citation: WAT § 5901

text:
The provisions of said Klamath River Basin Compact are as follows: Article I. Purposes

The major purposes of this compact are, with respect to the water resources of the Klamath River Basin:

A. To facilitate and promote the orderly, integrated and comprehensive development, use, conservation and control thereof for various purposes, including, among others: the use of water for domestic purposes; the development of lands by irrigation and other means; the protection and enhancement of fish, wildlife and recreational resources; the use of water for industrial purposes and hydroelectric power production; and the use and control of water for navigation and flood prevention.

B. To further intergovernmental co-operation and comity with respect to these resources and programs for their use and development and to remove causes of present and future controversies by providing (1) for equitable distribution and use of water among the two states and the Federal Government, (2) for preferential rights to the use of water after the effective date of this compact for the anticipated ultimate requirements for domestic and irrigation purposes in the Upper Klamath River Basin in Oregon and California, and (3) for prescribed relationships between beneficial uses of water as a practicable means of accomplishing such distribution and use.

Article II. Definition of Terms As used in this compact:

A. “Klamath River Basin” shall mean the drainage area of the Klamath River and all its tributaries within the States of California and Oregon and all closed basins included in the Upper Klamath River Basin.

B. “Upper Klamath River Basin” shall mean the drainage area of the Klamath River and all its tributaries upstream from the boundary between the States of California and Oregon and the closed basins of Butte Valley, Red Rock Valley, Lost River Valley, Swan Lake Valley and Crater Lake, as delineated on the official map of the Upper Klamath River Basin approved on September 6, 1956, by the commissions negotiating this compact and filed with the Secretaries of State of the two states and the General Services Administration of the United States, which map is incorporated by reference and made a part hereof.

C. “Commission” shall mean the Klamath River Compact Commission as created by Article IX of this compact.

D. “Klamath Project” of the Bureau of Reclamation of the Department of the Interior of the United States shall mean that area as delineated by appropriate legend on the official map incorporated by reference under subdivision B of this article.

E. “Person” shall mean any individual or any other entity, public or private, including either state, but excluding the United States.

F. “Keno” shall mean a point on the Klamath River at the present needle dam, or any substitute control dam constructed in Section 36, Township 39 South, Range 7 East, Willamette Base and Meridian.

G. “Water” or “waters” shall mean waters appearing on the surface of the ground in streams, lakes or otherwise, regardless of whether such waters at any time were or will become ground water, but shall not include water extracted from underground sources until after such water is used and becomes surface return flow or waste water.

H. “Domestic use” shall mean the use of water for human sustenance, sanitation and comfort; for municipal purposes; for livestock watering; for irrigation of family gardens; and for other like purposes.

I. “Industrial use” shall mean the use of water in manufacturing operations.

J. “Irrigation use” shall mean the use of water for production of agricultural crops, including grain grown for feeding wildfowl.

Article III. Distribution and Use of Water A. There are hereby recognized vested rights to the use of waters originating in the Upper Klamath River Basin validly established and subsisting as of the effective date of this compact under the laws of the state in which the use or diversion is made, including rights to the use of waters for domestic and irrigation uses within the Klamath Project. There are also hereby recognized rights to the use of all waters reasonably required for domestic and irrigation uses which may hereafter be made within the Klamath Project.

B. Subject to the rights described in subdivision A of this article and excepting the uses of water set forth in subdivision E of Article XI, rights to the use of unappropriated waters originating within the Upper Klamath River Basin for any beneficial use in the Upper Klamath River Basin, by direct diversion or by storage for later use, may be acquired by any person after the effective date of this compact by appropriation under the laws of the state where the use is to be made, as modified by the following provisions of this subdivision B and subdivision C of this article, and may not be acquired in any other way:

1. In granting permits to appropriate waters under this subdivision B, as among conflicting applications to appropriate when there is insufficient water to satisfy all such applications, each state shall give preference to applications for a higher use over applications for a lower use in accordance with the following order of uses:

(a) Domestic use,

(b) Irrigation use,

(c) Recreational use, including use for fish and wildlife,

(d) Industrial use,

(e) Generation of hydroelectric power,

(f) Such other uses as are recognized under the laws of the state involved.

These uses are referred to in this compact as uses (a), (b), (c), (d), (e) and (f), respectively. Except as to the superiority of rights to the use of water for use (a) or (b) over the rights to the use of water for use (c), (d), (e) or (f), as governed by subdivision C of this article, upon a permit being granted and a right becoming vested and perfected by use, priority in right to the use of water shall be governed by priority in time within the entire Upper Klamath River Basin regardless of state boundaries. The date of priority of any right to the use of water appropriated for the purposes above enumerated shall be the date of the filing of the application therefor, but such priority shall be dependent on commencement and completion of construction of the necessary works and application of the water to beneficial use with due diligence and within the times specified under the laws of the state where the use is to be made. Each state shall promptly provide the commission and the appropriate official of the other state with complete information as to such applications and as to all actions taken thereon.

2. Conditions on the use of water under this subdivision B in Oregon shall be:

(a) That there shall be no diversion of waters from the Upper Klamath River Basin, but this limitation shall not apply to out-of-basin diversions of waters originating within the drainage area of Fourmile Lake.

(b) That water diverted from Upper Klamath Lake and the Klamath River and its tributaries upstream from Keno, Oregon, for use in Oregon and not consumed therein and appearing as surface return flow and waste water within the Upper Klamath River Basin shall be returned to the Klamath River or its tributaries above Keno, Oregon.

3. Conditions on the use of water under this subdivision B in California shall be:

(a) That the waters diverted from the Klamath River within the Upper Klamath River Basin for use in California shall not be taken outside the Upper Klamath River Basin.

(b) That substantially all of the return flows and waste water finally resulting from such diversions and use appearing as surface waters in the Upper Klamath River Basin shall be made to drain so as to be eventually returned to the Klamath River upstream from Keno, Oregon.

C. 1. All rights, acquired by appropriation after the effective date of this compact, to use waters originating within the Upper Klamath River Basin for use (a) or (b) in the Upper Klamath River Basin in either state shall be superior to any rights, acquired after the effective date of this compact, to use such waters (i) or any purpose outside the Klamath River Basin by diversion in California or (ii) for use (c), (d), (e) or (f) anywhere in the Klamath River Basin. Such superior rights shall exist regardless of their priority in time and may be exercised with respect to inferior rights without the payment of compensation. But such superior rights to use water for use (b) in California shall be limited to the quantity of water necessary to irrigate 100,000 acres of land, and in Oregon shall be limited to the quantity of water necessary to irrigate 200,000 acres of land.

2. The provisions of paragraph 1 of this subdivision C shall not prohibit the acquisition and exercise after the effective date of this compact of rights to store waters originating within the Upper Klamath River Basin and to make later use of such stored water for any purpose, as long as the storing of waters for such later use, while being effected, does not interfere with the direct diversion or storage of such waters for use (a) or (b) in the Upper Klamath River Basin.

Article IV. Hydroelectric Power It shall be the objective of each state, in the formulation and the execution and the granting of authority for the formulation and execution of plans for the distribution and use of the waters of the Klamath River Basin, to provide for the most efficient use of available power head and its economic integration with the distribution of water for other beneficial uses in order to secure the most economical distribution and use of water and lowest power rates which may be reasonable for irrigation and drainage pumping, including pumping from wells.

Article V. Interstate Diversion and Storage Rights; Measuring Devices A. Each state hereby grants for the benefit of the other and its designees the right to construct and operate facilities for the measurement, diversion, storage and conveyance of water from the Upper Klamath River Basin in one state for use in the other insofar as the exercise of such right may be necessary to effectuate and comply with the terms of this compact. The location of such facilities shall be subject to approval by the commission.

B. Each state or its designee, exercising within the jurisdiction of the other a right granted under subdivision A of this article, shall make provision for the establishment, operation, and maintenance of permanent gaging stations at such points on streams or reservoir or conveyance facilities as may be required by the commission for the purpose of ascertaining and recording the volume of diversions by the streams or facilities involved. Said stations shall be equipped with suitable devices for determining the flow of water at all times. All information obtained from such stations shall be compiled in accordance with the standards of the United States Geological Survey, shall be filed with the commission, and shall be available to the public.

Article VI. Acquisition of Property for Storage and Diversion; In Lieu Taxes A. Subject to approval of the commission, either state shall have the right (1) to acquire such property rights in the other state as are necessary for the diversion, storage, conveyance, measurement and use of water in conformity with this compact, by donation or purchase, or (2) to elect to have the other state acquire such property rights for it by purchase or through the exercise of the power of eminent domain. A state making the latter election shall make a written request therefor and the other state shall expeditiously acquire said property rights either by purchase at a price satisfactory to the requesting state, or, if such purchase cannot be made, then through the exercise of its power of eminent domain, and shall convey said property rights to the requesting state or its designee. All costs of such acquisition shall be paid by the requesting state. Neither state shall have any greater power to acquire property rights for the other state through the exercise of the power of eminent domain than it would have under its laws to acquire the same property rights for itself.

B. Should any diversion, storage or conveyance facilities be constructed or acquired in either state for the benefit of the other state, as herein provided, the construction, repair, replacement, maintenance and operation of such facilities shall be subject to the laws of the state in which the facilities are located, except that the proper officials of that state shall permit the storage, release and conveyance of any water to which the other state is entitled under this compact.

