citation: WAT § 8201

text:
(a) A local agency may prepare a local plan of flood protection in accordance with this chapter.

(b) A local plan of flood protection shall include all of the following:

(1) A strategy to meet the urban level of flood protection, including planning for residual flood risk, system resiliency, climate change, and rainwater and stormwater management.

(2) Identification of all types of flood hazards.

(3) Identification and risk assessment of the various facilities that provide flood protection for flood hazard areas, for current and future land uses.

(4) Identification of current and future flood corridors.

(5) Identification of needed improvements and costs of those improvements to the flood protection facilities that are necessary to meet flood protection standards.

(6) An emergency response and evacuation plan for flood-prone areas.

(7) A strategy to achieve multiple benefits, including flood protection, groundwater recharge, ecosystem health, and reduced maintenance costs over the long term.

(8) A long-term funding strategy for improvement and ongoing maintenance and operation of flood protection facilities.

(9) An update on the status of coordination with water suppliers on how the management of flood waters can bolster local water supplies.

(c) A local agency that is not a city or county that prepares a plan pursuant to this chapter shall consult with the cities and counties that have jurisdiction over the planning area to ensure that the local plan of flood protection is consistent with local general plans.

(d) Plans prepared pursuant to this chapter, within the Sacramento-San Joaquin Valley as defined by Section 9602, shall be consistent with the Central Valley Flood Protection Plan pursuant to Section 9612.

history: (History: Amended by Stats. 2022, Ch. 176, Sec. 1. (AB 1811) Effective January 1, 2023.)


kind: section

code: WAT

citation: WAT § 8300

text: The department may make examinations of lands subject to inundation and overflow by flood waters and of the waters causing the inundation or overflow and may make plans and estimates of the cost of works to regulate and control the flood waters.

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

division: 5. FLOOD CONTROL

path: 5. FLOOD CONTROL > 1. General Powers of Department of Water Resources


citation: WAT § 8301

text: Whenever the law provides for any drainage or improving or rectifying river channels or other work on any river or slough flowing into San Francisco Bay, San Pablo Bay, and Suisun Bay, or on the tide waters flowing into said bays, the management and control of the work is in the department, if no other agency is specified.

history: (History: Added by Stats. 1943, Ch. 369.)

chapter: 1. General Powers of Department of Water Resources


citation: WAT § 8302

text: The department shall have charge of all expenditures unless otherwise provided by law for all public works relating to general river and harbor improvements, including reclamation and drainage of lands.


citation: WAT § 8303

text: The department may purchase, construct and operate one or more dredges or any other needed appliances to promote or properly carry out the work of the department.


citation: WAT § 8304

text: The department may obtain or condemn any right-of-way necessary for any construction under this chapter.

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


citation: WAT § 8306

text:
(a) Notwithstanding any other provision of law, the department may provide meals and other necessary support to any person, including, but not limited to, an employee of the department, who is engaged in emergency flood fight activities on behalf of, or in cooperation with, the department.

(b) For the purposes of this section, “emergency flood fight activities” mean actions taken under emergency conditions to maintain flood control features, the failure of which threaten to destroy life, property, or resources.

history: (History: Added by Stats. 2007, Ch. 366, Sec. 5. Effective January 1, 2008. See identical section added by Stats. 2007, Ch. 368.)


citation: WAT § 8307

text:
(a) (1) A city or county may be required to contribute its fair and reasonable share of the property damage caused by a flood to the extent that the city or county has increased the state’s exposure to liability for property damage by unreasonably approving new development in a previously undeveloped area that is protected by a state flood control project.

(2) However, a city or county shall not be required to contribute if, after the amendments required by Sections 65302.9 and 65860.1 of the Government Code have become effective, the city or county complies with Sections 65865.5, 65962, and 66474.5 of the Government Code as applicable with respect to that development. This section shall not be construed to extend or toll the statute of limitations for challenging the approval of any new development.

(b) A city or county is not required to contribute unless an action has been filed against the state asserting liability for property damage caused by a flood and the provisions of subdivision (a) providing for contribution have been satisfied. A city or county is not required to contribute if the state settles the claims against it without providing the city or county with an opportunity to participate in settlement negotiations.

(c) For the purposes of this section:

(1) “State flood control project” means any flood control works within the Sacramento River Flood Control Project described in Section 8350, and of flood control projects in the Sacramento River and San Joaquin River watersheds authorized pursuant to Article 2 (commencing with Section 12648) of Chapter 2 of Part 6 of Division 6.

(2) “Undeveloped area” means an area devoted to “agricultural use,” as defined in Section 51201 of the Government Code, or “open space land,” as defined in Section 65560 of the Government Code, that, as of January 1, 2008, is not already designated for development in a general or specific plan or by a local zoning ordinance.

(3) “Unreasonably approving” means approving a new development project without appropriately considering significant risks of flooding made known to the approving agency as of the time of approval and without taking reasonable and feasible action to mitigate the potential property damage to the new development resulting from a flood.

(4) “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.

(d) This section shall not apply to any land or projects for which an application for development has been submitted to the city or county prior to January 1, 2008.

history: (History: Amended by Stats. 2025, Ch. 777, Sec. 5. (SB 639) Effective January 1, 2026.)


citation: WAT § 8325

text:
The Legislature finds and declares the following:

(a) A large portion of the land resources of the state is subject to recurrent flooding causing loss of life and property, and there is a recognized public need in the state for flood insurance.

(b) The public interest will be served by state cooperation under a national flood insurance program, such as the National Flood Insurance Act of 1968 (Public Law 90-448; 82 Stat. 572).

history: (History: Added by Stats. 1969, Ch. 1115.)

path: 5. FLOOD CONTROL > 2. Cooperation in National Flood Insurance Program


citation: WAT § 8326

text:
For the purpose of providing state cooperation under a national flood insurance program, the department may:

(a) Cooperate with the United States in carrying out studies and investigations with respect to the adequacy of local measures in flood-prone areas as to land management and use, flood control, flood zoning, and flood damage prevention.

(b) Review and comment upon applications of local public agencies to the United States for making flood insurance available in specific areas.

(c) Provide assistance to local public agencies by furnishing information on flood plains and in developing flood plain management plans.

chapter: 2. Cooperation in National Flood Insurance Program


citation: WAT § 8350

text: The approval and adoption, by and on behalf of the State of California, of the conditions, plans, construction, and mode of maintenance and operation of works within the Sacramento River Flood Control Project, set forth in Senate Committee Print, Seventy-fifth Congress, First Session, as authorized and approved by Act of Congress, Public No. 392, Seventy-fifth Congress, approved August 26, 1937, including the holding and saving the United States from damages due to construction works, are continued in effect.

article: 1. Adoption of Federal Policy

path: 5. FLOOD CONTROL > 3. Maintenance and Operation at Sacramento River Flood Control Project > 1. Adoption of Federal Policy


citation: WAT § 8360

text: On behalf of the State the department has supervisory powers over the maintenance and operation of the flood control works of the Sacramento River Flood Control Project.

path: 5. FLOOD CONTROL > 3. Maintenance and Operation at Sacramento River Flood Control Project > 2. Powers and Duties of Department of Water Resources


citation: WAT § 8361

text:
The department shall maintain and operate on behalf of the state the following units or portions of the works of the Sacramento River Flood Control Project, and the cost of maintenance and operation shall be defrayed by the state:

(a) The east levee of the Sutter Bypass north of Nelson Slough.

(b) The levees and channels of the Wadsworth Canal, Willow Slough Channel downstream from the Southern Pacific Railroad from Davis to Woodland except that portion of the north levee thereof lying within Reclamation District No. 2035, Putah Creek downstream from Winters, the intercepting canals draining into them, and all structures incidental thereto.

(c) The collecting canals, sumps, pumps, and structures of the drainage system of Project No. 6 east of the Sutter Bypass.

(d) The bypass channels of the Butte Slough Bypass, the Sutter Bypass, the Tisdale Bypass, the Yolo Bypass, and the Sacramento Bypass with all cuts, canals, bridges, dams, and other structures and improvements contained therein and in the borrow pits thereof.

(e) The levees of the Sacramento Bypass.

(f) The channels and overflow channels of the Sacramento River and its tributaries and the major and minor tributaries’ flood control projects as authorized and defined in Sections 12648, 12648.1, and 12656.5.

(g) The Knights Landing ridge cut flowage area.

(h) The flood relief channels controlled by the Moulton and Colusa Weirs and the training levees thereof.

(i) The levee on the left bank of the Sacramento River adjoining Butte Basin, from the Butte Slough outfall gates upstream to a point four miles northerly from the Moulton Weir, after completion.

(j) All weirs and flood relief structures.

(k) The west levee of the Yolo Bypass, extending from the west end of the Fremont Weir southerly to the Cache Creek Settling Basin and from Willow Slough Channel to Putah Creek and the east levee of the Yolo Bypass from Fremont Weir southerly two miles.

(l) The levee on the west bank of Feather River extending a distance of about two miles southerly from the Sutter-Butte Canal headgate.

(m) The levees of Cache Creek and the easterly and westerly levees of Cache Creek Settling Basin; excepting the portion of the southerly levee of Cache Creek lying upstream from State Highway Route 7 (U.S. 99W).

(n) The flowage area of Western Pacific Intercepting Canal extending northerly for a distance of five miles from Bear River.

(o) The levees of Tisdale Bypass from Tisdale Weir 4.5 miles easterly to Sutter Bypass.

