citation: WAT § 6350

text:
Immediately upon completion of a new dam or reservoir or enlargement of a dam or reservoir the owner shall give a notice of completion to the department and as soon thereafter as possible shall file with the department supplementary drawings or descriptive matter showing or describing the dam or reservoir as actually constructed, including the following:

(a) A record of all grout holes and grouting.

(b) A record of permanent location points and bench marks.

(c) A record of tests of concrete or other material used in the construction of the dam or reservoir.

(d) Any other items which may be of permanent value and have a bearing on the safety and permanency of the dam or reservoir.

chapter: 7. Inspection and Approval

article: 1. New or Enlarged Dams and Reservoirs

path: 3. DAMS AND RESERVOIRS > 7. Inspection and Approval > 1. New or Enlarged Dams and Reservoirs


kind: section

code: WAT

citation: WAT § 6351

text: In connection with the enlargement of a dam or reservoir, the supplementary drawings and descriptive matter need apply only to the new work.

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

division: 3. DAMS AND RESERVOIRS

article: 1. New or Enlarged Dams and Reservoirs


citation: WAT § 6352

text: As soon as possible after giving notice of completion, the owner shall file an affidavit with the department stating the actual cost of the dam or reservoir in such detail as the department requires to determine whether a further fee is due. In the event the owner of a new or enlarged dam or reservoir, because of loss of records, recent change of ownership, or other causes beyond his control, is unable to report the actual cost of construction or enlargement, he shall file an affidavit to this effect, stating the reasons therefor, within 30 days after receiving a written request therefor from the department. The department shall then make its own appraisal of the cost of construction or enlargement and determine what further fee, if any, is required. Upon making a determination that a further fee is required, the department shall notify the owner by certified mail of the amount of such fee within 15 days and shall notify the owner that he may appear within 60 days thereafter before an authorized representative of the department to protest the amount of the fee, in whole or in part, determined by the department to be required, and the sufficiency of the appraisal upon which such determination was based.

article: 1. New or Enlarged Dams and Reservoirs


citation: WAT § 6354

text: As soon as practicable the completed dam or reservoir shall be inspected by the department.

article: 1. New or Enlarged Dams and Reservoirs


citation: WAT § 6355

text: A certificate of approval shall be issued upon a finding that the dam or reservoir is safe to impound water within the limitations prescribed in the certificate. Upon written request by an owner for a certificate of approval, the department shall issue the certificate if it finds that the dam or reservoir is safe to impound water within the limitations prescribed in the certificate. Pending issuance of a certificate of approval by the department, the owner of the dam or reservoir shall not, through action or inaction, cause the dam or reservoir to impound water.

article: 1. New or Enlarged Dams and Reservoirs


citation: WAT § 6357

text: Each certificate of approval issued by the department under this part may contain such terms and conditions as the department may prescribe.

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

article: 1.5. Certificates of Approval

path: 3. DAMS AND RESERVOIRS > 7. Inspection and Approval > 1.5. Certificates of Approval


text: The department may revoke any certificate of approval whenever it determines that the dam or reservoir constitutes a danger to life and property. Whenever it deems such action necessary to safeguard life and property, the department may also amend the terms and conditions of any such certificate by issuing a new certificate containing the revised terms and conditions.

article: 1.5. Certificates of Approval


text: The owner of a dam or reservoir for which a certificate of approval has been issued shall not, through action or inaction, cause the dam or reservoir to impound water after the certificate terminates unless a new certificate is issued for the dam or reservoir. A new certificate shall be issued upon a finding by the department that the dam or reservoir is safe to impound water within the limits prescribed in the certificate.

article: 1.5. Certificates of Approval


text: With respect to each certificate of approval or written consent for use of a dam which has been issued by the department or a predecessor of the department and which is in effect prior to the effective date of this article, the department shall, within one year from such effective date, issue a new certificate of approval, which shall supersede the previous certificate or written consent for use, or shall revoke the existing certificate or written consent for use if it finds that the dam or reservoir is not safe to impound water.

article: 1.5. Certificates of Approval


text: Before any certificate of approval is revoked by the department, the department shall hold a hearing. Written notice of the time and place of the hearing shall be mailed, at least 20 days prior to the date set for the hearing, to the holder of the certificate. Any interested persons may appear at the hearing and present their views and objections to the proposed action. Any petition for a writ of mandate to inquire into the validity of action of the department revoking a certificate of approval shall be commenced within 30 days after service of notice of the revocation on the holder of the certificate.

article: 1.5. Certificates of Approval


citation: WAT § 6360

text: Immediately upon completion of the repair or alteration of any dam or reservoir, the owner shall give notice of completion to the department and as soon thereafter as possible shall file with it supplementary drawings or descriptive matter showing or describing the dam or reservoir as actually repaired or altered together with such maps, data, records, and information pertaining to the dam or reservoir as repaired or altered as the department requires.

path: 3. DAMS AND RESERVOIRS > 7. Inspection and Approval > 2. Repaired or Altered Dams and Reservoirs


citation: WAT § 6362

text: As soon as practicable the dam or reservoir as repaired or altered shall be inspected by the department.

article: 2. Repaired or Altered Dams and Reservoirs


citation: WAT § 6363

text: A certificate of approval shall be issued upon a finding that the dam or reservoir is safe to impound water within the limitations prescribed in the certificate. Pending issuance of a new certificate of approval, the owner of the dam or reservoir shall not, through action or inaction, cause the dam or reservoir to impound water beyond the limitations prescribed in the existing certificate.


citation: WAT § 6364

text: The certificate of approval shall supersede any previous certificate of approval issued for the dam or reservoir so repaired or altered.


citation: WAT § 6370

text: Upon completion of the removal of a dam or reservoir such evidence as to the manner in which the work was performed and as to the conditions obtaining after the removal as the department requires shall be filed with the department.

article: 3. Removal of Dams and Reservoirs

path: 3. DAMS AND RESERVOIRS > 7. Inspection and Approval > 3. Removal of Dams and Reservoirs


citation: WAT § 6371

text: This evidence shall show that a sufficient portion of the dam has been removed to permit the safe passage of floods down the watercourse across which the dam was located.

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

article: 3. Removal of Dams and Reservoirs


citation: WAT § 6372

text: Before final approval of the removal of a dam or reservoir is issued, the department shall inspect the work and determine that all danger to life and property has been eliminated.

article: 3. Removal of Dams and Reservoirs


citation: WAT § 6380

text: The department shall make inspections at State expense of all dams in the State completed prior to August 14, 1929.

path: 3. DAMS AND RESERVOIRS > 7. Inspection and Approval > 4. Dams Completed Prior to August 14, 1929


citation: WAT § 6381

text: The department shall require owners to perform at their expense such work or tests as necessary to disclose information sufficient to enable the department to determine whether to issue certificates of approval or to issue orders directing further work at the owner’s expense necessary to safeguard life and property.

article: 4. Dams Completed Prior to August 14, 1929


citation: WAT § 6382

text: If, upon inspection or upon completion to the satisfaction of the department of all work that may be ordered, the department finds that the dam is safe to the full extent for which use is or will be made, a certificate of approval shall be issued.


citation: WAT § 6390

text: Upon receipt of a written complaint alleging that the person or property of the complainant is endangered by the construction, maintenance, or operation of any dam or reservoir the department shall cause an inspection to be made unless the data, records, and inspection reports on file with it are found adequate to enable a determination whether or not the complaint is meritorious.

article: 5. Complaints as to Unsafe Conditions

path: 3. DAMS AND RESERVOIRS > 7. Inspection and Approval > 5. Complaints as to Unsafe Conditions


citation: WAT § 6391

text: If the complainant insists upon an inspection and deposits with the department a sum estimated by it to be sufficient to cover costs of an inspection, the department shall cause an inspection to be made despite its finding as to the sufficiency of its records to determine the alleged danger.

article: 5. Complaints as to Unsafe Conditions


citation: WAT § 6392

text: If it is found that an unsafe condition exists, the department shall take such action as is necessary to render or cause the condition to be rendered safe and any money deposited to secure an inspection shall be returned.

article: 5. Complaints as to Unsafe Conditions


citation: WAT § 6393

text: If, after an inspection is made on account of a complaint, the complaint is found by the department to have been without merit, any money deposited therefor shall be payable into the State Treasury.

article: 5. Complaints as to Unsafe Conditions


citation: WAT § 6400

text: During the construction, enlargement, repair, alteration, or removal of any dam or reservoir the department shall make continuous or periodical inspections at state expense for the purpose of securing conformity with the approved plans and specifications but shall require the owner to perform at his expense such work or tests as necessary to disclose information sufficient to enable the department to determine that conformity with the approved plans and specifications is being secured.

article: 6. Inspection During Progress of Work

path: 3. DAMS AND RESERVOIRS > 7. Inspection and Approval > 6. Inspection During Progress of Work


citation: WAT § 6401

text: If, after any inspections, investigations, or examinations, or at any time as the work progresses, or at any time prior to issuance of a certificate of approval it is found by the department that amendments, modifications, or changes are necessary to insure safety, the department may order the owner to revise the plans and specifications.

article: 6. Inspection During Progress of Work


citation: WAT § 6402

text: If conditions are revealed which will not permit the construction of a safe dam or reservoir the approval may be revoked.

article: 6. Inspection During Progress of Work


citation: WAT § 6403

text: In the event that conditions imposed may be waived or made less burdensome without sacrificing a proper margin of safety, the department may authorize an owner to revise the plans and specifications accordingly.