C. Either state having property rights other than water rights in the other state acquired as provided in this article shall pay to each political subdivision of the state in which such property rights are located, each and every year during which such rights are held, a sum of money equivalent to the average annual amount of taxes assessed against those rights during the 10 years preceding the acquisition of such rights in reimbursement for the loss of taxes to such political subdivisions of the state. Payments so made to a political subdivision shall be in lieu of any and all taxes by that subdivision on the property rights for which the payments are made.

Article VII. Pollution Control A. The states recognize that the growth of population and the economy of the Upper Klamath River Basin can result in pollution of the waters of the Upper Klamath River Basin constituting a menace to the health and welfare of, and occasioning economic loss to, people living or having interests in the Klamath River Basin. The states recognize further that protection of the beneficial uses of the waters of the Klamath River Basin requires co-operative action of the two states in pollution abatement and control.

B. To aid in such pollution abatement and control, the commission shall have the duty and power:

1. To co-operate with the states or agencies thereof or other entities and with the United States for the purpose of promoting effective laws and the adoption of effective regulations for abatement and control of pollution of the waters of the Klamath River Basin, and from time to time to recommend to the governments reasonable minimum standards for the quality of such waters.

2. To disseminate to the public by any and all appropriate means information respecting pollution abatement and control in the waters of the Klamath River Basin and on the harmful and uneconomic results of such pollution.

C. Each state shall have the primary obligation to take appropriate action under its own laws to abate and control interstate pollution, which is defined as the deterioration of the quality of the waters of the Upper Klamath River Basin within the boundaries of such state which materially and adversely affects beneficial uses of waters of the Klamath River Basin in the other state. Upon complaint to the commission by the state water pollution control agency of one state that interstate pollution originating in the other state is not being prevented or abated, the procedure shall be as follows:

1. The commission shall make an investigation and hold a conference on the alleged interstate pollution with the water pollution control agencies of the two states, after which the commission shall recommend appropriate corrective action.

2. If appropriate corrective action is not taken within a reasonable time, the commission shall call a hearing, giving reasonable notice in writing thereof to the water pollution control agencies of the two states and to the person or persons which it is believed are causing the alleged interstate pollution. Such hearing shall be held in accordance with rules and regulations of the commission, which shall conform as nearly as practicable with the laws of the two states governing administrative hearings. At the conclusion of such hearing, the commission shall make a finding as to whether interstate pollution exists, and if so, shall issue to any person or persons which the commission finds are causing such interstate pollution an order or orders for correction thereof.

3. It shall be the duty of the person against whom any such order is issued to comply therewith. Any court of general jurisdiction of the state where such discharge is occurring or the United States District Court for the district where the discharge is occurring shall have jurisdiction, on petition of the commission for enforcement of such order, to compel action by mandamus, injunction, specific performance, or any other appropriate remedy, or on petition of the person against whom the order is issued to review any order. At the conclusion of such enforcement or review proceedings, the court may enter such decree or judgment affirming, reversing, modifying, or remanding such order as in its judgment is proper in the circumstances on the basis of the rules customarily applicable in proceedings for court enforcement or review of administrative actions.

D. The water pollution control agencies of the two states shall, from time to time, make available to the commission all data relating to the quality of the waters of the Upper Klamath River Basin which they possess as the result of studies, surveys and investigations thereof which they may have made.

Article VIII. Miscellaneous A. Subject to vested rights as of the effective date of this compact, there shall be no diversion of waters from the basin of Jenny Creek to the extent that such waters are required, as determined by the commission, for use on land within the basin of Jenny Creek.

B. Each state shall exercise whatever administrative, judicial, legislative or police powers it has that are required to provide any necessary reregulation or other control over the flow of the Klamath River downstream from any hydroelectric powerplant for protection of fish, human life or property from damage caused by fluctuations resulting from the operation of such plant.

Article IX. Administration A. 1. There is hereby created a commission to administer this compact. The commission shall consist of three members. The representative of the State of California shall be the Department of Water Resources. The representative of the State of Oregon shall be the State Engineer of Oregon who shall serve as ex officio representative of the State Water Resources Board of Oregon. The President is requested to appoint a federal representative who shall be designated and shall serve as provided by the laws of the United States.

2. The representative of each state shall be entitled to one vote in the commission. The representative of the United States shall serve as chairman of the commission without vote. The compensation and expenses of each representative shall be fixed and paid by the government which he represents. Any action by the commission shall be effective only if it be agreed to by both voting members.

3. The commission shall meet to establish its formal organization within 60 days after the effective date of this compact, such meeting to be at the call of the governors of the two states. The commission shall then adopt its initial set of rules and regulations governing the management of its internal affairs providing for, among other things, the calling and holding of meetings, the adoption of a seal, and the authority and duties of the chairman and executive director. The commission shall establish its office within the Upper Klamath River Basin.

4. The commission shall appoint an executive director, who shall also act as secretary, to serve at the pleasure of the commission and at such compensation, under such terms and conditions and performing such duties as it may fix. The executive director shall be the custodian of the records of the commission with authority to affix the commission’s official seal, and to attest to and certify such records or copies thereof. The commission, without regard to the provisions of the civil service laws of either state, may appoint and discharge such consulting, clerical and other personnel as may be necessary for the performance of the commission’s functions, may define their duties, and may fix and pay their compensation. The commission may require the executive director and any of its employees to post official bonds, and the cost thereof shall be paid by the commission.

5. All records, files and documents of the commission shall be open for public inspection at its office during established office hours.

6. No member, officer or employee of the commission shall be liable for injury or damage resulting from (a) action taken by such member, officer or employee in good faith and without malice under the apparent authority of this compact, even though such action is later judicially determined to be unauthorized, or (b) the negligent or wrongful act or omission of any other person, employed by the commission and serving under such officer, member or employee, unless such member, officer or employee either failed to exercise due care in this selection, appointment or supervision of such other person, or failed to take all available action to suspend or discharge such other person after knowledge or notice that such other person was inefficient or incompetent to perform the work for which he was employed. No suit may be instituted against a member, officer or employee of the commission for damages alleged to have resulted from the negligent or wrongful act or omission of such member, officer or employee or a subordinate thereof occurring durng the performance of his official duties unless, within 90 days after occurrence of the incident, a verified claim for damages is presented in writing and filed with such member, officer or employee and with the commission. In the event of a suit for damages against any member, officer or employee of the commission on account of any act or omission in the performance of his or his subordinates’ official duties, the commission shall arrange for the defense of such suit and may pay all expenses therefor on behalf of such member, officer or employee. The commission may at its expense insure its members, officers and employees against liability resulting from their acts or omissions in the performance of their official duties. Nothing in this paragraph shall be construed as imposing any liability upon any member, officer or employee of the commission that he would otherwise not have.

7. The commission may incur obligations and pay expenses which are necessary for the performance of its functions. But it shall not pledge the credit of any government except by and with the authority of the legislative body thereof given pursuant to and in keeping with the constitution of such government, nor shall the commission incur any obligations prior to the availability of funds adequate to meet them.

8. The commission may:

(a) Borrow, accept or contract for the services of personnel from any government or agency thereof, from any intergovernmental agency or from any other entity.

(b) Accept for any of its purposes and functions under this compact any and all donations, gifts, grants of money, equipment, supplies, materials and services from any government or agency thereof or intergovernmental agency or from any other entity.

(c) Acquire, hold and dispose of real and personal property as may be necessary in the performance of its functions.

(d) Make such studies, surveys and investigations as are necessary in carrying out the provisions of this compact.

9. All meetings of the commission for the consideration of and action on any matters coming before the commission, except matters involving the management of internal affairs of the commission and its staff, shall be open to the public. Matters coming within the exception of this paragraph may be considered and acted upon by the commission in executive session under such rules and regulations as may be established therefor.

10. In the case of the failure of the two voting members of the commission to agree on any matter relating to the administration of this compact as provided in paragraph 2 of this subdivision A, the representative from each state shall appoint one person and the two appointed persons shall appoint a third person. The three appointees shall sit as an arbitration forum. The terms of appointment and the compensation of the members of the arbitration forum shall be fixed by the commission. Matters on which the two voting members of the commission have failed to agree shall be decided by a majority vote of the members of the arbitration forum. Each state obligates itself to abide by the decision of the arbitration forum, subject, however, to the right of each state to have the decision reviewed by a court of competent jurisdiction.

11. The commission shall have the right of access, through its authorized representatives, to all properties in the Klamath River Basin whenever necessary for the purpose of administration of this compact. The commission may obtain a court order to enforce its right of access.

B. 1. The commission shall submit to the governor or designated officer of each state a budget of its estimated expenditures for such period and at such times as may be required by the laws of that state for presentation to the legislature thereof. Each state pledges itself to appropriate and pay over to the commission one-half of the amount required to finance the commission’s estimated expenditures as set forth in each of its budgets, and pledges further that concurrently with approval of this compact by its legislature the sum of not less than $12,000 will be appropriated by it to be paid over to the commission at its first meeting for use in financing the commission’s functions until the commission can prepare its first budget and receive its first appropriation thereunder from the states.

2. The commission shall keep accurate accounts of all receipts and disbursements, which shall be audited yearly by a certified public accountant, and the report of the audit shall be made a part of its annual report. The accounts of the commission shall be open for public inspection during established office hours.