(p) The flood relief structures or weirs and other structures or facilities essential for their proper functioning in the vicinity of the Sacramento River between Big Chico Creek and the north boundary of Glenn County Levee District No. 3.

history: (History: Amended by Stats. 1987, Ch. 1090, Sec. 1. Effective September 24, 1987.)

chapter: 3. Maintenance and Operation at Sacramento River Flood Control Project

article: 2. Powers and Duties of Department of Water Resources


citation: WAT § 8362

text: The department may contribute funds to the United States and expend funds appropriated or otherwise available to provide all lands, easements, and rights of way for bank revetment for the protection of levees above Cache Slough and the levee reconstruction, including the costs of all alterations to highways, road crossings, and drainage and irrigation facilities incident to the work and the State’s contribution of one-third of the costs of bank revetment and levee construction, as provided for and required under the provisions of the Act of Congress, Public No. 392, Seventy-fifth Congress, approved August 26, 1937.


citation: WAT § 8370

text: It is the responsibility, liability and duty of the reclamation districts, levee districts, protection districts, drainage districts, municipalities, and other public agencies within the Sacramento River Flood Control Project limits, to maintain and operate the works of the project within the boundaries or jurisdiction of such agencies, excepting only those works enumerated in Section 8361 and those for which provision for maintenance and operation is made by Federal law.

path: 5. FLOOD CONTROL > 3. Maintenance and Operation at Sacramento River Flood Control Project > 3. Duties and Liabilities of Districts and Public Agencies


citation: WAT § 8371

text: The department shall, in connection with the flood control works of the Sacramento River Flood Control Project, make inspections and prepare reports which are required because of assurances given to the Secretary of the Army pursuant to Article 2 (commencing with Section 8615) of Chapter 3 of Part 4.

history: (History: Amended by Stats. 1982, Ch. 454, Sec. 185.)

article: 3. Duties and Liabilities of Districts and Public Agencies


citation: WAT § 8400

text: This chapter may be cited as the Cobey-Alquist Flood Plain Management Act.

history: (History: Added by Stats. 1965, Ch. 506.)

article: 1. Declaration of Policy

path: 5. FLOOD CONTROL > 4. Cobey-Alquist Flood Plain Management Act > 1. Declaration of Policy


citation: WAT § 8401

text:
The Legislature finds and declares that:

(a) A large portion of the state’s land resources is subject to recurrent flooding by overflow of streams and watercourses causing loss of life and property, disruption of commerce, and interruption of transportation and communications, all of which are detrimental to the health, safety, welfare, and property of the people of this state.

(b) The public interest necessitates sound development of land use, as land is a limited, valuable, and irreplaceable resource, and the flood plains of this state are a land resource to be developed in a manner which, in conjunction with economically justified structural measures for flood control, will result in (1) prevention of loss of life, and (2) prevention of economic loss caused by excessive flooding.

(c) The primary responsibility for planning, adoption, and enforcement of land use regulations to accomplish flood plain management rests with local levels of government.

(d) It is the policy of this state to encourage local levels of government to plan land use regulations to accomplish flood plain management and to provide state assistance and guidance therefor as appropriate.

chapter: 4. Cobey-Alquist Flood Plain Management Act

article: 1. Declaration of Policy


citation: WAT § 8402

text:
Unless the context otherwise requires, the following definitions apply throughout this chapter:

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

(b) “Board” means the State Reclamation Board.

(c) Wherever the words “department or board” or “department and board” are used together in this chapter they shall mean board as to any area within a project which by law is under the jurisdiction of the State Reclamation Board, and the department in all areas of the state outside these areas.

(d) “Public agency” means any city, city and county, county, or district organized, existing, and acting pursuant to the laws of this state.

(e) “Design flood” means the selected flood against which protection is provided, or eventually will be provided, by means of flood protective or control works. When a federal survey has been authorized the design flood will be determined by the appropriate federal agency and in all other cases it will be determined by the responsible local agency. It is the basis for design and operation of a particular project after full consideration of flood characteristics, frequencies, and potentials and economic and other practical considerations.

(f) “Designated floodway” means the channel of a stream and that portion of the adjoining flood plain required to reasonably provide for the construction of a project for passage of the design flood including the lands necessary for construction of project levees.

(g) “Restrictive zone” means the portion of the natural floodway between the limits of the designated floodway and the limits of the flood plain where inundation may occur but where depths and velocities are generally low.

article: 2. Definitions

path: 5. FLOOD CONTROL > 4. Cobey-Alquist Flood Plain Management Act > 2. Definitions


citation: WAT § 8403

text: Prior to the establishment by a public agency of flood plain management regulations, the public agency may request and receive a review by the department or the board of the public agency’s flood plain management plans and shall furnish with the request necessary hydrologic studies, including flood routings or surveys adequate to properly delineate flood plain categories together with such additional supporting data as the department or the board may require.

path: 5. FLOOD CONTROL > 4. Cobey-Alquist Flood Plain Management Act > 3. Review of Flood Plain Management Plans


citation: WAT § 8404

text: Where adequate personnel are not available to a public agency to prepare the necessary flood routing or other engineering data needed for support of its flood plain management plans, the department or board may, upon request of the public agency, make or cause to be made the necessary investigation and provide the data to the requesting public agency for its use in developing such plans. The cost of such investigations shall be borne by the public agency making the request.

article: 3. Review of Flood Plain Management Plans


citation: WAT § 8410

text:
Flood plain regulations established to comply with requirements of Section 8411 shall meet the following criteria:

(a) Construction of structures in the designated floodway which may endanger life or significantly restrict the carrying capacity of the designated floodway shall be prohibited. For the purpose of this subdivision, the word “structures” does not include public utility electric, gas, or communication lines which may be located within the designated floodway; provided, that any permit or permits as may be required by law, other than this chapter, to so locate such lines have been granted.

(b) Developments shall be permitted within the restrictive zone in accordance with local agency policy, giving full consideration to the protection of human life and the carrying capacity of the flood plain.

path: 5. FLOOD CONTROL > 4. Cobey-Alquist Flood Plain Management Act > 4. Establishment of Flood Plain Regulations


text: All public agencies shall comply with flood plain regulations established to meet the requirements of Section 8411. For the purposes of this section, “public agencies” includes the state or any department or agency thereof.

history: (History: Added by Stats. 1971, Ch. 410.)

article: 4. Establishment of Flood Plain Regulations


citation: WAT § 8411

text: Within any area classified “designated floodway” by the department or board after completion of a federal project report the appropriate public agency shall establish the necessary flood plain regulations within one year following notification by the department or board. The state shall not pay any of the cost of lands, easements, and rights-of-way associated with the flood control project as set forth in the project report of the federal agency unless flood plain regulations for the designated floodway are adopted in accordance with the requirements of this chapter.

history: (History: Amended by Stats. 1972, Ch. 1304, Sec. 1.)


citation: WAT § 8412

text: The department or board shall review the adequacy of flood plain regulations established by a public agency to meet the requirements of Section 8411, and shall notify the appropriate public agency in the event the flood plain regulations are determined by the department or board to be inadequate to comply with the requirements of Section 8411. The department or board may recommend any provisions necessary to provide adequate flood plain regulations. Any such public agency shall within 180 days of receipt of the notice from the department or board, adopt new flood plain regulations. Upon their adoption a copy of such flood plain regulations shall be sent to the department or board.

history: (History: Added by Stats. 1972, Ch. 1304.)


citation: WAT § 8413

text: Flood plain regulations adopted pursuant to Section 8412 shall take effect 60 days from the date of adoption by the public agency and shall be deemed to meet the requirements of Section 8411 unless the department or board determines that such flood plain regulations are not adequate to comply with the requirements of Section 8411. If the department or board makes such a determination, it shall so report to the public agency and shall recommend such regulations or modifications of the regulations of the agency, which it determines are necessary.


citation: WAT § 8414

text: If a public agency fails to adopt flood plain regulations pursuant to Section 8411, or fails to adopt new flood plain regulations within 180 days of receipt of the department’s or board’s notice pursuant to Section 8412, or fails to adopt or modify such regulations in the manner determined as necessary by the department or board pursuant to Section 8413 within 90 days of receipt of the department’s or board’s notice pursuant to Section 8413, the local flood control agency having jurisdiction over the project area may adopt flood plain regulations for the designated floodway necessary to comply with the requirements of Section 8411. Such flood plain regulations adopted by the local flood control agency shall take effect 30 days from the date of their adoption and shall be enforced by the public agency and have the same force and effect as if adopted as flood plain regulations by the public agency.


text: No public agency shall revise flood plain regulations established to meet the requirements of Section 8411 or shall grant a variance from such regulations without the consent of the department or board and of the local flood control agency having jurisdiction over the project area.


citation: WAT § 8415

text: The department and the board, within their respective jurisdictions as provided in this chapter, shall establish general policy and may prescribe such rules and regulations as may be necessary to carry out this chapter.

article: 5. Administrative Regulations

path: 5. FLOOD CONTROL > 4. Cobey-Alquist Flood Plain Management Act > 5. Administrative Regulations


citation: WAT § 8450

text:
The Legislature finds and declares as follows:

(a) Although the levees of flood control projects in this state have in the past been considered to be single-purpose, flood control features, many of these projects receive heavy nonlocal usage for recreation, transportation, and other purposes for which the retention and maintenance of vegetative cover is desirable.

(b) Construction and maintenance practices have been developed over the past several decades which were designed to minimize costs while still furnishing the required degree of flood control. These practices in many instances resulted in “bare” levees, devoid of any vegetative cover which might interfere with local maintenance, levee inspection, or flood fighting.

(c) Flood control project levees are increasingly recognized as valuable wildlife, recreational, scenic, and aesthetic resources, and construction and maintenance standards have been developed by the Army Corps of Engineers and the State of California which minimize vegetation removal and which encourage or require, as a condition of the project work, replanting and controlled vegetation maintenance on such levees as part of the responsibility of local flood control districts.

