citation: WAT § 8677

text: All oil, gas, oil shale, coal, phosphate, sodium, gold, silver, and all other mineral deposits in the land are reserved to the State and shall be reserved from sale except on a rental and royalty basis. A purchaser of any of the land shall acquire no right, title, or interest in or to such deposit. The right of such purchaser shall be subject to the reservation of all oil, gas, oil shale, coal, phosphate, sodium, gold, silver, and all other mineral deposits, and to the conditions and limitations prescribed by law providing for the State and persons authorized by it to prospect for, mine, and remove such deposits, and to occupy and use so much of the surface of the land as may be required for all purposes reasonably extending to the mining and removal of such deposits therefrom. The provisions of this section shall not apply to any compromise agreement entered into with respect to such land, nor to grants of such land to the United States when such grants are authorized by law.

history: (History: Added by Stats. 1943, Ch. 489.)

article: 4. Lease and Sale of Property


kind: section

code: WAT

citation: WAT § 8678

text: Every lease, rental, letting or license to use real property owned in fee by the Sacramento and San Joaquin Drainage District, which is executed by the board shall be subject to the approval of the Director of General Services.

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

division: 5. FLOOD CONTROL

chapter: 3. Powers, Duties and Jurisdiction

article: 4. Lease and Sale of Property

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


citation: WAT § 8679

text:
Revenues, rents, and proceeds from sale of crops from lands under control of the board shall be paid into the State Treasury as follows:

(a) To the current appropriation for the support of the board as an abatement of the cost of producing or disposing of crops in such amounts as may be approved by the Department of Finance.

(b) The balance thereof to the credit of the General Fund.

history: (History: Added by Stats. 1953, Ch. 197.)

article: 4. Lease and Sale of Property


citation: WAT § 8685

text: The board may determine that any construction, repair work, maintenance, or operation of flood control works or structures shall be done by the department.

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

path: 5. FLOOD CONTROL > 3. Powers, Duties and Jurisdiction > 5. Cooperation Between Board and Department of Water Resources


citation: WAT § 8686

text: The plans and specifications for the work shall be prepared and approved by the board and delivered to the department with a request that the work be done by the department.

article: 5. Cooperation Between Board and Department of Water Resources


citation: WAT § 8687

text: The work shall be done under the sole charge and direct control of the department.


citation: WAT § 8688

text: The cost and expenses incurred by the department in connection with work under this article is a legal charge against the drainage district and shall be paid out of any applicable assessment or fund.


citation: WAT § 8689

text: Any contract let by the department for any work under this article shall be approved by the board before becoming effective.


citation: WAT § 8690

text: Any cash, bond, check or other security forfeited by any bidder or contractor for failure to enter into or to perform any contract for doing work under this article shall be forfeited to and recovered by the board for the use of the drainage district.

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


citation: WAT § 8691

text: Any forfeiture, as soon as received or recovered, shall be paid to the State Treasurer and placed to the credit of the assessment out of which the cost of the work is to be paid.


citation: WAT § 8692

text: The board may furnish to the department any of its dredges, machines, appliances, tools, apparatus or other property which may be necessary or convenient for performing work delegated to the department.


citation: WAT § 8693

text: The department shall advise and assist the board.


citation: WAT § 8694

text: The department shall be reimbursed by the board for any necessary expenses incurred by it under the direction of the board.


citation: WAT § 8695

text: The department may at its option appoint the chief engineer of the board to act also as its assistant in the performance of the duties required of it by this article.


citation: WAT § 8696

text: The compensation of the chief engineer while acting also as assistant to the department shall be apportioned as may be agreed upon between the board and the department.


citation: WAT § 8697

text: All maps, records and engineering data prepared or obtained by the department for the use of the board shall be deposited in the office of the board and remain part of its records.


citation: WAT § 8698

text: It is the intent of the Legislature that the board shall cooperate with the department in all matters of mutual concern to the fullest extent practicable.

history: (History: Repealed and added by Stats. 1957, Ch. 1932.)


citation: WAT § 8700

text:
(a) It is unlawful for any person or public agency to interfere with, obstruct the performance, maintenance, or operation of, or otherwise take actions that may adversely affect facilities of the State Plan of Flood Control, designated floodways, or streams that are regulated by the board.

(b) The board, executive officer, department, and local agencies that operate and maintain facilities and works on behalf of the board shall have the authority, as set forth in this article, to take administrative or civil enforcement actions to abate and remedy any interference or potential interference proscribed by subdivision (a).

history: (History: Repealed and added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)

path: 5. FLOOD CONTROL > 3. Powers, Duties and Jurisdiction > 6. Enforcement of Unauthorized Activities and Encroachments


citation: WAT § 8701

text:
(a) If the board or the executive officer determines that any person or public agency has undertaken, is threatening to undertake, or maintains any encroachment, flood system improvement, or activity in violation of this part, the board or the executive officer may issue a notice of violation to the person or public agency responsible for the encroachment, flood system improvement, or activity.

(b) The department or a local agency may issue a notice of violation pursuant to subdivision (a) for facilities within the board’s jurisdiction that the department or local agency operates and maintains if the board delegates the agency that authority. This subdivision shall not require the department or local agency to accept that delegation of authority.

(c) A notice of violation shall include all of the following:

(1) A statement describing the activity, failure to act, flood system improvement, or encroachment that constitutes a violation of this article, including the sections of this part or board regulations that are being violated.

(2) A statement of whether the activity, flood system improvement, or encroachment may be eligible for a permit from the board.

(3) The corrective actions that shall be taken within a specified time period.

(4) Whether the person or public agency may correct the violation without obtaining prior approval from the board or executive officer, or whether prior approval from the board or executive officer must be obtained prior to taking a corrective action.

(5) A statement that the notice of violation shall be referred to the board and that the failure to take the requested actions within the time specified may subject the person or public agency to a cease and desist order and the imposition of further remedial and enforcement actions, including, but not limited to, correction of the violation by the board at the person’s or public agency’s expense and penalties.

(6) The name, address, and telephone number of the state or issuing agency that may be contacted for further information.

(d) The notice of violation shall be served in accordance with Section 8703 and a copy transmitted to the executive officer within five calendar days of its issuance. The board or the executive officer may amend the notice of violation, and, once served in accordance with Section 8703, the amended notice of violation shall supersede any notice of violation previously issued for the same violation.

article: 6. Enforcement of Unauthorized Activities and Encroachments


text:
(a) If the board or executive officer determines that any person or public agency has failed to adequately respond to a notice of violation, the board or executive officer may issue an order directing that the person or public agency to whom the notice of violation was issued to cease and desist.

(b) The board or executive officer may, within its discretion, issue a cease and desist order without first issuing a notice of violation in cases where the board or executive officer finds that issuance of a notice of violation would be futile, would result in unreasonable delay, or would be unlikely to invoke a timely response. In the event the board or executive officer issues a cease and desist order without first issuing a notice of violation, the cease and desist order shall contain the information required under subdivision (c) of Section 8701.

(c) A cease and desist order shall do all of the following:

(1) Include a copy of the notice of violation.

(2) Be effective upon its issuance and served immediately pursuant to Section 8703.

(3) Require that the corrective actions described in the notice of violation be completed within a specified time period or the person or public agency shall be subject to an enforcement order pursuant to Section 8701.4.

(4) Provide a date, time, and location of a public meeting before the board at which the person or public agency may appear to contest the cease and desist order.

(d) The meeting noticed pursuant to paragraph (4) of subdivision (c) shall be consistent with all of the following:

(1) The meeting shall be scheduled to occur at least 30 days after issuance of the cease and desist order and shall be held pursuant to the provisions of this part and regulations adopted by the board.

(2) At the meeting, the board may affirm, amend, modify, stay, or rescind the cease and desist order.

(3) If a person or public agency subject to a cease and desist order fails to appear at the meeting, the cease and desist order may be approved by default.

history: (History: Added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)


text:
(a) If the board or executive officer determines that any person or public agency has failed to correct a violation as outlined in a cease and desist order, the board shall hold an enforcement hearing to consider the issuance of an enforcement order.

(b) The enforcement hearing shall comply with all of the following:

(1) Notice of the hearing, issued pursuant to Section 8703, shall be provided at least 30 days before the hearing is scheduled to occur, unless it is determined that the public interest necessitates a shorter notice period.

(2) Notice of the hearing shall include a proposed enforcement order, including any proposed administrative penalties.

(3) The hearing shall be held pursuant to the provisions of this part and regulations adopted by the board.

(4) If the person or public agency subject to the cease and desist order fails to appear at the hearing, the right to a hearing will be deemed waived.

(c) At the conclusion of the hearing, the board may approve, amend, or reject the proposed enforcement order and thereby take any and all of the following actions:

(1) Order the removal, modification, or abatement of the encroachment, flood system improvement, or activity causing a violation of this part.

(2) Order the restoration of the site.

(3) Impose and require the payment of administrative penalties as set forth in Section 8704.

(4) Order the recording of the enforcement order with the office of the county recorder of the county in which the property associated with the violation is located.

(5) Initiate a civil action in the name of the state for mandamus, injunction, civil penalties, or other appropriate remedy authorized by law.

(6) Order any other actions or conditions as the board may determine are necessary to resolve the violation and ensure compliance with this part.

(d) The enforcement order shall state any necessary findings and shall be served immediately pursuant to Section 8703.

(e) A person or public agency against which the board has issued an enforcement order may seek judicial review of the enforcement order pursuant to Section 8579. The enforcement order shall be deemed effective upon issuance.