3. The commission shall make and transmit to the legislature and governor of each state and to the President of the United States an annual report covering the finances and activities of the commission and embodying such plans, recommendations and findings as may have been adopted by the commission.

C. 1. The commission shall have the power to adopt, and to amend or repeal, such rules and regulations to effectuate the purposes of this compact as in its judgment may be appropriate.

2. Except as to matters involving exclusively the management of the internal affairs of the commission and its staff or involving emergency matters, prior to the adoption, amendment or repeal of any rule or regulation the commission shall hold a hearing at which any interested person shall have the opportunity to present his views on the proposed action in writing, with or without the opportunity to present the same orally. The commission shall give adequate advance notice in a reasonable manner of the time, place and subject of such hearings.

3. Emergency rules and regulations may be adopted without a prior hearing, but in such case they may be effective for not longer than 90 days.

4. The commission shall publish its rules and regulations in convenient form.

Article X. Status of Indian Rights A. Nothing in this compact shall be deemed:

1. To affect adversely the present rights of any individual Indian, tribe, band or community of Indians to the use of the waters of the Klamath River Basin for irrigation.

2. To deprive any individual Indian, tribe, band or community of Indians of any rights, privileges, or immunities afforded under federal treaty, agreement or statute.

3. To affect the obligations of the United States of America to the Indians, tribes, bands or communities of Indians, and their reservations.

4. To alter, amend or repeal any of the provisions of the Act of August 13, 1954, (68 Stat. 718) as it may be amended.

B. Lands within the Klamath Indian Reservation which are brought under irrigation after the effective date of this compact, whether before or after Section 14 of said Act of August 13, 1954, becomes fully operative, shall be taken into account in determining whether the 200,000-acre limitation provided in paragraph 1 of subdivision C of Article III has been reached.

Article XI. Federal Rights Nothing in this compact shall be deemed:

A. To impair or affect any rights, powers or jurisdiction of the United States, its agencies or those acting by or under its authority, in, over and to the waters of the Klamath River Basin, nor to impair or affect the capacity of the United States, its agencies or those acting by or under its authority in any manner whatsoever, except as otherwise provided by the federal legislation enacted for the implementation of this compact as specified in Article XIII.

B. To subject any property of the United States, its agencies or instrumentalities, to taxation by either state or any subdivision thereof, unless otherwise provided by act of Congress.

C. To subject any works or property of the United States, its agencies, instrumentalities or those acting by or under its authority, used in connection with the control or use of waters which are the subject of this compact, to the laws of any state to an extent other than the extent to which those laws would apply without regard to this compact, except as otherwise provided by the federal legislation enacted for the implementation of this compact as specified in Article XIII.

D. To affect adversely the existing areas of Crater Lake National Park or Lava Beds National Monument, or to limit the operation of laws relating to the preservation thereof.

E. To apply to the use of water for the maintenance, on the scale at which such land and water areas are maintained as of the effective date of this compact, of officially designated water-fowl management areas, including water consumed by evaporation and transpiration on water surface areas and water used for irrigation or otherwise in the Upper Klamath River Basin; nor to affect the rights and obligations of the United States under any migratory bird treaty or the Migratory Bird Conservation Act (45 Stat. 1222), as amended to the effective date of this compact.

Article XII. General Provisions A. Each state and all persons using, claiming or in any manner asserting any right to the use of the waters of the Klamath River Basin under the authority of either state shall be subject to the terms of this compact.

B. Nothing in this compact shall be construed to limit or prevent either state from instituting or maintaining any action or proceeding, legal or equitable, in any court of competent jurisdiction for the protection of any right under this compact or the enforcement of any of its provisions.

C. Should a court of competent jurisdiction hold any part of this compact to be contrary to the Constitution of either state or the United States, all other provisions shall continue in full force and effect, unless it is authoritatively and finally determined judicially that the remaining provisions cannot operate for the purposes, or substantially in the manner, intended by the states independently of the portions declared unconstitutional or invalid.

D. Except as to matters requiring the exercise of discretion by the commission, the provisions of this compact shall be self-executing and shall by operation of law be conditions of the various state permits, licenses or other authorizations relating to the waters of the Klamath River Basin issued after the effective date of this compact.

E. The physical and other conditions peculiar to the Klamath River Basin constitute the basis for this compact, and neither of the states hereby, nor the Congress of the United States by its consent, considers that this compact establishes any general principle or precedent with respect to any other interstate stream.

Article XIII. Ratification A. This compact shall become effective when ratified by the legislature of each signatory state, and when consented to by an act of Congress of the United States which will, in substance, meet the provisions hereinafter set forth in this article.

B. The act of Congress referred to in subdivision A of this article shall provide that the United States or any agency thereof, and any entity acting under any license or other authority granted under the laws of the United States (referred to in this article as “the United States”), in connection with developments undertaken after the effective date of this compact pursuant to laws of the United States, shall comply with the following requirements:

1. The United States shall recognize and be bound by the provisions of subdivision A of Article III.

2. The United States shall not, without payment of just compensation, impair any rights to the use of water for use (a) or (b) within the Upper Klamath River Basin by the exercise of any powers or rights to use or control water (i) for any purpose whatsoever outside the Klamath River Basin by diversions in California or (ii) for any purpose whatsoever within the Klamath River Basin other than use (a) or (b). But the exercise of powers and rights by the United States shall be limited under this paragraph 2 only as against rights to the use of water for use (a) or (b) within the Upper Klamath River Basin which are acquired as provided in subdivision B of Article III after the effective date of this compact, but only to the extent that annual depletions in the flow of the Klamath River at Keno resulting from the exercise of such rights to use water for uses (a) and (b) do not exceed 340,000 acre-feet in any one calendar year.

3. The United States shall be subject to the limitation on diversions of waters from the basin of Jenny Creek as provided in subdivision A of Article VIII.

4. The United States shall be governed by all the limitations and provisions of paragraph 2 and subparagraph (a) of paragraph 3 of subdivision B of Article III.

5. The United States, with respect to any irrigation or reclamation development undertaken by the United States in the Upper Klamath River Basin in California, shall provide that substantially all of the return flows and waste water finally resulting from such diversions and use appearing as surface waters in the Upper Klamath River Basin shall be made to drain so as to be eventually returned to the Klamath River upstream from Keno, unless the Secretary of the Interior shall determine that compliance with this requirement would render it less feasible than under an alternate plan of development, in which event such return flows and waste waters shall be returned to the Klamath River at a point above Copco Lake.

C. Upon enactment of the act of Congress referred to in subdivision A of this article and so long as such act shall be in effect, the United States, when exercising rights to use water pursuant to state law, shall be entitled to all of the same privileges and benefits of this compact as any person exercising similar rights.

D. Such act of Congress shall not be construed as relieving the United States of any requirement of compliance with state law which may be provided by other federal statutes.

Article XIV. Termination This compact may be terminated at any time by legislative consent of both states, but despite such termination, all rights then established hereunder or recognized hereby shall continue to be recognized as valid by the states.


kind: section

code: WAT

citation: WAT § 5950

text: The Legislature of the State of California hereby ratifies the Oregon-California Goose Lake Interstate Compact as set forth in Section 5951. The provisions of the compact shall become the law of this State upon the compact becoming operative as provided in Article VII of the compact.

history: (History: Added by Stats. 1963, Ch. 1059.)

division: 2. WATER

chapter: 9. Alternative Distribution Procedure

path: 2. WATER > 9. Alternative Distribution Procedure > 7. OREGON–CALIFORNIA GOOSE LAKE INTERSTATE COMPACT


citation: WAT § 5951

text:
The provisions of the Oregon-California Goose Lake Interstate Compact are as follows: Article I.Purposes The major purposes of this compact are:

A. To facilitate and promote the orderly, integrated and comprehensive development, use, conservation and control of the water resources of Goose Lake Basin.

B. To further intergovernmental cooperation and comity and to remove the causes of present and future controversies by (1) providing for continued development of the water resources of Goose Lake Basin by the States of California and Oregon, and (2) prohibiting the export of water from Goose Lake Basin without consent of the legislatures of California and Oregon. Article II.Definition of Terms As used in this compact:

A. “Goose Lake Basin” shall mean the drainage area of Goose Lake within the States of California and Oregon and all closed basins included in the Goose Lake drainage basin as delineated on the official map of the Goose Lake Basin which is attached to and made a part of this compact.

B. “Person” shall mean the States of Oregon and California, any individual and any other entity, public or private.

C. “Water,” “waters” or “water resources” shall mean any water appearing on the surface of the ground in streams, lakes, or otherwise, and any water beneath the land surface or beneath the bed of any stream, lake, reservoir or other body of surface water within the boundaries of Goose Lake Basin. Article III.Distribution and Use of Water A. There are hereby recognized vested rights to the use of waters originating in Goose Lake Basin existing as of the effective date of this compact and established under the laws of California and Oregon.

B. Except as provided in this article, this compact shall not be construed as affecting or interfering with appropriation under the laws of California and Oregon of unappropriated waters of Goose Lake Basin for use within the basin.

C. Export of water from Goose Lake Basin for use outside the basin without prior consent of both state legislatures is prohibited.

D. Each state hereby grants the right for a person to construct and operate facilities for the measurement, diversion, storage and conveyance of water from the Goose Lake Basin in one state for use within the basin in the other state, providing the right to such use is secured by appropriation under the general laws administered by the State Engineer of the State of Oregon or the Water Rights Board of California and the laws of the state from which the water is to be taken shall control.