(d) Costs of maintaining vegetation on levees for such non-flood-control purposes as wildlife enhancement, recreation, and scenic beauty are approximately double those of normal flood-control-related maintenance, and nonlocal users are the prime beneficiaries. It is therefore appropriate that the general public participate in meeting such additional maintenance costs.

history: (History: Added by Stats. 1973, Ch. 995.)

path: 5. FLOOD CONTROL > 5. Maintenance Costs of Vegetation on Levees


citation: WAT § 8451

text: It is the intent of the Legislature, in providing for state participation in the additional costs attributable to the non-flood-control activities described in this chapter, that the Reclamation Board and the Department of Water Resources, in preparing rules and regulations to implement this chapter, provide that, in processing applications from flood control districts for state participation in such costs, highest priority be given to those districts in which factors, such as the size of the district, degree of nonlocal benefits, and level of non-flood-control maintenance costs which have been transferred to the district due to circumstances beyond their control, combine to work financial hardship on such districts.

chapter: 5. Maintenance Costs of Vegetation on Levees


citation: WAT § 8452

text: Wherever the words “department or the Reclamation Board” are used together in this chapter, they shall mean the Reclamation Board as to any flood control project levees under its jurisdiction and the Department of Water Resources as to all other flood control project levees.


citation: WAT § 8453

text: Notwithstanding any other provision of law to the contrary, it is the intention of the Legislature that the state shall pay 50 percent of the costs associated with the operation and maintenance of project facilities under the State Water Resources Law of 1945 which are directly attributable to the planting or retention of controlled vegetative cover for wildlife, recreational, scenic, and aesthetic purposes on project levees.


citation: WAT § 8454

text: Local agencies maintaining project facilities under the State Water Resources Law of 1945 shall be eligible for reimbursement pursuant to the provisions of this chapter if the cost of maintenance is increased by the planting or retention of vegetative cover on such levees, if the local agency agrees to maintain such vegetative cover on project levees as may be determined by the department or Reclamation Board, after consultation with any other affected state agencies, to be necessary for wildlife habitat, recreational, aesthetic, and scenic purposes.


citation: WAT § 8455

text: Local agencies entering into agreements with the state shall annually prepare a work program and estimate of cost for conducting any maintenance activities necessary to carry out the project maintenance and the purposes of this chapter and shall submit the proposed program and cost estimates to the department or the Reclamation Board for review. The department or the Reclamation Board shall review the proposed program and, after receiving the comments of any other affected state agencies, the department or the Reclamation Board shall certify for reimbursement 50 percent of those costs which are found to be attributable to the maintenance of vegetative cover for wildlife, recreational, aesthetic, and scenic purposes, and may allocate funds appropriated for these purposes to local agencies which have entered into agreements with the state pursuant to this chapter.


citation: WAT § 8456

text: Administrative costs incurred by the department or the Reclamation Board under this chapter in any fiscal year shall not exceed 10 percent of the annual cost of the program established by this chapter.


citation: WAT § 8457

text: State expenditures for the purposes of this chapter shall not exceed the amount of two hundred thousand dollars ($200,000) per year.


citation: WAT § 8500

text: The “Sacramento and San Joaquin Drainage District” is continued in existence.

chapter: 1. Creation and Boundaries

path: 5. FLOOD CONTROL > 1. Creation and Boundaries


citation: WAT § 8501

text: The boundaries of the district are set forth and described in Chapter 170, Statutes and Amendments to the Codes, California, 1913, and the description is hereby incorporated herein by reference as there set out.


citation: WAT § 8502

text: The management and control of the district are vested in the Central Valley Flood Protection Board.

history: (History: Amended by Stats. 2009, Ch. 275, Sec. 2. (AB 1165) Effective January 1, 2010.)


citation: WAT § 8503

text: The district is a body corporate and politic and may sue and be sued.


citation: WAT § 8504

text: The district may acquire, own, hold, use, and enjoy any and all properties necessary for the purposes of the district.


citation: WAT § 8510

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

(a) The Yolo Bypass is a 59,000-acre flood control facility located in the Counties of Yolo and Solano that absorbs excess flood waters from the Sacramento River and conveys the waters 40 miles south into the Sacramento-San Joaquin Delta.

(b) Authorized by Congress in 1917 and built by the United States Army Corps of Engineers in the 1920s, the Yolo Bypass provides critical flood protection to over 650,000 people, several small communities, important agricultural land, and over sixty billion dollars ($60,000,000,000) in public and private assets.

(c) Agriculture, recreation, and wildlife thrive within the Yolo Bypass, exemplified by the state-owned Yolo Bypass Wildlife Area, which supports wildlife-friendly rice cultivation and livestock grazing, managed wetlands for migratory waterfowl, nature education opportunities for the region’s schools, nature viewing, and hunting.

(d) Cache Slough is located primarily within the County of Solano, intersecting with the southern portion of the Yolo Bypass. Cache Slough supports remnant tidal habitat where restoration of natural conditions could benefit delta smelt and other native aquatic species. Cache Slough is also a regionally significant agricultural area where the location of multiple-benefit projects could affect the operations and maintenance practices of agricultural diverters and core flood control and levee maintenance responsibilities of reclamation districts within the Cache Slough Complex.

(e) The North Bay Aqueduct portion of the State Water Project delivers source water directly from the Cache Slough Complex to over 500,000 residents in the Counties of Napa and Solano. Opportunities for multiple-benefit projects must consider impacts to municipal water supply and water quality.

(f) Together, the Yolo Bypass and Cache Slough region presents unparalleled opportunities for multiple-benefit projects that improve flood protection, fisheries and wildlife habitat, water supply and water quality, agricultural sustainability, and recreational opportunities. As such, the Yolo Bypass and Cache Slough region is the focus of an increasing number of federal, state, and locally developed projects intended to improve these multiple public values.

(g) The numerous interests in this complex and important region present an opportunity and an imperative for governmental agencies at the federal, state, and local levels to collaboratively align planning efforts and project implementation.

(h) In May 2016, a total of 15 federal, state, and local agencies signed a memorandum of understanding outlining principles necessary to achieve a common vision for the Yolo Bypass and Cache Slough region. The resulting Yolo Bypass Cache Slough Partnership serves as a model for public agency cooperation and achievement.

history: (History: Added by Stats. 2021, Ch. 275, Sec. 1. (SB 369) Effective January 1, 2022.)

path: 5. FLOOD CONTROL > 1. Creation and Boundaries > 3.5. Yolo Bypass Cache Slough Partnership Multibenefit Program


citation: WAT § 8511

text:
For purposes of this part, the following definitions apply:

(a) “Yolo Bypass Cache Slough Partnership” means the multiagency partnership established pursuant to a memorandum of understanding signed in May 2016 by all of the following public agencies:

(1) United States Bureau of Reclamation.

(2) United States Fish and Wildlife Service.

(3) National Marine Fisheries Service.

(4) United States Army Corps of Engineers.

(5) County of Yolo.

(6) County of Solano.

(7) Sacramento Area Flood Control Agency.

(8) Solano County Water Agency.

(9) Reclamation District No. 2068.

(10) Natural Resources Agency.

(11) Department of Water Resources.

(12) Department of Fish and Wildlife.

(13) Central Valley Flood Protection Board.

(14) State Water Resources Control Board.

(15) Central Valley Regional Water Quality Control Board.

(b) “Yolo Bypass Cache Slough Partnership Multibenefit Program” means the program established pursuant to Section 8512.

part: 3.5. Yolo Bypass Cache Slough Partnership Multibenefit Program


citation: WAT § 8512

text:
The Yolo Bypass Cache Slough Partnership Multibenefit Program is hereby established to support the development and implementation of projects within the Yolo Bypass and Cache Slough region. The participating state agencies enumerated in subdivision (a) of Section 8511 shall work in collaboration with the participating federal and local agencies enumerated in subdivision (a) of Section 8511 and the City of West Sacramento, if it chooses to participate, to advance all of the following objectives:

(a) Prioritize projects that accommodate multiple objectives in the Yolo Bypass and Cache Slough region.

(b) Identify project implementation challenges and work collaboratively to resolve those challenges.

(c) Develop programmatic and expedited approaches for regulatory compliance.

(d) Identify funding mechanisms for project implementation and long-term operations and maintenance.

(e) Develop strategies to foster regional agricultural sustainability, recreational opportunities, and long-term water supply reliability.


citation: WAT § 8520

text: Unless the context otherwise requires the definitions hereinafter set forth shall govern the construction of this part of this division of this code.

chapter: 1. Definitions and General Provisions

article: 1. Definitions

path: 5. FLOOD CONTROL > 1. Definitions and General Provisions > 1. Definitions


citation: WAT § 8521

text: “Board” means the Central Valley Flood Protection Board. Any reference to the Reclamation Board in this or any other code means the Central Valley Flood Protection Board.

history: (History: Amended by Stats. 2007, Ch. 366, Sec. 7. Effective January 1, 2008.)

article: 1. Definitions


citation: WAT § 8522

text: “Drainage district” means the Sacramento and San Joaquin Drainage District.

article: 1. Definitions


text: “Facilities of the State Plan of Flood Control” has the same meaning as that set forth in subdivision (e) of Section 5096.805 of the Public Resources Code.

history: (History: Amended (as added by Stats. 2007, Ch. 366) by Stats. 2009, Ch. 275, Sec. 4. (AB 1165) Effective January 1, 2010.)

article: 1. Definitions


text: “Project levee” has the same meaning as that set forth in subdivision (g) of Section 5096.805 of the Public Resources Code.

history: (History: Amended (as added by Stats. 2007, Ch. 366) by Stats. 2009, Ch. 275, Sec. 6. (AB 1165) Effective January 1, 2010.)

article: 1. Definitions


citation: WAT § 8523

text: “State Plan of Flood Control” has the same meaning as that set forth in subdivision (j) of Section 5096.805 of the Public Resources Code.

history: (History: Amended (as added by Stats. 2007, Ch. 366) by Stats. 2009, Ch. 275, Sec. 8. (AB 1165) Effective January 1, 2010.)