article: 6. Inspection During Progress of Work


citation: WAT § 6404

text: If at any time during construction, enlargement, repair, or alterations of any dam or reservoir the department finds that the work is not being done in accordance with the provisions of the approval and the approved plans and specifications or in accordance with the approval and revised plans and specifications, it shall give a written notice and order by registered mail or by personal service to the owner.

article: 6. Inspection During Progress of Work


citation: WAT § 6405

text: The notice and order shall state the particulars in which the approval and approved plans and specifications or the approval and approved plans and specifications as revised are not being or have not been complied with and shall order the immediate compliance with the approval and approved plans and specifications or with the approval and approved revised plans and specifications as the case may be.

article: 6. Inspection During Progress of Work


citation: WAT § 6406

text: The department may order that no further work be done until such compliance has been effected and approved by the department.

article: 6. Inspection During Progress of Work


citation: WAT § 6407

text: A failure to comply with the approval and approved plans and specifications as originally approved or as revised shall render the approval subject to revocation by the department, if compliance is not made in accordance therewith after notice and order from the department as provided in this article.

article: 6. Inspection During Progress of Work


citation: WAT § 6425

text: Every person who violates any of the provisions of this part or of any approval, order, rule, regulation, or requirement of the department is guilty of a misdemeanor and punishable by a fine of not more than two thousand dollars ($2,000) or by imprisonment in the county jail not exceeding six months, or both. In the event of a continuing violation each day that the violation continues constitutes a separate and distinct offense.

chapter: 8. Offenses and Punishment

path: 3. DAMS AND RESERVOIRS > 8. Offenses and Punishment


citation: WAT § 6426

text: Any person who wilfully obstructs, hinders, or prevents the department or its agents or employees from performing the duties imposed by this part or who wilfully resists the exercise of the control and supervision conferred by this part upon the department or its agents or employees is guilty of a misdemeanor and punishable as provided in this article.


citation: WAT § 6427

text: Any owner or any person acting as a director, officer, agent, or employee of an owner, or any contractor or agent or employee of a contractor who engages in the construction, enlargement, repair, alteration, maintenance, or removal of any dam or reservoir, who knowingly does work or permits work to be executed on the dam or reservoir without an approval or in violation of or contrary to any approval as provided for in this part, or any inspector, agent, or employee of the department who has knowledge of such work being done and who fails to immediately notify the department thereof is guilty of a misdemeanor and punishable as provided in this article.


citation: WAT § 6428

text:
(a) Any owner who fails to pay any further fee or any part of a further fee required to be paid pursuant to Section 6305 within the time required shall pay a penalty of 10 percent of the further fee or part of the further fee, plus interest at the rate of one-half of 1 percent per month, or fraction of a month, from the date on which the further fee or the part of the further fee became due and payable to the state until the date of payment.

(b) Any owner who fails to pay any annual fee or any part of any annual fee required to be paid pursuant to Section 6307 within the time required shall pay a penalty of 10 percent of the annual fee or part of the annual fee, in addition to the annual fee or part of the annual fee, plus interest at the rate of one-half of 1 percent per month, or fraction of a month, from the date on which the annual fee or the part of the annual fee became due and payable to the state until the date of payment.

history: (History: Amended by Stats. 2017, Ch. 26, Sec. 90. (SB 92) Effective June 27, 2017.)


citation: WAT § 6429

text:
(a) The department may impose reservoir restrictions and levy property liens on an owner of a dam who fails to comply with any of the provisions of this part or any approval, order, rule, regulation, or requirement of the department.

(b) (1) The department shall post, and update annually, on its Internet Web site a report containing all of the following:

(A) The name of each reservoir subject to a restriction imposed pursuant to subdivision (a) and the reservoir’s associated downstream hazard potential classification.

(B) The effective date of the reservoir restriction.

(C) The reason for the restriction.

(D) Any actions, planned or completed, that the dam owner reports to the department to address the restriction.

(2) If no reservoir restrictions are in effect, the department shall post this fact on its Internet Web site.

history: (History: Amended by Stats. 2018, Ch. 543, Sec. 1. (AB 2516) Effective January 1, 2019.)


citation: WAT § 6430

text: Any person who unlawfully constructs or operates a dam without approval from the department shall pay a fine in the amount of the annual fees and the late penalties that would have been due for the period starting from the date the dam was completed to the date the violation was identified by the department.

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


citation: WAT § 6431

text: An owner of a dam who fails to comply with a department order to prepare an acceptable emergency action plan shall pay the cost and expense incurred by the department to prepare the emergency action plan. The department’s cost and expense shall be recoverable by the state from the owner.

history: (History: Added by Stats. 2017, Ch. 26, Sec. 93. (SB 92) Effective June 27, 2017.)


citation: WAT § 6432

text: In addition to any penalties imposed by any other law, the department may impose a civil penalty of up to one thousand dollars ($1,000) per day upon any owner of a dam who fails to comply with any provision of this part.

history: (History: Added by Stats. 2017, Ch. 26, Sec. 94. (SB 92) Effective June 27, 2017.)


citation: WAT § 6433

text:
(a) The Attorney General, upon request of the department, shall bring an action in superior court seeking injunctive relief, penalties, fees, costs, or any other remedies available to the department under this division.

(b) Any action or proceeding under this division shall be commenced in the superior court in the county that the cause or some part thereof arose, the owner or person complained of has its principal place of business, or the owner or person complained of resides.

(c) In any civil action brought pursuant to this division that the department determines there is a threat to human health, safety, or the environment, and seeks a temporary restraining order, preliminary injunction, or permanent injunction, it shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction, or permanent injunction not be issued, or that the remedy at law is inadequate, and the temporary restraining order, preliminary injunction, or permanent injunction shall issue without those allegations and proof.

history: (History: Added by Stats. 2023, Ch. 51, Sec. 34. (SB 122) Effective July 10, 2023.)


citation: WAT § 6450

text: Any dam which the department finds was not 90 percent constructed on August 14, 1929 shall be subject to the same provisions as a dam commenced after that date.

path: 3. DAMS AND RESERVOIRS > 9. Dams Under Construction Prior to August 14, 1929


citation: WAT § 6451

text: Construction work on such a dam may proceed, if an application for approval thereof is filed, until an order from the department is received approving the dam or specifying how its construction must be made or altered to render it safe. After receipt of an order directing the construction of such a dam, work thereafter must be in accordance with the order.

chapter: 9. Dams Under Construction Prior to August 14, 1929


citation: WAT § 6452

text: Dams found to be 90 per cent or more constructed on August 14, 1929 shall be subject to the same supervision as dams which were completed prior to that date.


citation: WAT § 6455

text: Every owner of a dam or reservoir that falls within the definition of a dam or reservoir in this part by virtue of the amendment of Section 6002 or the addition of Section 6004.5 at the 1965 Regular Session of the Legislature and that was completed prior to September 17, 1965, shall immediately file an application with the department for the approval of such dam or reservoir; provided that this Chapter 10 shall not apply to any reservoir which contains the water impounded by a dam for which a certificate of approval is in effect on September 17, 1965.

path: 3. DAMS AND RESERVOIRS > 10. Dams and Reservoirs Under State Supervision Through 1965 Revisions of Part 1 > 1. Dams and Reservoirs Completed Before 1965 Revisions


citation: WAT § 6456

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

chapter: 10. Dams and Reservoirs Under State Supervision Through 1965 Revisions of Part 1

article: 1. Dams and Reservoirs Completed Before 1965 Revisions


citation: WAT § 6457

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


citation: WAT § 6458

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


citation: WAT § 6459

text: The department shall make inspections of such dams or reservoirs at state expense.


citation: WAT § 6460

text: The department shall require owners of such dams or reservoirs to perform at their expense such work or tests as necessary to disclose information sufficient to enable the department to determine whether to issue certificates of approval or to issue orders directing further work at the owner’s expense necessary to safeguard life and property. For this purpose, the department may require an owner to lower the water level of, or to empty, the reservoir.


citation: WAT § 6461

text: If, upon inspection or upon completion to the satisfaction of the department of all work that may be ordered, the department finds that the dam or reservoir is safe to impound water, a certificate of approval shall be issued. The owner of the dam or reservoir shall not, through action or inaction, cause the dam or reservoir to impound water following receipt by the owner of a written notice from the department that a certificate will not be issued because the dam or reservoir will not safely impound water. Before such notice is given by the department, the department shall hold a hearing. Written notice of the time and place of the hearing shall be mailed at least 20 days prior to the date set for the hearing, to the owner of the dam or reservoir. Any interested persons may appear at the hearing and present their views and objections to the proposed action. Any petition for a writ of mandate to inquire into the validity of the action of the department shall be commenced within 30 days after receipt by the owner of a written notice from the department that a certificate of approval will not be issued.


citation: WAT § 6465

text: Any dam or reservoir that falls within the definition of a dam or reservoir in this part by virtue of the amendment of Section 6002 or the addition of Section 6004.5 at the 1965 Regular Session of the Legislature and which the department finds was under construction and not 90 percent constructed on September 17, 1965, shall, except as provided in Section 6466, be subject to the same provisions in this part as a dam or reservoir commenced after that date. Every owner of such a dam or reservoir shall file an application with the department for the department’s written approval of the plans and specifications of the dam or reservoir. Where an application for approval of the plans and specifications for a dam is pending before the department on September 17, 1965, such application shall be deemed to also constitute an application for approval of the plans and specifications of the reservoir which will contain the water impounded by the dam.

