Revenue


text: All bond redemption and interest payments shall constitute a first and direct charge and lien on all revenues received from the operation of the project, on all interest accruing from such revenues, and on all sinking funds created out of such revenues.

article: 3. Payment from Revenue


text: The collection of revenues shall be continued until all bonds with interest thereon are fully redeemed and paid.

article: 3. Payment from Revenue


text: The department shall determine the form, conditions, and denominations of all bonds and the dates which the bonds shall bear.

article: 4. Bond Form and Terms

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 8. Bonds > 4. Bond Form and Terms


text: The department and the Treasurer shall determine the interest rate or rates on the bonds. The rate or rates may be fixed or variable and shall not exceed 12 percent per annum, except that the rate on any bond may, on any day, exceed 12 percent per annum if the interest borne by the issue of which the bond is a part from its date of issuance to, and including, that day does not exceed the total interest which would have been borne by the issue if all bonds of the issue had borne interest during that period at the rate of 12 percent per annum.

history: (History: Amended by Stats. 1986, Ch. 719, Sec. 2. Effective September 15, 1986.)

article: 4. Bond Form and Terms


text: It is not necessary that all bonds of the same authorized issue bear the same interest rate.

article: 4. Bond Form and Terms


text: Principal and interest on bonds shall be payable at such place or places as may be fixed and determined by the department.

history: (History: Amended by Stats. 1957, Ch. 1932.)

article: 4. Bond Form and Terms


text: Bonds may contain provisions for registration thereof as to principal only or as to both principal and interest.

article: 4. Bond Form and Terms


text: Bonds may be issued in coupon form with interest payable at such times as determined by the department and shall mature at such times and in such amounts as the department prescribes.

history: (History: Amended by Stats. 1983, Ch. 404, Sec. 1. Effective July 27, 1983.)

article: 4. Bond Form and Terms


text: The department may provide for the retirement of bonds at any time or times prior to their maturity and in such manner and upon payment of such premiums as may be fixed and determined in the proceedings providing for the issuance of the bonds and referred to therein.

article: 4. Bond Form and Terms


text: The department may enter into banking, insurance, remarketing, and other financial arrangements as may be necessary or desirable to provide additional security for the payment of principal and interest on the bonds or to provide the holders of the bonds the right to tender bonds to the department or to another party for purchase at the times, on the notice, and on those other terms as the department may determine. These arrangements may provide for the reimbursement by the department, with interest, of moneys advanced by the provider of additional security, the provider of a tender right, the provider of moneys to fund a tender right, or anyone performing a related function, except that the interest rate on the reimbursement obligation shall not exceed the rate specified in Section 11731 and the sources of moneys for the reimbursement shall be only the sources available for the payment of the bonds.

history: (History: Added by Stats. 1986, Ch. 719, Sec. 3. Effective September 15, 1986.)

article: 4. Bond Form and Terms


text: All bonds shall be signed by the director and countersigned by the Governor.

article: 4. Bond Form and Terms


text: The signature of the director and the Governor may be by facsimile.

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

article: 4. Bond Form and Terms


text: All interest coupons shall bear the facsimile signature of the director.

article: 4. Bond Form and Terms


text: In case any officer whose signature or countersignature appears on the bonds or coupons ceases to be such officer before the delivery of the bonds to the purchaser, his signature or countersignature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in the office until the delivery of the bonds.

article: 4. Bond Form and Terms


text: Bonds may be issued and sold from time to time and in such amounts as may be deemed necessary in the judgment of the department to provide sufficient funds for the purposes authorized by this chapter.

history: (History: Amended by Stats. 1991, 1st Ex. Sess., Ch. 5, Sec. 4. Effective June 6, 1991.)

article: 5. Issuance and Sale

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 8. Bonds > 5. Issuance and Sale


text: Bonds may be sold below the par or face value thereof, but the sale price shall not be less than 94 percent of the par or face value of the bonds, and the sale price shall include the interest which has accrued thereon up to the date of delivery of the bonds.

history: (History: Amended by Stats. 1975, Ch. 828.)

article: 5. Issuance and Sale


text: Successive issues of bonds shall have equal preference with respect to the redemption thereof and the payment of interest thereon, but the department may fix different maturity dates serially or otherwise for successive issues.

article: 5. Issuance and Sale


text: All bonds issued are negotiable instruments.