article: 1. Definitions


citation: WAT § 8525

text: The report of the California Debris Commission transmitted to the Speaker of the House of Representatives of the United States by the Secretary of War on June 27, 1911, as modified by the report of the California Debris Commission, dated January 5, 1925, and as heretofore amended or modified by the board, is approved as a plan for controlling the flood water of the Sacramento and San Joaquin Rivers and their tributaries, for the improvement and preservation of navigation and the reclamation and protection of lands that are susceptible to overflow from the rivers and their tributaries.

history: (History: Added by Stats. 1943, Ch. 369.)

article: 2. General Provisions

path: 5. FLOOD CONTROL > 1. Definitions and General Provisions > 2. General Provisions


citation: WAT § 8526

text: The board in conjunction with the California Debris Commission shall execute the plan approved by this chapter, and the board may make such modifications and amendments to the plan as are necessary to execute the plan for the purpose stated.

article: 2. General Provisions


citation: WAT § 8527

text: For the purpose of cooperating in the carrying out and completion of the plan approved in Section 8525, and on condition that the United States will likewise cooperate in the carrying out of the plan and, to that end, will appropriate and make available to the extent that it has not already done so, substantially the same amount as the State as recommended in the plan, appropriations will be made by the State from time to time by law, which, together with amounts heretofore appropriated by the State in aid of the plan, will not exceed in the aggregate seventeen million seven hundred thousand dollars ($17,700,000).

article: 2. General Provisions


citation: WAT § 8528

text: The intent of the next preceding section is to provide for substantially equal contributions by the United States, the State and local interests to the total cost of carrying out the plan, it being recognized that certain local interests have become obligated in excess of one-third of the total cost of the plan.

article: 2. General Provisions


citation: WAT § 8529

text: All money appropriated under authority of Section 8527 shall be expended in accordance with the plans, specifications and recommendations of the California Debris Commission and the board for purposes in general conformity with the plan approved in Section 8525, including expenditures and appropriations to make such equitable adjustments as the Legislature may determine with such local interests as have obligated themselves in excess of their shares of one-third of the total cost of the plan, and including necessary expenditures for operation and maintenance during construction.

article: 2. General Provisions


citation: WAT § 8530

text:
The board shall have control and jurisdiction over the plans of the California Debris Commission and such other plans as may be adopted by the board, excepting such portions of the plans as relate to channel excavating, enlargement, rectification and control in the Sacramento River and the construction of weirs.

All work and control in the Sacramento River and the construction of weirs shall remain concurrently with the United States and the State.

article: 2. General Provisions


citation: WAT § 8531

text:
The Statutes of California as existing on April 1, 1923, shall be observed and followed:

(a) In all plans, hearings, notices and proceedings relating to the maintenance, repair and operation of reclamation and flood control works existing on April 1, 1923.

(b) In the completion, maintenance and operation of any project adopted by the board prior to April 1, 1923.

(c) In the adoption and carrying to completion of any project of work contained or involved in the report of the California Debris Commission dated January 5, 1925.

article: 2. General Provisions


citation: WAT § 8532

text: The State has a primary interest in adequately protecting lands overflowed, or subject to overflow, in confining the waters of rivers, tributaries, by-passes and overflow channels and basins within their respective basins and boundaries within the district, and in preserving the welfare of the residents and holders of land therein.

article: 2. General Provisions


citation: WAT § 8533

text: The State has a primary and supreme interest in having erected, maintained and protected on the banks of the Sacramento and San Joaquin Rivers, their tributaries, by-passes, overflow channels and basins, good and sufficient levees and embankments or other works of reclamation, adequately protecting the lands overflowed or subject to overflow, and confining the waters of the rivers, tributaries, by-passes, overflow channels, and basins within their respective channels and boundaries.

history: (History: Added by stats. 1943, Ch. 369.)

article: 2. General Provisions


citation: WAT § 8534

text: The board at all times shall enforce on behalf of the State the erection, maintenance and protection of such levees, embankments and channel rectification as will, in its judgment, best serve the interests of the State.

article: 2. General Provisions


citation: WAT § 8535

text: Consistent with Section 3 of Article XIII A of the California Constitution, the board, after holding at least one public hearing, may set and charge fees sufficient to cover the reasonable cost for the services it provides in carrying out its duties set forth in Sections 8502 and 8534, including, but not limited to, the issuance of and modifications to encroachment permits, inspections and enforcement of encroachments, and management and control of Sacramento and San Joaquin Drainage District property.

history: (History: Added by Stats. 2017, Ch. 26, Sec. 95. (SB 92) Effective June 27, 2017.)

article: 2. General Provisions


citation: WAT § 8536

text: The board has no power, jurisdiction, authority or control over the construction, operation or maintenance of the Central Valley Project or any part of it.

article: 2. General Provisions


citation: WAT § 8538

text: No county or public officer shall charge or receive any fee for any of the services required to be performed by him under the provisions of this part, but any reasonable and necessary expense actually incurred by any officer in carrying out any of the provisions of this part relating in any manner to the collection or enforcement of any assessment, shall be paid out of the funds of the drainage district applicable thereto.

article: 2. General Provisions


citation: WAT § 8539

text:
The Legislature hereby finds and declares that there is an urgent need for channel clearing and desnagging in many California waterways, and that these snags pose a severe danger and cause unnecessary erosion of banks.

The board, other state agencies, cities, counties, and districts are hereby authorized to cooperate with one another and with agencies of the United States in the performance of channel clearing and desnagging work within the Sacramento and San Joaquin Rivers and their tributaries, and may furnish money, services, equipment, and other property to that end. The board, as appropriate, shall consult with the Department of Water Resources, the State Lands Commission, and the Department of Fish and Game in carrying out its responsibilities pursuant to this section.

history: (History: Added by Stats. 1982, Ch. 795, Sec. 1. Effective September 8, 1982.)

article: 2. General Provisions


citation: WAT § 8550

text:
(a) The board is continued in existence and shall continue to exercise and have all of its powers, duties, purposes, responsibilities, and jurisdiction.

(b) Notwithstanding any other provision of law, the board shall act independently of the department. The department shall not overturn any action or decision by the board.

(c) It is the intent of the Legislature to transfer the duties and corresponding funding allocated to the Reclamation Board as it exists on December 31, 2007, together with all necessary positions, to the board as it is reconstituted on and after January 1, 2008.

history: (History: Amended by Stats. 2007, Ch. 366, Sec. 11. Effective January 1, 2008.)

chapter: 2. Administrative Provisions

article: 1. The Board

path: 5. FLOOD CONTROL > 2. Administrative Provisions > 1. The Board


citation: WAT § 8551

text:
(a) Except as provided in subdivision (g), the board consists of nine members who shall be appointed in accordance with this section.

(b) (1) Seven members of the board shall be appointed by the Governor, subject to Senate confirmation.

(2) Of the members appointed pursuant to paragraph (1), the following requirements apply:

(A) One person shall be an engineer.

(B) One person shall have training, experience, and expertise in geology or hydrology.

(C) One person shall be a flood control expert with not less than five years’ experience.

(D) One person shall be an attorney with water experience.

(E) Three persons shall be public members.

(c) One member of the board shall be the Chair of the Senate Committee on Natural Resources and Water, to the extent that service with the board does not conflict with his or her legislative duties.

(d) One member of the board shall be the Chair of the Assembly Committee on Water, Parks and Wildlife, to the extent that service with the board does not conflict with his or her legislative duties.

(e) The members appointed pursuant to subdivisions (c) and (d) shall be nonvoting ex officio members.

(f) (1) Except as provided in paragraph (2), the board members appointed pursuant to subdivision (b) shall serve four-year terms.

(2) The board members initially appointed pursuant to this section shall determine, by lot, that five members shall serve four-year terms and four members shall serve two-year terms.

(g) Each board member holding office on December 31, 2007, shall continue to serve until his or her successor is appointed and has been qualified to hold office. The order of replacement shall be determined by lot.

history: (History: Amended by Stats. 2007, Ch. 366, Sec. 12. Effective January 1, 2008.)

article: 1. The Board


citation: WAT § 8552

text:
Each member of the board appointed pursuant to subdivision (b) of Section 8551 shall receive compensation as follows:

(a) Each member shall receive the necessary expenses incurred by the member in the performance of official duties.

(b) Any member traveling outside the state pursuant to authorization of the board, and the approval of the Governor and Director of Finance as provided by Section 11032 of the Government Code, while so engaged shall receive per diem and his or her necessary expenses.

(c) Each member shall receive the salary provided for in Section 11564 of the Government Code.

history: (History: Amended by Stats. 2007, Ch. 366, Sec. 13. Effective January 1, 2008.)

article: 1. The Board


citation: WAT § 8554

text: The Governor shall select one of the members of the board as president.

history: (History: Amended by Stats. 2007, Ch. 366, Sec. 14. Effective January 1, 2008.)

article: 1. The Board


citation: WAT § 8555

text: The board may elect one of its members other than the president as vice president.

article: 1. The Board


citation: WAT § 8556

text:
The vice president shall have the powers and perform the duties of the president under the following circumstances:

(a) During the president’s absence or inability to act.

(b) At the request of the president.