E. Should any facilities be constructed in one state to implement use of water in the other state, the construction, operation, repairs and replacement of such facilities shall be subject to the laws of the state in which the facilities are constructed. Article IV.Administration No commission or administrative body is necessary to administer this compact. Article V.Termination This compact may be terminated at any time by consent of the legislatures of California and Oregon and upon such termination all rights then established hereunder shall continue unimpaired. Article VI.General Provisions Nothing in this compact shall be construed to limit, or prevent any state from instituting or maintaining any action or proceeding, legal or equitable, in any court having jurisdiction thereof for the protection of any right under this compact or the enforcement of any of its provisions. Article VII.Ratification A. This compact shall become operative when ratified by the legislatures of California and Oregon and consented to by the Congress of the United States.

B. This compact shall remain in full force and effect until amended in the same manner as is required for it to be ratified to become operative or until terminated.

C. A copy of any proposed amendments to or termination of this compact shall be filed with the Board of Supervisors of Modoc County, California, and the County Court of Lake County, Oregon, at least 30 days prior to any legislative consideration by the legislatures of the States of California and Oregon. Article VIII.Federal Rights Nothing in this compact shall be deemed:

A. To impair or affect the existing rights or powers of the United States of America, its agencies, or instrumentalities, in and to the use of the waters of the Goose Lake Basin nor its capacity to acquire rights in and to the use of said waters.

B. To subject any property of the United States of America, its agencies or instrumentalities, to taxation by any state or subdivision thereof, nor to create an obligation on the part of the United States of America, its agencies or instrumentalities by reason of the acquisition, construction or operation of any property or works of whatsoever kind, to make any payments to any state or political subdivision thereof, state agency, municipality or entity, whatsoever in reimbursement for the loss of taxes.

C. To subject any property of the United States of America, its agencies or instrumentalities, to the laws of any state to any extent other than the extent to which these laws would apply without regard to the compact.

part: 7. OREGON–CALIFORNIA GOOSE LAKE INTERSTATE COMPACT


citation: WAT § 6000

text: Unless the context otherwise requires, the definitions in this chapter govern the construction of this part.

history: (History: Enacted by Stats. 1943, Ch. 368.)

division: 3. DAMS AND RESERVOIRS

chapter: 1. Definitions

path: 3. DAMS AND RESERVOIRS > 1. Definitions


citation: WAT § 6002

text: “Dam” means any artificial barrier, together with appurtenant works, which does or may impound or divert water, and which either (a) is or will be 25 feet or more in height from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the department, or from the lowest elevation of the outside limit of the barrier, as determined by the department, if it is not across a stream channel or watercourse, to the maximum possible water storage elevation or (b) has or will have an impounding capacity of 50 acre-feet or more.

history: (History: Amended by Stats. 1965, Ch. 1225.)


text: “Critical appurtenant structure” means a water surface barrier or hydraulic control structure that is 25 feet or more in height, that impounds 5,000 acre-feet of water or more, or that the department determines poses a significant downstream hazard potential.

history: (History: Added by Stats. 2017, Ch. 26, Sec. 84. (SB 92) Effective June 27, 2017.)


citation: WAT § 6003

text:
(a) Any barrier that is or will be not in excess of six feet in height, regardless of storage capacity, or that has or will have a storage capacity not in excess of 15 acre-feet, regardless of height, shall not be considered a dam.

(b) (1) Any barrier that does not impound water above the top of a levee where maximum storage behind the barrier has a minimum of three feet of freeboard on the levee and is a weir shall not be considered a dam.

(2) This subdivision shall apply only to Peoples Weir, Reynolds Weir, Last Chance Weir, Lemoore Diversion Weir, Island Weir, Crescent Weir, Stinson Weir, Empire Weir No. 1, and Empire Weir No. 2.

(c) For purposes of this section, a “weir” is defined as an agricultural water delivery structure with either mechanically or manually removable flashboards or gates that serves to regulate the flow of water in a stream and that functions as part of a federal flood control system as defined by Part 208 (commencing with Section 208.10) of Chapter II of Title 33 of the Code of Federal Regulations.

history: (History: Amended by Stats. 2025, Ch. 617, Sec. 1. (AB 639) Effective January 1, 2026.)


citation: WAT § 6004

text:
(a) An obstruction in a canal used to raise or lower water therein or divert water therefrom, a levee, including, but not limited to, a levee on the bed of a natural lake with the primary purpose to control floodwaters, a railroad fill or structure, a road or highway fill or structure, a circular tank constructed of steel or concrete, or both, a tank elevated above the ground, and a barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal purpose of impounding water for agricultural use shall not be considered a dam.

(b) An obstruction in the channel of a stream or watercourse that is 15 feet or less in height from the lowest elevation of the obstruction and that has the single purpose of spreading water within the bed of the stream or watercourse upstream from the obstruction for percolation underground shall not be considered a dam.

(c) The levee of an island adjacent to tidal waters in the Sacramento-San Joaquin Delta, as defined in Section 12220, even when used to impound water, shall not be considered a dam and the impoundment shall not be considered a reservoir if the maximum possible water storage elevation of the impounded water does not exceed four feet above mean sea level, as established by the United States Geological Survey 1929 datum.

(d) A noncircular tank, constructed of steel or concrete, or both, that is constructed in a county of the third class by a public agency, under the supervision of a civil engineer registered in the state, that does not exceed 75 acre-feet in capacity or 30 feet in height, and a barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal use as a sewage sludge drying facility, shall not be considered a dam.

(e) (1) A regulating basin owned or operated by a public entity that is not across a stream channel, watercourse, or natural drainage shall not be considered a dam if all of the following criteria are met:

(A) The barrier constructed to form the regulating basin has a height of no more than 15 feet from the crest to the lowest downstream elevation where the barrier meets natural ground.

(B) The regulating basin has a storage capacity of no more than 1,500 acre-feet.

(C) The regulating basin, at the time of construction, does not have a downstream hazard classification of “high” or “extremely high,” based upon the department’s criteria for those determinations.

(D) The regulating basin is designed, and its construction is overseen, by a licensed civil engineer.

(E) The regulating basin is compliant with the general plan of the county in which it is located.

(2) In order for a regulating basin to qualify for the exclusion under paragraph (1), the owner or operator of the regulating basin shall do all of the following:

(A) Before the construction of the regulating basin, submit to the department an inundation map, stamped by a licensed civil engineer, identifying the flow and depth of water from the regulating basin in the event of a failure of a barrier constructed to form the regulating basin.

(B) Undertake an inspection, conducted by a licensed civil engineer, of all barriers and all appurtenant structures of the regulating basin every two years following the regulating basin’s construction, and make the report available on the operating agency’s internet website.

(C) Immediately upon the identification of a failure or the risk of failure of a barrier or works critical to the safe operation of the regulating basin, notify the county sheriff and local emergency managers of all properties likely to be impacted by a failure, in accordance with the identification of those properties on the map submitted pursuant to subparagraph (A).

(f) For purposes of this section, the following definitions apply:

(1) “Licensed civil engineer” means a civil engineer licensed pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code.

(2) “Natural drainage” means a land area over which seasonal precipitation or natural spring water accumulates and is channelized directly into a stream or watercourse.

(3) “Regulating basin” means a reservoir constructed to impound and manage the inflow and delivery of water for agricultural uses or for the purpose of groundwater recharge or other actions undertaken to implement the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6).

history: (History: Amended by Stats. 2022, Ch. 943, Sec. 1. (AB 1164) Effective January 1, 2023.)


text: “Reservoir” means any reservoir which contains or will contain the water impounded by a dam.

history: (History: Added by Stats. 1965, Ch. 1225.)


citation: WAT § 6005

text:
“Owner” includes any of the following who own, control, operate, maintain, manage, or propose to construct a dam or reservoir:

(a)The state and its departments, institutions, agencies, and political subdivisions.

(b) Every municipal or quasi-municipal corporation.

(c) Every public utility.

(d) Every district.

(e) Every person.

(f) The duly authorized agents, lessees, or trustees of any of the foregoing.

(g) Receivers or trustees appointed by any court for any of the foregoing.

“Owner” does not include the United States.


citation: WAT § 6006

text: “Alterations,” “repairs,” or either of them, mean only such alterations or repairs as may affect the safety of the dam or reservoir.


citation: WAT § 6007

text: “Enlargement” means any change in or addition to an existing dam or reservoir, which raises or may raise the water storage elevation of the water impounded by the dam or reservoir.


citation: WAT § 6008

text: Water storage elevation means that elevation of water surface which could be obtained by the existing dam or reservoir, as previously operated, were there no outflow and were the reservoir full of water.


citation: WAT § 6009

text: “State jurisdictional dam” means a dam not wholly under the control of the federal government.

history: (History: Added by Stats. 2017, Ch. 26, Sec. 85. (SB 92) Effective June 27, 2017.)


citation: WAT § 6025

text: It is the intent of the Legislature by this part to provide for the regulation and supervision of dams and reservoirs exclusively by the State.

chapter: 2. General Provisions

path: 3. DAMS AND RESERVOIRS > 2. General Provisions


text:
(a) Notwithstanding any other provision, subject to subdivision (b), the requirements for state regulation and supervision of safety of dams, as contained in this division, shall not be applicable to waste water treatment and storage ponds constructed as a part of a waste water control facility.