article: 5. Issuance and Sale


text: All bonds authorized for issuance by the department shall be sold by the Treasurer at public sale by bid or at private sale by negotiation, as directed by the department after consultation with the Treasurer. If the bonds are to be sold by a negotiated sale, the Treasurer shall select the underwriter or underwriters after consultation with the department.

history: (History: Amended by Stats. 1986, Ch. 719, Sec. 4. Effective September 15, 1986.)

article: 5. Issuance and Sale


text:
The department may borrow money in anticipation of the sale of bonds duly authorized to be issued, but which have not yet been sold and delivered, and for that purpose may issue negotiable bond anticipation bonds and may renew such bond anticipation bonds from time to time, but the maximum maturity of any such bond anticipation bonds, including the renewals thereof, shall not exceed five years from the date of the original bond anticipation bonds. Such bond anticipation bonds may be issued at public or private sale. The department may provide, by resolution, for issuance at such maturities, interest rates, in such form, and under such other terms and conditions as the department, in its discretion, may determine.

The proceeds from the sale of such bond anticipation bonds shall be used only for the purposes for which may be used the proceeds of the sale of bonds in anticipation whereof they were issued. Such bond anticipation bonds shall not be issued in an amount in excess of the aggregate amount of bonds authorized to be issued, less the amount of any of such authorized bonds previously sold, and also less the amount of other bond anticipation bonds issued in anticipation thereof and then outstanding.

The principal of such bond anticipation bonds may be paid from any moneys available therefor and not otherwise pledged. If such bond anticipation bonds, or any portion thereof, have not been previously paid, they shall be paid from the proceeds of the next sale of bonds in anticipation whereof they were issued.

Interest on such bond anticipation bonds shall be payable from the same funds from which the interest on the bonds in anticipation whereof they were issued is payable. Interest on the bond anticipation bonds may be paid out of proceeds thereof.

history: (History: Added by Stats. 1975, Ch. 828.)

article: 5. Issuance and Sale


text: The proceeds from the sale of bonds shall be paid to the Treasurer or the designee of the Treasurer to the credit of the construction fund.

history: (History: Amended by Stats. 1991, 1st Ex. Sess., Ch. 5, Sec. 5. Effective June 6, 1991.)

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 8. Bonds > 6. Disposition of Proceeds from Bond Sale


text:
The proceeds shall be paid out, disbursed, or applied solely for one or more of the following:

(a) The construction, reconstruction, and repair of the project.

(b) Surveys and the preparation of plans and specifications.

(c) Payment of all other costs and expenses prior to and during construction.

(d) The acquisition of the necessary water, water rights, rights-of-way, easements, lands, electric power, power resources and facilities, other property of every kind and description, and any appurtenances to that property necessary therefor, including facilities planned and designed in cooperation with, and among, water agencies, water districts, and irrigation districts.

(e) The payment of interest becoming due and payable on bonds prior to and during the period of actual construction and for the period of one year after the completion of construction.

(f) All costs and expenses during a period of one year after completion of construction only as the need therefor shall arise.

(g) The establishment of a debt service reserve fund.

history: (History: Amended by Stats. 1992, Ch. 427, Sec. 170. Effective January 1, 1993.)

article: 6. Disposition of Proceeds from Bond Sale


text:
(a) If the department sells bonds to finance a water purchase, the bonds, including all refinancing of the bonds, shall be scheduled to mature within five years of the date of the initial sale of the bonds.

(b) (1) Subdivision (a) does not apply to bonds sold to finance a water purchase arrangement which is planned to extend beyond five years, if the bonds, including all refinancing of the bonds, are scheduled to mature not later than the date on which the water purchase arrangement will terminate.

(2) “Water purchase arrangement,” for purposes of this subdivision, means a purchase, exchange, or standby agreement entered into by the department with one or more persons or entities to receive water from, or as a result of actions by, those persons or entities for the duration of the agreement.