(f) If the board orders removal, modification, abatement, or restoration pursuant to this part, the board, its contractor, or its designee may conduct the work, the costs of which shall be collected from the responsible person or public agency by whatever legal remedy is available, including, but not limited to, the placement of a lien on the property owned by the person or public agency responsible for the violation pursuant to Section 8704.2. Removal, modification, abatement, or restoration actions shall not be taken by the board until after the time for judicial review has passed.

(g) If the board orders the enforcement order to be recorded with the office of the county recorder, the executive officer shall issue a certificate of abatement to the person or public agency against whose property the enforcement order was recorded when the enforcement action has been fully resolved, including the payment of any costs and penalties. The person or public agency may, at the owner’s expense, record the certificate with the office of the county recorder.

(h) This section does not authorize the issuance of an enforcement order as to any lawful activity undertaken by a public agency pursuant to Section 8708.


citation: WAT § 8702

text:
(a) The board, following notice and opportunity for a hearing, may order the removal or modification of an encroachment that was previously issued a permit by the board if the board makes one of the following findings based on substantial evidence:

(1) The encroachment presents an imminent threat to the structural integrity of the levee, channel, flood control work, or other facility of the State Plan of Flood Control.

(2) The encroachment significantly impairs the functional capability of the levee, channel, flood control work, or other facility of the State Plan of Flood Control to fulfill its particular intended role in the overall flood control plan.

(3) The encroachment is not in conformance with state law, board regulations, or, in the case of facilities of the State Plan of Flood Control, the standards and regulations of the Secretary of the Army.

(b) Routine maintenance by the board, the executive officer, the department, or local agencies that operate and maintain facilities and works on behalf of the board that includes the removal or modification of abandoned property, fences, gates, and vegetation on a levee or other flood control structure shall not be subject to this section.

(c) The removal or modification of previously permitted encroachments shall not be subject to administrative or civil penalties pursuant to Section 8704 or 8704.1.

(d) If the board orders the removal or modification of a previously permitted encroachment, the permit for the encroachment shall be modified or revoked accordingly.

(e) Nothing in this section shall be construed to alter an individual’s right to compensation that may otherwise exist at law or any rights an individual has under the Constitution of the state or the United States.


citation: WAT § 8703

text:
Notice and service required by this article shall be provided to the person or public agency believed to be responsible for the violation and the owner of the property on which the violation occurred or is threatened to occur by one of the following means:

(a) Hand delivery.

(b) Certified mail.

(c) If the person or agency cannot be reached or reasonably notified pursuant to subdivision (a) or (b), by placing a copy of the notice or order on the encroachment or property.


citation: WAT § 8704

text:
(a) Civil penalties may be imposed by a court of competent jurisdiction against any person or public agency that undertakes an activity, flood system improvement, or encroachment that is in violation of this part or that is inconsistent with any permit, cease and desist order, or enforcement order previously issued by the board or executive officer in an amount not less than five hundred dollars ($500) and not greater than thirty thousand dollars ($30,000).

(b) In addition to any other penalties, civil penalties may be imposed by a court of competent jurisdiction against any person or public agency that intentionally and knowingly undertakes an activity, flood system improvement, or encroachment that is in violation of this part or that is inconsistent with any permit, cease and desist order, or enforcement order previously issued by the board or executive officer in an amount that shall not be less than one thousand dollars ($1,000) or more than fifteen thousand dollars ($15,000) per day for each day in which the violation persists.

(c) In determining the amount of liability pursuant to subdivisions (a) and (b), the following factors shall be considered:

(1) The nature, circumstance, extent, and gravity of the violation.

(2) Whether the violation is susceptible to removal, modification, abatement, restoration, or other remedial measures.

(3) Whether the function of the levee, channel, or other flood control work is affected by the violation.

(4) The cost to the state of bringing the action.

(5) With respect to the person or public agency responsible for the violation, any voluntary remedial measures undertaken, any prior history of violations, the degree of culpability, economic profits, if any, resulting from, or expected to result as a consequence of, the violation, and other matters deemed relevant.

(d) Civil penalties may be imposed by a court of competent jurisdiction against any person or public agency that intentionally or negligently violates any cease and desist order issued, reissued, or amended by the board, or any enforcement order issued, reissued, or amended by the board in an amount that shall not exceed six thousand dollars ($6,000) for each day in which that violation persists. Any actual penalty imposed shall be reasonably proportionate to the damage suffered as a consequence of the violation.


text:
(a) Administrative penalties may be imposed by the board in the same manner as civil penalties described in Section 8704, upon an enforcement hearing and issuance of an enforcement order pursuant to Section 8701.4, but shall not be less than five hundred dollars ($500) or exceed fifty thousand dollars ($50,000) for a single violation.

(b) In imposing penalties, the board shall express its rationale for the amount and specifically address the factors listed under subdivision (c) of Section 8704.

(c) Any penalties imposed shall be paid within 60 days.

(d) A person or public agency shall not be subject to both civil and administrative penalties for the same violation.

(e) After the time for judicial review pursuant to Section 8579 has passed, the board may apply to the clerk of the appropriate court in the county in which the administrative penalties were imposed for a judgment to collect the penalties assessed. The application, which shall include a certified copy of the board action, constitutes a sufficient showing to warrant issuance of the judgment. The clerk shall enter judgment immediately in conformity with the application. The judgment so entered has the same force and effect, and is subject to all the provisions of law relating to, a judgment in a civil action and may be enforced in the same manner as any other judgment of the court in which it is entered.


text:
(a) Pursuant to subdivision (f) of Section 8701.4, the board or the board’s designee shall have the authority to record a lien with the county recorder in the county of this state where the person’s or agency’s property responsible for the violation is located, to recover any and all of the following:

(1) Costs incurred in abating, removing, and restoring a violation, including, but not limited to, costs incurred in seeking modification, removal, abatement, or restoration pursuant to this part.

(2) Costs incurred in the summary abatement of emergencies.

(3) Attorney’s fees associated with actions to enforce this part.

(b) A lien recorded pursuant to this section shall have the same force, effect, and priority as a judgment lien.

(c) Before recording a lien, the board shall provide notice and an opportunity for a hearing to contest the amount of the lien.

(1) Notice shall be provided at least 20 days before the hearing pursuant to Section 8703.

(2) The hearing required by this section may be satisfied by an enforcement order hearing pursuant to Section 8701.4 or, in the summary abatement of emergencies, a hearing pursuant to Section 8708.

history: (History: Amended by Stats. 2014, Ch. 489, Sec. 2. (SB 1345) Effective January 1, 2015.)


text: The remedies provided by this article are not exclusive of, but shall be concurrent with and in addition to, any other remedy, penalty, or sanction that may exist by law, civil or criminal. The board may enforce compliance with the provisions of this article by mandamus, mandatory injunction, or by any other appropriate remedy authorized by law. The action or proceeding may be commenced and maintained by the board in the name of the state.


citation: WAT § 8705

text: The Flood Risk Management Fund is hereby established in the State Treasury. All funds received from fees pursuant to Section 8535 and from penalties pursuant to this article shall be paid into the fund. Upon appropriation by the Legislature, the moneys in the fund shall be expended by the board to carry out enforcement pursuant to this part, including the costs of the modification, removal, abatement, or restoration of violations and related litigation, or to carry out any type of service for which it charges fees pursuant to Section 8535.

history: (History: Amended by Stats. 2024, Ch. 72, Sec. 68. (SB 156) Effective July 2, 2024.)


citation: WAT § 8706

text: The board may maintain actions in the name of the state to compel by injunction the owner or owners of any bridge, trestle, wire line, viaduct, embankment, or other structure or obstruction that shall be intersected, traversed, or crossed by any bypass, drainage canal, channel, or overflow channel to construct or alter any structure in order to offer a minimum of obstruction to the free flow of water. In the case of existing works, the board may compel the removal or alteration of structures or obstructions that impede the free flow of water.


text: Any activity that does or may interfere with, obstruct the performance, maintenance, or operation of, or otherwise adversely affect facilities of the State Plan of Flood Control, designated floodways, or streams that are regulated by the board constitutes a public nuisance, and the board may commence and maintain a suit in the name of the people of the state for the prevention or abatement of that nuisance.


citation: WAT § 8707

text: If the board or Attorney General prevails in a civil action to enforce this part, or if a local agency prevails in a civil action to seek abatement costs under subdivision (c) of Section 8708 or modification, removal, abatement, or restoration costs as the board’s designee under subdivision (f) of Section 8701.4, the board, Attorney General, or local agency shall be awarded attorney’s fees and costs, including, but not limited to, any fees and costs incurred by its agents.


citation: WAT § 8708

text:
(a) Nothing in this article shall be construed to prevent the department, the board, the executive officer, or a levee-maintaining agency from taking any action to prevent an imminent failure of a levee, channel, floodway, stream bank, or flood control feature, or other emergency action necessary to protect the public welfare.

(b) To the extent emergency action is required that involves the removal, modification, or abatement of an encroachment, flood system improvement, or activity maintained by an individual or public agency, the individual or public agency may request a hearing before the board within 30 days after the action has been commenced.

