citation: WAT § 9011

text: The compensation made to any reclamation district, levee district or drainage district shall be applied and credited pro rata toward the payment of the balance remaining unpaid upon the assessments levied by the board against the land respectively situated within the reclamation district, levee district or drainage district, as part of the assessment out of which the compensation is to be made, based upon the total amount of the assessment charges against the lands in such reclamation district, levee district or drainage district.

article: 2. Application of Compensation


kind: section

code: WAT

citation: WAT § 9012

text: When the compensation applied pursuant to the provisions of the next preceding section exceeds the total amount of such credits upon the assessments upon the lands in the district, the excess shall be paid to the district.

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

division: 5. FLOOD CONTROL

article: 2. Application of Compensation

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


citation: WAT § 9013

text: Whenever any reclamation district, levee district, or drainage district has warrants or a bond issue outstanding, or both, compensation made pursuant to the provisions of this article shall be paid directly to the district, and the compensation shall be applied and paid by the district, pursuant to the provisions of this article.

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

article: 2. Application of Compensation


citation: WAT § 9014

text: The compensation, or the proceeds thereof, when received by any reclamation district shall be paid or delivered by the board of trustees thereof to the county treasurer having the custody of the funds of the district.

article: 2. Application of Compensation


citation: WAT § 9015

text: The county treasurer shall place the compensation paid to a reclamation district in the fund of the district out of which warrants are payable.

article: 2. Application of Compensation


citation: WAT § 9016

text: When compensation is received by any levee district, or drainage district, it shall be paid or delivered by the governing body thereof to the officer having the custody of the funds who shall place the compensation into the proper funds of the district.

article: 2. Application of Compensation


citation: WAT § 9017

text: Any reclamation district, levee district, or drainage district, to which compensation is made, shall apply the same, or the proceeds thereof, to the payment of outstanding warrants of the district.

article: 2. Application of Compensation


citation: WAT § 9018

text: If any reclamation district, levee district, or drainage district, has a bond issue outstanding, the board of trustees of the district shall direct the county treasurer, or officer having the custody of the funds of the district to apply any residue of such compensation after the payment of all outstanding warrants to the payment of interest on the bonds, or the principal of the bonds, or both.

article: 2. Application of Compensation


citation: WAT § 9019

text: The county treasurer, or other officer having the custody of the funds of the district shall comply with such directions and transfer to the proper fund the necessary amount therefor.

article: 2. Application of Compensation


citation: WAT § 9020

text: The county treasurer shall transfer sufficient funds from the general fund of the district to the bond and interest fund for the purpose of carrying out the provisions of Section 9018.

article: 2. Application of Compensation


citation: WAT § 9021

text: Any district, association or corporation may act under this article through a majority of its trustees or other governing body.

article: 2. Application of Compensation


citation: WAT § 9025

text: Any reclamation district that has sold or transferred any of its levees, or other reclamation or flood control works, easements, or property of any kind, to the drainage district, Sutter-Butte By-Pass Project No. 6, or of any other unit or project, and received warrants issued by the drainage district, or of Sutter-Butte By-Pass Project No. 6, or of any other unit or project, in exchange or payment therefor, or has received compensation from the drainage district, or Sutter-Butte By-Pass Project No. 6, or any other project thereof, for any levee, land, right of way, easement, or property of any kind, included in any of the plans adopted for controlling the flood waters of the Sacramento and San Joaquin rivers or their tributaries, to be carried out by the board, may exchange the warrants, or any portion of them, at par and accrued interest, for outstanding warrants issued by the reclamation district, at par and accrued interest.

article: 3. Exchange of Warrants

path: 5. FLOOD CONTROL > 8. Districts and Persons Within Sacramento and San Joaquin Drainage District > 3. Exchange of Warrants


citation: WAT § 9026

text: Any person, owning and holding any warrants of a reclamation district may apply to the board of trustees of the reclamation district for an exchange of the warrants.

article: 3. Exchange of Warrants


citation: WAT § 9027

text: Upon application made pursuant to the next preceding section the board of trustees of the reclamation district shall make the exchange.

article: 3. Exchange of Warrants


citation: WAT § 9028

text: When any such exchange has been effected, the board of trustees of the reclamation district shall notify the county treasurer of the county in which the land, or the largest portion thereof, is situated, of the exchange.