(c) When authorized by the board.

article: 1. The Board


citation: WAT § 8557

text: The board shall have its office in the County of Sacramento. The office is the principal place of business and legal residence of the board and of the drainage district.

history: (History: Amended by Stats. 2004, Ch. 497, Sec. 4. Effective September 14, 2004.)

article: 1. The Board


citation: WAT § 8558

text: The regular meetings of the board shall be held at times fixed by the board.

article: 1. The Board


citation: WAT § 8559

text: A majority of the voting members of the board constitutes a quorum.

history: (History: Amended by Stats. 2009, Ch. 275, Sec. 9. (AB 1165) Effective January 1, 2010.)

article: 1. The Board


citation: WAT § 8560

text: No action of the board shall be effective unless a quorum is present and the action is concurred in by a majority of all of the voting members of the board.

history: (History: Amended by Stats. 2009, Ch. 275, Sec. 10. (AB 1165) Effective January 1, 2010.)

article: 1. The Board


citation: WAT § 8561

text: Special meetings of the board may be called at any time by the president or by a majority of the members upon notice given by mail or telegraph to each member at his place of residence or business, and there received at least 12 hours before the hour fixed for the meeting.

article: 1. The Board


citation: WAT § 8563

text: The board shall keep full and correct minutes of all proceedings and transactions of all meetings of the board.

article: 1. The Board


citation: WAT § 8564

text: The minutes shall be open for public inspection during office hours.

article: 1. The Board


citation: WAT § 8565

text: The board shall have a seal of such device as the board may adopt.

article: 1. The Board


citation: WAT § 8566

text: The seal of the board is also the seal of the drainage district.

article: 1. The Board


citation: WAT § 8567

text: A copy of any record of the board, certified by its secretary or assistant secretary to be a true copy, and attested by the seal of the board, is prima facie evidence of the existence and contents of the record.

article: 1. The Board


citation: WAT § 8568

text: For making a copy of any of its records the board may charge and collect the actual reasonable cost of making the copy, including the time of its employees and materials used, and one dollar ($1) for the certificate if a certified copy is requested.

article: 1. The Board


citation: WAT § 8569

text: The board may require a deposit in advance sufficient to cover the charges for copying and certifying copies of its records.

article: 1. The Board


citation: WAT § 8570

text: All money collected for copying and certifying copies of the board’s records shall be paid monthly to the State Treasurer and credited to the balance remaining unexpended of any appropriation or assessment available for the general administrative expenses of the board.

article: 1. The Board


citation: WAT § 8571

text: The board may adopt, amend or repeal rules to promote the convenient, orderly and just conduct of the business of the board and of the drainage district.

article: 1. The Board


citation: WAT § 8572

text: The rules may be suspended or compliance therewith may be waived by the board at any meeting to such extent as may be deemed proper.

article: 1. The Board


citation: WAT § 8575

text: A member of the board shall comply with the conflict of interest requirements of Section 87100 of the Government Code when voting to carry out any part of a plan of flood control and when carrying out the objects of this part.

history: (History: Amended by Stats. 2007, Ch. 366, Sec. 15. Effective January 1, 2008.)

article: 1. The Board


citation: WAT § 8576

text: No member of the board shall be held personally liable on any obligation or liability of any kind or character arising out of the claim that he has failed to carry out any obligation imposed upon the board by this division and the Legislature expressly declares that discretion is vested in the board and the members thereof to determine how and when the various provisions of this division and the projects contemplated in this division with which the board is concerned may best be carried into effect.

article: 1. The Board


citation: WAT § 8577

text:
(a) A board member shall not participate in any board action or attempt to influence any decision or recommendation by any employee of, or consultant to, the board that involves himself or herself or that involves any entity with which the member is connected as a director, officer, consultant, or full- or part-time employee, or in which the member has a direct personal financial interest within the meaning of Section 87100 of the Government Code.

(b) A board member shall not participate in any proceeding before any agency as a consultant or in any other capacity on behalf of any person that actively participates in matters before the board.

(c) For a period of 12 months after leaving office, a former board member shall not act as agent or attorney for, or otherwise represent, any other person before the board by making any formal or informal appearance or by making any oral or written communication to the board.

(d) A board member shall not advocate to the United States Army Corps of Engineers or other federal agency on behalf of any project that has been or is reasonably anticipated to be submitted to the board for review, unless the board authorizes that action in accordance with Section 8560.

history: (History: Added by Stats. 2007, Ch. 366, Sec. 16. Effective January 1, 2008.)

article: 1. The Board


citation: WAT § 8578

text:
(a) For the purposes of this section, “ex parte communication” means any oral or written communication outside of a noticed board meeting concerning matters, other than purely procedural matters, regarding any of the following:

(1) An application that has been submitted to the board and has been determined to be complete by the executive officer.

(2) An enforcement action.

(3) Any other quasi-judicial matter requiring board action, after the matter has been placed on the board’s agenda and notice of the meeting has been provided pursuant to Section 11125 of the Government Code.

(b) (1) A board member appointed pursuant to subdivision (b) of Section 8551 shall not participate in an ex parte communication with any person or organization with an interest in board decisions, nor any person representing a person or organization with an interest in board decisions, excluding a staff member of the board acting in his or her official capacity, who intends to influence the decision of a board member on a matter before the board.

(2) If an ex parte communication occurs, the board member shall notify the interested party that a full disclosure of the ex parte communication shall be entered in the board’s record.

(3) Communications cease to be ex parte communications when the board member or the person who engaged in the communication with the board member fully discloses the communication and requests in writing that it be placed in the board’s official record of the proceeding.

(c) Notwithstanding Section 11425.10 of the Government Code, the ex parte communications provisions of the Administrative Procedure Act (Article 7 (commencing with Section 11430.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) do not apply to proceedings of the board to which this section applies.

history: (History: Amended (as added by Stats. 2007, Ch. 366) by Stats. 2009, Ch. 275, Sec. 14. (AB 1165) Effective January 1, 2010.)

article: 1. The Board


citation: WAT § 8579

text:
(a) Any aggrieved person shall have a right to seek judicial review of any permit or enforcement order issued by the board by filing a petition for a writ of mandate in accordance with Section 1094.5 of the Code of Civil Procedure, within 30 days after the decision or action has become final.

(b) For purposes of this section, an “aggrieved person” means any person or public agency that, in person or through a representative, appeared at a public hearing of the board in connection with the decision or action appealed, or that, by other appropriate means before the decision, informed the board of the nature of their concerns.

history: (History: Added by Stats. 2013, Ch. 639, Sec. 1. (SB 753) Effective January 1, 2014.)

article: 1. The Board


citation: WAT § 8580

text:
(a) The board may appoint an executive officer.

(b) The board may appoint a chief engineer.

(c) The board may employ legal counsel and other necessary staff.

history: (History: Repealed and added by Stats. 2007, Ch. 366, Sec. 19. Effective January 1, 2008.)

article: 2. Employees

path: 5. FLOOD CONTROL > 2. Administrative Provisions > 2. Employees


citation: WAT § 8585

text: The president, any member of the board, the secretary, assistant secretary, general manager and chief engineer may administer oaths and take and certify affidavits relating to any matter pending before the board, or in which the board or the drainage district is interested.

article: 3. Administration of Oaths

path: 5. FLOOD CONTROL > 2. Administrative Provisions > 3. Administration of Oaths


citation: WAT § 8590

text:
To carry out the primary state interest described in Section 8532, the board may do any of the following:

(a) Acquire either within or outside the boundaries of the drainage district, by purchase, condemnation or by other lawful means in the name of the drainage district, all lands, rights-of-way, easements, property or material necessary or requisite for the purpose of bypasses, weirs, cuts, canals, sumps, levees, overflow channels and basins, reservoirs and other flood control works, and other necessary purposes, including drainage purposes.

(b) Construct, clear, and maintain bypasses, levees, canals, sumps, overflow channels and basins, reservoirs and other flood control works.

(c) Construct, maintain, and operate ditches, canals, pumping plants, and other drainage works.

(d) Make contracts in the name of the drainage district to indemnify or compensate any owner of land or other property for any injury or damage caused by the exercise of the powers conferred by this division, or arising out of the use, taking, or damage of any property for any of the purposes of this division.

(e) Collaborate with state and federal agencies, if appropriate, regarding multiobjective flood management strategies that incorporate agricultural conservation, ecosystem protection and restoration, or recreational components.

history: (History: Amended by Stats. 2007, Ch. 366, Sec. 20. Effective January 1, 2008.)

chapter: 3. Powers, Duties and Jurisdiction

article: 1. General Powers

path: 5. FLOOD CONTROL > 3. Powers, Duties and Jurisdiction > 1. General Powers


text:
In acquiring interests in land necessary for the purposes specified in Section 8590 and notwithstanding the provisions of Section 8676, the board in determining whether to acquire in fee or easement may consider such additional uses as fish and wildlife enhancement and recreation if so requested by another state agency. Any such parcel acquired in fee shall be subject to the continuing jurisdiction of the board to insure that the primary purposes of flood control are served and to prevent any damage or interference with the flood control works for any public nuisances arising out of such additional uses and any increased costs of maintenance attributable to such additional uses shall be borne by the agency requesting such uses.

Nothing in this section shall be construed as authorizing the board to acquire any land over and above that necessary for the purposes specified in Section 8590.

history: (History: Added by Stats. 1963, Ch. 1900.)

article: 1. General Powers


citation: WAT § 8591

text: The board has no power, authority, or jurisdiction, either directly or indirectly, except as provided in this division, to incur any indebtedness or expend any money or adopt or carry into effect any plan or project or to acquire any lands, rights of way, or easements, or to do any work, or cause any work to be performed, for which any land lying within the drainage district is to be assessed, except to maintain, repair, and operate its existing works of reclamation and flood control and to complete, maintain and operate any project adopted by the board prior to April 1, 1923, with the existing powers to levy assessments therefor.

history: (History: Added by Stats. 1943, Ch. 369.)

article: 1. General Powers


citation: WAT § 8592

text: The board has the same power, authority and jurisdiction in reference to the adoption and carrying to completion of any work or project involved in or contained in the report of the California Debris Commission dated January 5, 1925, to the Congress of the United States as are conferred in the case of projects adopted by the board prior to April 1, 1923.

article: 1. General Powers


citation: WAT § 8593

text: The board may acquire by eminent domain in the name of the drainage district any property necessary for any of the purposes set forth in this part.