(c) After a public hearing, by request or by its own motion, the entity that has carried out the abatement functions pursuant to this section may seek reimbursement of its abatement costs and may pursue any legal remedies available to recover its costs, including imposing a lien pursuant to Section 8704.2.


citation: WAT § 8709

text: The board shall adopt emergency regulations necessary to implement this article in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of emergency regulations shall be deemed an emergency that calls for the immediate action to avoid serious harm to the public peace, health, safety, or general welfare.


citation: WAT § 8710

text: Every plan of reclamation, flood control, drainage, improvement, dredging or work, that includes or contemplates the construction, enlargement, revetment or alteration of any levee, embankment, canal or other excavation in the bed of or along or near the banks of the Sacramento or San Joaquin Rivers or any of their tributaries or connected therewith, or upon any land adjacent thereto, or within any of the overflow basins thereof, or upon any land susceptible to overflow therefrom, shall be approved by the board before construction is commenced.

history: (History: Amended by Stats. 1945, Ch. 233.)

article: 7. Approval of Plans

path: 5. FLOOD CONTROL > 3. Powers, Duties and Jurisdiction > 7. Approval of Plans


text: The provisions of Section 8710 shall not apply to any work of interior irrigation or drainage upon reclaimed land, which work is not actually on, through, or adjoining any flood control works under the jurisdiction of the board.

history: (History: Added by Stats. 1957, Ch. 1707.)

article: 7. Approval of Plans


text: Whenever any irrigation, drainage, levee, or flood control district makes application for the approval required by the next preceding section, all of the provisions of Division 15, Part 6, Chapter 2 of the Water Code which relate to works of reclamation by reclamation districts within the Sacramento and San Joaquin Drainage District shall be applicable to the works of such irrigation, drainage, levee, or flood control district.

history: (History: Amended by Stats. 1953, Ch. 319.)

article: 7. Approval of Plans


citation: WAT § 8711

text: Any such plan is void until approved by the board, and no work shall be done without the permission of the board.

article: 7. Approval of Plans


citation: WAT § 8712

text: No levee along a river or by-pass at any of the places mentioned in this article, nor any levee forming part of any of the plans of flood control adopted by this part or by the board, shall be cut or altered without permission of the board.

article: 7. Approval of Plans


citation: WAT § 8713

text: The owner of any existing levee at any of the places mentioned in this article may raise, widen, or strengthen the levee, if before work is commenced, the plans, specifications and method of construction are submitted to and approved by the board, and the work is done subject to the supervision of the board.

article: 7. Approval of Plans


citation: WAT § 8714

text: No claim shall ever be made against the board or the drainage district for compensation, through or by assessment or otherwise, for any part of the work under Section 8713 in excess of the requirements of the plan of flood control for that locality finally adopted and approved by the board.

article: 7. Approval of Plans


citation: WAT § 8715

text: Any existing levee may be protected or strengthened in case of emergency during the season of flood water, where it is in danger of injury or destruction from flood water.

article: 7. Approval of Plans


citation: WAT § 8716

text: Notice of emergency work shall be immediately given to the board.

article: 7. Approval of Plans


citation: WAT § 8717

text: All emergency work shall be subject to the subsequent approval of the board, and the board may require its removal or alteration if not approved.

article: 7. Approval of Plans


citation: WAT § 8718

text: No levee, embankment or other structure within any by-pass or overflow channel adopted by the board shall be raised, widened, strengthened or altered without permission of the board.

article: 7. Approval of Plans


citation: WAT § 8719

text: The doing of any act or construction of any work mentioned in this article, or permitting the work to remain after such construction, without the permission of the board and in violation of any of the provisions of this article, is a public nuisance, and the board may commence and maintain suit in the name of the people of the State for the prevention or abatement of the nuisance.

article: 7. Approval of Plans


citation: WAT § 8720

text: Any person who does any act contrary to or in violation of any of the provisions of this article is guilty of a misdemeanor.

article: 7. Approval of Plans


citation: WAT § 8721

text: Any plans or specifications adopted or approved by the board for any work to be done pursuant to this part may be changed or altered, with the consent of the board, at any time before commencement or during progress of the work.

article: 7. Approval of Plans


citation: WAT § 8722

text: The board may at any time change or alter the plans or specifications for work undertaken upon its own initiative.

article: 7. Approval of Plans


citation: WAT § 8723

text:
The board may refuse to approve any such plan if in the judgment of the board the plan will or may

1. Be injurious to or damage any works necessary to any plan of flood control adopted by the board or the Legislature, or

2. Interfere with the successful execution, functioning or operation of any plan of flood control adopted by the board or the Legislature.

history: (History: Added by Stats. 1945, Ch. 234.)

article: 7. Approval of Plans


citation: WAT § 8730

text: Any hearing before the board may be conducted upon sworn testimony of the applicants or witnesses except in the case of reports or investigations made by the members, employees or special advisers of the board.

chapter: 4. Hearings, Depositions and Notices

path: 5. FLOOD CONTROL > 4. Hearings, Depositions and Notices


text:
The board shall acknowledge the receipt of all applications in writing within 10 days of receipt. All applications shall be acted upon within 90 days of receipt, except that applications subject to the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code shall be acted upon within 180 days of receipt. Applicants may waive the requirement that applications be acted upon within such period.

This section shall not apply to emergency permits.

history: (History: Added by Stats. 1976, Ch. 141.)


text:
Applicants shall be informed of the staff recommendations concerning the application at least seven days prior to being acted upon.

This section shall not apply to emergency permits.


text:
Applicants shall identify the names and addresses of contiguous landowners. Contiguous landowners so identified shall be informed of pending applications and their content and shall be informed of the staff recommendations concerning the application.

This section shall not apply to emergency permits.


citation: WAT § 8731

text: The board may meet at any place in the State for a hearing or partial hearing of any application coming before it.


citation: WAT § 8732

text: The board may hold a hearing or partial hearing before a committee of one or more members of the board, before a qualified neutral hearing officer designated by the board president, or before the executive officer or chief engineer of the board, at any place within the state.

history: (History: Amended by Stats. 2013, Ch. 639, Sec. 4. (SB 753) Effective January 1, 2014.)


text: All hearings or partial hearings shall be open and public.

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


citation: WAT § 8733

text: The hearing officer shall take and report the evidence to the board.


citation: WAT § 8734

text: The board may require the applicant to pay all or part of the expenses of any outside hearing, if held at the request of the applicant.


citation: WAT § 8735

text: The expenses shall include traveling expenses of the members, officers or employees of the board, expenses of stenographic reporting and transcribing evidence taken at the hearing, and a proportionate allowance, according to their usual rate of compensation, for the time of the members, officers and employees of the board required for the hearing.


citation: WAT § 8736

text: All money collected as compensation for the time of the members, officers or employees of the board shall be paid by the board into the State Treasury and credited to the balance remaining unexpended of any appropriation or assessment available for the general administrative expenses of the board.


citation: WAT § 8737

text: The board may provide for the taking at any place of the deposition under oath of any witness for or against any application pending before the board.


citation: WAT § 8738

text: The deposition shall be taken before a notary public or other officer or person authorized by law or by this part to administer oaths.


citation: WAT § 8739

text: The deposition shall be certified and returned to the office of the board in the manner provided by law for certifying and returning depositions in civil actions.


citation: WAT § 8740

text: When taken and certified pursuant to this article the deposition may be read in evidence before the board at the hearing of the application.


citation: WAT § 8741

text: An affidavit may be used to prove the service or publication of any notice required or provided for by any of the provisions of this part in the same manner and to the same extent as provided for in Sections 2009 to 2015, inclusive, of the Code of Civil Procedure, and the affidavit shall be received as prima facie evidence of the service or publication in any court or elsewhere.


citation: WAT § 8742

text: In addition to the notices required by this part, the board may in its discretion give such notice as it may deem proper, by publication, mailing or otherwise, of any of its assessments, orders, proceedings, hearings or other acts done or contemplated.


citation: WAT § 8750

text: Whenever in the opinion of the board it is necessary to levy an assessment upon any lands within the drainage district for any of the purposes specified in this chapter, the board shall adopt plans and make careful estimates of the costs and expense.

chapter: 5. Assessments

article: 1. In General

path: 5. FLOOD CONTROL > 5. Assessments > 1. In General


citation: WAT § 8751

text:
The estimate shall include the following:

(a) The expenses of bonding the assessment if authorized by law, other than an assessment to pay the costs and expenses necessary for the maintenance, repair, and operation of its existing works of reclamation and flood control.

(b) The costs and expenses necessary for the completion, maintenance, and operation of any project adopted by the board prior to April 1, 1923.