path: 3. DAMS AND RESERVOIRS > 10. Dams and Reservoirs Under State Supervision Through 1965 Revisions of Part 1 > 2. Dams and Reservoirs Under Construction Before 1965 Revisions


citation: WAT § 6466

text: Construction work on such a dam or reservoir may proceed, provided an application for approval of the plans and specifications therefor is filed, until a certificate of approval is received by the owner from the department approving the dam or reservoir or an order is received by the owner from the department specifying how the construction must be performed to render the dam or reservoir safe. After receipt of an order specifying how construction of the dam or reservoir must be performed, work thereafter must be in accordance with the order.

article: 2. Dams and Reservoirs Under Construction Before 1965 Revisions


citation: WAT § 6467

text: Such dams or reservoirs as are 90 percent or more constructed on September 17, 1965, shall be subject to the same supervision as dams or reservoirs which were completed prior thereto.


citation: WAT § 6470

text: The owners of completed dams or reservoirs and dams or reservoirs that are 90 percent or more constructed that are made subject to the provisions of this part by the amendment of Section 6002 or the addition of Section 6004.5 at the 1965 Regular Session of the Legislature shall not be required to pay a fee in relation to applications filed with the department for approval of their dams or reservoirs. Applications for the approval of dams or reservoirs that are made subject to this part by said amendment or addition that are found by the department to have been less than 90 percent constructed on September 17, 1965, shall be accompanied by fees as much less than provided for dams or reservoirs commenced after that date as the percentage of construction found by the department to have been completed on that date.

path: 3. DAMS AND RESERVOIRS > 10. Dams and Reservoirs Under State Supervision Through 1965 Revisions of Part 1 > 3. Fees for Dams or Reservoirs Under Construction Before 1965 Revisions


citation: WAT § 6500

text: Whenever an application for approval of plans and specifications for a new dam, or for the enlargement of any dam, in any stream in this State, is filed pursuant to Part 1 of this division, a copy of the application shall be filed with the Fish and Game Commission as required by the Fish and Game Code.

part: 2. FISHWAYS OVER DAMS

path: 3. DAMS AND RESERVOIRS > 10. Dams and Reservoirs Under State Supervision Through 1965 Revisions of Part 1 > 3. Fees for Dams or Reservoirs Under Construction Before 1965 Revisions > 2. FISHWAYS OVER DAMS


citation: WAT § 6501

text: The provisions for the installation of fishways over or around dams and for the protection and preservation of fish in streams obstructed by dams are contained in Chapter 3 (commencing with Section 5900), Part 1, Division 6 of the Fish and Game Code.

history: (History: Amended by Stats. 1963, Ch. 309.)

article: 3. Fees for Dams or Reservoirs Under Construction Before 1965 Revisions


citation: WAT § 6600

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

(a) “Commission” means the Citizens Advisory Commission created pursuant to Section 6602.

(b) “Dam” means Oroville Dam, its appurtenant structures, the Feather River Fish Hatchery, and the Oroville-Thermalito Complex.

history: (History: Added by Stats. 2018, Ch. 509, Sec. 2. (SB 955) Effective January 1, 2019.)

path: 3. DAMS AND RESERVOIRS > 10. Dams and Reservoirs Under State Supervision Through 1965 Revisions of Part 1 > 3. Fees for Dams or Reservoirs Under Construction Before 1965 Revisions > 3. Citizens Advisory Commission for Oroville Dam


citation: WAT § 6602

text:
(a) There is hereby created within the Natural Resources Agency the Citizens Advisory Commission for Oroville Dam.

(b) (1) The commission shall consist of all of the following persons as members:

(A) The Secretary of the Natural Resources Agency or his or her designee, who shall be the chairperson.

(B) The director of the department or his or her designee.

(C) The director of the Department of Parks and Recreation or his or her designee.

(D) The director of the Office of Emergency Services or his or her designee.

(E) The commander of the Department of the California Highway Patrol field division that services the County of Butte or his or her designee.

(F) The member of the California State Senate representing the City of Oroville or his or her designee.

(G) The member of the California State Assembly representing the City of Oroville or his or her designee.

(2) The chairperson may request the participation of other state agencies if particular expertise or input is warranted.

(c) The chairperson shall invite all of the following persons to be members of the commission:

(1) Two members appointed by the City Council of the City of Oroville.

(2) Three members appointed by the Board of Supervisors of the County of Butte.

(3) Two members appointed by the Board of Supervisors of the County of Sutter.

(4) Two members appointed by the Board of Supervisors of the County of Yuba.

(5) One county deputy sheriff appointed by the Sheriff of Butte County.

(6) One county deputy sheriff appointed by the Sheriff of Sutter County.

(7) One county deputy sheriff appointed by the Sheriff of Yuba County.

(d) In selecting members, the appointing bodies identified in paragraphs (1) to (4), inclusive, of subdivision (c) shall strive to appoint members who reflect the broad interests of the community they represent.

part: 3. Citizens Advisory Commission for Oroville Dam


citation: WAT § 6604

text:
(a) The members of the commission appointed pursuant to subdivision (c) of Section 6602, if any, shall select the vice chairperson by a majority vote of those members.

(b) The term of office of all members shall be three years, except those who are members of the Legislature, who shall serve for the duration of their term or terms representing the City of Oroville. If a vacancy occurs due to resignation, death, or absence from three consecutive meetings, the appointing power shall fill the vacancy following receipt of written notification that a vacancy has occurred.

(c) The commission shall meet as necessary to carry out the purposes and duties of the commission.

(d) Meetings of the commission shall be open to the public and held in accordance with Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code.


citation: WAT § 6606

text:
(a) The commission shall do all of the following:

(1) Serve as a representative to the public for the purposes of providing public input and receiving information from the dam operator.

(2) Act as a unified voice from the communities surrounding Oroville Dam to provide public feedback, advice, and best practices to the dam operator.

(3) Publish a report at least once every three years that provides all of the following:

(A) An overview of ongoing maintenance and improvements made at the dam and its site.

(B) A register of communications received by the commission from the department and other parties.

(C) Notice of upcoming plans made by the department for the dam and its site.

(D) An overview of flood management projects on the Feather River affecting public safety and flood risk reduction.

(b) The commission may request, from the department’s Division of Flood Management or the reclamation or flood management district with jurisdiction over the Feather River, or any combination of those entities, levee system visits, briefings, or information regarding Feather River levees and levee-related flood risk.

(c) The commission shall not make regulations or rules to bind operations at the dam.

history: (History: Amended by Stats. 2019, Ch. 497, Sec. 283. (AB 991) Effective January 1, 2020.)


citation: WAT § 6608

text:
The department shall do all of the following for the commission:

(a) Provide onsite tours of the dam and its grounds.

(b) Provide all information reasonably requested by the commission regarding the construction, rehabilitation or reconstruction, operation, maintenance, and management of the dam, including, but not limited to, any of the following:

(1) Asset management plans regarding facilities and equipment of the dam.

(2) Scheduled or anticipated repairs, restoration, or replacement of facilities or major equipment.

(3) Changes in flood management rules.

(c) Provide updates on Feather River flood management activities, including site visits and briefings.

history: (History: Amended by Stats. 2019, Ch. 497, Sec. 284. (AB 991) Effective January 1, 2020.)


citation: WAT § 6610

text: The commission shall have the power to visit the dam, its site, and site personnel in furtherance of the goals of this part. The power of visitation specified in this section shall not extend to a situation where institutional security would be jeopardized.


citation: WAT § 6612

text: The commission may receive in-kind assistance or funds, or both, from public and private sources. These funds are available to the commission upon appropriation by the Legislature.


citation: WAT § 6700

text:
(a) (1) The department shall, upon appropriation by the Legislature, develop and administer the Dam Safety and Climate Resilience Local Assistance Program established pursuant to this section. The purpose of the program shall be to provide state funding for repairs, rehabilitation, enhancements, and other dam safety projects at existing state jurisdictional dams and associated facilities that were in service prior to January 1, 2023.

(2) Before disbursing grant funds pursuant to this part, the department shall develop and adopt program guidelines and project solicitation documents. Any guidelines and project solicitation documents developed pursuant to this section are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(b) Dam safety and enhancement projects eligible to receive funding under the program include the following:

(1) Dam repairs to allow water storage to full capacity.

(2) New spillway and spillway repair projects at existing dams.

(3) Dam and reservoir seismic retrofit projects.

(4) Enhancement of water supply and downstream flood risk reduction such as implementation of Forecast-Informed Reservoir Operations.

(5) One-time projects to remove sediment resulting from wildfires or extraordinary storm events.

(6) Improvements to dam appurtenances to address dam safety-related deficiencies identified by the department.

(c) Upon appropriation by the Legislature, funds shall be available to the department to provide grants to owners of state jurisdictional dams for dam safety projects that provide the following public benefits, in order of priority:

(1) Protection of public safety.

(2) Restoration of water storage.

(3) Flood risk reduction.

(4) Enhancement of water supply reliability.

(5) Enhancement, protection, or restoration of habitat for fish and wildlife.

(6) Protection of water quality.

(d) The department shall not award any funds under this section for raising dams, increasing reservoir space, or otherwise increasing water impoundment.