article: 3. Exchange of Warrants


citation: WAT § 9029

text: After the exchange has been effected, the warrants of the district shall be marked: “Surrendered for warrants of Sacramento and San Joaquin Drainage District.”

article: 3. Exchange of Warrants


citation: WAT § 9030

text: Proper entries of the surrender payment shall be made upon the books of the reclamation district, and also of the county treasurer of the county having the custody of the funds of the reclamation district.

article: 3. Exchange of Warrants


citation: WAT § 9031

text: If the warrants of the drainage district, or any of its units or projects, are at the time of the offer for exchange, in the hands and custody of the county treasurer of the county in which the land of the reclamation district, or of the largest portion thereof, is situated, the county treasurer of the county shall make the exchange on the terms, and in the manner provided by this chapter, whenever application is made to him for such purpose.

article: 3. Exchange of Warrants


citation: WAT § 9035

text:
In any new, additional, or supplemental assessment of any reclamation district, the following shall be determined:

(a) The amount that should be assessed upon each tract of land according to the benefits that accrued to each tract of land from the expenditures represented by the warrants of the reclamation district that have been exchanged or surrendered for or paid by warrants of the drainage district or of Sutter-Butte By-Pass Project No. 6 or any other unit or project.

(b) The amount which should have been apportioned to each tract of land if the warrants of the drainage district or of Sutter-Butte By-Pass Project No. 6 or any other unit or project had been distributed to the tract of land or owner thereof proportionately to the percentage which the tract of land was assessed on the last assessment made by the reclamation district for the construction or acquisition of the levees, easements and property sold or transferred to the drainage district or any project thereof.

article: 4. Assessments

path: 5. FLOOD CONTROL > 8. Districts and Persons Within Sacramento and San Joaquin Drainage District > 4. Assessments


citation: WAT § 9036

text: If it appears that the amount that would have been assessed against any tract of land is greater than the amount to which the tract or owner thereof would have been entitled if the distribution had been made, the excess shall be assessed to the tract.

article: 4. Assessments


citation: WAT § 9037

text: If the amount is less than the amount to which the tract or owner would have been entitled, the difference shall be paid to the owner of such tract by the reclamation district.

article: 4. Assessments


citation: WAT § 9040

text: Any reclamation district, levee district or drainage district in which there are lands within the boundaries of the drainage district, which lands are subject to the lien of assessment number 6, or supplemental assessment number 6, levied in connection with project number 6, may present to any officer authorized by law to collect such assessments, warrants of the drainage district owned by it, and issued in connection with project number 6, in payment of the assessment on the lands.

path: 5. FLOOD CONTROL > 8. Districts and Persons Within Sacramento and San Joaquin Drainage District > 5. Land Subject to Lien of Assessment No. 6


citation: WAT § 9041

text: Any officer authorized by law to collect the assessments named in this article shall accept at the face value, plus accrued interest, the warrant or warrants tendered in payment of the assessment.

article: 5. Land Subject to Lien of Assessment No. 6


citation: WAT § 9042

text: Payment in warrants shall be made on a pro rata basis on all lands in the district subject to such assessment.


citation: WAT § 9043

text: It is discretionary with the board of trustees of any such reclamation district, levee district or drainage district to apply such warrants in payment of the assessment, or to apply the same as provided by Article 2 of this chapter.


citation: WAT § 9044

text: If any such warrants are delivered by the board of trustees to the county treasurer having the custody of the funds of any district, under the provisions of Article 2 of this chapter or otherwise, the county treasurer, shall upon the request of the board of trustees return the warrants to the reclamation district, levee district or drainage district to the end that the board of trustees thereof may apply the same pursuant to the provisions of this article.


citation: WAT § 9045

text: If the assessment, or any part of it has been paid in warrants by the district on any lands in the district by funds other than the funds of the district, the district shall deliver to the owner of such lands a warrant of the drainage district, levied in connection with project number 6, which in amount shall be equivalent to the same pro rata of the assessment on the lands as the district paid on other lands in the district.


citation: WAT § 9046

text: If it appears to the trustees of any such district that any such warrants owned by it will be paid from any assessment thereafter to be levied, and in their opinion 85 per cent, or more, of the moneys necessary to pay the warrants will be raised by an assessment on the lands within the district, the trustees may return the warrants to the board for cancellation and the warrants shall be canceled by the board and thereafter are inoperative and of no effect.