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

article: 1. In General


citation: WAT § 8752

text: The plans to be carried out shall be divided by the board into separate projects or units in such manner as will in its judgment best facilitate the levying of assessments for each particular project or unit in a just and equitable manner, according to benefits upon the lands in the district affected by the project or unit.

article: 1. In General


citation: WAT § 8753

text: Each separate and particular project or unit shall include all by-passes, cuts, canals, sumps, levees, pumping plants and other works of flood control and drainage necessary to properly conduct the water of any stream, natural or otherwise, the outlet of which has been intercepted by the construction of any levee or embankment included in the project or unit into a by-pass.

article: 1. In General


citation: WAT § 8754

text: The board shall enter in the minutes of the board a resolution to the effect that the execution of each separate project or unit which they determine upon is a public necessity.

article: 1. In General


citation: WAT § 8755

text: Each project or unit shall be designated by the board in the resolution by name and number.

article: 1. In General


citation: WAT § 8756

text: All assessments, plans and funds intended for or connected with the execution of each project or unit shall be designated by name and number and kept separate and used only for the purpose of carrying out the particular project or unit.

article: 1. In General


citation: WAT § 8757

text: In determining the benefits that will or may accrue to each particular tract of land by the construction or maintenance of the works contemplated by any project or unit, the works of the project or unit shall be considered as a whole and land shall be assessed for the works embraced in the project or unit only in the proportion that it will or may be benefited by the construction of the entire works embraced in the project or unit.

article: 1. In General


citation: WAT § 8758

text: No land shall be considered as benefited by the construction or maintenance of the works embraced in a project or unit, nor shall any land be assessed for the expense of the construction or maintenance of the project or unit, because the land has been or may be first endangered or flooded, or the natural drainage thereof obstructed by the construction or maintenance of any part or portion of the works embraced in the project or unit prior to the completion of the construction of the entire works embraced in the project or unit.

article: 1. In General


citation: WAT § 8759

text: Whenever an assessment has been levied by the board upon land in the district for general administrative expenses and other expenses not pertaining to any particular project, and the boundaries of the district have been or shall be extended so as to include land other than the land included within the district at the time the assessment was levied, the board shall make an estimate of the fair and equitable amount which should be contributed by the land included by the change of boundaries for the purposes of the assessment previously levied.

article: 1. In General


citation: WAT § 8760

text: The board shall levy and cause to be assessed, equalized and collected in the manner provided in this part, an assessment to the amount of the estimate upon land included in the district by the change of boundaries, according to benefits in the manner provided in this part.

article: 1. In General


citation: WAT § 8761

text: Whenever in the opinion of the board it appears that the total amount of any assessment previously levied and assessed and which has become a lien upon land in the drainage district, including assessments which have been bonded pursuant to the provisions of Part 5 of this division, is greater than required to meet all obligations incurred or to be incurred for the purposes for which the assessment was levied, the board may by resolution entered in its minutes, order the release of the lien of and abandonment of any part of the charges against any tract so assessed not required to be collected.

article: 1. In General


citation: WAT § 8762

text: The portions of the assessment to be first abandoned and released shall be such portions of the charges on each tract as are based upon flood control benefits or by-pass severance as those terms are defined in, and determined by the assessors appointed by the reclamation board, pursuant to the provisions of this chapter.

article: 1. In General


citation: WAT § 8763

text: No assessment upon any tract shall be released or abandoned in pursuance to Section 8761 until all delinquent installments which have accrued thereon, together with interest and penalties, have been paid in full and a copy of the resolution certified by the secretary of the board and attested with its seal has been deposited in the office of the county treasurer of each county wherein any land affected by the assessment is situated.

article: 1. In General


citation: WAT § 8764

text: The resolution shall be annexed by the county treasurer to the assessment list of the assessment for his county.

article: 1. In General


citation: WAT § 8765

text: When any payment has been made upon an assessment so abandoned and released, in whole or in part, the board may issue such warrants in the manner provided in this part as are necessary to secure a just, fair and equitable readjustment of the assessment so paid, but the reclamation board shall not take any action after June 30, 1944, to cause warrants to be issued for such readjustment of Sutter-Butte By-pass Assessment No. 6 and any action or proceeding brought to secure such readjustment of said Sutter-Butte By-pass Assessment No. 6 or to require the issuance of any warrant or payment of any money in connection with such readjustment of Sutter-Butte By-pass Assessment No. 6 must be commenced before January 1, 1945.

article: 1. In General


citation: WAT § 8766

text: The board may in its discretion abandon any assessment in whole or in part at any time prior to the time when the lien of the assessment has accrued to the extent that the assessment is greater than required to meet the obligations incurred or to be incurred thereon.

article: 1. In General


citation: WAT § 8767

text: In all cases in which an assessment is levied upon land within the drainage district, and the assessment upon any tract is thereafter adjudged invalid by any court of competent jurisdiction, or, for any reason, the tract is not legally charged with the assessment, the tract shall be charged in any subsequent assessment with such proportion of the former assessment as the benefits derived by the land from the purposes for which the former assessment was levied bears to the whole amount of the former assessment.

article: 1. In General


citation: WAT § 8768

text: Instead of proceeding under the next preceding section a subsequent reassessment of the tract may be made separately for the purpose of charging the land with its proper proportion of the assessment.

article: 1. In General


citation: WAT § 8769

text: In case of any change of county boundary lines or creation of any new county, all acts and proceedings provided for in this chapter relating to any assessment upon land affected by the change of county boundary lines, or creation of the new county, shall be done as if the land was situated in the same county as at the time of appointment of the assessors to make the assessment.

article: 1. In General


citation: WAT § 8770

text: The board has no power or authority to levy any assessment for any purpose upon property outside of the boundaries of the drainage district.

article: 1. In General


citation: WAT § 8771

text: Assessments shall be numbered consecutively.

article: 1. In General


citation: WAT § 8772

text: The Reclamation Board shall, by resolution entered in its minutes, order the release of the lien and abandonment of the charges against tracts assessed and owned by the United States, State, counties, cities, school districts, reclamation districts, or similar other public agency, but not against any tracts deeded to the State, counties, cities, or districts for delinquent taxes or assessments. A copy of the resolution, certified by the secretary of the board and attested by its seal, shall be filed in the office of the county treasurer of each county wherein such land is situated as evidence of the release and abandonment of said charges against said lands.

history: (History: Added by Stats. 1945, Ch. 189.)

article: 1. In General


citation: WAT § 8773

text: In pursuance to Section 8765, the Reclamation Board, after June 30, 1946, shall take no action except in accordance with a judgment of a court of competent jurisdiction to cause warrants to be issued for such readjustment of Feather River Assessment No. 7 and any action or proceeding brought by any party to cause payment of such adjustment must be commenced before January 1, 1947, and after June 30, 1948, all moneys remaining in Feather River Assessment No. 7 Fund shall revert to the General Fund of the State.

history: (History: Added by Stats. 1945, Ch. 235.)

article: 1. In General


citation: WAT § 8774

text: In pursuance to Section 8765, the Reclamation Board, after June 30, 1946, shall take no action except in accordance with a judgment of a court of competent jurisdiction to cause warrants to be issued for such readjustment of Hood Levee Assessment No. 8 and any action or proceeding brought by any party to cause payment of such adjustment must be commenced before January 1, 1947, and after June 30, 1948, all moneys remaining in Hood Levee Assessment No. 8 Fund shall revert to the General Fund of the State.

article: 1. In General


citation: WAT § 8775

text: When an assessment is to be levied, the board shall appoint three assessors.

article: 2. Assessors and Assessment

path: 5. FLOOD CONTROL > 5. Assessments > 2. Assessors and Assessment


citation: WAT § 8776

text: The assessors shall be disinterested persons, and shall have no interest in any real estate within the drainage district.

article: 2. Assessors and Assessment


citation: WAT § 8777

text: Each assessor before entering upon his duties, shall make and subscribe an oath that he is not in any manner interested in any real estate within the drainage district, and that he will perform the duties of an assessor to the best of his ability.

article: 2. Assessors and Assessment


citation: WAT § 8778

text: The compensation of assessors shall be fixed and allowed by the board.

article: 2. Assessors and Assessment


citation: WAT § 8779

text: After the assessors have examined the plan or plans of the works contemplated and the estimates of the cost, they shall make a preliminary report to the board indicating the exterior boundaries of the land that in their opinion will be benefited by the expenditures.

article: 2. Assessors and Assessment


citation: WAT § 8780

text: The assessors, after performing their duties pursuant to Section 8779, shall appoint a time and place in each county in which any of the land proposed to be assessed is situated, when and where they will hear objections to the report and evidence concerning the manner in which the assessment shall be apportioned.

article: 2. Assessors and Assessment


citation: WAT § 8781

text: The assessors shall give notice of the hearing in each of the counties by publication in a newspaper published in the county once a week for three weeks, the first publication to be not later than the twenty-first day before the day of hearing.

article: 2. Assessors and Assessment


citation: WAT § 8782

text: The notice shall contain a general designation of the land which will in the assessors’ opinion be benefited, and shall refer to the preliminary report on file in the office of the board for the exterior boundaries.

article: 2. Assessors and Assessment


citation: WAT § 8783

text: The assessors, may amend, modify or change the exterior boundaries of the land that, in their opinion, will be benefited by such expenditures.

article: 2. Assessors and Assessment


citation: WAT § 8784

text:
The board shall levy an assessment pursuant to this chapter if, within six months after the completion of the hearings there is filed with the board, written consent to the contemplated project, signed and acknowledged by the following:

(a) Owners of land representing 66 per cent or more of the value of the land excluding improvements within the district, as described in the preliminary report of the appraisers, or as modified thereafter, as such value is shown by the last preceding county tax assessment roll of the county in which the land is situated.