(e) A grant cost share of at least 50 percent shall be required for projects funded pursuant to this part. Federal funding and other state loans and grants may be used as grant cost share. The department may waive or reduce the grant cost share if it would cause extreme financial hardship to the grant recipient and the dam poses an unacceptable public safety risk.

history: (History: Added by Stats. 2023, Ch. 51, Sec. 35. (SB 122) Effective July 10, 2023.)

path: 3. DAMS AND RESERVOIRS > 10. Dams and Reservoirs Under State Supervision Through 1965 Revisions of Part 1 > 3. Fees for Dams or Reservoirs Under Construction Before 1965 Revisions > 4. Dam Safety and Climate Resilience Local Assistance Program


citation: WAT § 7000

text: As used in this chapter “conduit” includes ditch, pipe line, and flume.

article: 1. Definitions

path: 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS > 1. Joint Use of Wells, PumpingPlants and Conduits > 1. Definitions


text:
(a) This article shall only apply to conduits located within the County of Siskiyou.

(b) Where a conduit is constructed across or buried beneath the lands of two or more landowners, and the conduit is not under the control or management of any public agency or authority, a landowner whose property the conduit is constructed across or buried beneath may modify or replace the conduit on or beneath their land if the modification or replacement is made in a manner that does not impede the flow of the water to any other water right holder receiving a benefit of the conduit.

(c) Where a conduit is constructed across or buried beneath the lands of two or more landowners, and the conduit is not under the control or management of any public agency or authority, a water right holder to the water in the conduit may modify or replace the conduit on or beneath the land of any landowner whose land the conduit is constructed across or buried beneath if the modification or replacement is made in a manner that does not impede the flow of the water to any other water right holder receiving a benefit of the conduit.

(d) (1) If a water right holder makes a modification or replacement pursuant to subdivision (c), written permission is required if the conduit is constructed across or buried beneath lands owned by a public landowner.

(2) A water right holder proposing a modification or replacement pursuant to subdivision (c) shall provide written notice at least 30 days before the start of the modification or replacement when proposing work on land owned by a public landowner, including detailed information on the proposed work and access to the conduit on the land.

(3) A public landowner may condition its permission or deny a request.

(4) A public landowner granting permission has no obligation to investigate the applicability of subdivision (c) to the proposed modification or replacement and shall not be liable to any other affected landowner if the landowner requesting to do the modification or replacement does not have the authority pursuant to that subdivision.

(e) A landowner or water right holder proposing a modification or replacement pursuant to subdivision (c) shall provide written notice to a private landowner at least 30 days before the start of the modification or replacement when proposing work on land owned by the private landowner, and shall include detailed information on the proposed work and access to the conduit on the land in the written notice. The landowner or water right holder proposing a modification or replacement of a conduit shall be liable for any damage to a private landowner’s property that may occur during the replacement or modification.

(f) Any increased operation costs, maintenance costs, or other expenses involved in the modification or replacement of the conduit shall be the responsibility of the landowner or water right holder who makes the change.

(g) Nothing in this section gives a landowner or water right holder the right to alter the flow of water in a manner that would negatively affect other water right holders that benefit from use of the conduit.

(h) If provisions regarding access to, or a modification or replacement of, a conduit are provided for in a recorded easement or an agreement among the affected landowners or water right holders that is inconsistent with this section, the provisions of the easement or agreement shall control.

(i) For purposes of this article, the following definitions apply:

(1) “Modify or replace” includes the ability to install new, or improve existing, piping, lining, or other methods that provide for conservation and beneficial use of water, as provided in Section 100.

(2) “Public landowner” means any district, governmental agency, or other governmental entity that owns an easement or any other right to land.

history: (History: Added by Stats. 2023, Ch. 889, Sec. 1. (SB 836) Effective January 1, 2024.)

path: 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS > 1. Joint Use of Wells, PumpingPlants and Conduits > 2. Landowner or Water Right Holder Right to Modify or Replace Jointly Used Conduits


citation: WAT § 7001

text: When two or more persons are associated by agreement in the use of a conduit, well, or pumping plant, for the conveyance, obtaining or disposing of water, or are using such conduit, well, or pumping plant, or any part thereof, for any lawful purpose, to the construction of which they or their grantors have contributed, each is liable, in the absence of any agreement to the contrary, to the others for the reasonable expenses of maintaining and repairing the same proportionately to the use actually made of such conduit, well or pumping plant whether used in connection with irrigation or drainage.

history: (History: Amended by Stats. 1949, Ch. 431.)

path: 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS > 1. Joint Use of Wells, PumpingPlants and Conduits > 3. Contribution of Expenses of Jointly Used Wells, Pumping Plants or Conduits


citation: WAT § 7002

text: If any person neglects, after demand in writing, to pay his proportion of the expenses under the next preceding section, he is liable therefor in an action for contribution, and in any judgment obtained against him interest from the time of demand shall be included.

division: 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS

chapter: 1. Joint Use of Wells, PumpingPlants and Conduits

article: 3. Contribution of Expenses of Jointly Used Wells, Pumping Plants or Conduits


citation: WAT § 7003

text: The action authorized by this article may be brought by any or all of the parties who have contributed more than his or their just proportion of the expenses, and the plaintiff may recover, as costs, reasonable counsel fees to be fixed by the court.


citation: WAT § 7005

text: When two or more persons are using any conduit, well, or pumping plant for the conveyance of water or any part thereof for the irrigation of land or for any other lawful purpose, to the construction of which they or their grantors have contributed, and which is not under the control or management of any public agency or authority, any one or more of them may bring an action in the superior court of the county in which the conduit, well, or pumping plant, or some part thereof, is situated, for a declaration of the respective rights of the users of water in the conduit, well, or pumping plant, including a determination of the manner in which the conduit, well, or pumping plant shall be administered with respect to repair, upkeep, improvement, and otherwise.

path: 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS > 1. Joint Use of Wells, PumpingPlants and Conduits > 4. Proceeding for Declaration of Rights in Jointly Used Wells, Pumping Plants or Conduits


citation: WAT § 7006

text: The complaint shall contain the names, if known, of all users, and if there are users whose names are unknown, a statement that they are unknown.

article: 4. Proceeding for Declaration of Rights in Jointly Used Wells, Pumping Plants or Conduits


citation: WAT § 7007

text: The users other than those bringing the action shall be styled defendants.


citation: WAT § 7008

text: The summons shall contain the names of the parties, and an order to the defendants to appear and show cause why the determination of rights as prayed for in the complaint should not be granted. In all other particulars the summons shall be in the form of, and served in the same manner as, a summons in a civil action.


citation: WAT § 7009

text: The court shall determine the manner in which all improvements, repairs, maintenance and other matters relating to the conduit, well, or pumping plant shall be authorized, and thereafter no user of such conduit, well, or pumping plant may make claim for any funds expended for improvements, repairs, maintenance and otherwise except as determined by the court in said action. No authorization for such claim shall be valid except as made under the authority set forth by the decree or judgment of the court.


citation: WAT § 7010

text: The decree shall include a determination of the proportionate amount which all users shall contribute to the maintenance, repair, improvement and other expenses relating to the conduit, well, or pumping plant.


citation: WAT § 7030

text: As used in this chapter, “conduit” includes canal, ditch, culvert, pipeline, flume, or other appliance for conducting water.

history: (History: Repealed and added by Stats. 1961, Ch. 1786.)

path: 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS > 3. Bridges and Conduits on or Near Highways


citation: WAT § 7031

text: As used in this chapter, except in Section 7034, “highway” includes both state and county highways as defined by or identified in the Streets and Highways Code.

chapter: 3. Bridges and Conduits on or Near Highways


text: As used in this chapter, “bridge” means a structure constructed to allow the conducting of water underneath by canal, ditch, flume or other uncovered appliance for conducting water.

history: (History: Added by Stats. 1967, Ch. 998.)


citation: WAT § 7032

text: No conduit shall be laid, constructed, or maintained so as to obstruct any highway.


citation: WAT § 7033

text: Every person or public district or agency who or which initially constructs, or improves for his or its own benefit, any conduit crossing or running along any pre-existing highway, shall construct or improve such conduit in accordance with standards established by the county or State as the case may be, and at the expense of the person so constructing or improving such conduit.


citation: WAT § 7034

text:
Bridges or conduits heretofore or hereafter constructed in a permanent manner, whether by encroachment permit or otherwise, which cross county highways and which have been constructed or brought up to county standards, and have been accepted, either formally or informally by appropriate action, shall, after such acceptance, and regardless of who constructed them, be the sole responsibility of the county, so far as maintenance, repair, improvement for the benefit of the county, reconstruction or replacement of such bridges and conduits are concerned. If any such county highways become state highways, the State shall succeed to the foregoing obligations of the county.

The amendment of this section made at the 1963 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the pre-existing law.

history: (History: Amended by Stats. 1963, Ch. 524.)


citation: WAT § 7035

text:
Whenever any conduit for conducting water crosses a highway and no written records exist showing that the highway rights-of-way existed prior to the conduit rights-of-way, it shall be conclusively presumed that the conduit was in place and lawfully maintained prior to the highway and such conduit shall be repaired, improved for the benefit of the public agency having jurisdiction over such highway, and replaced, if necessary, by the public agency having jurisdiction over such highway, provided that usual acts of maintenance of the conduit, such as cleaning the conduit of dirt or silt, shall be performed by and at the expense of the person using the conduit.