citation: WAT § 9047

text: The trustees shall not return the warrants to the board for cancellation, without the consent of the board, if an assessment is then in process of being levied to pay the warrants.


citation: WAT § 9048

text: Any reclamation, levee, irrigation, drainage or other district whatever, or any city, county, or political subdivision may make any contract, expend any of its money, or do anything which its governing body determines will directly or indirectly retire, reduce or remove from any of the land owned by it or held in trust for it by any county treasurer or other public officer, the lien of the Sutter-Butte By-pass Assessment No. 6 of the Sacramento and San Joaquin Drainage District, or will make it possible for the Reclamation Board to order the release of the lien of and abandon any part of said assessment. The trustees of a reclamation district or a county treasurer or other public officer acting as trustee for a reclamation district or other district shall have the right to expend funds of the district, including rentals collected and moneys received by the trustees of the district from lease of or for use or occupation of any land referred to in Sections 51750 to 51757, inclusive, of this code, in such amounts that may be necessary for any of the purposes mentioned in this section.

history: (History: Added by Stats. 1951, Ch. 450.)


citation: WAT § 9110

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

(a) “Fiscal year” has the same meaning as that set forth in Section 13290 of the Government Code.

(b) “Levee flood protection zone” means the area, as determined by the board or the department, that is protected by a project levee.

(c) “Local agency” means a local agency responsible for the maintenance of a project levee.

(d) “Maintenance” has the same meaning as that set forth in subdivision (f) of Section 12878.

(e) “Project levee” means any levee that is part of the facilities of the State Plan of Flood Control.

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

history: (History: Added by Stats. 2007, Ch. 366, Sec. 25. Effective January 1, 2008. See substantively similar Section 9110 in the Chapter 9 added by Stats. 2007, Ch. 368.)

chapter: 9. Reports

article: 1. Definitions

path: 5. FLOOD CONTROL > 9. Reports > 1. Definitions


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

(a) “Fiscal year” has the same meaning as that set forth in Section 13290 of the Government Code.

(b) “Levee flood protection zone” means the area, as determined by the board or the department, that is protected by a project levee.

(c) “Local agency” means a local agency responsible for the maintenance of a project levee.

(d) “Maintenance” has the same meaning as that set forth in subdivision (f) of Section 12878.

(e) “Project levee” means any levee that is part of the facilities of the State Plan of Flood Control.

(f) “State Plan of Flood Control” means the state and federal flood control works, lands, programs, plans, policies, conditions, and mode of maintenance and operations of the Sacramento River Flood Control Project described in Section 8350, and of flood control projects in the Sacramento River and San Joaquin River watersheds authorized pursuant to Article 2 (commencing with Section 12648) of Chapter 2 of Part 6 of Division 6 for which the board or the department has provided the assurances of nonfederal cooperation to the United States, and those facilities identified in Section 8361.

history: (History: Added by Stats. 2007, Ch. 368, Sec. 7. Effective January 1, 2008.)

article: 1. Definitions


citation: WAT § 9120

text:
(a) The department shall prepare and the board shall adopt a flood control system status report for the State Plan of Flood Control. This status report shall be updated periodically, as determined by the board. For the purposes of preparing the report, the department shall inspect the project levees and review available information to ascertain whether there are evident deficiencies.

(b) The status report shall include identification and description of each facility, an estimate of the risk of levee failure, a discussion of the inspection and review undertaken pursuant to subdivision (a), and appropriate recommendations regarding the levees and future work activities.

(c) On or before December 31, 2008, the board shall advise the Legislature, in writing, as to the board’s schedule of implementation of this section.

history: (History: Added by Stats. 2007, Ch. 366, Sec. 25. Effective January 1, 2008. See identical section in the Chapter 9 added by Stats. 2007, Ch. 368.)

article: 2. State Reports

path: 5. FLOOD CONTROL > 9. Reports > 2. State Reports


citation: WAT § 9121

text:
(a) On or before September 1, 2010, and on or before September 1 of each year thereafter, the department shall provide written notice to each landowner whose property is determined to be entirely or partially within a levee flood protection zone.

(b) The notice shall include statements regarding all of the following:

(1) The property is located behind a levee.

(2) Levees reduce, but do not eliminate, the risk of flooding and are subject to catastrophic failure.