(b) Sixty-six per cent or more of the owners of land within the district as described in the preliminary report, or as modified thereafter.

article: 2. Assessors and Assessment


citation: WAT § 8785

text: If consent in writing is not filed in the manner and at the time provided, no further expenditures for the project shall be made, nor shall any obligations be incurred therefor.

article: 2. Assessors and Assessment


citation: WAT § 8786

text: If consent is not filed the board may cause an assessment to be levied in the manner provided in this chapter for the purpose of paying the necessary engineering and other expenses in preparing the plans for the project, in making the preliminary report of the assessors and in holding the hearings thereon.

article: 2. Assessors and Assessment


citation: WAT § 8787

text: The assessors shall assess upon the lands within the drainage district proposed to be assessed for the plans adopted by the board the sums included in the estimates of the board, and shall apportion the sums according to the benefits that will accrue to each tract of land in the drainage district affected by any particular project or unit by reason of the expenditure.

article: 2. Assessors and Assessment


citation: WAT § 8788

text: The assessors in apportioning the assessment on each tract of land shall, as information for the board set out, opposite each sum assessed for each particular tract of land, in separate columns respectively, the amount that they determine that each tract is so assessed by reason of benefit from the flood control features of the works involved in the plans, and also the amount that they deem each tract of land is so assessed by reason of all other benefit from the works.

article: 2. Assessors and Assessment


citation: WAT § 8789

text: The assessors shall, in the case of all assessments of the drainage district which may hereafter be levied by the board and all assessments which have heretofore been commenced but on which the assessment lists have not been made to conform with the decision of the board after equalization hearings held pursuant to the provisions of this part, state, as information for the board, in addition to the amount assessed by reason of the flood control features, opposite each sum assessed for each particular tract of land, in a separate column, the amount that they determine each tract is so assessed by reason of the severance of any lands not included in the assessed area which would have been included but for the location of a by-pass channel or channels provided for by another separate portion or project of the drainage district, adopted by the board.

article: 2. Assessors and Assessment


citation: WAT § 8790

text: The amounts stated and placed opposite each assessment shall be no part of the assessment and shall in no way affect the assessment charged against each tract of land as the same may be fixed, but shall be subject to review and readjustment in the same manner as the assessment itself.

article: 2. Assessors and Assessment


citation: WAT § 8795

text: Whenever any tract of land upon which an assessment has been made, including assessments which have been bonded under and pursuant to the provisions of Part 5 of this division, is subdivided into smaller parcels, the board shall at any time, after the list has been certified by the secretary of the board to be correct and deposited as provided in this chapter, reapportion the assessment or assessments upon the tract, including assessments or portions thereof which have become delinquent together with the delinquencies thereon including penalties and interest.

article: 3. Reapportionment of Assessments

path: 5. FLOOD CONTROL > 5. Assessments > 3. Reapportionment of Assessments


citation: WAT § 8796

text: Assessments and delinquencies on tracts of land which have become delinquent and which have been sold for delinquency pursuant to the provisions of this part and of Part 5 of this division, or either, and which have been subdivided, shall be reapportioned in the same manner and with the same effect as if the tract had not been so sold.

article: 3. Reapportionment of Assessments


citation: WAT § 8797

text: Whenever application is made to the board for reapportionment, the board shall reapportion the assessment upon the tract or tracts in such manner as in their judgment will charge each of the smaller tracts with a just proportion of the assessment made upon the tract so subdivided, and with a just proportion of the delinquencies.

article: 3. Reapportionment of Assessments


citation: WAT § 8798

text: Before the reapportionment becomes final, the board shall appoint a time when it will meet for the purpose of hearing objections to the reapportionment.

article: 3. Reapportionment of Assessments


citation: WAT § 8799

text: Notice of the hearing shall be given by publication for two weeks in some newspaper of general circulation published in the county in which the land or some portion thereof is situated.

article: 3. Reapportionment of Assessments


citation: WAT § 8800

text: The notice need not describe the land with particularity, but it is sufficient to describe the tract or tracts of land subdivided as a tract or tracts assessed to the owner or owners giving his name or other names upon the assessment list.

article: 3. Reapportionment of Assessments


citation: WAT § 8801

text: As many tracts may be embraced in one application as applicant is the owner of, or interested in.

article: 3. Reapportionment of Assessments


citation: WAT § 8802

text: At the time appointed, or such other time to which the hearing may be postponed, or which may be appointed by the board, the board shall hear any objections to the reapportionment and shall approve, modify, or alter the reapportionment in such manner as in their judgment will charge each of the smaller parcels with a just proportion of the assessment made upon the tract subdivided and shall enter an order on its minutes accordingly.

article: 3. Reapportionment of Assessments


citation: WAT § 8803

text: When the reapportionment has been made by the board, it shall deposit, in the office of the county treasurer of the county in which the land is situated, a list or lists of the charges assessed against each of the parcels, and the lists, after filing, shall have the same effect as an original assessment.

article: 3. Reapportionment of Assessments


citation: WAT § 8804

text: The filing of the lists shall be conclusive evidence that the requisite notice has been given, and that all acts required to be done before the filing of the lists have been duly done and performed, and the decision of the board is final and conclusive.

article: 3. Reapportionment of Assessments


citation: WAT § 8805

text: The expenses of publication and such other expenses as the board may order shall be borne and paid by the applicant.

article: 3. Reapportionment of Assessments


citation: WAT § 8810

text: The assessors shall make a separate list of the lands assessed in each county pursuant to the provisions of this chapter.

article: 4. Assessment Lists

path: 5. FLOOD CONTROL > 5. Assessments > 4. Assessment Lists


citation: WAT § 8811

text: The list shall contain a description of the tracts of land assessed by swamp land surveys, legal subdivisions, or other boundaries or references sufficient to identify the tracts.

article: 4. Assessment Lists


citation: WAT § 8812

text: The list shall also contain the name of the owner, if known, or if unknown, that fact, and the amount of the charge assessed against each tract.

article: 4. Assessment Lists


citation: WAT § 8813

text: The name of the owner of land which is or is supposed to be the property of the estate of a deceased person in course of administration may be stated as estate of (such person, naming him), deceased.

article: 4. Assessment Lists


citation: WAT § 8814

text: When there are two or more owners or supposed owners of any tract of land, partly known and partly unknown, the assessment may be to the known owner or owners by name and to other owners unknown.

article: 4. Assessment Lists


citation: WAT § 8815

text: No mistake in the name of the owner, or supposed owner, of any real estate invalidates the assessment.

article: 4. Assessment Lists


citation: WAT § 8816

text: In the assessment list for any county the assessors may use any abbreviation in common use in that county, without explanation thereof.

article: 4. Assessment Lists


citation: WAT § 8817

text: The assessors may also in the assessment list for any county make use of other abbreviations, if a schedule and explanation thereof with reasonable certainty is, unless printed on each page of the assessment list, prefixed to the assessment list and a reference thereto written, printed or stamped on each page of the assessment list whereon any such abbreviation is used.

article: 4. Assessment Lists


citation: WAT § 8818

text: In case any land in the assessment list for any county is described in whole or in part by reference to a map, plat or survey, which is on file or of record in any public office, it is sufficient in the description to designate the map, plat or survey by name, number or other designation sufficient to identify it in a schedule of such maps, plats and surveys.

article: 4. Assessment Lists


citation: WAT § 8819

text: The schedule shall be prefixed to the assessment list and shall set forth with reasonable certainty where each such map, plat or survey may be found, and shall be referred to by a reference written, printed or stamped on each page of the assessment list whereon such method of description is relied upon.

article: 4. Assessment Lists


citation: WAT § 8820

text: The assessment lists when completed shall be filed with the secretary of the board and the secretary shall forward to the county treasurer of each county in which any land so assessed is situated, the assessment list for the county.

article: 4. Assessment Lists


citation: WAT § 8821

text: The assessment list shall be open for inspection by the public for at least 60 days.

article: 4. Assessment Lists


citation: WAT § 8822

text: The board shall appoint a time and place not less than 60 days after the assessment list has been filed with the county treasurer when and where it will meet in each county wherein any of the land assessed is situated for the purpose of hearing objections to the assessments.

article: 4. Assessment Lists


citation: WAT § 8823

text: The notice of hearing in each county shall be filed with the county treasurer and published once a week for four weeks in some newspaper published in the affected county.

article: 4. Assessment Lists


citation: WAT § 8824

text: At any time before or during the hearing any person interested in any land upon which any charge has been assessed, may file in the office of the board or with any member thereof, written objections to the assessment, stating the grounds of the objections.

article: 4. Assessment Lists


citation: WAT § 8825

text: The statement shall be verified by the affidavit of the person objecting or some other person who is familiar with the facts.

article: 4. Assessment Lists


citation: WAT § 8826

text: At the hearing, the board shall hear such evidence as may be offered touching the correctness of the assessment or the manner of its apportionment.

article: 4. Assessment Lists


citation: WAT § 8827

text: The board may modify or amend the assessment, and may reapportion all or any part of the entire assessment.

article: 4. Assessment Lists


citation: WAT § 8828

text: Unless the aggregate amount of the whole of the assessment is modified or amended by the board so as to cause a difference of more than 212 per cent greater or less than the original total amount of the assessment, it is deemed that the assessment has not been subsantially modified and no necessity shall exist for a reapportionment thereof.

article: 4. Assessment Lists


citation: WAT § 8829

text: If the assessment is reapportioned the board shall give two weeks notice as provided in this article and proceed to hear objections in each county affected and shall then reconsider the assessment and make an order approving the assessment as finally fixed.

article: 4. Assessment Lists


citation: WAT § 8830

text: The decision of the board shall be final, and thereafter the assessment list shall be conclusive evidence, except in the suit provided in this article, that the assessment has been levied and apportioned according to law.

article: 4. Assessment Lists


citation: WAT § 8831

text: Any person interested in any land upon which any charge has been assessed, who is aggrieved by the decision of the board approving the assessment, may commence an action against the district in the superior court of the county in which the land or the greater part thereof is situated, to have the assessment upon such land modified or annulled.

article: 4. Assessment Lists


citation: WAT § 8832

text: The action shall be commenced within 60 days after the board has approved the assessment and the assessment list for the county has been deposited in the office of the county treasurer.

article: 4. Assessment Lists


citation: WAT § 8833

text: This action shall have preference over all civil actions in fixing the time of trial.

article: 4. Assessment Lists


citation: WAT § 8835

text: As used in this article map means a map or maps prepared by the assessors appointed for any assessment.