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

article: 1. General Powers


citation: WAT § 8596

text: The board may maintain actions in the name of the people of the State to restrain, or to recover damages for, the doing of any act or thing that may be injurious to any of the works necessary to the plan of flood control or that may interfere with the successful execution of the plan.

article: 1. General Powers


citation: WAT § 8597

text: Any damages so recovered shall be deposited with the State Treasurer to the credit of the drainage district and the assessment for the particular portion or project affected by the injury.

article: 1. General Powers


citation: WAT § 8598

text:
The board may also do any of the following:

(a) Establish a standard of levee construction.

(b) Do any and all things necessary or incident to the powers granted or to carry out the objects specified in this article.

(c) Maintain actions in the name of the people of the State to restrain the diversion of the water of any stream that will increase the flow of water in the Sacramento or San Joaquin Rivers or their tributaries, and such diversion of the water of any stream into the rivers or either of them or any of their tributaries, is a public nuisance which may be prevented or abated by the board.

(d) Rent, lease for oil, gas or other hydrocarbons in the manner provided for in this chapter, or dispose, by sale, exchange, in payment for work done or services rendered, or for any other purpose which the board may deem advisable, of any land, property, material, equipment, or any other thing in the possession of the drainage district, which, in the opinion of the board, is no longer needed for the purposes of flood control works or other necessary or convenient purposes.

article: 1. General Powers


text: Notwithstanding Section 6402 of the Public Resources Code, the board may sell or lease surplus real property which is held in fee by the Sacramento and San Joaquin Drainage District and which lies within a predominantly residential, industrial, or commercial area, without reserving the right to extract minerals or petroleum products through the surface of such property.

history: (History: Added by Stats. 1963, Ch. 502.)

article: 1. General Powers


citation: WAT § 8599

text: The board may undertake any construction work that it is authorized to do by this part, free from any control or jurisdiction of the department.

article: 1. General Powers


citation: WAT § 8600

text: Subject to the provisions of the State Contract Act any construction work undertaken by the board may be done wholly or partly by contract let by the board in such manner as the board may determine, or may be done wholly or partly by day labor or force account if deemed advisable by the board.

article: 1. General Powers


text:
(a) The governing body of a public entity that is authorized by law to construct, manage, maintain, or repair levees, channels, or other flood control works that are under the jurisdiction of the board may adopt standards for the operation and maintenance of those flood control works that are more protective of public safety than the standards adopted by the board pursuant to Section 8608, including, but not limited to, standards that are more restrictive of encroachments on levees and adjacent areas.

(b) The standards adopted pursuant to subdivision (a) shall be effective upon approval by the board.

(c) The public entity shall apply the standards adopted pursuant to subdivision (a) prospectively.

(d) The governing body of the public entity may revise the standards adopted pursuant to subdivision (a) subject to the approval of the board. The board may unilaterally revise these standards upon 90 days’ written notice to the public entity.

history: (History: Added by Stats. 2004, Ch. 498, Sec. 1. Effective January 1, 2005.)

article: 1. General Powers


citation: WAT § 8601

text: The board may construct, purchase, rent, sell or exchange dredgers, machines, appliances, tools, apparatus and other property necessary or convenient for doing any construction work.

article: 1. General Powers


citation: WAT § 8602

text: The cost of the equipment and property shall be apportioned to and paid from the funds raised from the several assessments levied or to be levied by the board in a just and equitable manner according to the use made of the equipment or property in carrying out the several separate portions or projects for which the assessments are levied.

article: 1. General Powers


citation: WAT § 8603

text: The board may rent for use by others idle dredgers or other equipment.

article: 1. General Powers


citation: WAT § 8604

text: The rental received shall be paid to the State Treasurer and credited to the balance remaining unexpended of the assessments against which the cost of such equipment has been paid or is to be charged as indicated by the board.

article: 1. General Powers


citation: WAT § 8605

text: The board may inspect and supervise any work done or under construction pursuant to the provisions of this part.

article: 1. General Powers


citation: WAT § 8606

text: The board may insert a stipulation providing for such inspection and supervision in any order, contract or other instrument, relating to the work authorized in this part.

article: 1. General Powers


citation: WAT § 8608

text: The board shall establish and enforce standards for the maintenance and operation of levees, channels, and other flood control works of an authorized project or an adopted plan, including but not limited to standards for encroachment, construction, vegetation and erosion control measures. In adopting such standards, the board shall give full consideration to fish and wildlife, recreation and environmental factors. Any violation of such adopted standards without the permission of the board is a public nuisance, and the board may commence and maintain suit in the name of the people of the state for the prevention or abatement of the nuisance.

history: (History: Added by Stats. 1970, Ch. 804.)

article: 1. General Powers


citation: WAT § 8609

text:
(a) The board may designate floodways throughout the Sacramento and San Joaquin Rivers drainage to control encroachments in, and to preserve the flow regimens of, floodways for the purpose of protecting public improvements, lives, land use values, and improvements created in reliance upon historical flooding patterns.

(b) As used in this part, “Sacramento and San Joaquin Rivers drainage,” or equivalent language, means all lands currently and historically drained by the Sacramento River and the San Joaquin River and their tributaries and distributaries.

(c) This section is declaratory of existing law.

history: (History: Amended by Stats. 1987, Ch. 56, Sec. 177.)

article: 1. General Powers


citation: WAT § 8610

text: The board shall offer to lease to the Department of Fish and Game, or to an appropriate public resource protection or public conservation agency or organization approved by the Department of Fish and Game and the board, any lands it acquires as replacement habitat as mitigation for adverse environmental impacts of its projects. The lease agreement shall ensure that these lands are managed to provide the mitigation for which they were acquired and shall include, but not be limited to, provisions for funding management of those lands. Funds for management of those lands may include, but are not limited to, funds appropriated by the Legislature to the Department of Water Resources, the Reclamation Board, or the Department of Fish and Game, and funds available from local entities. The lease agreement shall reserve the authority of the board to carry out necessary flood control activities and mitigate adverse environmental impacts.

history: (History: Amended by Stats. 2001, Ch. 745, Sec. 230.1. Effective October 12, 2001.)

article: 1. General Powers


text:
(a) (1) The board shall adopt regulations relating to evidentiary hearings pursuant to Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code.

(2) The board shall hold an evidentiary hearing for any matter that requires the issuance of a permit if the proposed work may significantly affect any element of the State Plan of Flood Control or if a formal protest against that permit has been lodged.

(3) The board may, by regulation, define types of encroachments that will not significantly affect any element of the State Plan of Flood Control. Evidentiary hearings are not required for uncontested applications for those defined encroachments unless, in the judgment of the executive officer, there is a reasonable possibility that the project will have a significant effect on an adopted plan of flood control.

(4) The board may delegate approval of permits for encroachments that will not significantly affect any element of the State Plan of Flood Control to the executive officer.

(5) The board is not required to hold an evidentiary hearing before making a decision relating to general flood protection policy or planning.

(b) The board may take an action pursuant to Section 8560 only after allowing for public comment.

(c) The board shall, in any evidentiary hearing, consider all of the following, as applicable, for the purpose of taking any action pursuant to Section 8560:

(1) Evidence that the board admits into its record from any party, state or local public agency, or nongovernmental organization with expertise in flood or flood plain management.

(2) The best available science that relates to the scientific issues presented by the executive officer, legal counsel, the department, or other parties that raise credible scientific issues.

(3) Effects of the proposed decision on the entire State Plan of Flood Control.

(4) Effects of reasonably projected future events, including, but not limited to, changes in hydrology, climate, and development within the applicable watershed.

history: (History: Amended by Stats. 2009, Ch. 275, Sec. 15. (AB 1165) Effective January 1, 2010.)

article: 1. General Powers


citation: WAT § 8611

text:
(a) Except as provided in subdivision (b), prior to construction at a site of a flood control, channel clearance, or bank stabilization project, the board, in consultation with the Department of Fish and Game, shall prepare and adopt a mitigation plan which shall be implemented as part of the project. A mitigation plan shall include, but not be limited to, all of the following:

(1) A description of the actions that the board proposes to take to ensure that the project will meet all mitigation standards required by law with the objective of ensuring that the project causes no net loss of riparian, fishery, or wildlife habitat.

(2) A designation of the agency or agencies responsible for implementing and maintaining each mitigation element of the plan.

(3) A schedule for implementation of the mitigation ensuring that the mitigation measures will be accomplished prior to, or concurrent with, construction of the project, unless the board determines that to do so would be impracticable.

(4) A financing plan for the mitigation identifying the source or sources of funds for the mitigation, the share of mitigation costs attributable to each source, and a schedule of when the funds are to be provided.

The plan may take into consideration the environmental benefits of restoring, maintaining, or increasing the sustainable diversity of native species and habitat which may result from the project, if these benefits have been approved by the Department of Fish and Game. The Department of Fish and Game may submit a review of the plan and its recommendations to the board for inclusion in the plan.

(b) No mitigation plan is required when the board is responding to an emergency where no mitigation is required.

(c) For any project authorized pursuant to Section 12668, the agreement set forth in subdivision (a) shall provide for the mitigation of the project with the objective of providing a net long-term enhancement of the riparian habitat and fishery in the project area. The degree of net enhancement required for each phase or part of the project shall not be so great as to cause the project to be infeasible.

history: (History: Added by Stats. 1988, Ch. 1488, Sec. 2.)

article: 1. General Powers


citation: WAT § 8612

text:
(a) On or before December 31, 2008, the department shall prepare, and the board shall adopt, a schedule for mapping areas at risk of flooding in the Sacramento River and San Joaquin River drainage.