(c) Subdivision (a) does not apply to bonds sold to finance a water purchase for the purpose of long-term carryover storage.

history: (History: Added by Stats. 1991, 1st Ex. Sess., Ch. 5, Sec. 7. Effective June 6, 1991.)


text: The department may agree with the purchaser of bonds upon any conditions or limitations restricting the disbursement of the proceeds that may be deemed advisable for the purpose of assuring the proper application of the proceeds.


text: From the money deposited in the construction fund the State Treasurer shall transfer to the place or places of payment named in the bonds the sums required to pay the interest as it becomes due on all bonds sold and outstanding for the construction of the project during the period of actual construction and during a period of one year after completion thereof.

article: 7. Payment of Principal and Interest

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 8. Bonds > 7. Payment of Principal and Interest


text: After the periods mentioned in the next preceding section the Treasurer shall transfer from the revenue fund to the place or places named in the bonds the sums required to pay the interest on the bonds and redeem the principal thereof as such interest payments and bond redemptions fall due for all bonds issued and sold.

article: 7. Payment of Principal and Interest


text: All funds transferred for the payment of principal or interest on bonds shall be segregated and applied solely for the payment of the principal and interest.

article: 7. Payment of Principal and Interest


text: Any surplus which exists in the construction fund shall be applied to the retirement of bonds issued for construction of the project by purchase or call.

article: 8. Retirement of Bonds

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 8. Bonds > 8. Retirement of Bonds


text: In the event the bonds cannot be purchased at a price satisfactory to the department and are not by their terms callable prior to maturity such surplus shall be paid into the fund applicable to the payment of principal and interest of the bonds and shall be used for that purpose.

article: 8. Retirement of Bonds


text: The proceedings authorizing the issuance of bonds may provide limitations and conditions upon the time and manner of applying such surplus to the purchase and call of outstanding bonds.

article: 8. Retirement of Bonds


text: The terms upon which the bonds shall be purchased or called and such limitations and conditions as are mentioned in the preceding section shall be followed and observed in the application and use of such surplus.

article: 8. Retirement of Bonds


text: All bonds retired by purchase or call shall be immediately canceled.

article: 8. Retirement of Bonds


text: Money required to meet the costs of construction of the project and all expenses and costs incidental thereto and to meet the costs of operating and maintaining and making necessary replacements thereto shall be paid by the State Treasurer from the proper fund upon demand of the department. Payments shall be made after audit in the manner provided by law and upon warrants drawn by the State Controller.

chapter: 9. Finances

article: 1. General Financial Provisions

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 9. Finances > 1. General Financial Provisions


text: All interest received or earned on money deposited in a fund provided for in this part shall be credited to and become a part of the particular fund upon which the interest accrues.

article: 1. General Financial Provisions


text: The proceedings authorizing the issuance of bonds may contain appropriate provisions governing the use and application of bond proceeds and revenues for the purposes specified in this part.

article: 1. General Financial Provisions


text: The department may provide in the proceedings authorizing the issuance of bonds or may otherwise agree with the purchasers of bonds regarding the deposit of all money constituting the construction fund, and the revenue fund and may also provide for the deposit of such money at such times and with such depositaries or paying agents and upon the furnishing of such security as may meet with the approval of the purchasers of the bonds.

article: 1. General Financial Provisions


text: The depositaries and security provided for or agreed upon shall be qualified and eligible in accordance with the requirements of law.

article: 1. General Financial Provisions


text: Notwithstanding anything contained in this part, the proceeds received from the sale of bonds and the revenues received from the operation of the project may be used to defray any expenses incurred by the department in connection with and incidental to the issuance and sale of bonds for the construction of the project, including expenses for the preparation of surveys, plans, and estimates and the making of inspections and examinations required by the purchasers of bonds.

article: 1. General Financial Provisions


text: The amounts required to be transferred by the State Treasurer as provided in this part shall be ascertained and computed by the department and the certificate of the department is conclusive and binding upon the State Treasurer.

article: 1. General Financial Provisions


text:
When the department, with the concurrence of the Department of Finance, deems it in the best interests of the state, it may authorize the State Treasurer, upon such terms and conditions as may be fixed by the department, to issue notes, in the manner prescribed by this section, maturing within a period not to exceed five years, payable from revenues received from the operation of the project or from federal reimbursements received under the National Disaster Act, or both. Notes authorized to be issued shall be issued at public sale on a competitive-bid basis upon such notice as the State Treasurer may deem advisable, except that if no bids are received or if such bids are not satisfactory to the State Treasurer, such notes may be issued on a negotiated-bid basis. The proceeds from the sale of such notes shall be used only for the purpose of providing funds for emergency repairs to the project necessitated by natural disasters.

All notes issued and any renewals thereof shall be payable at a fixed time, solely from revenues received from the operation of the project or from federal reimbursements received under the National Disaster Act, or both, and not otherwise, except that in the event that sufficient revenues or reimbursements, or both, are not received prior to the maturity of the notes, the State Treasurer shall, in order to meet the notes then maturing, issue renewal notes for such purpose.