article: 5. Maps

path: 5. FLOOD CONTROL > 5. Assessments > 5. Maps


citation: WAT § 8836

text: The assessors appointed for any assesssment may prepare or cause to be prepared a map for the whole or any part or parts of the land to be assessed with sufficient detail to indicate thereon and identify the several tracts of land to be separately assessed.

article: 5. Maps


citation: WAT § 8837

text: Each of the separate tracts shall be designated on the map by a distinctive number.

article: 5. Maps


citation: WAT § 8838

text: Each of the maps shall be inscribed and designated as “reclamation board assessment map No.____,” giving each map a distinctive number.

article: 5. Maps


citation: WAT § 8839

text: Any map may consist of any number of sheets attached together and designated as one map.

article: 5. Maps


citation: WAT § 8840

text: The map when approved by the board, shall be certified by the secretary of the board as having been so approved.

article: 5. Maps


citation: WAT § 8841

text: The approved map shall be filed for record in the office of the county recorder of the county wherein the land indicated on the map is situated.

article: 5. Maps


citation: WAT § 8842

text: For the purpose of any assessment levied by the board, the assessment list for any county may, for the description of any tract of land indicated on any map, refer to the map and to the number by which the tract is designated on the map.

article: 5. Maps


citation: WAT § 8843

text: Any reference to a map and tract is a sufficient description of the tract for the purposes of an assessment list, and for the purposes of the notice of delinquent sale, certificate of sale and deed in pursuance of said sale, and all other proceedings based upon the assesssment.

article: 5. Maps


citation: WAT § 8844

text: No provision of any other statute of this State relative to the filing or recording of maps in the office of the county recorder shall apply to the maps referred to in this article.

article: 5. Maps


citation: WAT § 8845

text: The maps referred to in this article shall have no legal effect for any purpose except for the convenient reference to and description of the tract of land indicated thereon for the purposes of description of tracts of land by reference thereto in the matter of assessments levied by the board and acts and proceedings based thereon as provided in this chapter.

article: 5. Maps


citation: WAT § 8846

text: No fee shall be charged by any county recorder for the filing for record of any map as provided in this article.

article: 5. Maps


citation: WAT § 8850

text: After the board has held the hearings in each county pursuant to this chapter and the assesssment lists have been made to conform with its decision, the lists shall be certified by the secretary of the board to be correct, and shall thereupon be filed in the offices of the county treasurers, respectively, of the several counties in which are situated any of the lands assessed.

article: 6. Collection and Delinquencies

path: 5. FLOOD CONTROL > 5. Assessments > 6. Collection and Delinquencies


citation: WAT § 8851

text: The county treasurer shall indorse upon the assesssment list the date and time to the hour and minute when it was filed in his office; and thereafter the assessment constitutes a lien upon the land so assessed in the county, and imparts notice to all subsequent purchasers or incumbrancers or any person acquiring any interest in or lien upon the land.

article: 6. Collection and Delinquencies


citation: WAT § 8852

text: The assessment shall be paid to the respective county treasurers in one or more installments of such amounts, and at such time, respectively, as the board, from time to time, may, by order entered in its minutes, direct.

article: 6. Collection and Delinquencies


citation: WAT § 8853

text: At any time within 30 days after the assessment list has been filed in the office of the county treasurer, the whole amount of the assessment upon any tract of land therein separately assessed may be paid in cash to the county treasurer.

article: 6. Collection and Delinquencies


citation: WAT § 8854

text: The county treasurer shall issue his receipt and shall endorse the fact and date of the payment in full upon the assessment list, and thereupon the lien of the assessment upon the tract of land ceases.

article: 6. Collection and Delinquencies


citation: WAT § 8855

text: No interest shall be charged on any assessment paid in full within this 30-day period.

article: 6. Collection and Delinquencies


citation: WAT § 8856

text: All assessments not paid in full within the period of 30 days shall bear interest at the rate of 7 per cent per annum from and after the time when the assessment list is filed in the office of the county treasurer for collection.

article: 6. Collection and Delinquencies


citation: WAT § 8857

text: The remaining portion not yet ordered paid by the board of the assessment upon any tract of land may be voluntarily paid in full, with the accrued interest thereon, at any time after the lien of the assessment has accrued.

article: 6. Collection and Delinquencies


citation: WAT § 8858

text: If any installment is unpaid at the expiration of 30 days from the date of the board order calling the installment, the installment is delinquent, together with accrued interest to date of delinquency.

article: 6. Collection and Delinquencies


citation: WAT § 8859

text: When any installment is delinquent, a penalty of 10 per cent of the amount of the installment plus interest, shall be added and collected for the use of the drainage district.

article: 6. Collection and Delinquencies


citation: WAT § 8860

text: If any action is pending in any court to have the assessment on any tract of land reviewed, modified or annulled, pursuant to the provisions of this chapter, the assessment, if not annulled in the action, may, in the discretion of the board, become delinquent 30 days after any judgment rendered in the action has become final.

article: 6. Collection and Delinquencies


citation: WAT § 8861

text: From date of delinquency until time of delinquent sale, the unpaid installment, together with added interest and penalty, bears interest at the rate of 7 per cent per annum.

article: 6. Collection and Delinquencies


citation: WAT § 8862

text: When the installment is delinquent, the board, when it deems it advisable, shall publish in each county where the delinquency exists, a list in one notice of all delinquencies once a week for two weeks successively in some newspaper of general circulation published in the county.

article: 6. Collection and Delinquencies


citation: WAT § 8863

text:
The notice shall contain:

(a) A description of the property assessed as described in the assessment list by reference number or by other descriptions sufficient to identify the property.

(b) The name of the owner to whom the property is assessed or a statement that the owners are unknown.

(c) The amount of the delinquent installment, interest and penalty.

article: 6. Collection and Delinquencies


citation: WAT § 8864

text: The notice shall also state that each of the parcels will be sold at public auction by the county treasurer in front of the courthouse of the county at a specified day and hour, to pay the installment with accrued interest and the penalty, together with its proportion of the total cost of publication of the notice of sale.

article: 6. Collection and Delinquencies


citation: WAT § 8870

text: At the time and place stated in the notice of sale, or such other time to which the sale is postponed, the county treasurer shall sell each parcel of land described in the notice to the highest bidder for lawful money of the United States unless prior thereto he has received payment in full of the delinquent installment, interest, penalty and cost of publication.

path: 5. FLOOD CONTROL > 6. Sale of Land for Delinquent Assessments


citation: WAT § 8871

text: If not completed on the first day the sale may be continued from day to day and over Sundays and legal holidays until completed.

chapter: 6. Sale of Land for Delinquent Assessments


citation: WAT § 8872

text: No license shall be required of the county treasurer for conducting the sale.


citation: WAT § 8873

text: No bid for any parcel shall be accepted which is less than the aggregate sum then due for the installment thereon, together with accrued interest, penalty and cost of publication.


citation: WAT § 8874

text: If no bid is made for any parcel at the delinquent sale which is equal to the total amount when due on the parcel, the county treasurer shall bid in and sell the parcel to the drainage district for the amount of the delinquent installment or installments, together with accrued interest, penalty and cost of publication.


citation: WAT § 8875

text: The county treasurer shall execute to each purchaser at the delinquent sale, including the drainage district, a certificate of sale which shall be recorded by the purchaser in the county recorder’s office of the county in which the land is situated.


citation: WAT § 8876

text: Out of the proceeds of the sales the county treasurer shall transmit to the State Treasurer the total amount then due on the property so sold as shown in the notice, and shall pay to the owner of the property any surplus remaining after the payment to the State Treasurer.


citation: WAT § 8877

text: The county treasurer shall, when directed by the board, postpone the delinquent sale from time to time for not less than 10 nor more than 30 days by a written notice posted at or near the place of sale.


citation: WAT § 8878

text: The notice of postponement shall be substantially as follows: The sale of property for delinquent assessment under (name and number of assessment) of the Sacramento and San Joaquin Drainage District, which was fixed for (time and place of sale) has been postponed to (time to which postponed) at the same place.


citation: WAT § 8879

text: Any person interested in any tract of land sold at the delinquent sale may redeem the tract at any time within one year after the date of sale by paying to the county treasurer for the purchaser a sum equal to the purchase price stated in the certificate of sale with interest thereon at the rate of 12 per cent per annum from the date of sale to the date of the redemption, together with the amount remaining due and unpaid of any installment upon any assessment on the land under the provisions of this part, with the penalty prescribed for delinquencies.


citation: WAT § 8880

text: If no redemption is made within one year the board, upon demand and the surrender of the certificate of purchase and the delivery of a certificate of the county treasurer that no redemption has been made within the year from date of sale, shall execute to the purchaser, his heirs or assigns, a deed of conveyance of the parcel of land described in the certificate.


citation: WAT § 8881

text: The deed conveys to the grantee the land free and clear of all encumbrances except State, county and municipal taxes, assessments levied or assessed by statutory authority and the unpaid balance of any assessment made by the drainage district.


citation: WAT § 8882

text: The unpaid balance of any assessment made by the drainage district, shall be called in and collected in the same manner as other assessments, except that no parcel sold and conveyed to the drainage district shall thereafter, until redeemed or until sold and disposed of by the board, be subject to sale by the treasurer for subsequent installments of any assessment made pursuant to the provisions of this part.


citation: WAT § 8883

text: Each deed by the board purporting to be executed under this chapter shall be prima facie evidence of the truth of the matters therein recited and of ownership by the grantee of the lands therein described.


citation: WAT § 8884

text: All deeds required by this chapter to be executed by the board may be executed by the president and secretary thereof on behalf of the board.