(b) The department shall update the schedule annually and shall present the updated schedule to the board for adoption on or before December 31 of each year. The update shall include the status of mapping in progress and an estimated time of completion. The schedule shall be based on the present and expected future risk of flooding and associated consequences.

history: (History: Added by Stats. 2007, Ch. 368, Sec. 5. Effective January 1, 2008.)

article: 1. General Powers


citation: WAT § 8613

text:
(a) The board or the department may establish a program of mitigation banking for the activities of the board or the department under this part and for the benefit of local districts in the discharge of their flood control responsibilities under this part and the State Water Resources Law of 1945 (Chapter 1 (commencing with Section 12570) and Chapter 2 (commencing with Section 12639) of Part 6 of Division 6).

(b) For the purposes of carrying out subdivision (a), the board or the department, in consultation with all appropriate state, local, and federal agencies with jurisdiction over environmental protection that are authorized to regulate and impose requirements upon the flood control work performed under this part or the State Water Resources Law of 1945 (Chapter 1 (commencing with Section 12570) and Chapter 2 (commencing with Section 12639) of Part 6 of Division 6), may establish a system of mitigation banking by which mitigation credits may be acquired in advance for flood control work to be performed by the board, the department, or a local agency authorized to operate and maintain facilities of the State Plan of Flood Control.

history: (History: Added by Stats. 2007, Ch. 368, Sec. 6. Effective January 1, 2008.)

article: 1. General Powers


citation: WAT § 8615

text: The board may, in cooperation with the United States, adopt and carry out any plan or plans or project of flood control in the Sacramento or San Joaquin River Valleys or on or near the Sacramento River or the San Joaquin River or their tributaries and may exercise jurisdiction and authority in connection with such plans or projects inside or outside the drainage district.

article: 2. Cooperation With the United States

path: 5. FLOOD CONTROL > 3. Powers, Duties and Jurisdiction > 2. Cooperation With the United States


citation: WAT § 8616

text: It is the intent of this article to enlarge and extend the power, jurisdiction and authority of the board outside the drainage district to the extent set forth but not in any degree to limit, restrict or abridge any of the powers, jurisdiction or authority of the board.

article: 2. Cooperation With the United States


citation: WAT § 8617

text:
The board may give assurances satisfactory to the Secretary of Defense of the United States that the state will do all of the following:

(a) Provide, without cost to the United States, all lands, easements, and rights-of-way necessary for the construction of the project under the adopted flood control plan, except as otherwise provided in that certain act passed by the Congress of the United States, approved June 22, 1936, and entitled “An act authorizing the construction of certain public works on rivers and harbors for flood control and other purposes” (Public Law No. 738, Seventy-fourth Congress).

(b) Hold and save the United States free from damage due to the construction works.

(c) Maintain and operate all the works after completion in accordance with regulations prescribed by the Secretary of Defense.

(d) Promise, agree, do, or perform any or all other things required or necessary under the provisions of the act of Congress approved June 22, 1936, or any acts amending or adding to that act, now or hereafter adopted.

history: (History: Amended by Stats. 1981, Ch. 714, Sec. 450.)

article: 2. Cooperation With the United States


text: Notwithstanding any of the provisions of Chapters 1 and 3 (commencing with Sections 12570 and 12800, respectively) of Part 6 of Division 6, the board may take any action and expend any available funds for the purpose of co-operating with the United States in carrying out the project for flood protection on the Sacramento River, as provided for and required under the provision of the act of Congress. Public Law 86-645, 86th Congress, approved July 14, 1960. Any reallocation of funds by the department for purposes described in this section shall be subject to the provisions of Section 12828. Prior to any appropriation of funds for the purposes described in this section, the board shall investigate and report to the Governor and Legislature on methods of feasible recovery from the beneficiaries of the work to be accomplished of that portion of the total nonfederal contribution in excess of costs of lands, easements, and rights-of-way and the liabilities which may be incurred due to the construction, operation, and maintenance of the project.

history: (History: Added by Stats. 1961, Ch. 2188.)

article: 2. Cooperation With the United States


text:
(a) In connection with any work done on projects authorized by the board in the repair or reconstruction of levees or other flood control works completed before June 30, 1957, the board may provide for and pay the cost of the relocation, reconstruction, or replacement of improvements, structures, or utilities that have actually existed and been in use for over 20 years, which has been rendered necessary by the work, unless payment would be contrary to any written authorization or agreement under which the improvement, structure, or utility was constructed or maintained.

(b) This section shall not apply to the relocation, reconstruction, or replacement of improvements, structures, or utilities if the work has been financed, in whole or in part, with funds under the Flood Relief Law of 1956 (former Article 6 (commencing with Section 54150) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code) or Public Law 81-875.

history: (History: Amended by Stats. 2006, Ch. 538, Sec. 670. Effective January 1, 2007.)

article: 2. Cooperation With the United States


citation: WAT § 8618

text:
All political subdivisions, agencies of the State, and municipal and quasi-municipal corporations may make agreements with the board obligating themselves to do or perform those things which are required of the State, political subdivisions thereof, or other local agencies by the act of Congress approved June 22, 1936, or any acts amending or adding to it, now or hereafter adopted.

When an elimination, modification, or alteration of any authorized plan of flood control is made at the request of a political subdivision, agency of the State, or municipal or quasi-municipal corporation, the political subdivision, agency of the State, or municipal or quasi-municipal corporation may, in agreements made pursuant to this section, assume responsibility for all claims of damage or liability made against the State and its agencies or the United States and arising from the requested elimination, modification, or alteration of the authorized plan of flood control.

history: (History: Amended by Stats. 1961, Ch. 642.)

article: 2. Cooperation With the United States


citation: WAT § 8619

text:
In case any land, right of way, or easement is needed and is required to be provided free of cost to the State or the United States for any work of channel excavation, enlargement, rectification or control, or for the construction of any weir, which is a part of the plan and is to be done or constructed in whole or in part by the United States or by the State, the board may:

(a) Acquire the land, right of way, or easement and cause it to be conveyed to the United States or to the State free of cost.

(b) Cause the land, right of way, or easement to be condemned for the use and in the name of the United States or the State in the manner provided by the laws of this State or of the United States.

(c) Pay the cost and expense of acquiring the land, right of way, or easement out of the funds of any assessment by the board applicable thereto.

(d) If the land, right of way, or easement has been already acquired by the board in the name of the drainage district, the board may cause it to be conveyed by the district to the United States or to the State free of cost.

article: 2. Cooperation With the United States


citation: WAT § 8620

text: Whenever any work to be done by the board of the drainage district under any of the provisions of this part is such that it can be so done in connection with work of public improvement of rivers and harbors authorized by the United States as to bring it within the provisions of Section 4 of the United States River and Harbor Act, approved March 4, 1915, authorizing the receipt by the United States agencies of funds to be contributed for expenditures in connection with funds appropriated by the United States for such work, the funds under the control of the board and available for such work may be contributed by the board to the United States under the provisions of the act in order that the work may be done in the manner contemplated in the act.

article: 2. Cooperation With the United States


citation: WAT § 8621

text:
Notwithstanding any of the provisions of Chapters 1 and 3 of Part 6 of Division 6, the board, with the approval of the Department of Finance, may, when a saving to the State will result, in lieu of acquiring all or any portion of the lands, easements, or rights of way, in connection with a flood control project, execute a substitute plan which includes provision for the State to construct works or contribute to the United States a portion of the construction cost of the flood control project when such works to be constructed by the board or the changes in the design of the project are made which, while resulting in new or added state expenditures for construction, will reduce the costs of the lands, easements or rights of way which otherwise might be required. Any funds heretofore or hereafter appropriated or allocated to the board for the acquisition of lands, easements, or rights of way may be used for the purposes specified in this section.

In carrying out the provisions of this section, the board may negotiate with the United States and adopt on behalf of the State, any necessary revision of a project authorized by Chapter 2 of Part 6 of Division 6, but no money shall be expended pursuant to this section to meet the requirements of the United States for local cooperation in connection with such authorized project unless the United States agrees to accept the substitute plan as meeting the requirements for local cooperation.

history: (History: Amended by Stats. 1955, Ch. 1048.)

article: 2. Cooperation With the United States


citation: WAT § 8622

text: Notwithstanding any of the provisions of Chapters 1 and 3 (commencing with Sections 12570 and 12800 respectively) of Part 6 of Division 6, the board may undertake immediate construction or reconstruction of a portion of a project at state expense, if the board determines that it is urgent to immediately construct or reconstruct a portion of an authorized flood control project because of damages resulting from the 1955–56 floods. Any funds heretofore or hereafter appropriated or allocated to the board for the acquisition of lands, easements, and rights of way may be used for the purposes specified in this section.

history: (History: Added by Stats. 1956, 1st Ex. Sess., Ch. 48.)

article: 2. Cooperation With the United States


citation: WAT § 8623

text: Notwithstanding any of the provisions of Chapter 1 (commencing with Section 12570) and Chapter 3 (commencing with Section 12800) of Part 6 of Division 6, the board may plan, design, and construct flood relief structures or weirs and other structures or facilities essential for their proper functioning in the vicinity of the Sacramento River between Big Chico Creek and the north boundary of Glenn County Levee District No. 3, as needed to assure proper division of flood flows between the river and adjacent overflow areas and to preserve the integrity of the Sacramento River Flood Control Project. No revetment of the river bank may be installed pursuant to this section except to the extent necessary to assure the proper division of flood flows as described in this section. If any revetment is required under this section, it shall be accomplished by the palisades method, unless the department finds that method is not feasible.

history: (History: Added by Stats. 1987, Ch. 1090, Sec. 2. Effective September 24, 1987.)

article: 2. Cooperation With the United States


citation: WAT § 8630

text: As used in this article the term “levee” means any levee within the Sacramento and San Joaquin Drainage District.

history: (History: Added by Stats. 1943, Ch. 369.)

article: 3. Levees

path: 5. FLOOD CONTROL > 3. Powers, Duties and Jurisdiction > 3. Levees


citation: WAT § 8631

text: The board may promote the construction, completion, maintenance and repair of levees along all rivers, streams, overflow channels, basins and by-passes where, in the opinion of the board, the levees are insufficient or necessary for the purpose of the plans for flood control to be carried out by the board under this part.