Every note and any renewal thereof shall be payable from revenues received from the operation of the project or from federal reimbursements received under the National Disaster Act, or both, and not otherwise. The total amount of such notes or renewals thereof issued and outstanding shall at no time exceed anticipated revenues from the operation of the project or federal reimbursements under the National Disaster Act, or both, to be received during the following two years.

history: (History: Added by Stats. 1971, Ch. 1068.)

article: 1. General Financial Provisions


text: There is in the State Treasury The Central Valley Water Project Construction Fund which is continued in existence.

article: 2. Construction Fund

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 9. Finances > 2. Construction Fund


text: The construction fund shall at all times be kept segregated and set apart from all other funds.

article: 2. Construction Fund


text: Any and all appropriations and contributions received from the United States, the State, any State agency, any political subdivision, or any other source for the purpose of constructing the project, or borrowed therefrom for such purpose, shall be received by the State Treasurer and deposited in and credited to the construction fund.

article: 2. Construction Fund


text: All costs and expenses of the department, including interest due and payable, incurred in performing the duties prescribed in this part prior to and during the construction of the project and for a period of one year after completion thereof, shall be paid out of the construction fund.

article: 2. Construction Fund


text: All the costs and expenses mentioned in the next preceding section shall be charged as a part of the cost of construction of the project and the money in the construction fund is hereby appropriated for such purposes.

article: 2. Construction Fund


text: There is in the State Treasury the Central Valley Water Project Revenue Fund which is continued in existence.

article: 3. Revenue Fund

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 9. Finances > 3. Revenue Fund


text: All revenues received from the operation of the project shall be paid over by the department at least monthly to the State Treasurer.

article: 3. Revenue Fund


text: The State Treasurer shall deposit the revenues to the credit of the revenue fund as demand deposits in a depositary authorized by law to receive deposits of State funds.

article: 3. Revenue Fund


text: The revenue fund shall at all times be kept segregated and set apart from all other funds.

article: 3. Revenue Fund


text: All appropriations and contributions received from the United States, the State, any State agency, any political subdivision, or from any other source for the purpose of maintaining or operating the project, or borrowed therefrom for such purposes, shall be received by the State Treasurer and deposited in and credited to the revenue fund.

article: 3. Revenue Fund


text: After the expiration of one year after the completion of the project, all costs and expenses of the department, including interst due and payable, incurred in performing the duties prescribed in this part shall be paid out of the revenue fund.

article: 3. Revenue Fund


text: The money in the revenue fund is hereby appropriated for the payment of costs and expenses, for the maintenance and operation of the project, for making necessary replacements thereto, and for the payment when due of the principal and interest on all indebtedness incurred under the provisions of this part.

article: 3. Revenue Fund


text: The money remaining in the revenue fund after providing the amount required for interest and redemption of bonds shall be devoted to the payment of the costs of operation and maintenance of the project including necessary replacements thereto to the extent necessary.

article: 3. Revenue Fund


text: Notwithstanding anything contained in this part, the department may provide in the proceedings authorizing the issuance of bonds that revenues received during the period of construction and for a period of one year after completion thereof may be used for the payment during such periods of costs and expenses of the department, including interest due and payable, incurred in performing the duties prescribed in this part.

article: 3. Revenue Fund


text: The proceedings authorizing the issuance of bonds may provide for the setting up of a reserve fund or funds out of the revenues not needed for the payment of operation, maintenance, and replacements, and not needed for the payment of principal and interest as they currently mature, and may provide for the preservation and continuance of such reserve fund or funds in the manner provided in the proceedings.

article: 4. Reserve Funds

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 9. Finances > 4. Reserve Funds


text: Any proceedings authorizing the issuance of bonds and providing for the setting up of a reserve fund may also require the immediate application of all surplus money in the revenue fund to the retirement of such bonds prior to maturity, by call or purchase, in such manner and upon such terms and the payment of such premiums as may be deemed advisable in the judgment of the department.

article: 4. Reserve Funds


text: The money remaining in the revenue fund after providing the amount required for interest and redemption of bonds as provided in this article shall be held and applied as provided in the proceedings authorizing the issuance of the bonds.

article: 4. Reserve Funds


text: Warrants for payments to be made on account of bonds shall be drawn by the State Controller upon request of the State Treasurer whenever the drawing of warrants is required in order to make the payments.