(b) This section applies to those ponds specified in subdivision (a) only after the governing body of the city, county, district, or other agency which operates the waste water control facility adopts a resolution which (1) finds that the ponds have been constructed and operated to standards adequate to protect life and property, and (2) provides that the city, county, district, or other agency shall supervise and regulate the design, construction, operation enlargement, replacement, and removal of the ponds after the effective date of the resolution.

(c) This section applies only to ponds specified in subdivision (a) which (1) have a maximum height of 15 feet or less and a maximum storage capacity of 1,500 acre-feet or less, (2) have been designed by, and constructed under the supervision of, a registered civil engineer, and (3) are not across a stream channel or watercourse.

history: (History: Amended by Stats. 1984, Ch. 1027, Sec. 1.)


text:
(a) An owner of a structure defined as a dam pursuant to Section 6002, but excluded from that definition pursuant to subdivision (d) of Section 6004 or otherwise exempted from the requirements of this chapter pursuant to Section 6025.5, shall comply with the requirements of Section 6161 and shall employ a civil engineer who is registered in the state to supervise the structure for the protection of life and property for the full operating life of the structure.

(b) (1) The civil engineer supervising a dam pursuant to subdivision (a) shall take into consideration, in determining whether or not a dam constitutes, or would constitute, a danger to life or property, the possibility that the dam might be endangered by seepage, earth movement, or other conditions that exist, or might occur, in any area in the vicinity of the dam.

(2) If the civil engineer determines that a dam under his or her supervision constitutes, or would constitute, a danger to life or property, the civil engineer shall notify the owner of the dam and recommend appropriate action.

(c) The owner shall submit to the department the name, business address, and telephone number of each supervising civil engineer.

(d) The department shall submit the information provided pursuant to subdivision (c) to the Office of Emergency Services on or before January 1, 1995, and on or before each January 1 thereafter. Any change in the information shall be submitted to the department on or before July 1 of each year.

history: (History: Amended by Stats. 2017, Ch. 26, Sec. 86. (SB 92) Effective June 27, 2017.)


citation: WAT § 6026

text: No city or county has authority, by ordinance enacted by the legislative body thereof or adopted by the people under the initiative power, or otherwise, to regulate, supervise, or provide for the regulation or supervision of any dams or reservoirs in this state, or the construction, maintenance, or operation thereof, nor to limit the size of any dam or reservoir or the amount of water which may be stored therein. This part shall not prevent a city or county from adopting ordinances regulating, supervising, or providing for the regulation or supervision of dams and reservoirs that (a) are not within the state’s jurisdiction, or (b) are not subject to regulation by another public agency or body.


citation: WAT § 6027

text: Whenever supervision of safety of design or construction of a proposed or existing dam or reservoir is exercised by the United States or any of its agencies pursuant to a jurisdiction superior to that of the state, and the requirements made under authority of such jurisdiction are so contradictory with requirements made by the department under this part that a compliance cannot be made which will meet both federal and state requirements, then the state requirements shall be modified by the department sufficiently to make possible compliance with both federal and state requirements.


citation: WAT § 6028

text:
No action shall be brought against the state or the department or its agents or employees for the recovery of damages caused by the partial or total failure of any dam or reservior or through the operation of any dam or reservoir upon the ground that such defendant is liable by virtue of any of the following:

(a) The approval of the dam or reservoir.

(b) The issuance or enforcement of orders relative to maintenance or operation of the dam or reservoir.

(c) Control and regulation of the dam or reservoir.

(d) Measures taken to protect against failure during an emergency.


citation: WAT § 6029

text: Nothing in this part shall be construed to relieve an owner or operator of a dam or reservoir of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam or reservoir.


citation: WAT § 6030

text: The findings and orders of the department and the certificate of approval of any dam or reservoir issued by the department are final and conclusive and binding upon all state agencies, regulatory or otherwise, as to the safety of design, construction, maintenance, and operation of any dam or reservoir.


citation: WAT § 6031

text: Nothing in this part shall be construed to deprive any owner of such recourse to the courts as he may be entitled to under the laws of this State.


citation: WAT § 6032

text: If a dam is owned by one or more persons or entities, the owners shall form or delegate legal and financial authority to a single entity that is responsible for the operation and maintenance of the dam, as well as the payment of any fees or other costs associated with dam ownership.

history: (History: Added by Stats. 2017, Ch. 26, Sec. 87. (SB 92) Effective June 27, 2017.)


citation: WAT § 6052

text: The department shall employ such clerical, engineering, and other assistants as are necessary for carrying on the work of dam and reservoir supervision in accordance with this part.

chapter: 3. Administrative Provisions

path: 3. DAMS AND RESERVOIRS > 3. Administrative Provisions


citation: WAT § 6053

text: The department may employ consultants.


citation: WAT § 6054

text: When the safety and technical considerations pertaining to a certificate of approval, dam, reservoir, or plans and specifications require it, or when requested in writing to do so by the owner, the department shall appoint a consulting board of two or more consultants to report to the department on the safety features involved.


citation: WAT § 6055

text: The cost and expense of a consulting board if appointed on the request of an owner shall be paid by the owner.


citation: WAT § 6056

text: The department shall retain a board of three consultants who shall make an independent report to the director upon the issuance, modification, or renewal of any certificate of approval for any dam owned by the department.

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


citation: WAT § 6075

text: The department, under the police power of the state, shall supervise the construction, enlargement, alteration, repair, maintenance, operation, and removal of dams and reservoirs for the protection of life and property as provided in this part.

chapter: 4. Powers of the Department

article: 1. Powers in General

path: 3. DAMS AND RESERVOIRS > 4. Powers of the Department > 1. Powers in General


citation: WAT § 6076

text: All dams and reservoirs in the state are under the jurisdiction of the department.

article: 1. Powers in General


citation: WAT § 6077

text: It is unlawful to construct, enlarge, repair, alter, remove, maintain, or operate any dam or reservoir except upon approval of the department as provided in this part.

article: 1. Powers in General


citation: WAT § 6078

text: The department shall adopt and revise from time to time such rules and regulations and issue such general orders as may be necessary for carrying out, but not inconsistent with, the provisions of this part.

article: 1. Powers in General


citation: WAT § 6079

text: In carrying out the provisions of this part the department may cooperate with the United States or any of its agencies.

article: 1. Powers in General


citation: WAT § 6080

text: In making any investigations or inspections required or authorized by this part the department or its representatives may enter upon private property as may be necessary.

article: 1. Powers in General


citation: WAT § 6081

text: In determining whether or not a dam or reservoir or proposed dam or reservoir constitutes or would constitute a danger to life or property, the department shall take into consideration the possibility that the dam or reservoir might be endangered by seepage, earth movement, or other conditions which exist or which might occur in any area in the vicinity of the dam or reservoir. Whenever the department deems that any such condition endangers a dam or reservoir, it shall order the owner to take such action as the department determines to be necessary to remove the resultant danger to life and property.

article: 1. Powers in General


citation: WAT § 6100

text: Supervision over the maintenance and operation of dams and reservoirs insofar as necessary to safeguard life and property from injury by reason of the failure thereof is vested in the department.

article: 2. Maintenance and Operation

path: 3. DAMS AND RESERVOIRS > 4. Powers of the Department > 2. Maintenance and Operation


citation: WAT § 6101

text: The department may require owners to keep records of, and to report on, maintenance, operation, staffing, and engineering and geologic investigations and shall issue such rules and regulations and orders as necessary to secure maintenance and operation and to require staffing and engineering and geologic investigations which will safeguard life and property. In addition, the owner of a dam or reservoir or his agent shall fully and promptly advise the department of any sudden or unprecedented flood or unusual or alarming circumstance or occurrence affecting the dam or reservoir.

article: 2. Maintenance and Operation


citation: WAT § 6102

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

(a) The Division of Safety of Dams as part of the department inspects and reevaluates its jurisdictional dams and reservoirs for the purpose of determining their safety.

(b) Globally and nationally, there is recognition that, as with all aging infrastructure, there is an unmet need regarding dam maintenance and repairs. California needs to continue to lead efforts to address these unmet needs, and improve upon standards set by regulatory agencies to ensure public safety.

(c) In order to ensure the safe operation of dams and to maintain public confidence in dam safety, the Division of Safety of Dams must inspect dams within its jurisdiction once per fiscal year with the exception of low hazard potential dams which will receive inspections every two fiscal years at a minimum. California’s dam safety procedures must stay on par with, or ahead of, best practices and must continually update those procedures based on the best available knowledge.

(d) In order to ensure that the practices of the Division of Safety of Dams continue to reflect the best available knowledge, and in light of the recommendations arising from the independent Forensic Team’s review of the Oroville Dam spillway incident, the Division must consult with independent dam safety and dam safety risk management organizations to propose additions to the Division’s existing dam safety program in order to incorporate updated best practices to ensure public safety, as set forth in Section 6103.

history: (History: Repealed and added by Stats. 2018, Ch. 3, Sec. 2. (AB 1270) Effective February 26, 2018.)

article: 2. Maintenance and Operation


text:
(a) The department shall inspect dams, reservoirs, and appurtenant structures to verify their safety in accordance with the following schedule:

(1) A facility that has been determined by the department, pursuant to Section 6160, to have a hazard classification of significant, high, or extremely high, shall be inspected at least once per fiscal year.