citation: WAT § 8885

text: Any parcel of land bid in and purchased by the drainage district at the delinquent sale shall be held in trust for the assessment under which the parcel of land was sold.


citation: WAT § 8886

text: The parcels of land specified in Section 8885 may be sold and conveyed by the board at any time after the expiration of the redemption period of one year at public or private sale and with or without notice, to any person paying not less than the amount for which the parcel was bid in by the county treasurer at the delinquent sale for the drainage district, with interest thereon at the rate of 12 percent per annum compounded yearly from the date of the delinquent sale, and also the amount of all subsequent installments or other assessments then delinquent, with accrued interest and penalties thereon.

history: (History: Amended by Stats. 1981, Ch. 714, Sec. 451.)


citation: WAT § 8887

text: Payment for the land purchased pursuant to the provisions of this chapter shall be made in lawful money of the United States.


citation: WAT § 8888

text: The board, when any land has been sold pursuant to the provisions of this chapter shall execute a deed to the purchaser at the sale conveying the property, free of all encumbrances except State, county and other municipal taxes, assessments levied or assessed by statutory authority and the unpaid balance of all assessments of the drainage district, which balance shall be called in and collected in the same manner as other assessments.


citation: WAT § 8889

text: When any lands purchased at the delinquent sale by the drainage district remain unsold then the board shall sell all such lands so held by the drainage district at public auction to the highest bidder for cash, upon two weeks published notice substantially in the manner provided for notice upon delinquent sales, and shall execute to the purchaser a conveyance, which deed shall convey title to the land as prescribed in this chapter.


citation: WAT § 8890

text: The proceeds of the sale shall be deposited with the State Treasurer to the credit of the assessment under which the property became delinquent.


citation: WAT § 8935

text: The board shall cancel all proceedings taken in connection with the bond issue of the drainage district based upon and secured by Sutter-Butte By-pass assessment number six of the district now authorized but not sold.

chapter: 7. Finances

path: 5. FLOOD CONTROL > 7. Finances > 3. Sacramento and San Joaquin Drainage District Refunding Act


citation: WAT § 8936

text: The Controller shall request the State Treasurer to transfer and the Treasurer shall immediately transfer, any and all moneys deposited in the Bond Fund or Bond Interest Fund of the assessment from the fund or funds into the Construction Fund of the assessment to be used for the retirement of warrants pursuant to the provisions of this part.

article: 3. Sacramento and San Joaquin Drainage District Refunding Act


citation: WAT § 8937

text: Immediately upon the bonds authorized and directed to be canceled by this article being canceled, the board may order that assessment number six shall be paid in semiannual installments equal to not less than 312 per cent of the principal of the assessment for each installment.


citation: WAT § 8938

text: If a supplementary assessment number six is levied by the board, immediately upon the supplementary assessment number six becoming a lien upon the lands, the board shall rescind and cancel its then existing order and the board may order that thereafter the assessment number six and the supplementary assessment number six shall be paid in semiannual installments equal to not less than 312 per cent of the principal amount of the assessment for each installment.


citation: WAT § 8939

text: Each of the semiannual installments upon each tract shall be based upon the original principal amount of the assessment on the tract less any deductions theretofore made by reason of any credits made upon the tract pursuant to the provisions of Chapter 556 of the Statutes of 1919, and shall continue to be so based until such time as the principal and interest of the assessment on the tract are paid in full.


citation: WAT § 8940

text: The board may, by order entered in its minutes, postpone or discontinue from time to time the calling of the semiannual installments or any of them for such periods of time as it deems advisable.


citation: WAT § 8941

text: Any owner or holder of lands within the boundaries of the drainage district whose lands are subject to the lien of assessment number six or supplemental assessment number six levied in connection with project number six may present to any officer authorized by law to collect such assessments, or any part thereof, warrants of the district now, or hereafter to be, issued in connection with project number six in payment of his assessment, or any part thereof.


citation: WAT § 8942

text: Any officer mentioned in the next preceding section shall accept such warrants so presented or tendered in payment of the assessment, or any part thereof, at the face value of the warrant or warrants so presented, plus accrued interest.


citation: WAT § 8943

text: All warrants when received by any officer authorized by law to receive them shall be by him transmitted to the Controller who shall give the officer a receipt for the warrants.


citation: WAT § 8944

text: The Controller shall, upon demand of the board, cancel the warrants and credit the face value thereof, plus the accrued interest thereon to the date of the tender of the warrants in payment of assessments to the fund upon which the warrants were originally drawn and charge the fund with the accrued interest. Thereupon the Controller shall notify the State Treasurer of the cancellation and the State Treasurer shall make the proper entry in his books.


citation: WAT § 8945

text: Partial payments on any tract in excess of any regular installment amount shall be credited to the payment of the principal amount of the assessment upon that tract thereby reducing the interest that would thereafter accrue upon that tract.


citation: WAT § 8946

text: Any and all partial payments of principal may, and upon request of the person making payment shall, be credited to the amounts charged against the tract by reason of benefits other than flood control until such charges have been paid in full and thereafter to the amounts charged against the tract by reason of flood control benefits.


citation: WAT § 8950

text: All money collected upon sales or otherwise shall be paid to the county treasurer of the county in which the land is situated, and the money, together with all other money collected by the county treasurer shall, within one month after its receipt by the county treasurer, be by him deposited in the State Treasury to the credit of the drainage district in a fund which is continued in existence and known as the Sacramento and San Joaquin Drainage District Fund, specifying the name and number of the assessment from which the money was derived.

path: 5. FLOOD CONTROL > 7. Finances > 4. Sacramento and San Joaquin Drainage District Fund


citation: WAT § 8951

text: The money in the Sacramento and San Joaquin Drainage District Fund shall be paid out upon warrants of the Controller, and the Controller shall issue warrants upon the funds whenever drafts of the board are presented to him.

article: 4. Sacramento and San Joaquin Drainage District Fund


citation: WAT § 8952

text: The State Treasurer shall pay such Controllers warrants when there is sufficient money in the fund of the drainage district.


citation: WAT § 8953

text: All money collected by any of the county treasurers of the State as assessments of the defunct Sacramento drainage district, and unexpended in the hands of the county treasurers, shall vest in the drainage district, and the county treasurers of the State shall pay the money over to the board for the benefit of the drainage district, and the money, when paid over to the board, shall be expended by it for general administrative purposes of the drainage district.

path: 5. FLOOD CONTROL > 7. Finances > 5. Funds of Defunct Sacramento Drainage District


citation: WAT § 8955

text: All money collected from assessments shall be paid out only on warrants issued for works or other expenses covered by the assessment from which the money was derived, to the end that all money raised by assessment upon any of the lands embraced in the drainage district, shall be expended only for works of reclamation or other expenses, beneficial to the lands so assessed, and for the payment of warrants issued for the construction of the works and other expenses for which the assessment was levied.

article: 6. Warrants

path: 5. FLOOD CONTROL > 7. Finances > 6. Warrants


citation: WAT § 8956

text: Each warrant shall designate the name and number of the assessment from which it is to be paid.

article: 6. Warrants


citation: WAT § 8957

text: Drafts of the board may be presented to the Controller and warrants drawn against the funds to be raised by an assessment as soon as the board has passed its order or resolution for the levy of the assessment and appointed the assessors.

article: 6. Warrants


citation: WAT § 8958

text: In case there are not sufficient funds applicable thereto for the payment of the warrants when presented to the State Treasurer, he shall indorse on the warrants the date of presentation and register the same, and thereafter the warrants shall bear interest at the rate of 7 per cent per annum, and shall be paid in the order of their registration.

article: 6. Warrants


citation: WAT § 8959

text: All such warrants shall be considered as contracts in writing for the payment of money, and the period prescribed for the commencement of an action based upon any such warrants, or connected therewith, is four years from the date of the first publication of the notice specifying the warrants published by the State Treasurer pursuant to the provisions of this article.

article: 6. Warrants


citation: WAT § 8960

text: No statute of limitations shall be deemed to have run against any action upon or affecting any warrant drawn against any assessment under this part by reason of the lapse of time during which funds adequate for the payment of the outstanding warrants against the assessment were not available.

article: 6. Warrants


citation: WAT § 8961

text: The warrants shall, at any time within the period of four years, be received in payment of any assessment for work or expenses for which the warrants were issued.

article: 6. Warrants


citation: WAT § 8962

text: The board may, at its option, at any time before payment of any warrant renew it upon application of the owner or holder thereof by an indorsement thereon of the fact and date of the renewal and notice thereof to the State Treasurer and Controller.

article: 6. Warrants


citation: WAT § 8963

text: Whenever there is sufficient money in the treasury applicable to the payment of any outstanding warrants of the drainage district, the State Treasurer shall give notice that there is money in the treasury to pay certain warrants, giving their numbers in the order of their registration.

article: 6. Warrants


citation: WAT § 8964

text: The notice shall be published for 10 days in one newspaper published in the City of Stockton and one published in the City of Sacramento.

article: 6. Warrants


citation: WAT § 8965

text: After the last publication of the notice the warrants therein mentioned cease to bear interest.

article: 6. Warrants


citation: WAT § 8966

text: The board shall designate a paper in each of the cities of Stockton and Sacramento which shall be the official papers of the drainage district for the purpose of the publication.

article: 6. Warrants


citation: WAT § 8967

text: All warrants of the drainage district when received by the board, Department of Finance, the respective county treasurers or any other officer authorized by law to accept them, for the cancellation or retirement thereof or in payment of assessments, shall be transmitted by the board, department, or officer to the Controller who shall give the board, department, or officer a receipt for the warrants.