(3) If available, the level of flood risk as described in the flood control system status report described in Section 9120 and a levee flood protection zone map prepared in accordance with Section 9130.

(4) The state recommends that property owners in a levee flood protection zone obtain flood insurance, such as insurance provided by the Federal Emergency Management Agency through the National Flood Insurance Program.

(5) Information about purchasing federal flood insurance.

(6) The Internet address of the Web site that contains the information required by the flood management report described in Section 9141.

(7) Any other information determined by the department to be relevant.

(c) A county, with assistance from the department, shall annually provide to the department, by electronic means, lists of names and addresses of property owners in a levee flood protection zone located in that county.

(d) Notwithstanding any other provision of the law, the department may enter into contracts with private companies to provide the notices required by this section.

article: 2. State Reports


citation: WAT § 9122

text: The board shall determine the areas benefited by facilities of the State Plan of Flood Control based on information developed by the department.

article: 2. State Reports


citation: WAT § 9130

text:
(a) The department shall prepare and maintain maps for levee flood protection zones. The department shall prepare the maps by December 31, 2008, and shall include in the maps a designation of those lands where flood levels would be more than three feet deep if a project levee were to fail, using the best available information. The maps shall include other flood depth contours if that information is available.

(b) The department shall distribute the levee flood protection zone maps to appropriate governmental agencies, as determined by the department.

(c) The department shall make the maps readily available to the public. The department may charge a fee for the cost of reproducing the maps. To the extent feasible, maps shall be made available on the Internet Web site of the department.

(d) The department may periodically revise the maps to include updated information when that information becomes available.

article: 3. Levee Flood Protection Zone Maps

path: 5. FLOOD CONTROL > 9. Reports > 3. Levee Flood Protection Zone Maps


citation: WAT § 9140

text:
(a) On or before September 30 of each year, a local agency responsible for the operation and maintenance of a project levee shall prepare and submit to the department, in a format specified by the department, a report of information for inclusion in periodic flood management reports prepared by the department relating to the project levee. The information submitted to the department shall include all of the following:

(1) Information known to the local agency that is relevant to the condition or performance of the project levee.

(2) Information identifying known conditions that might impair or compromise the level of flood protection provided by the project levee.

(3) A summary of the maintenance performed by the local agency during the previous fiscal year.

(4) A statement of work and estimated cost for operation and maintenance of the project levee for the current fiscal year, as approved by the local agency.

(5) Any other readily available information contained in the records of the local agency relevant to the condition or performance of the project levee, as determined by the board or the department.

(b) A local agency described in subdivision (a) that operates and maintains a nonproject levee that also benefits land within the boundaries of the area benefited by the project levee shall include information pursuant to subdivision (a) with regard to the nonproject levee.

(c) A local agency that incurs costs for the maintenance or improvement of a project or nonproject levee under the delta levee maintenance subventions program established pursuant to Part 9 (commencing with Section 12980) of Division 6 may submit information submitted to satisfy the requirements of that program to meet the requirements of paragraph (3) of subdivision (a), but may do so only for that reach of the levee included in that program.

(d) (1) A local agency responsible for the operation and maintenance of a levee not otherwise subject to this section may voluntarily prepare and submit to the department or the board a flood management report for posting on the Internet Web site of the department or the board.

(2) A flood management report submitted pursuant to paragraph (1) shall be made available on the Internet Web site of the board if the local agency is partially or wholly within the geographical boundaries of the board’s jurisdiction. Otherwise, the report shall be made available on the Internet Web site of the department.

article: 4. Local Reports

path: 5. FLOOD CONTROL > 9. Reports > 4. Local Reports


citation: WAT § 9141

text:
(a) The department shall prepare and transmit to the board a report on the project levees operated and maintained by each local agency, using information provided by the local agency pursuant to Section 9140 and information from relevant portions of any of the following documents, as determined by the department:

(1) Annual inspection reports on local agency maintenance prepared by the department or the board.

(2) The State Plan of Flood Control.

(3) The flood control system status report described in Section 9120.

(4) The schedule for mapping described in Section 8612.

(5) Any correspondence, document, or information deemed relevant by the department.

(b) The department shall make the flood management report for each local agency available on the Internet Web site of the board and shall provide the report to all of the following entities:

(1) The local agency.