(2) A facility that has been determined by the department, pursuant to Section 6160, to have a hazard classification of low shall be inspected at least once every two fiscal years.

(b) The department shall require owners to perform, at the owner’s expense, work as necessary to disclose information sufficient to enable the department to determine conditions of dams, reservoirs, and critical appurtenant structures regarding their safety and to perform, at the owner’s expense, other work necessary to secure maintenance and operation that will safeguard life and property. An inspection pursuant to subdivision (a) shall include, but is not limited to, visual inspection of major features of the dam, including its groins, abutments, and toe areas, the dam’s spillway, and the dam’s outlet works. The inspection shall also evaluate seepage and instrumentation, and include a review of available geological data and existing geological conditions.

(c) An owner of a dam shall operate critical outlet and spillway control features on an annual basis and shall demonstrate their full operability in the presence of the department every three years or as directed by the department.

(d) (1) Except as provided in paragraph (2), dam inspection reports conducted by the Division of Safety of Dams shall be public records subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

(2) (A) Notwithstanding paragraph (1), the department, in accordance with applicable law and in consultation with the dam owner and relevant local, state, or federal public safety entities, may withhold from public release sensitive data, images, or other information that discloses a dam’s vulnerability or poses a security threat.

(B) If the department withholds information pursuant to subparagraph (A), the department shall include in the public release a statement of findings that the withheld information would disclose a dam’s vulnerability or pose a security threat, as described in subparagraph (A).

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 429. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)

article: 2. Maintenance and Operation


citation: WAT § 6103

text:
(a) (1) On or before January 1, 2019, the Division of Safety of Dams, in consultation with independent, national dam safety and dam safety risk management organizations, including, but not limited to, the Association of State Dam Safety Officials and the United States Society on Dams, shall propose amendments to its dam safety inspection and reevaluation protocols to incorporate updated best practices, including risk management, to ensure public safety.

(2) Each proposed amendment, at minimum, shall provide an estimated range of potential cost to implement the new protocol and resulting required remediation, if any. The proposed amendments shall specify which dams the protocol applies to.

(3) The amendments proposed in paragraph (1) shall provide, at a minimum, that re-evaluations of extremely high hazard and high hazard dams include the review of the original design and construction, geotechnical, structural, hydraulic, hydrological, geologic, seismic hazard, monitoring and instrumentation, and overall dam performance, as applicable to the feature being re-evaluated.

(b) (1) Every ten years, the Division of Safety of Dams, in consultation with national dam safety organizations, shall reassess the previously adopted amendments and propose additional amendments as necessary. This section does not preclude more frequent revisions as needed.

(2) The department shall notify dam owners and the Legislature of the Division of Safety of Dams’ intent to update its dam safety inspection and reevaluation protocols prior to amending the protocols. The department shall also provide notice on its public Internet Web site of the planned update and the schedule for the update.

(3) The department shall make its dam safety inspection and reevaluation protocols and any updates to the protocols available on its Internet Web site.

(c) (1) The department shall report to the Governor and the Legislature on the amendments developed pursuant to subdivisions (a) and (b) and shall continue to coordinate with appropriate federal entities.

(2) A report to be submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

history: (History: Added by Stats. 2018, Ch. 3, Sec. 4. (AB 1270) Effective February 26, 2018.)

article: 2. Maintenance and Operation


citation: WAT § 6110

text:
The department shall immediately employ any remedial means necessary to protect life and property if either:

(a) The condition of any dam or reservoir is so dangerous to the safety of life or property as not to permit of time for the issuance and enforcement of an order relative to maintenance or operation.

(b) Passing or imminent floods threaten the safety of any dam or reservoir.

article: 3. Emergency Work

path: 3. DAMS AND RESERVOIRS > 4. Powers of the Department > 3. Emergency Work


citation: WAT § 6111

text:
In applying the remedial means provided for in this article, the department may in emergency do any of the following:

(a) Lower the water level by releasing water from the reservoir.

(b) Completely empty the reservoir.

(c) Take such other steps as may be essential to safeguard life and property.

article: 3. Emergency Work


citation: WAT § 6112

text: The department shall continue in full charge and control of such dam or reservoir, or both, and its appurtenances until they are rendered safe or the emergency occasioning the action has ceased.

article: 3. Emergency Work


citation: WAT § 6113

text: The cost and expenses of the remedial means provided in this article, including cost of any work done to render a dam or reservoir or its appurtenances safe, shall be recoverable by the state from the owner by action brought by the department in the superior court of the county wherein the dam or reservoir or any part thereof is situated.

article: 3. Emergency Work


citation: WAT § 6120

text: For the purpose of enabling it to make decisions as compatible with economy and public safety as possible the department shall make or cause to be made such investigations and shall gather or cause to be gathered such data as may be needed for a proper review and study of the various features of the design and construction of dams, reservoirs, and appurtenances.

article: 4. Investigations and Studies

path: 3. DAMS AND RESERVOIRS > 4. Powers of the Department > 4. Investigations and Studies


citation: WAT § 6121

text: The department shall also make or cause to be made such watershed investigations and studies as may facilitate its decisions.

article: 4. Investigations and Studies


citation: WAT § 6150

text: The department may commence an action or proceeding under this article, either by mandamus or injunction, for the purpose of stopping or preventing violations or threatened violations.

path: 3. DAMS AND RESERVOIRS > 4. Powers of the Department > 5. Action and Procedure to Restrain Violations


citation: WAT § 6151

text:
An action or proceeding under this article may be commenced whenever any owner or any person acting as a director, officer, agent, or employee of any owner, or any contractor or agent or employee of such contractor is:

(a) Failing or omitting or about to fail or omit to do anything required of him by this part or by any approval, order, rule, regulation, or requirement of the department under the authority of this part; or

(b) Doing or permitting anything or about to do or permit anything to be done in violation of or contrary to this part or any approval, order, rule, regulation, or requirement of the department under this part.

article: 5. Action and Procedure to Restrain Violations


citation: WAT § 6152

text: Any action or proceeding under this article shall be commenced in the superior court in and for the county in which (a) the cause or some part thereof arose, (b) the owner or person complained of has its principal place of business, or (c) the person complained of resides.


citation: WAT § 6153

text: Any action or proceeding under this article shall be brought by petition in the superior court, alleging the violation or threatened violation complained of, and praying for appropriate relief by way of mandamus or injunction.


citation: WAT § 6154

text: The court shall specify a time, not exceeding 20 days after the service of the copy of the petition, within which the owner or person complained of shall answer the petition, and in the meantime the owner or person may be restrained.


citation: WAT § 6155

text: In case of default in answer or after answer the court shall immediately inquire into the facts and circumstances of the case.


citation: WAT § 6156

text: The court may join such parties as it deems necessary or proper in order to make its judgment, order, or writ effective.


citation: WAT § 6157

text: The final judgment in such action or proceeding shall either dismiss the action or proceeding or direct that the writ of mandamus or injunction issue or be made permanent as prayed for in the petition, or in such modified or other form as will afford appropriate relief.


citation: WAT § 6160

text:
(a) An owner of a dam that is regulated by the state is responsible for emergency preparedness with regard to the potential for loss of life and property resulting from the failure of a dam, as defined in Section 6002, or a critical appurtenant structure, as defined in Section 6002.5.

(b) (1) Not later than July 1, 2017, the department shall classify the public safety risk of all state jurisdictional dams, based on downstream hazard potential and reviews of critical appurtenant structures, in accordance with, at a minimum, guidelines set forth by the Federal Emergency Management Agency. The department shall notify the owner of a dam of the hazard classification of the owner’s dam.

(2) The department may revise a dam’s classification to reflect changes in downstream population, critical infrastructure, and land use. The department shall notify the affected dam owner of any changes in the hazard classification of the owner’s dam.

(3) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the classification of the public safety risk by the department on or before July 1, 2017, pursuant to this section is not subject to review or approval by the Office of Administrative Law.

(c) The owner of a dam that is regulated by the state, except a dam classified by the department pursuant to subdivision (b) as low hazard, shall prepare an emergency action plan pursuant to Section 8589.5 of the Government Code.

(d) An owner of a dam that is jointly regulated by the state and the Federal Energy Regulatory Commission shall prepare an emergency action plan in accordance with Federal Energy Regulatory Commission guidelines.

history: (History: Added by Stats. 2017, Ch. 26, Sec. 88. (SB 92) Effective June 27, 2017.)

path: 3. DAMS AND RESERVOIRS > 4. Powers of the Department > 6. Inundation Maps and Emergency Planning


citation: WAT § 6161

text:
(a) (1) An owner of a state jurisdictional dam, except an owner of a dam classified by the department pursuant to Section 6160 as a low hazard dam, shall submit electronically to the department an inundation map that shows the area that would be subject to flooding under various failure scenarios unique to the dam and the critical appurtenant structures of the dam.

(2) Before approval of an inundation map, the department shall review the map and may require the owner to make changes that the department deems necessary.

(3) Upon approval of the inundation map or maps by the department, the owner of the dam shall develop and submit electronically to the department and the Office of Emergency Services an emergency action plan that is based upon the approved inundation map or maps.