article: 6. Warrants


citation: WAT § 8968

text: The Controller upon demand by the board shall cancel the warrants and credit the face value thereof, plus accrued interest thereon to the date of the tender of the warrants to the board, department or officer receiving them, to the fund upon which the warrants were originally drawn and charge the fund with the accrued interest.

article: 6. Warrants


citation: WAT § 8969

text: The Controller shall notify the State Treasurer of the cancellation and the State Treasurer shall then make the proper entries in his books.

article: 6. Warrants


citation: WAT § 8970

text: Whenever any warrant drawn by the Controller upon the State Treasurer as provided in this chapter has been presented to the State Treasurer and not paid for want of funds and has not been registered by the State Treasurer and bears interest as provided in this chapter, the Controller shall at any time, on presentation of the warrant to him for that purpose, certify on the warrant, over his signature, the amount of interest accrued thereon to that date, specifying the date.

article: 6. Warrants


citation: WAT § 8971

text: When the State Treasurer pays a warrant he shall, in addition to the amount for which the warrant was drawn, pay the interest accrued thereon as certified to by the Controller.

article: 6. Warrants


citation: WAT § 8972

text:
Whenever any unpaid, outstanding and interest-bearing warrant drawn by the Controller upon the State Treasurer as provided in this chapter is presented to the board by the owner or holder thereof for the purpose of having two or more warrants issued to him in lieu thereof, the board shall present the warrant properly indorsed to the Controller for credit to the fund upon which it was originally drawn together with a claim on the Controller setting forth the following:

(a) The number and denomination of the warrant to be credited.

(b) The number of substituted warrants, and denomination of each, to be issued in lieu thereof.

article: 6. Warrants


citation: WAT § 8973

text: The sum of the substituted warrants shall equal the principal amount of the original warrant.

article: 6. Warrants


citation: WAT § 8974

text: The Controller shall credit the original warrant to the fund upon which it was originally drawn and shall prepare and issue warrants in accordance with the claim so presented showing thereon that the substituted warrants are issued in lieu of warrant No.____ (giving the warrant number of the original warrant) and also showing the date of issuance and date of registration of the original warrant.

article: 6. Warrants


citation: WAT § 8975

text: When, upon presentation to the State Treasurer, payment can not be made for want of funds the State Treasurer shall register the warrants as of the date of registration of the original warrant and the substituted warrants shall bear interest from the original date of registration at the rate of 7 per cent per annum as provided in this chapter.

article: 6. Warrants


citation: WAT § 8976

text: The Department of Finance may, out of any funds of the State which it is authorized by law to invest, purchase at their face value and invest in any warrants of the drainage district drawn by the Controller as provided in this part and payable out of any assessment levied or to be levied by the board upon lands within the drainage district.

article: 6. Warrants


citation: WAT § 8977

text: The Department of Finance may exchange any warrants purchased pursuant to the next preceding section for other warrants drawn against the same assessment, and sell all or any part of the warrants so purchased or taken in exchange.

article: 6. Warrants


citation: WAT § 8978

text: All such exchanges or sales of warrants shall be effected without loss to the State.

article: 6. Warrants


citation: WAT § 8979

text: All warrants purchased or acquired by exchange by the Department of Finance shall be registered by the State Treasurer, unless already registered.

article: 6. Warrants


citation: WAT § 8980

text: The warrants shall be payable with interest in their proper order of registration, as provided in this part.

article: 6. Warrants


citation: WAT § 8981

text: The warrants shall, unless sold or exchanged, be held by the Department of Finance until paid.

article: 6. Warrants


citation: WAT § 8982

text: Upon payment of the warrants the proceeds thereof shall be returned into the fund out of which the purchase or investment was made.

article: 6. Warrants


citation: WAT § 8990

text: If any reclamation district, levee district, drainage district, municipal corporation, private corporation, association or person has since February 28, 1928, or shall hereafter, advance or expend any sum of money to be applied upon, and in aid of the completion of, any work of new construction called for by the provisions of the flood control plan of the State as in effect February 28, 1928, or as amended after August 14, 1931, the sum advanced, or a specified portion thereof agreed upon, may in the discretion of the board, be determined to be a proper charge against the particular work of construction for which the money was advanced and the party advancing it may, in the discretion of the board, have a claim against the drainage district for the amount, or specified portion thereof, without interest, payable as and when moneys are made available by law for defraying the cost of the particular work for which the sum was originally advanced.

history: (History: Amended by Stats. 1953, Ch. 1124.)

article: 7. Claims

path: 5. FLOOD CONTROL > 7. Finances > 7. Claims


citation: WAT § 8991

text: All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto.

history: (History: Amended by Stats. 1963, Ch. 1715.)

article: 7. Claims


citation: WAT § 8995

text: Any reclamation district, levee district, drainage district, or municipal corporation, wholly or partly within the drainage district, may, with the permission of the board, acquire by grant or eminent domain or otherwise, any right of way or other easement included in any of the plans for controlling the flood waters of the Sacramento and San Joaquin rivers or their tributaries to be carried out by the board pursuant to the provisions of this part.

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

path: 5. FLOOD CONTROL > 8. Districts and Persons Within Sacramento and San Joaquin Drainage District > 1. Flood Control Works, Purchases and Compensation


citation: WAT § 8996

text: The right of way or other easement acquired pursuant to the next preceding section shall be required by the plans of the reclamation, levee, or drainage district or municipal corporation for the consummation of its purposes as authorized by law.

chapter: 8. Districts and Persons Within Sacramento and San Joaquin Drainage District

article: 1. Flood Control Works, Purchases and Compensation


citation: WAT § 8997

text: Any reclamation district, levee district, drainage district or municipal corporation, wholly or partly within the drainage district may with the permission of the board, construct levees, cuts, canals or gates required to complete any by-pass forming part of the plans to be carried out by the board, or to complete any part of any by-pass which may in the judgment of the board be safely and economically constructed as a separate unit or portion of the plans.


citation: WAT § 8998

text: The title to any such right of way or other easement or levees, cuts, canals or gates shall be conveyed to the drainage district upon compensation being made for the cost thereof.


citation: WAT § 8999

text: If any reclamation district, levee district, drainage district, municipal corporation, or person within the drainage district, with the consent of the board, provides or leaves any land for a by-pass, waterway, storage basin or sump for the purpose of complying with the plans to be carried out by the board, or for carrying out in whole or in part any of the plans or works adopted by it or erects any levee along the by-pass or waterway, storage basin or sump, the by-pass, waterway, storage basin, sump, and levee shall be considered as a part of the work to be done pursuant to the provisions of this part and proper compensation shall be made for the right of way or easement through, over and upon the by-pass, waterway, storage basin or sump and for the actual reasonable cost of construction of the levees, cuts, canals or gates.


citation: WAT § 9000

text: When the compensation has been made, the reclamation district, levee district, drainage district, municipal corporation, or person shall convey to the drainage district a perpetual easement in, over and upon the by-pass, storage basin, sump or levee for all purposes necessary to accomplish the plans to be carried out by the board.


citation: WAT § 9001

text:
Any reclamation district, levee district, drainage district, municipal corporation or person which does any of the following, with the consent of the board has a claim against the drainage district for the reasonable value of the rights of way, levees, cuts, canals or gates that are involved:

(a) Expends any sum of money in the acquisition of rights of way or other easements, or in the construction of levees, cuts, canals or gates.

(b) Conveys the rights of way, easements, levees, cuts, canals or gates to the drainage district.

(c) Allows any land to be used for the purpose of a by-pass, waterway, storage basin, or sump to comply with the plans to be carried out by the board.

(d) Constructs levees along any line of any by-pass, or storage basin and conveys a perpetual easement therein to the drainage district.


citation: WAT § 9002

text: An easement shall be levied upon the lands in the drainage district benefited thereby so that the claim may be paid.


citation: WAT § 9003

text: In lieu of levying an assessment pursuant to Section 9002 the cost of the claim may be included as one of the items in any assessment that may be levied in the drainage district.


citation: WAT § 9004

text: The words “with the permission of the board” or “with the consent of the board,” as used in this article mean the express permission or consent of the board in each particular case, evidenced by resolution or order entered in its minutes, and granted upon application of the particular district, municipal corporation, or person desiring to obtain benefit of the provisions of this article.


citation: WAT § 9005

text: Before granting its permission for the acquiring of any right of way or easement or for the construction of any of the levees or other works mentioned in this article, the board may require the applicant to furnish and submit to the board complete and detailed plans and specifications and estimates of the cost thereof, and the board may in its order granting such permission designate a maximum limit of the amount of compensation to be so allowed therefor.


citation: WAT § 9006

text: In case the board determines that the ownership in fee of, instead of the right of way or easement over, any land required for use as a by-pass, overflow channel or basin, or for any part of the works of flood control to be carried out by the board, is necessary, or that the absolute ownership by the drainage district of any levees, cuts, canals, gates or other flood control works is necessary for the purposes of the district, then the board may require that title in fee and absolute ownership shall be conveyed to the drainage district before any compensation is allowed therefor pursuant to any of the provisions of this article.


citation: WAT § 9010

text: Any compensation made to any municipal corporation, or person, in accordance with the provisions of this chapter, shall be applied toward the payment of any assessment upon any tract of land assessed for any particular portion or project owned by the municipal corporation, or person.

article: 2. Application of Compensation

path: 5. FLOOD CONTROL > 8. Districts and Persons Within Sacramento and San Joaquin Drainage District > 2. Application of Compensation