(2) Any city or county within the local agency’s jurisdiction.

(3) Any public library located within the local agency’s jurisdiction.

(c) The report shall be completed on or before December 31, 2008, and shall be updated annually.

article: 4. Local Reports


citation: WAT § 9142

text: A local agency responsible for the operation and maintenance of a project levee may propose to the board an upgrade of the project levee if the local agency determines that the upgrade is appropriate. The local agency may implement that upgrade if approved by the board.

article: 4. Local Reports


citation: WAT § 9250

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

chapter: 1. Definitions

path: 5. FLOOD CONTROL > 1. Definitions


citation: WAT § 9251

text: “Board” means the reclamation board.


citation: WAT § 9252

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


citation: WAT § 9260

text: Whenever any assessment levied by the board upon lands within the drainage district has been completed and all of the hearings before the board in regard thereto have been held and the board is ready to make its order approving the assessment as finally fixed pursuant to the provisions of Chapter 5, Part 4, of this division the board may at the time of making the order finally approving the assessment, also determine, and make a part of the order, that in its judgment it is for the best interests of the owners of land in the drainage district affected by the assessment to issue bonds for the purpose of obtaining money to pay the cost of the works or other expenses for which the assessment was levied.

chapter: 2. General Provisions

path: 5. FLOOD CONTROL > 2. General Provisions


citation: WAT § 9261

text: If the board by its order determines to issue bonds, the subsequent proceedings in the matter of the assessment and the collection thereof and all other proceedings for the raising of money to be used for the purposes for which the assessment was levied, shall be in pursuance to the provisions of this part.


citation: WAT § 9262

text: If the board determines that it is best to issue bonds, the original assessment lists shall not be deposited in the offices of the respective county treasurers as directed by Chapter 5, Part 4, of this division, but shall be retained in the office of the board until after final determination of the judicial proceeding provided for in Chapter 3 of this part.


citation: WAT § 9263

text: With the money received from the sale of bonds, the board as the managing body of the drainage district shall proceed with the construction and completion or carrying into execution of the works or project for the purpose of which the assessment upon which the bonds are based was levied.


citation: WAT § 9264

text: No officer shall charge or receive any fee for any services required to be performed by him under the provisions of this part.


citation: WAT § 9265

text: Any reasonable and necessary expense actually incurred by any officer in carrying out any of the provisions of this part relating in any manner to the collection or enforcement of any assessment, shall be paid out of the funds of the drainage district applicable thereto.


citation: WAT § 9266

text: If the board or any member, officer, appointee, or employee thereof or any public officer mentioned or referred to in this part fails to perform any duties imposed by this part, the Attorney General shall compel the performance of such act by mandamus proceedings or by any other appropriate legal or equitable remedy.


citation: WAT § 9275

text: If the board determines, pursuant to the provisions of this part, that bonds should be issued, an action to determine the validity of the assessment may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.

history: (History: Repealed and added by Stats. 1961, Ch. 1536.)

chapter: 3. Validating Proceedings

path: 5. FLOOD CONTROL > 3. Validating Proceedings


citation: WAT § 9276

text: No objection to the assessment shall be considered by the court unless the objection has been made in writing to the board as provided in Part 4 of this division.


citation: WAT § 9277

text: The judgment shall refer to the assessment apportioned to each county separately and it shall be sufficient to refer to the portions of the assessment which are affected by the judgment.


citation: WAT § 9278

text: Unless the aggregate amount of the whole of the assessment is modified or amended by the judgment in the proceedings so as to cause a difference of more than 212 percent greater or less than the original total amount of the assessment, the assessment shall not be deemed to have been substantially modified and no necessity shall exist for a reapportionment thereof.


citation: WAT § 9279

text: The assessment lists, unless annulled by the judgment in the judicial proceeding, embracing any modifications made by the judgment are conclusive evidence that the assessment has been apportioned according to the benefits that will accrue to each tract of land in the drainage district by reason of the expenditure of the sums of money to be raised thereby.


citation: WAT § 9280

text: A certified copy of the judgment referring to the assessment lists shall be filed in the office of the board.


citation: WAT § 9281

text: A certified copy of so much of the judgment as relates to the lands in each of the counties affected thereby shall be affixed to the original assessment list for such county and the board shall thereupon cause such amendments or modifications to be made and entered upon the original assessment lists as may be necessary to make them conform to the provisions and directions of the judgment.