This section shall not apply to any conduit as to which Section 7034 is applicable.

history: (History: Amended by Stats. 1974, Ch. 36.)


citation: WAT § 7036

text:
Any public district or private utility and any county may enter into a contract agreeing to pay and apportion between them the costs of locating, removing, repairing, or relocating any facilities owned or to be owned by either party on the roads or other property of the other in such proportion and upon such terms as the governing boards of the parties shall determine to be equitable.

This section shall not supersede the provisions of this chapter.


citation: WAT § 7040

text: The flow of water in any natural stream to the intake of any canal diverting water from the stream for any public use, or the use of any farming neighborhood may be maintained by the person in charge of the use.

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

chapter: 4. Maintenance of Flow in Streams

path: 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS > 4. Maintenance of Flow in Streams


citation: WAT § 7041

text: The flow may be maintained by restoring or repairing any break in the bank of the stream, by maintaining the banks of the stream, and by preventing by physical structure and other appropriate means any increased flow of water through any natural by-ways of water which carry or threaten to carry an increased flow of water of the stream away from the canal intake.


citation: WAT § 7042

text: No act authorized in this chapter when performed, shall prevent, retard or obstruct the building and maintenance thereafter of any reclamation, protection, or flood control levee.


citation: WAT § 7043

text: No act authorized in this chapter shall prevent the use or enlargement of any natural channel for municipal purposes or for use in connection with any artificial system of drainage, irrigation, or flood control which does not cause the flow of water in the channel at the intake of the canal to be less than the quantity of water the owners and appropriators have the right to divert into the intake.


text: Only as applied to the New River in Imperial County, as used in this chapter, “use or enlargement of any natural channel for municipal purposes” includes, but is not limited to, sewage treatment and pollution prevention and the encasing and piping of the New River to protect human health and the natural environment.

history: (History: Added by Stats. 2005, Ch. 112, Sec. 1. Effective January 1, 2006.)


citation: WAT § 7044

text: No act authorized in this chapter shall prevent the use or enlargement of any natural channel to convey water appropriated under the laws of this State, where the channel is designated as the means, or part of the means of conveying the water so appropriated.


citation: WAT § 7045

text: No acts authorized by this chapter shall limit the powers of the Department of Water Resources to accomplish in its own way the purposes of this chapter nor interfere with the construction of any flood control works in accordance with any plan of flood control adopted by the Reclamation Board.

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


citation: WAT § 7047

text:
No person may alter, divert or deflect the course of any nonnavigable stream in any surface mining dredging operation without first obtaining the approval of the board of supervisors of the county in which dredging is being done.

Nothing in this section shall be construed as conflicting with the powers of the State Reclamation Board or the California Debris Commission or contractors or permittees carrying out flood control projects under authority of either board or commission.

history: (History: Amended by Stats. 1955, Ch. 481.)

chapter: 4.5. Stream Courses

path: 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS > 4.5. Stream Courses


citation: WAT § 7048

text:
(a) The Legislature hereby finds and declares that the protection, restoration, and enhancement of urban creek channels provide potential benefits to the state by combining an effective and efficient means of flood damage reduction with the preservation and enhancement of natural environmental values. The Legislature further finds that urban creek protection, restoration, and enhancement are best undertaken by local agencies and organizations with assistance from the state. It is the intent of the Legislature, in enacting this section, to restore the ecological viability of creek environments located in predominantly urban areas, thereby enhancing aesthetic, recreational, and fish and wildlife values.

(b) (1) The director may establish a program of flood damage reduction and urban creek restoration known as the Urban Streams Restoration Program. The program shall consist of both of the following components:

(A) The development of the capability by the department to respond to requests from local agencies and organizations for planning and design assistance for efficient and effective urban creek protection, restoration, and enhancement.

(B) To the extent that funds are provided, a process for awarding competitive grants.

(2) For purposes of this section, urban creek protection, restoration, and enhancement include, but are not limited to, the maintenance of channel capacity, channel stabilization, vegetation management, the reduction of water quality impairments and nonpoint source water pollution, the establishment of parkways for public use that benefit flood control and water quality, and adaptive management to meet program objectives. Where appropriate, the protection, restoration, and enhancement shall utilize efficient, nonstructural low-maintenance flood protection techniques. The department shall utilize in this program its expertise in a variety of disciplines, including, but not limited to, soil bioengineering, hydrology, and plant ecology.

(3) (A) The department shall maintain a balance in allocating the money annually available for grants to small urban creek restoration projects and large urban stream restoration projects, allocating not less than 35 percent to both small and large projects. For purposes of this section, “small urban creek restoration projects” are projects for which total costs, including acquisition and restoration costs, are below one million dollars ($1,000,000) and “large urban stream restoration projects” are projects for which total costs, including acquisition and restoration costs, are one million dollars ($1,000,000) or more.

(B) Notwithstanding subparagraph (A), if an insufficient number of qualified projects are available to fully meet the allocation requirement, the department may grant funds to any project that is otherwise qualified, in order to ensure that all available funds are used efficiently.

(c) In responding to requests for assistance, the department shall give priority to those projects that are being planned in conjunction with, or in lieu of, local flood control projects. The department may award grants and contracts to local agencies and organizations as provided for in the budget of the department. Participating local agencies and organizations shall follow procedures, plans, and practices that are acceptable to the department, and shall conform to guidelines established by the department that define the level of contribution and participation required by local agencies and organizations.

The department shall coordinate the program with the Department of Fish and Wildlife during the formulation of guidelines and project planning for urban creek protection, restoration, and enhancement. The department shall also consult with the Department of Fish and Wildlife on project criteria which may include economic, environmental, and social benefits to be achieved.

(d) It is the intent of the Legislature that the duties and responsibilities of the department be identified as the Urban Streams Restoration Program and be carried out by an office or staff designated for this purpose. Information on how to obtain planning, design, and financial assistance should be readily accessible to the public.

(e) As used in this section, “urban creek” means a creek, stream, or river that crosses built-up residential, commercial, or industrial property, or that crosses land where, in the near future, the land use will be residential, commercial, or industrial.

(f) For the purposes of this section, eligible activities include, but are not limited to, the maintenance of channel capacity and stabilization of the morphological equilibrium of a natural channel for purposes of flood damage reduction, erosion control, and bank stabilization which may include nonstructural as well as structural projects.

(g) The department may adopt regulations that define “adaptive management” for the purposes of the Urban Streams Restoration Program, and establish criteria to fund projects that include adaptive management activities.

(h) The department may amend or utilize existing regulations for approving competitive grants. The regulations may include, but are not limited to, an application process, grant approval criteria, and grantee’s reporting requirements. The department shall annually make available to the public, in a form that is readily accessible, information regarding the status of funds appropriated for these purposes and projects that received grants.

(i) In order to address the unique ecological, flood control, water quality, and hydrological conditions associated with urban creeks and watersheds on the California-Mexico border, the department shall consult with the California-Mexico Border Relations Council to establish criteria to fund projects that improve conditions for cross-border urban creeks.

history: (History: Amended by Stats. 2015, Ch. 668, Sec. 9. (AB 965) Effective January 1, 2016.)


citation: WAT § 7049

text:
(a) Upon an appropriation of funds from the Legislature, the department shall establish a program to implement watershed-based riverine and riparian stewardship improvements by providing technical and financial assistance in support of projects that reduce flood risk, restore and enhance fish populations and habitat, improve water quality, achieve climate change benefits, and in general ensure resilient ecological function within areas that include, but are not limited to, urban or urbanizing areas of the state.

(b) The program shall support the purposes of and be coordinated with the Urban Streams Restoration Program established pursuant to Section 7048, fish passage improvements, and other similar programs to accomplish increased ecological, stream management, climate, and community improvement benefits from state and other funds available for riverine stewardship projects. The department may participate in and support local partnerships, including, but not limited to, in disadvantaged communities, to ensure projects incorporate the best-available science, assessment data, and ecologically relevant practices, and address state and local community needs and priorities.

(c) The program shall include all of the following elements:

(1) Support for partnerships with local agencies, nonprofit organizations, resource conservation districts, and community groups to identify multibenefit opportunities, local needs, and watershed restoration or enhancement objectives. Partnerships shall include local community nonprofit organizations and other state agencies as appropriate and to the degree those agencies and organizations are able to participate.

(2) Early engagement by the department. Engagement in conceptualizing and defining the project shall be prioritized over the design, construction, and operation of a completed project.

(3) Assistance in planning the natural resource restoration, landscaping, and infrastructure elements of a project consistent with appropriate local and regional land use and resource recovery plans.

(4) Design assistance to ensure a project will protect or enhance natural river and stream process and function using the best bioengineering and ecological practices while considering low-impact development, energy and water conservation, and community access and use for local recreation, trails, and other purposes.

(5) Evaluation and assessment processes to monitor success in meeting riverine stewardship goals and community needs.

(6) Assistance, as appropriate, with project administration, including, but not limited to, communication among partnership groups, enhancing the capacity of communities to effectively participate, and looking for and managing various funds obtained for the project.

(7) Plans or schedules delineating the work to be completed by the department and each partner.

(d) The department may provide technical assistance for the purposes of this section either directly or otherwise, including, but not limited to, by collaborating with other state agencies, appropriate California State University or University of California programs, or other similar programs, providing educational development and field experience for students in watershed sciences.