(4) If an owner of a dam has an existing emergency action plan as of March 1, 2017, the department shall review any inundation map or maps contained in the plan. If the department determines the inundation map or maps are sufficient, as described in subparagraphs (A) or (B), the owner of the dam shall submit the emergency action plan associated with the inundation map or maps to the Office of Emergency Services to review the emergency action plan as follows:

(A) If an emergency action plan existing as of March 1, 2017, contains an inundation map for the dam and all critical appurtenant structures, if critical appurtenant structures exist, and the department determines that the inundation map or maps for the dam and all existing critical appurtenant structures are sufficient, the owner of the dam shall submit the complete emergency action plan reflecting all critical appurtenant structures to the Office of Emergency Services for review within 30 days of department approval.

(B) (i) If an emergency action plan existing as of March 1, 2017, contains an inundation map for the dam but not for all critical appurtenant structures, if critical appurtenant structures exist, the department shall review a map included in the existing emergency action plan for sufficiency. If the department approves the map, the owner of the dam shall submit the existing emergency action plan associated with the approved map to the Office of Emergency Services. The owner of the dam shall continue to prepare inundation maps with due diligence for any remaining critical appurtenant structures and submit the map or maps to the department for review and approval. The Office of Emergency Services may defer review and approval of the new or updated emergency action plan until the Office of Emergency Services has received inundation maps approved by the department for the dam and all critical appurtenant structures. If the Office of Emergency Services approves an emergency action plan when the owner of the dam is continuing to prepare inundation maps with due diligence pursuant to this subparagraph, an owner of a dam may use that emergency action plan that existed as of March 1, 2017, on an interim basis, pending approval of a new or updated emergency action plan that includes maps for the dam and all critical appurtenant structures.

(ii) For the purposes of this subparagraph, “due diligence” means that the owner of a dam is progressing toward completion of the inundation map or maps for all critical appurtenant structures according to a reasonable schedule proposed by the owner of the dam and approved by the department. When evaluating the time schedule proposed by the owner of the dam, the department may consider, among other relevant factors, the hazard classification of the dam, the number of critical appurtenant structure inundation maps that are outstanding, and the complexity of the failure scenarios. The owner of a dam shall submit a proposed time schedule to the department no later than 60 days after the effective date of the act that added this subparagraph. Failure to submit a proposed time schedule to the department or to comply with a time schedule approved by the department may result in the imposition of penalties, restrictions, or liens pursuant to Chapter 8 (commencing with Section 6425). After the department approves maps for the critical appurtenant structures, the dam owner shall submit a new or updated emergency action plan including the approved maps to the Office of Emergency Services within 60 days.

(b) (1) The Office of Emergency Services shall review and approve an emergency action plan no later than 60 days after receipt of the plan from the dam owner pursuant to Section 8589.5 of the Government Code. To the extent possible, the Office of Emergency Services shall give priority to a dam with the highest hazard classification as determined by the department pursuant to Section 6160.

(2) If the Office of Emergency Services determines a proposed emergency action plan does not meet the requirements of Section 8589.5 of the Government Code, the Office of Emergency Services shall inform the owner of the dam and require the owner of the dam to amend and resubmit the emergency action plan for approval. The Office of Emergency Services shall review and, if the emergency action plan meets the requirements of Section 8589.5 of the Government Code, approve a resubmitted emergency action plan within 30 days of receipt from the owner of the dam.

(3) Upon approval by the Office of Emergency Services of an emergency action plan, the Office of Emergency Services shall notify the department and the owner of the dam of the approval. The owner of the dam shall ensure that the approved emergency action plan is disseminated to appropriate public safety and emergency management agencies in potentially affected jurisdictions, to the extent these agencies want to receive approved emergency action plans.

(c) (1) The department shall make available to the public an approved inundation map and any schedule submitted pursuant to clause (ii) of subparagraph (B) of paragraph (4) of subdivision (a).

(2) Nothing in Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code shall be construed to require disclosure of an emergency action plan.

(d) (1) Pursuant to the classification by the department under Section 6160, an owner of a dam shall complete and submit an emergency action plan as follows:

(A) On or before January 1, 2018, if the hazard classification of the dam is extremely high.

(B) On or before January 1, 2019, if the hazard classification of the dam is high.

(C) On or before January 1, 2021, if the hazard classification of the dam is significant.

(2) An owner of a dam who has an existing emergency action plan as of March 1, 2017, that the department determines has a sufficient inundation map and that the Office of Emergency Services determines has a sufficient emergency action plan pursuant to paragraph (4) of subdivision (a) is not subject to the timelines set forth in paragraph (1).

(e) An owner of a dam shall update an emergency action plan, including an inundation map, no less frequently than every 10 years, and sooner under conditions that include, but are not limited to, the following:

(1) A significant modification to the dam or a critical appurtenant structure, as determined by the department.

(2) A significant change to downstream development that involves people and property.

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 430. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)

article: 6. Inundation Maps and Emergency Planning


citation: WAT § 6162

text: Any regulation promulgated pursuant to this article shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.


citation: WAT § 6200

text: Construction of any new dam or reservoir or the enlargement of any dam or reservoir shall not be commenced until the owner has applied for and obtained from the department written approval of plans and specifications.

chapter: 5. Applications

path: 3. DAMS AND RESERVOIRS > 5. Applications > 1. New Dams and Reservoirs or Enlargements of Dams and Reservoirs


citation: WAT § 6201

text: A separate application for each dam or reservoir shall be filed with the department upon forms to be provided by it, except that only one application need be filed for a dam and the reservoir which will contain the water impounded by the dam.

article: 1. New Dams and Reservoirs or Enlargements of Dams and Reservoirs


citation: WAT § 6202

text:
The application shall give the following information:

(a) The name and address of the owner.

(b) The location, type, size, and height of the proposed dam or reservoir and appurtenant works.

(c) The storage capacity of the reservoir.

(d) Such other pertinent information as the department requires.

(e) As accurately as may be readily obtained, the area of the drainage basin, rainfall and streamflow records and floodflow records and estimates.


citation: WAT § 6203

text:
The department may also require the following:

(a) Data concerning subsoil and foundation conditions and the materials entering into construction of the dam or reservoir.

(b) Investigations of, and reports on, subsurface conditions, involving such matters as exploratory pits, trenches and adits, drilling, coring, geophysical surveys, tests to determine leakage rates, and physical tests to measure in place the properties and behavior of foundation materials at the dam or reservoir site.

(c) Investigations of, and reports on, the geology of the dam or reservoir site and its vicinity, possible geologic hazards, availability and quality of construction materials, and other pertinent features.

(d) Such other appropriate information as may be necessary in a given instance.


citation: WAT § 6204

text: In instances wherein the physical conditions involved and the size of the dam or reservoir are such as to render the above requirements as to drainage areas, rainfall, streamflow, floodflow, and drilling or prospecting of site unnecessary, the department may waive the requirements.


citation: WAT § 6205

text: The application shall set forth the purpose for which the impounded or diverted water is to be used.


citation: WAT § 6206

text:
The application shall be accompanied by maps and plans and specifications of such character and size and setting forth such pertinent details and dimensions as the department requires.

The maps and plans and specifications shall be a part of the application.


citation: WAT § 6225

text: Before commencing the repair, alteration, or removal of a dam or reservoir, including the alteration or removal of a dam or reservoir so that it no longer constitutes a dam or reservoir as defined in this part, the owner shall secure the written approval of the department, except as provided in this article.

article: 2. Repairs, Alterations or Removals

path: 3. DAMS AND RESERVOIRS > 5. Applications > 2. Repairs, Alterations or Removals


citation: WAT § 6226

text: The application shall give such pertinent information or data concerning the dam or reservoir, or both, as may be required by the department and such information as to other matters appropriate to a thorough consideration of the safety of such a change as may be required by the department.

article: 2. Repairs, Alterations or Removals


citation: WAT § 6227

text: The application shall state the proposed time of commencement and of completion of construction.

article: 2. Repairs, Alterations or Removals


citation: WAT § 6228

text: The application shall give the name and address of applicant, shall adequately detail, with appropriate references to the existing dam or reservoir, the changes which it is proposed to effect, and shall be accompanied by maps and plans and specifications which shall be a part of the application and which shall be of such character and size and set forth such pertinent details and dimensions as the department may require. The department may waive any of the requirements of this section if found by it unnecessary.

article: 2. Repairs, Alterations or Removals


citation: WAT § 6229

text: In case of an emergency where repairs are necessary to safeguard life and property repairs may be started immediately, but the department shall be notified at once of proposed repairs and of work under way.

article: 2. Repairs, Alterations or Removals


citation: WAT § 6230

text: The proposed repairs and work shall be made to conform to such orders as the department issues.

article: 2. Repairs, Alterations or Removals


citation: WAT § 6250

text: Unless application for approval of the dam has heretofore been made, every owner of a dam completed prior to August 14, 1929 shall, immediately after the effective date of this part, file an application for the approval of such dam.

path: 3. DAMS AND RESERVOIRS > 5. Applications > 3. Dams Constructed Prior to August 14, 1929


citation: WAT § 6251

text: A separate application shall be made for each dam and shall be filed with the department upon forms to be supplied by it and shall supply such appropriate information concerning the dam as the department requires.

article: 3. Dams Constructed Prior to August 14, 1929


citation: WAT § 6252

text: The department shall give notice to file to owners who have failed to do so as required by this article, and a failure to file within 30 days after such notice shall be punishable as provided in this part.