article: 5. Warrants

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 9. Finances > 5. Warrants


text: All money in the construction fund not required to meet preconstruction, acquisition, or construction costs and expenses, or interest thereon, of the project, or unit thereof, for which bonds were issued and sold, and all funds constituting surplus revenues which are not immediately needed for the particular object or purpose to which they are required to be applied or are pledged shall be invested in bonds and obligations eligible for investment of surplus State money.

article: 6. Investment and Use of Surplus Money

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 9. Finances > 6. Investment and Use of Surplus Money


text: The department may provide in the proceedings authorizing the issuance of bonds that the investment of surplus money shall be made only in particular bonds and obligations within the classifications eligible for such investment and such provisions shall thereupon be binding upon the department and all officials having anything to do with such investment.

article: 6. Investment and Use of Surplus Money


text: If the proceedings authorizing the issuance of bonds do not require surplus revenues to be held or applied in any particular manner, they shall be allocated and used for such other purposes incidental to the construction, operation, and maintenance of the project and for making necessary replacements thereto as the department may determine.

article: 6. Investment and Use of Surplus Money


text: When any of the works authorized by this part are being constructed by the department, the department may carry or cause to be carried such an amount of insurance or indemnity bonds as protection against loss or damage as the department deems proper.

article: 7. Insurance and Indemnity Bonds

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 9. Finances > 7. Insurance and Indemnity Bonds


text: The department may carry insurance to cover any accident or destruction in part or in whole to any works until all bonds and interest thereon have been fully redeemed and paid.

article: 7. Insurance and Indemnity Bonds


text: All money collected on any indemnity bond or insurance policy as the result of any damage or injury to any works shall be used for the purpose of repairing or rebuilding the works, as long as there are bonds outstanding.

article: 7. Insurance and Indemnity Bonds


text: The department may carry insurance or indemnity bonds insuring against the loss of revenues to be derived from the project by reason of any interruption in the use of the project, or any part thereof, from any cause whatever, and the proceeds of such insurance or indemnity bonds shall be paid into the fund into which the revenues are required to be paid and shall be applied to the same purposes and in the same manner as other moneys in the fund.

article: 7. Insurance and Indemnity Bonds


text: Insurance or indemnity bonds against loss of revenues may be in an amount equal to the probable revenues to be received from the use and operation of the project during any period of time that is determined upon and fixed by the department, and shall be paid for out of the revenue fund.

article: 7. Insurance and Indemnity Bonds


text: The department may provide in the proceedings authorizing the issuance of bonds for the carrying of insurance as authorized by this part, and the purchase and carrying of such insurance shall thereupon be obligatory upon the department and be paid for out of the revenue fund.

article: 7. Insurance and Indemnity Bonds


text:
The Legislature finds and declares it to be necessary for the general public health and welfare that preservation of fish and wildlife be provided for in connection with the construction of state water projects.

The Legislature further finds and declares it to be necessary for the general public health and welfare that facilities for the storage, conservation or regulation of water be constructed in a manner consistent with the full utilization of their potential for the enhancement of fish and wildlife and to meet recreational needs; and further finds and declares that the providing for the enhancement of fish and wildlife and for recreation in connection with water storage, conservation, or regulation facilities benefits all of the people of California and that the project construction costs attributable to such enhancement of fish and wildlife and recreation features should be borne by them.

The Legislature further finds and declares it to be the policy of this State that recreation and the enhancement of fish and wildlife resources are among the purposes of state water projects; that the acquisition of real property for such purposes be planned and initiated concurrently with and as a part of the land acquisition program for other purposes of state water projects; and that facilities for such purposes be ready and available for public use when each state water project having a potential for such uses is completed.

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

article: 1. State Policy

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 10. Fish and Wildlife and Recreation in Connection With State Water Projects > 1. State Policy


text:
It is the purpose of this chapter to provide for the planning and construction of water storage, conservation, and regulation facilities and associated fish and wildlife and recreation features consistent with this declaration and to make provision for funds therefor on a continuing basis, and to provide for the operation and maintenance of such fish and wildlife and recreation features.

In enacting this chapter, however, it is not the intent of the Legislature to diminish any existing powers of the Department of Water Resources, the Department of Parks and Recreation, or the Department of Fish and Game, but rather to provide specifically for the preservation and enhancement of fish and wildlife resources and for a system of public recreation facilities at state water projects as part of a coordinated plan for multipurpose use of these projects.

history: (History: Amended by Stats. 1965, Ch. 93.)