(e) Grant funds available for the purposes of Section 7048 or this section may be available for use by the recipient for design, engineering, and other technical assistance for the purposes of the program.

history: (History: Amended by Stats. 2018, Ch. 92, Sec. 216. (SB 1289) Effective January 1, 2019.)


citation: WAT § 7050

text: Every person owning or occupying lands upon the bank of any stream where the lands lying back of the stream are lower than the bank, is responsible for all damages sustained by the owners or occupants of lower lands by reason of any cut or embrasure made in the bank of the stream by the owner or occupant of the bank.

chapter: 5. Cuts in Banks of Streams

path: 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS > 5. Cuts in Banks of Streams


citation: WAT § 7051

text: If the cuts were made for the purpose of irrigation, and headgates and culverts were installed which competent persons consider sufficient to restrain the water, and if great diligence was used to prevent damage, these facts may be pleaded and proved in mitigation of damages.


citation: WAT § 7075

text: Water which has been appropriated may be turned into the channel of another stream, mingled with its water, and then reclaimed; but in reclaiming it the water already appropriated by another shall not be diminished.

chapter: 6. Use of Streams as Conduits

path: 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS > 6. Use of Streams as Conduits


citation: WAT § 7080

text:
(a) (1) Beginning July 1, 2030, a water supplier shall have access to sufficient backup energy sources to operate critical fire suppression infrastructure needed to supply water for at least 24 hours for the purpose of fire suppression in high or very high fire hazard severity zones in the County of Ventura or have access to alternative sources of water supplied by a different water supplier or agency that can serve this same purpose of supplying backup water to critical wells and water pumps for 24 hours. If backup energy sources are not equipped with an automatic or remote transfer switch, backup power shall be turned on as soon as practically possible after deenergization. For backup energy sources equipped with an automatic or remote transfer switch, backup power shall be turned on within 30 minutes of a loss in power. For water suppliers with alternative sources of water supplied by others, the source of water shall be available within 30 minutes and supply the amount of water otherwise supplied by the water supplier.

(2) In the event that the backup energy source used by the water supplier to meet the requirements in paragraph (1) is not a permanent and stationary source of energy, a water supplier may use mobile backup energy sources or procure an energy source via an established mutual aid agreement provided the backup energy source can provide power within 12 hours of the National Weather Service alerting the region of a red flag warning and provide power for at least 24 hours after a loss of power and within 60 minutes of a loss of power.

(3) A water supplier that has entered into a contract to procure backup energy sources in compliance with paragraph (1) before July 1, 2030, but has not received the backup energy source by July 1, 2030, shall be considered to be in compliance with this subdivision if the water supplier has access to, or possession of, the backup energy source by January 1, 2033.

(b) (1) The water supplier shall identify critical fire suppression infrastructure or alternative sources of water and provide that identification to the Ventura County Office of Emergency Services no later than May 1, 2026. If any changes are made to the list by the water supplier, the water supplier shall provide an updated list to the Ventura County Office of Emergency Services within 120 days of the changes being made.

(2) The Ventura County Office of Emergency Services shall establish procedures for a water supplier to provide the identification required in paragraph (1) by March 1, 2026, including procedures for updating or amending the information at the request of the office.

(c) (1) By January 1, 2027, the Ventura County Fire Department shall develop minimum fire safety standards, in consultation with water suppliers and local fire departments, for the purpose of fire hardening critical fire suppression infrastructure and backup energy sources located in the high or very high fire hazard severity zone, as identified pursuant to paragraph (1) of subdivision (b).

(2) Upon completion of the minimum fire safety standards required by paragraph (1), the Ventura County Fire Department shall annually inspect critical fire suppression infrastructure and backup energy sources located in the high or very high fire hazard severity zone to ensure critical fire suppression infrastructure and backup energy sources located in high or very high fire hazard severity zones meet fire safety standards developed by the Ventura County Fire Department. If there is a local fire department in the area being inspected, the inspection by the Ventura County Fire Department shall occur in consultation with the local fire department.

(3) Upon completion of the minimum fire safety standards required by paragraph (1), the water supplier shall annually inspect critical fire suppression infrastructure and backup energy sources serving the high or very high fire hazard severity zone, but not located within the zone, to ensure functionality.

(d) (1) (A) A water supplier shall establish an emergency preparedness plan for response to red flag warnings, extreme weather events, and other major power outages or emergencies that pose a potential threat to providing water service in coordination with the Ventura County Office of Emergency Services and the Ventura County Fire Department. The water supplier shall annually review the emergency preparedness plan and update if necessary.

(B) The emergency preparedness plan shall include, but is not limited to, the consideration of filling water tanks and stationing emergency backup energy sources.

(C) For water systems that are required to prepare and submit an emergency response plan to the Public Utilities Commission, the emergency preparedness plan shall be incorporated into the emergency response plan.

(2) If the National Weather Service alerts the region of a red flag warning, a water supplier shall initiate action under the emergency preparedness plan established pursuant to paragraph (1).

(e) (1) A water supplier shall notify the Ventura County Office of Emergency Services within three business days of any reduction in its water delivery capacity that could substantially hinder firefighting operations or significantly delay the replenishment of reservoirs.

(2) A water supplier shall alert the Ventura County Office of Emergency Services as soon as it becomes aware during a fire event of any reduction in its water delivery capacity that could substantially hinder firefighting operations or significantly delay the replenishment of reservoirs.

(f) (1) If any fire damages and makes uninhabitable more than 10 residential dwellings within the service area of a water supplier, there shall be a report made by the Ventura County Fire Department in cooperation with the water supplier. The report shall be presented to the Ventura County Board of Supervisors by the Ventura County Fire Department at a regularly scheduled board meeting.

(2) The report described in paragraph (1) shall include, and is limited to, an assessment of whether water tanks were filled at an appropriate level for fire suppression, as outlined in the emergency preparedness plan prepared pursuant to subdivision (d), whether disruption of water delivery due to a lack of electricity was timely and appropriately mitigated by the water supplier, and whether critical fire suppression infrastructure and backup energy sources met the fire safety standards described in paragraph (1) of subdivision (c).

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

(1) “Critical fire suppression infrastructure” means wells and water pumps that are critical for supplying water for fire suppression in the high or very high fire hazard severity zone.

(2) “High or very high fire hazard severity zone” shall refer to those areas identified by the State Fire Marshal as high or very high fire hazard severity zones pursuant to Section 51178 of the Government Code.

(3) (A) “Water supplier” means a community water system, as that term is defined in subdivision (i) of Section 116275 of the Health and Safety Code, that supplies water that is used for the suppression of fire in either a high or very high fire hazard severity zone to more than 20 total residential dwellings in those zones in the County of Ventura.

(B) “Water supplier” does not include a water wholesaler that does not provide retail water service.

(h) This section shall not apply to the following:

(1) Water delivery systems that are gravity fed and do not require any backup power to continue to operate during a power shutoff.

(2) Nonpotable, recycled, irrigation, or agricultural water systems that are not used for fire suppression.

(i) Nothing in this section changes the confidentiality level of the information shared with the Ventura County Office of Emergency Services pursuant to subdivision (b).

history: (History: Added by Stats. 2025, Ch. 690, Sec. 1. (AB 367) Effective January 1, 2026.)

chapter: 7. County of Ventura Fire Suppression

path: 4. WELLS, PUMPING PLANTS, CONDUITS AND STREAMS > 7. County of Ventura Fire Suppression


citation: WAT § 8000

text: The provisions of this chapter are intended to be paramount and controlling as to all matters provided for in, and as to all questions arising out of procedure under, this chapter.

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

division: 5. FLOOD CONTROL

chapter: 1. Flood Control by Cities

article: 1. General Provisions

path: 5. FLOOD CONTROL > 1. Flood Control by Cities > 1. General Provisions


citation: WAT § 8001

text: As used in this chapter, “works” includes canals, ditches, levees, dikes, embankments, dams, machinery, and other appropriate or ancillary means of accomplishing the purposes mentioned in this chapter.

article: 1. General Provisions


citation: WAT § 8002

text: As used in this chapter, “city” means any city, town, or municipal corporation incorporated under the laws of this State.

article: 1. General Provisions


citation: WAT § 8003

text: As used in this chapter, “city council” includes the legislative body of any city by whatever name it may be designated.

article: 1. General Provisions


citation: WAT § 8004

text: Every publication required by this chapter shall be made in some newspaper published in the city.

article: 1. General Provisions


citation: WAT § 8005

text: Except as otherwise specifically provided, if publication is in a daily paper the publication shall appear in at least 10 issues thereof, and if in a weekly paper in at least two issues thereof.

article: 1. General Provisions


citation: WAT § 8006

text: No publication shall be deemed to have begun until any required preceding publication has been completed.

article: 1. General Provisions


citation: WAT § 8007

text: A capital improvement project undertaken by a charter city to extend that city’s water, sewer, or storm drain system or similar system to a disadvantaged community in an unincorporated area shall be considered a public work for the purpose of Section 1720 of the Labor Code, but any subsequent project to construct, expand, reconstruct, install, or repair such systems that have been so extended and that are conducted within that city’s political boundaries shall not be considered a public work for the purpose of Section 1720 of the Labor Code as a result of the extension. For the purpose of this section, “disadvantaged community” means a disadvantaged community as defined in Section 79505.5.

history: (History: Added by Stats. 2009, 2nd Ex. Sess., Ch. 7, Sec. 20. Effective May 21, 2009.)

article: 1. General Provisions


citation: WAT § 8010

text:
Any city may, pursuant to this chapter, incur indebtedness and liability, although in excess of the income and revenue provided by it for the current fiscal year, but not so that the aggregate funded indebtedness of the city exceeds 6 per cent of the assessed value of all the real and personal property in the city, for any or all, or any part of, the following purposes:

(a) To protect the city from overflow by water.