citation: WAT § 6253

text: The notice provided for in this article may be given by registered mail and a return receipt signed by the owner shall constitute prima facie evidence of service.


citation: WAT § 6260

text: Upon receipt of any application other than an application provided for in Article 3 of this chapter the department shall give its consideration thereto and shall approve or disapprove the same within the time provided in this article.

article: 4. Approval of Applications

path: 3. DAMS AND RESERVOIRS > 5. Applications > 4. Approval of Applications


citation: WAT § 6261

text: A defective application made in a bona fide attempt to conform to the law and rules and regulations of the department shall not be rejected but notice of defect shall be sent to the applicant by ordinary and registered mail.

article: 4. Approval of Applications


citation: WAT § 6262

text: If within 30 days of the date of mailing the notice the applicant does not file an amended and perfected application, the application shall be rejected and canceled unless for good cause shown the department allows the applicant further time.

article: 4. Approval of Applications


citation: WAT § 6263

text: No application shall be approved in less than 10 days from its receipt but all applications shall be approved or disapproved as soon as practicable after the receipt of all data and information found necessary by the department.

article: 4. Approval of Applications


citation: WAT § 6264

text: Approvals may be granted under terms, conditions, and limitations necessary to safeguard life and property.

article: 4. Approval of Applications


citation: WAT § 6265

text: Actual construction shall be commenced within one year after date of approval, otherwise the approval becomes void.

article: 4. Approval of Applications


citation: WAT § 6266

text: The department may, upon written application and for good cause shown, extend the time for commencing construction.

article: 4. Approval of Applications


citation: WAT § 6267

text: Notice shall be given to the department at least 10 days before construction is to be commenced and such other notices shall be given to the department as it may require.

article: 4. Approval of Applications


citation: WAT § 6300

text:
(a) The application for a new dam or reservoir, or the enlargement, repair, alteration, or removal of an existing dam or reservoir, shall set forth the estimated cost, as defined in this article, of the new dam or reservoir, or the enlargement, repair, alteration, or removal of the existing dam or reservoir, and shall be accompanied by a filing fee based upon the estimated cost and according to the following schedule:

(1) For the first one million dollars ($1,000,000), a fee of 3.25 percent of the estimated cost.

(2) For the next four million dollars ($4,000,000), a fee of 2.5 percent.

(3) For the next fifteen million dollars ($15,000,000), a fee of 2 percent.

(4) For the next thirty million dollars ($30,000,000), a fee of 1.75 percent.

(5) For the next one hundred million dollars ($100,000,000), a fee of 1.25 percent.

(6) For the next three hundred fifty million dollars ($350,000,000), a fee of 0.75 percent.

(7) For all costs in excess of five hundred million dollars ($500,000,000), a fee of 0.5 percent.

(b) In no case, however, shall the minimum fee be less than one thousand dollars ($1,000).

(c) The fee schedule in subdivision (a) applies to complete applications, as described in Section 311 of Title 23 of the California Code of Regulations, received after June 30, 2023. Any complete applications received on or before June 30, 2023, shall comply with the filing fee requirements of subdivision (a) as that subdivision read on January 1, 2023.

(d) The estimated project cost may be amended by the dam owner and additional filing fees may be paid to the department up until the date that construction commences.

(e) The department shall annually adjust the fee schedule in subdivision (a) to reflect changes in the Consumer Price Index for goods and services published by the United States Bureau of Labor Statistics.

(f) The department shall adopt, by regulation, a process to adjust the fees to ensure the filing fees collected cover the department’s reasonable costs for application work, which may include, but is not limited to, design review and construction oversight.

(g) The department may refund filing fees paid by an owner pursuant to this section if requested by the owner. The department may adopt, by regulation, a methodology for determining the criteria and process for filing fee refunds requested by an owner.

history: (History: Amended by Stats. 2023, Ch. 51, Sec. 30. (SB 122) Effective July 10, 2023.)

chapter: 6. Fees

path: 3. DAMS AND RESERVOIRS > 6. Fees


citation: WAT § 6301

text: One filing fee only shall be collected for an enlargement to be effected by flashboards, sandbags, earthen levees, gates, or other works, devices, or obstructions which are, from time to time, to be removed and replaced or opened and shut and thereby operated so as to vary the surface elevation of the impounded water.

history: (History: Amended by Stats. 1969, Ch. 363.)


citation: WAT § 6302

text:
For the purposes of this part, the estimated cost of a new dam or reservoir, or the enlargement, repair, alteration, or removal of an existing dam or reservoir shall include all of the following:

(a) The cost of all labor and materials entering into the construction of the dam and appurtenant works or reservoir

(b) The cost of preliminary investigations and surveys.

(c) The cost of the construction plant properly chargeable to the cost of the dam or reservoir.

(d) The labor costs of the owner for preparing environmental documentation to meet the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

(e) Any and all other items entering directly into the cost of the dam or reservoir.

history: (History: Amended by Stats. 2023, Ch. 51, Sec. 31. (SB 122) Effective July 10, 2023.)


citation: WAT § 6303

text: The costs of right-of-way, detached powerhouses, electrical generating machinery, and roads and railroads affording access to the dam or reservoir shall not be included among the items used in the determination of cost.

history: (History: Amended by Stats. 1965, Ch. 1225.)


citation: WAT § 6304

text: An application shall not be considered by the department until at least 20 percent of the filing fee is received, unless the department, in its discretion, decides to consider the application. The application shall not be approved by the department until the filing fee is received in full.

history: (History: Amended by Stats. 2023, Ch. 51, Sec. 32. (SB 122) Effective July 10, 2023.)


citation: WAT § 6305

text: In the event the actual cost exceeds the estimated cost by more than 15 percent, a further fee shall be required by the department and shall be 115 percent of the amount by which the original fee is less than it would have been had the cost it was based upon been the same as the actual cost. No further fee shall be required, however, if that fee is to be computed at less than five hundred dollars ($500).

history: (History: Amended by Stats. 2023, Ch. 51, Sec. 33. (SB 122) Effective July 10, 2023.)


citation: WAT § 6306

text: Applications for dams found by the department to have been less than 90 per cent constructed on August 14, 1929, shall be accompanied by fees as much less than provided for dams commenced after the date as the percentage of construction found by the department to have been completed on that date.

history: (History: Enacted by Stats. 1943, Ch. 368.)


citation: WAT § 6307

text:
(a) (1) The department shall adopt, by regulation, a schedule of fees to cover the department’s reasonable regulatory costs in carrying out the supervision of dam safety, which may include, but is not limited to, the costs of reviewing an inundation map, the amounts necessary to repay budgetary loans, and a prudent reserve.

(2) The revenue generated by the fees imposed under this section shall be adjusted periodically for cost-of-living increases. If the director determines that the revenue collected during the preceding fiscal year was greater or less than the cost to operate the program, the director shall adjust the fees to compensate for the overcollection or undercollection of revenue. The department shall provide a schedule of fees to the Legislature and to every dam owner that has a permit or has applied for a permit, when any adjustment is made to the fees under this section.

(3) The schedule of fees adopted pursuant to this subdivision shall be based, in part, on the height of the dam on a per foot basis.

(b) A penalty plus interest, as set forth in subdivision (b) of Section 6428, may be imposed for fees received more than 30 days after the July 1 required date of payment in any year. This penalty does not apply to any supplemental billing issued by the department.

(c) For the purposes of this section, “height of the dam” means the vertical distance, to the nearest foot, from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the department, or from the lowest elevation of the outside limit of the barrier, as determined by the department, if it is not across a stream channel or watercourse, to the maximum possible water storage elevation.

(d) Notwithstanding subdivision (a), the department shall limit the total annual fee per dam if both of the following apply:

(1) The dam has a storage capacity of not more than 100 acre-feet.

(2) The governing body of a private school or the governing board of a public school certifies that the dam is used as a subject of study by its students.

(e) (1) Notwithstanding subdivision (a), the department shall limit the total annual fee for dams or reservoirs located on farms or ranch properties to no more than 20 percent of the fees assessed pursuant to subdivision (a).

(2) For purposes of this subdivision, “farm” has the same meaning as defined in Section 52262 of the Food and Agricultural Code.

(f) (1) Privately owned dams with less than 100 acre-feet of storage capacity shall be assessed an annual fee in accordance with paragraph (1) of subdivision (e).

(2) As used in this subdivision, “privately owned” does not include dams owned by municipalities, water districts or companies, irrigation districts, private, investor owned or publicly owned utilities, or public agencies.

(g) Any regulation promulgated pursuant to this section shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.

history: (History: Amended by Stats. 2019, Ch. 89, Sec. 1. (AB 487) Effective January 1, 2020.)


citation: WAT § 6308

text: All fees, penalties, interest, fines, or charges collected by the department under this division shall be deposited in the Dam Safety Fund, which is hereby established in the State Treasury. The money in that fund shall be available to the department, upon appropriation by the Legislature, for the administration of the dam safety program.

history: (History: Amended by Stats. 2003, Ch. 741, Sec. 93. Effective January 1, 2004.)


citation: WAT § 6309

text: The fees provided for in this chapter shall be required of any “owner,” as defined in Section 6005.

history: (History: Amended by Stats. 2003, Ch. 741, Sec. 95. Effective January 1, 2004.)