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

article: 1. State Policy


text: As used in this chapter, “project” means any physical structure to provide for the conservation, storage, regulation, transportation, or use of water, constructed by the State itself or by the State in co-operation with the United States.

article: 2. Definitions

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 10. Fish and Wildlife and Recreation in Connection With State Water Projects > 2. Definitions


text: The provision of this chapter shall apply to the Central Valley Project and every other project constructed by the State itself or by the State in co-operation with the United States, including, but not limited to, the State Water Resources Development System.

article: 3. Application

path: 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES > 10. Fish and Wildlife and Recreation in Connection With State Water Projects > 3. Application


text: There shall be incorporated in the planning and construction of each project those features (including, but not limited to, additional storage capacity) that the department, after giving full consideration to any recommendations which may be made by the Department of Fish and Game, the Department of Parks and Recreation, any federal agency, and any local governmental agency with jurisdiction over the area involved, determines necessary or desirable for the preservation of fish and wildlife, and necessary or desirable to permit, on a year-round basis, full utilization of the project for the enhancement of fish and wildlife and for recreational purposes to the extent that those features are consistent with other uses of the project, if any. It is the intent of the Legislature that there shall be full and close coordination of all planning for the preservation and enhancement of fish and wildlife and for recreation in connection with state water projects by and between the Department of Water Resources, the Department of Parks and Recreation, the Department of Fish and Wildlife, and all appropriate federal and local agencies.

history: (History: Amended by Stats. 2013, Ch. 352, Sec. 529. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)

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: In furtherance of the policies specified in Section 11910, the Department of Fish and Wildlife, the Department of Parks and Recreation, and other governmental agencies shall submit their recommendations or comments on reconnaissance studies or feasibility reports of the Department of Water Resources relating to any project or feature of a project within 60 days following receipt of a formal request for review from the Department of Water Resources.

history: (History: Amended by Stats. 2013, Ch. 352, Sec. 530. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)

article: 4. Planning and Construction of Projects


text: Such recreational purposes include, but are not limited to, those recreational pursuits generally associated with the out-of-doors, such as camping, picnicking, fishing, hunting, water contact sports, boating, and sightseeing, and the associated facilities of campgrounds, picnic areas, water and sanitary facilities, parking areas, view points, boat launching ramps, and any others necessary to make project land and water areas available for use by the public.


text: The planning for public recreation use and fish and wildlife preservation and enhancement in connection with state water projects shall be a part of the general project formulation activities of the Department of Water Resources, in consultation and co-operation with the departments and agencies specified in Section 11910, through the advance planning stage, including, but not limited to, the development of data on benefits and costs, recreation land use planning, and the acquisition of land. In planning and constructing any project, the department shall, to the extent possible, acquire all lands and locate and construct, or cause to be constructed, the project and all works and features incidental to its construction in such a manner as to permit the use thereof for the preservation and enhancement of fish and wildlife and for recreational purposes upon completion of the project.


text: The department, in fixing and establishing prices, rates, and charges for water and power, shall include as a reimbursable cost of any state water project an amount sufficient to repay all costs incurred by the department, directly or by contract with other agencies, for the preservation of fish and wildlife and determined to be allocable to the costs of the project works constructed for the development of that water and power, or either. Costs incurred for the enhancement of fish and wildlife or for the development of public recreation shall not be included in the prices, rates, and charges for water and power, and shall be nonreimbursable costs.

history: (History: Amended by Stats. 2002, Ch. 664, Sec. 227. Effective January 1, 2003.)


text:
(a) The Legislature hereby declares its intent that, except as funds are provided pursuant to Section 11915, there shall be included in the budget for the department for each fiscal year, and in the Budget Act for each fiscal year, an appropriation from the General Fund of the funds necessary for enhancement of fish and wildlife and for recreation in connection with state water projects as provided in this chapter.

(b) Notwithstanding subdivision (a), 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 be reduced by the total of unreimbursed department costs incurred in the 1988–89 fiscal year and each succeeding fiscal year for enhancement of fish and wildlife and for recreation pursuant to this chapter. The reduction shall be contingent upon annual approval by the Legislature, in the Budget Act or other act, of the department’s allocation of those costs.

history: (History: Amended by Stats. 1989, Ch. 716, Sec. 2.)