article: 3. Levees


citation: WAT § 8632

text: Whenever any levee is in the opinion of the board insufficient or necessary for flood control, the board shall publish notice to that effect.

article: 3. Levees


citation: WAT § 8633

text: The published notice shall state that the levee is insufficient or necessary, that it is the intention of the board to construct, repair or complete the levee and pay the cost out of an assessment levied or to be levied and assessed upon the lands within the drainage district directly or indirectly benefited by the levee.

article: 3. Levees


citation: WAT § 8634

text: The notice shall be signed in the name of the board by its president and secretary and shall be published once a week for three weeks in some newspaper published in the county wherein the levee or the greater part of it is situated or is to be constructed.

article: 3. Levees


citation: WAT § 8635

text: The giving of the notice by publication shall be complete on the twenty-first day after the first publication.

article: 3. Levees


citation: WAT § 8636

text: Any landowner, reclamation district, drainage district, levee district, municipal corporation or other organization or association authorized by law to construct, repair or complete a levee shall have 30 days after completion of the giving of notice by publication within which to apply to the board for leave to construct, repair or complete the levee.

article: 3. Levees


citation: WAT § 8637

text: The application shall be in writing and signed by the applicants or their respective executors, administrators, guardians, trustees or duly constituted and authorized officers.

article: 3. Levees


citation: WAT § 8638

text: The application shall be filed in the office of the board.

article: 3. Levees


citation: WAT § 8639

text:
When an application is filed within the required 30 days, the applicants shall have 60 days after filing the application, or any further time that the board allows, within which to do the following:

(a) Present to the board plans and specifications.

(b) Obtain the board’s approval of plans and specifications.

(c) Commence the work of repair, construction or completion.

article: 3. Levees


citation: WAT § 8640

text: The application for leave to construct, repair or complete a levee shall designate the name and post-office address of at least one and not more than three of the applicants as the person or persons to whom any notice or communication may be addressed by the board in the matter of the application.

article: 3. Levees


citation: WAT § 8641

text: In case there are two or more applications filed in the office of the board within the required 30 days the board may determine which of such applications shall be recognized and may reject the others.

article: 3. Levees


citation: WAT § 8642

text: Any levee constructed or work done by the applicants, pursuant to notice from the board and according to plans and specifications approved by the board, shall be considered as constructed or done with the permission of the board within the meaning of Article 1 of Chapter 8 of this part.

article: 3. Levees


citation: WAT § 8643

text: If the application is not filed in the office of the board within 30 days after completion of the giving of notice by publication, or if the applicants fail to present to the board and obtain its approval of the plans and specifications and to commence the work within 60 days after filing the application or any further time the board may allow, or fail to complete the work with reasonable diligence, the board may proceed with the construction, repair or completion of the work, and pay the cost by assessment upon the lands within the drainage district directly or indirectly benefited by the levee according to the benefits, as provided for in this part.

article: 3. Levees


citation: WAT § 8644

text: The assessment may be either an assessment specially levied and assessed for that purpose, or any assessment levied and assessed by the board and applicable to the payment of such work.

article: 3. Levees


citation: WAT § 8645

text: Notwithstanding anything in this article the board may determine a case of emergency exists requiring immediate action to preserve life or property or to protect or preserve the safety of any levee along any river, stream, overflow channel, basin or by-pass.

article: 3. Levees


citation: WAT § 8646

text: The board may do the necesssary work immediately for the protection or preservation of the levee, without giving the notice provided for in this article.

article: 3. Levees


citation: WAT § 8647

text: The board may pay the cost, including any damage that may result from the performance of the work, by an assessment to be levied and assessed as provided in this article or out of the funds of any assessment available for that purpose under the provisions of this part.

article: 3. Levees


citation: WAT § 8655

text: The board may determine that any land acquired by the drainage district and deeded to the State for any right of way for river improvement work or flood control is in excess of what is or will be required.

article: 4. Lease and Sale of Property

path: 5. FLOOD CONTROL > 3. Powers, Duties and Jurisdiction > 4. Lease and Sale of Property


citation: WAT § 8656

text: The Department of General Services upon request of the board may sell the excess land at a purchase price determined upon by the board.

history: (History: Amended by Stats. 1965, Ch. 371.)

article: 4. Lease and Sale of Property


citation: WAT § 8657

text: The Department of General Services when authorized by the board may execute and deliver in the name and on behalf of the state, a conveyance of such land to the purchaser upon payment of the purchase price to the State Treasurer.

article: 4. Lease and Sale of Property


citation: WAT § 8658

text: The purchase price when paid to the State Treasurer shall be credited to such fund as the board directs.

article: 4. Lease and Sale of Property


citation: WAT § 8659

text: All or any part of any land, right-of-way or easement required for any work of channel excavation, enlargement, rectification or control or for any site for the construction of any weir, forming part of or incidental to any plan approved by the state for flood control in the Sacramento or San Joaquin Valleys, which land, right-of-way or easement or weir site has been or may hereafter be acquired by the state, may, at the request of the board and with the approval of the Department of General Services, be sold to the drainage district at a purchase price equal to the cost thereof to the state, to be determined by the Department of General Services, and upon payment to the state of the purchase price, may be conveyed to the drainage district, or to the United States, as may be requested by the board.

article: 4. Lease and Sale of Property


citation: WAT § 8660

text: The Department of General Services may execute and deliver pursuant to the next preceding section a conveyance in the name and on behalf of the state upon payment to the State Treasurer of the purchase price.

article: 4. Lease and Sale of Property


citation: WAT § 8661

text: The purchase price, when paid to the State Treasurer, shall be credited back to the appropriation out of which the cost of acquiring the land, right of way, easement or weir site was paid by the State, and shall be available for the same purposes for which such appropriation was made.

article: 4. Lease and Sale of Property


citation: WAT § 8662

text: Any lease of property of the drainage district for the production of oil, gas or other hydrocarbons may be made upon such consideration or for such royalties as may be authorized by the board subject to the provisions of this article.

article: 4. Lease and Sale of Property


citation: WAT § 8663

text: The board, before ordering the lease of any property pursuant to the next preceding section, shall, in a regular open meeting, adopt a resolution declaring their intention to lease the property.

article: 4. Lease and Sale of Property


citation: WAT § 8664

text:
The resolution shall:

(a) Describe the property proposed to be leased in such manner as to identify it.

(b) Specify the minimum rental or royalty.

(c) Specify terms upon which the property will be leased.

(d) Fix time not less than three weeks thereafter for a public meeting of the board.

article: 4. Lease and Sale of Property


citation: WAT § 8665

text: The meeting shall be held at the board’s regular place of meeting, at which meeting sealed proposals to lease the property will be received and considered.

article: 4. Lease and Sale of Property


citation: WAT § 8666

text: Notice of the adoption of the resolution and of the time and place for holding the meeting shall be given by publishing a notice containing the resolution not less than once a week for three successive weeks before the meeting, in a newspaper of general circulation published in the county in which the drainage district or any part thereof is situated.

article: 4. Lease and Sale of Property


citation: WAT § 8667

text: At the time and place fixed in the resolution for the meeting of the board, all sealed proposals which have been received shall, in public session, be opened, examined and declared by the board, and of the proposals submitted which conform to all terms and conditions specified in the resolution, and which are made by responsible bidders, the one which is the highest shall be accepted.

article: 4. Lease and Sale of Property


citation: WAT § 8668

text: Upon a call for oral bidding, at the session, any person may offer to lease the property upon the terms and conditions specified in the resolution for a rental or royalty exceeding by at least 5 per cent the highest of the written proposals.

article: 4. Lease and Sale of Property


citation: WAT § 8669

text: The highest of any of the oral bids made by a responsible person shall be finally accepted.

article: 4. Lease and Sale of Property


citation: WAT § 8670

text: The board may make a final acceptance either at the same session or at any adjourned session of the same meeting held within the 10 days next following.

article: 4. Lease and Sale of Property


citation: WAT § 8671

text: The board may, at such session, if it deems the action to be for the best public interest, reject any and all bids either written or oral, and withdraw the property from lease.

article: 4. Lease and Sale of Property


citation: WAT § 8672

text: The resolution of acceptance of any bid shall provide for the proper execution of a lease upon behalf of the drainage district, and delivery of the lease upon performance and compliance by the lessee of all the terms and conditions of his contract which are to be performed concurrently with the execution of the lease.

article: 4. Lease and Sale of Property


citation: WAT § 8673

text: The board, in lieu of leasing property as provided in this article, if it deems such action to be for the best public interest, may lease lands for the production of oil, gas and other hydrocarbon substances therefrom jointly with the lands of an adjoining landowner.

article: 4. Lease and Sale of Property


citation: WAT § 8674

text: No joint lease shall be entered into until after adoption of a resolution and publication of notice as provided in this article and after a public meeting of the board at which protests, if any, shall be heard.

article: 4. Lease and Sale of Property


citation: WAT § 8675

text: A joint lease shall provide for the payment of a minimum royalty to the drainage district of not less than 15 per cent of the value of the oil, gas or other hydrocarbon substances produced from the property owned by the district.

article: 4. Lease and Sale of Property


citation: WAT § 8676

text: Whenever the board has acquired or shall in the future acquire title in fee to any land in the name and in behalf of the district and whenever, in the judgment of the board, the purposes of the district will be satisfied by the retention of an easement or other interest in the land less than the title in fee thereto, the board shall take all steps necessary to sell said land reserving to said district the easement or other interest acquired for the purposes of the district. Conveyances of such land or interest therein owned by the district shall be executed by the officers of the board authorized by the board and shall be approved by the Director of General Services.

article: 4. Lease and Sale of Property