(b) To drain the city.

(c) To secure an outlet for overflow water and drainage.

article: 2. Preliminary Proceedings

path: 5. FLOOD CONTROL > 1. Flood Control by Cities > 2. Preliminary Proceedings


citation: WAT § 8011

text: The works may be situated within or without the territorial limits of the city.

article: 2. Preliminary Proceedings


citation: WAT § 8012

text: The city council shall have some competent person make general plans and estimates of the cost of the contemplated works.

article: 2. Preliminary Proceedings


citation: WAT § 8013

text: The general plans and estimates shall, after adoption, be filed in the office of the clerk of the city, and shall be substantially adhered to thereafter in proceedings under this chapter.

article: 2. Preliminary Proceedings


citation: WAT § 8014

text: After the filing of the general plans and estimates, and by resolution or ordinance of intention passed at a regular meeting by a vote of two-thirds of all its members and approved by the executive of the city, the city council shall determine, if so advised, that the public good demands the construction, acquisition, and completion, or either, of the works.

article: 2. Preliminary Proceedings


citation: WAT § 8015

text: The city council, by the same resolution or ordinance, shall determine, if so advised, that the cost of the works will be too great to be paid out of the ordinary income or revenue of the city.

article: 2. Preliminary Proceedings


citation: WAT § 8016

text: The resolution or ordinance of intention, shall, after its passage and approval, be published.

article: 2. Preliminary Proceedings


citation: WAT § 8020

text: Within one month after the publication of the resolution or ordinance of intention, and by resolution or ordinance passed at a regular meeting by a vote of two-thirds of all its members, and approved by the executive of the city, the city council shall call a special election, and submit to the qualified voters of the city the proposition to incur a debt for any or all of the purposes mentioned in this chapter which have been determined to be demanded for the public good.

article: 3. Election

path: 5. FLOOD CONTROL > 1. Flood Control by Cities > 3. Election


citation: WAT § 8021

text:
The resolution or ordinance calling the special election shall specify the following:

(a) The purpose for which the indebtedness is proposed to be incurred.

(b) The estimated cost of the things proposed.

(c) That bonds of the city will issue in the amount of the estimated cost.

(d) The number and character of the bonds.

(e) The rate of interest to be paid.

(f) The amount of the tax levy for each year during the outstanding of the bonds to be made for their payment.

article: 3. Election


citation: WAT § 8022

text: The resolution or ordinance calling the election shall be published.

article: 3. Election


citation: WAT § 8023

text: The city council shall publish, after the publication of the resolution or ordinance calling the election and prior to the day of holding the special election, a notice of the election, which shall set forth substantially all the matters contained in the resolution or ordinance calling the election.

article: 3. Election


citation: WAT § 8024

text: The special election shall be held in the manner provided by law for holding elections in the city.

article: 3. Election


citation: WAT § 8025

text: The votes of two-thirds of all the voters voting at the special election are necessary to authorize the incurring of any indebtedness or the issuance of any bonds under this chapter.

article: 3. Election


citation: WAT § 8026

text: If two-thirds of all the votes cast at the special election are in favor of the proposition submitted, the city council may, by ordinance reciting the result of the election, provide for the issuance of the proposed bonds and any matter incidental thereto.

article: 3. Election


citation: WAT § 8030

text: All bonds issued under this chapter shall be serial bonds and of such denominations as the city council determines.

article: 4. Bonds

path: 5. FLOOD CONTROL > 1. Flood Control by Cities > 4. Bonds


citation: WAT § 8031

text: No bond shall be for less than one hundred dollars ($100) nor for more than one thousand dollars ($1,000).

article: 4. Bonds


citation: WAT § 8032

text: Not less than one-fortieth part of the whole indebtedness evidenced by the whole of the issue of bonds shall be, by the terms of the bonds, made payable each and every year.

article: 4. Bonds


citation: WAT § 8033

text: Each bond shall be made payable in lawful money of the United States on a day and at a place designated in the bond, with interest at the rate specified in the bond.

article: 4. Bonds


citation: WAT § 8034

text: The interest rate shall not exceed 8 percent per annum, and shall be fixed by the city council.

history: (History: Amended by Stats. 1975, Ch. 130.)

article: 4. Bonds


citation: WAT § 8035

text: The place of payment shall be either at the office of the treasurer of the city, or at some designated bank in San Francisco, Chicago, or New York.

article: 4. Bonds


citation: WAT § 8036

text: The bonds shall be executed on the part of the city by the mayor or other executive, and the treasurer, and countersigned by the clerk of the city.

article: 4. Bonds


citation: WAT § 8037

text: The interest coupons shall be numbered consecutively and signed by the treasurer.

article: 4. Bonds


citation: WAT § 8038

text: Any of the bonds may be issued and sold by the city council at not less than its face value.

article: 4. Bonds


citation: WAT § 8039

text: The proceeds of the sale of the bonds shall be deposited in the city treasury to the credit of a designated fund and shall be applied exclusively to the purposes and objects for which the electors have voted to incur indebtedness or liability until the purposes and objects are accomplished, after which the surplus, if any, may be transferred to the general fund of the city.

article: 4. Bonds


citation: WAT § 8050

text:
The city council of every city in or for which any works are constructed for the purposes specified in this chapter, and for which indebtedness has been incurred under the provisions of this chapter may do any of the following:

(a) Make all needed rules and regulations for acquisition, construction, and completion of the works.

(b) Appoint all necessary agents, superintendents, and engineers to supervise and construct the works.

(c) Protect and preserve the rights and interests of the city in respect to the works.

article: 5. Powers of City Council

path: 5. FLOOD CONTROL > 1. Flood Control by Cities > 5. Powers of City Council


citation: WAT § 8051

text: All contracts for the works shall be let, in such parcels as the city council determines, to the lowest responsible bidder, after notice inviting sealed proposals has been published.

article: 5. Powers of City Council


citation: WAT § 8052

text: Security or bonds may be required in order to guarantee good faith in bidding and in the performance of contracts, or either, in such amount as the city council determines.

article: 5. Powers of City Council


citation: WAT § 8053

text: The city council may reject any or all bids.

article: 5. Powers of City Council


citation: WAT § 8054

text: The city council may, by resolution, require the treasurer of the city to give additional bonds for the safe custody and care of public funds derived under this chapter.

article: 5. Powers of City Council


citation: WAT § 8060

text: The city council, at the time of fixing the general tax levy, and in the manner provided for the general tax levy, shall levy and collect each year for the term of 40 years, a tax sufficient to pay the annual interest on the bonds and also one-fortieth part of the aggregate amount of the indebtedness.

article: 6. Taxation

path: 5. FLOOD CONTROL > 1. Flood Control by Cities > 6. Taxation


citation: WAT § 8061

text: The taxes required by this chapter to be levied and collected shall be in addition to all other taxes levied for municipal purposes, and shall be collected at the same time and in the same manner as other municipal taxes are collected.

article: 6. Taxation


citation: WAT § 8100

text:
Under such limitations and restrictions as are prescribed by law, and in addition to jurisdiction and powers otherwise conferred, the boards of supervisors, in their respective counties, may appropriate and expend money from the general fund of the county for any of the following purposes in connection with streams or rivers in the county:

(a) The construction of works, improvements, levees or check dams to prevent overflow and flooding.

(b) The protection and reforestation of watersheds.

(c) The conservation of the flood waters.

(d) The making of all surveys, maps and plats necessary to carry out any work, construction or improvement authorized by this article.

(e) The carrying out of any work, construction or improvement authorized by this article outside the county if the rivers or streams affected flow in or through more than one county.

chapter: 2. Flood Control in Counties

path: 5. FLOOD CONTROL > 2. Flood Control in Counties > 1. General Powers Relating to Flood Control


citation: WAT § 8101

text: A board of supervisors may appropriate and expend money from the general or other appropriate funds of the county for the construction of works, improvements, levees or check dams to prevent the overflow and flooding of streams and rivers in the county, and for that purpose may construct works, improvements, levees or check dams outside the county.

article: 2. Flood Control Work Outside of County

path: 5. FLOOD CONTROL > 2. Flood Control in Counties > 2. Flood Control Work Outside of County


citation: WAT § 8102

text: Work under this article may be done upon channels, streams or rivers which flow through or lie in more than one county, or where the work is reasonably necessary for the control of flood waters in the county upon a channel, river or stream which does not lie or flow in or through two or more counties.

article: 2. Flood Control Work Outside of County


citation: WAT § 8103

text: In connection with flood control work under this article, whether done by the county or by any district therein or agency thereof, highways, bridges and other public works affected thereby or which will be of public benefit, whether located in the county, or wholly or partially in incorporated or unincorporated territory outside the county may be constructed, reconstructed, remodeled, maintained, repaired or demolished.

article: 2. Flood Control Work Outside of County


citation: WAT § 8104

text: The work described in the next preceding section may be done at the expense of the county doing the flood control work, or of any district or agency therein which is doing the work. The legislative bodies of the counties and cities affected may provide by agreement that the work be done at the joint expense of the county or counties and city or cities in which the work is done.

article: 2. Flood Control Work Outside of County


citation: WAT § 8105

text: Nothing in this article shall be construed to authorize the imposition of any tax or special assessment either by the county or any district in, or agency of, the county on any property outside the county doing the work whether the work is done directly by the county or by any district in, or agency of the county.

article: 2. Flood Control Work Outside of County


citation: WAT § 8106

text: Nothing in this article shall be construed to authorize the doing of any work outside the county without the consent of the legislative body of the county in which the work is to be done if in unincorporated territory or of the legislative body of any city in which any of the works are situated in whole or in part.

article: 2. Flood Control Work Outside of County


citation: WAT § 8110

text:
The board of supervisors may provide by ordinance for the organization and government of districts for the following purposes:

(a) To protect and preserve the banks of rivers and streams and lands lying contiguous thereto from injury by overflow or washing.

(b) To provide for the improvement of rivers and streams.

(c) To prevent the obstruction of rivers and streams.

(d) To assess, levy and collect within each district a tax for the district.

article: 3. County Flood Control Districts

path: 5. FLOOD CONTROL > 2. Flood Control in Counties > 3. County Flood Control Districts


citation: WAT § 8125

text: “Non-navigable streams,” as used in this article, means streams and washes in a county which are not declared by law to be navigable and which are not in fact navigable for commercial purposes.

article: 4. Improvement of Non-Navigable Streams

path: 5. FLOOD CONTROL > 2. Flood Control in Counties > 4. Improvement of Non-Navigable Streams


citation: WAT § 8126

text: The board of supervisors may provide for widening, deepening, straightening, removing obstructions from, and otherwise improving non-navigable streams the overflow of which interferes with highways, and for protecting the banks and adjacent lands from overflow of non-navigable streams.

article: 4. Improvement of Non-Navigable Streams


citation: WAT § 8127

text: The board may make regulations for the use of the streams and the repair and control of the works.

article: 4. Improvement of Non-Navigable Streams


citation: WAT § 8128

text: No regulations of the board nor improvements directed by it to be made shall in any manner interfere with the private rights or privileges of riparian owners, miners, or others.

article: 4. Improvement of Non-Navigable Streams


citation: WAT § 8129

text: Whenever, in the opinion of the board of supervisors, the general fund is insufficient to defray the cost of the improvements provided for under this article, the board may levy a tax or contract a bonded indebtedness therefor in the manner provided by Title 3 of the Government Code.

history: (History: Amended by Stats. 1953, Ch. 320.)

article: 4. Improvement of Non-Navigable Streams


citation: WAT § 8150

text: As used in this chapter, “drainage improvement” means any storm drain improvement, drainage improvement, or drainage system, authorized to be transferred pursuant to this chapter.

history: (History: Added by Stats. 1953, Ch. 138.)

article: 1. General Provisions

path: 5. FLOOD CONTROL > 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts > 1. General Provisions


citation: WAT § 8151

text: As used in this chapter, “date of transfer” means (a) the date of the resolution of the governing body of a flood control district accepting any drainage improvement transferred to it by a county as provided in Article 2 of this chapter, and (b) the date of the resolution, order, or ordinance of the legislative body of any city transferring and conveying any drainage improvement to the flood control district pursuant to Article 3 of this chapter.

chapter: 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts

article: 1. General Provisions


citation: WAT § 8152

text: As used in this chapter “city” includes city and county, and “county” does not include city and county.

article: 1. General Provisions


citation: WAT § 8155

text:
Drainage improvements authorized to be transferred and conveyed by this article are those which lie within the territorial limits of the flood control district to which they are conveyed, and are included in one or all of the following classes:

(a) Those which were constructed under the jurisdiction, control, or supervision of the board of supervisors of the county, and which are under the jurisdiction of the board.

(b) Those which were constructed by or for the county or any drainage district or flood control district in such county.

(c) Those constructed pursuant to the provisions of an act entitled “An act to promote the drainage of wet, swamp and overflowed lands, and to promote the public health in communities in which they lie,” approved March 21, 1903, as amended, and those which have been constructed pursuant to the provisions of the Drainage District Improvement Act of 1919, as amended, prior to January 1, 1937.

(d) Those within any city in such county whose legislative body has transferred and conveyed such drainage improvements to a flood control district, pursuant to Article 3 of this chapter.

article: 2. Transfers by Counties

path: 5. FLOOD CONTROL > 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts > 2. Transfers by Counties


citation: WAT § 8156

text: Any county within the limits of which there are drainage improvements within any of the classes mentioned in Section 8155 may, by a four-fifths vote of the members of the board of supervisors, transfer and convey all, but not less than all, of the drainage improvements in the county and within such classes to any flood control district in the county. The flood control district shall thereupon assume sole control and jurisdiction over such drainage improvements.

article: 2. Transfers by Counties


citation: WAT § 8157

text: The flood control district to which such drainage improvements are transferred shall, upon acceptance of such transfer by four-fifths vote of the members of the governing body of the district, assume and provide for the operation, maintenance, and repair thereof, and thereupon be and become solely liable for the payment of the principal upon the bonds of any drainage improvement district, including bonds of districts secured by and payable out of a fund derived from specific or direct assessments which are a lien against particular parcels of land issued pursuant to the Drainage District Improvement Act of 1919, maturing subsequent to the date of such conveyance and transfer and for the payment of the interest upon the bonded debt of such drainage district represented by coupons maturing subsequent to the date of transfer.

article: 2. Transfers by Counties


citation: WAT § 8158

text:
From and after the date of transfer no tax shall be levied upon the lands within any such drainage district for the payment of the subsequently maturing principal and interest upon bonds of such district, except such levy as may be made by the flood control district. However, the lands within such drainage district or districts shall be and remain liable for the payment of all of the following:

(a) All previously maturing principal and interest.

(b) All levies of drainage district taxes theretofore levied.

(c) All installments of specific or direct assessments theretofore due or delinquent.

The proceeds of the collection of such drainage district taxes and assessments shall be applied solely and exclusively to the payment of the principal and interest for which they were levied, and the surplus, if any, of the proceeds of such collections shall be deposited in the county treasury to the credit of the interest and sinking fund of the flood control district and used solely and exclusively for the payment of principal and interest of the bonds of the flood control district.

article: 2. Transfers by Counties


citation: WAT § 8160

text: Any city within the limits of which any drainage improvement has been constructed, and which drainage improvement also lies within the territorial limits of a flood control district, may, by four-fifths vote of the legislative body of the city, transfer and convey to the flood control district any drainage improvement; and, if drainage improvements have been conveyed to and accepted by a flood control district under the provisions of Article 2 of this chapter, such flood control district shall accept any drainage improvements conveyed to it by any city under this article.

article: 3. Transfers by Cities

path: 5. FLOOD CONTROL > 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts > 3. Transfers by Cities


citation: WAT § 8161

text: Thereupon the flood control district shall assume and provide for the operation, maintenance, repair, and improvement of such drainage improvements.

article: 3. Transfers by Cities


citation: WAT § 8162

text: From and after the date of transfer such flood control district is solely liable for the payment of the principal upon the general obligation bonds of any such drainage improvement district and upon bonds of such district secured by and payable out of a fund derived from specific or direct assessments which are a lien upon particular parcels of land, issued pursuant to the Improvement Bond Act of 1915, and for the payment of interest upon the bonded debt of any such drainage district represented by coupons maturing subsequent to the date of transfer.

article: 3. Transfers by Cities


citation: WAT § 8163

text:
From and after the date of transfer no tax shall be levied upon the lands within any such drainage district for the payment of the subsequently maturing principal and interest upon the bonds of such district, except such levy as may be made by the flood control district. However, the lands within such drainage distict or districts shall be and remain liable for the payment of all of the following:

(a) All previously maturing principal and interest.

(b) All levies of drainage district taxes theretofore levied.

(c) All installments of specific assessments securing such bonds which are payable or delinquent at the date of transfer.

article: 3. Transfers by Cities


citation: WAT § 8164

text: The proceeds of the collection of such drainage district taxes and assessments shall be applied solely and exclusively to the payment of the principal and interest for which they were levied and the surplus, if any, of the proceeds of such collections shall be deposited in the county treasury to the credit of the interest and sinking fund of such flood control district and used solely and exclusively for the payment of principal and interest of the bonds of such flood control district.

article: 3. Transfers by Cities


citation: WAT § 8165

text:
The legislative body of the county or city which conducted the proceedings for the organization of such drainage improvement districts may do all of the following:

(a) Order the cancellation of any special assessment district tax levied upon property within such special assessment districts subsequent to the date of transfer and any unpaid installments of specific or direct assessments becoming due or delinquent subsequent to the date of transfer.

(b) Refund and adjust all payments made upon such installments becoming due or delinquent subsequent to the date of transfer.

(c) Cancel any and all installments of specific or direct assessments levied to retire bonds issued under the Improvement Bond Act of 1915, due or delinquent prior to the date of transfer in any case in which the principal and interest upon such bonds maturing prior to the date of transfer have been paid and the bonds so matured have been canceled and retired.

path: 5. FLOOD CONTROL > 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts > 4. Cancellation and Refund of Assessments


citation: WAT § 8200

text: This chapter shall be known and may be cited as the Local Flood Protection Planning Act.

history: (History: Added by Stats. 2007, Ch. 364, Sec. 8. Effective January 1, 2008.)

chapter: 4. Local Plans of Flood Protection

path: 5. FLOOD CONTROL > 4. Local Plans of Flood Protection