citation: WAT § 9282

text: The assessment lists as amended or modified shall be certified by the secretary or assistant secretary of the board as being in conformity with the requirements of the judgment.


citation: WAT § 9305

text: In the event that the assessment is annulled as a whole by the judicial proceeding, the board shall cause a new assessment to be made as provided in Part 4 of this division, and thereafter the same proceedings shall be had in regard thereto as provided in this part.

chapter: 4. Assessments

path: 5. FLOOD CONTROL > 4. Assessments


citation: WAT § 9306

text: When, if necesssary, the assessment lists have been modified and amended to conform to the requirements of the judgment and have been certified as provided in this part, the board shall file them in the offices of the county treasurers of the several counties in which are situated any of the lands assessed thereby.


citation: WAT § 9307

text: Each county treasurer shall indorse on the assessment list the time to the hour and minute when it was so filed in his office.


citation: WAT § 9308

text: From the time of filing as provided in the next preceding section the assessment constitutes a lien upon the lands in the county so assessed and imparts notice to all subsequent purchasers or encumbrancers or any person acquiring any interest in or lien upon the lands.


citation: WAT § 9309

text: At any time within 30 days after the assessment list is filed in the office of the county treasurer as provided in Section 9307, the whole amount of the assessment upon any tract of land therein separately assessed may be paid in cash to the county treasurer.


citation: WAT § 9310

text: Upon such payment the county treasurer shall issue his receipt and indorse the fact and date of payment upon the assessment list, and thereupon the lien of the assessment upon the tract of land ceases.


citation: WAT § 9311

text: The report of payment of the assessment shall be made by the county treasurer at once to the secretary of the board.


citation: WAT § 9312

text: The amount of assessments received by the county treasurer shall, within 30 days after receipt thereof by him, be deposited by him with the State Treasurer.


citation: WAT § 9313

text: The State Treasurer shall credit the amount of assessments received by him to the construction fund of the assessment.


citation: WAT § 9314

text: All assessments not paid in full within the 30-day period bear interest thereafter at the rate of 7 per cent per annum.


citation: WAT § 9315

text: If the amounts raised by means of the assesssment as provided in this part prove insufficient to pay in full all of the bonds and the interest thereon, the board shall levy and collect in the same manner as provided in Part 4 of this division, and this part, a supplementary annual assessment from time to time as may be necessary upon the same lands previously assessed in the original assessment.


citation: WAT § 9316

text: The supplemental assessment shall be levied by resolution of the board entered in its minutes.


citation: WAT § 9317

text: The board need not appoint assessors nor prepare new or additional assessment lists for any supplemental assessment, but the assessment shall be levied and apportioned according to benefits and in the same proportion as specified in the original assessment lists for the assessment.


citation: WAT § 9318

text: The board shall, for the purpose of collecting the supplemental assessment, prepare and certify to the county treasurers of the several counties annual assessment collection lists in the same manner and at the same times as provided for the annual assessment collection lists upon the original assesssment.


citation: WAT § 9319

text: The supplemental assessment shall be collected by the county treasurers, and the same percentages, penalties and costs added for delinquency and the same proceedings had for sale of property and for redemption thereof and for disposition of the proceeds of sale, and in all other particulars as provided in the case of the annual assessment collection lists upon the original assessment.


citation: WAT § 9320

text: All money collected for or on account of any supplemental assessment shall be paid over to the State Treasurer in the manner provided in this part, and credited by the State Treasurer to the bond redemption fund of the assessment.


citation: WAT § 9330

text: Upon the expiration of the 30-day period mentioned in Chapter 4 of this part, an election shall be called and held by the board in that part of the drainage district affected by the assessment or the issuance of bonds, to determine whether the money necessary to pay the cost of the works and other expenses to be paid out of the assessment shall be raised by calls to be made upon the assessment in such installments as may from time to time be determined by the board, or whether bonds of the drainage district shall be issued in an amount equal to the amount of the assessment then remaining unpaid.

chapter: 5. Bond Elections

article: 1. In General

path: 5. FLOOD CONTROL > 5. Bond Elections > 1. In General


citation: WAT § 9331

text: The unpaid amount shall be entered by the board in its records and stated by the board in its order for the election and the order for the election shall be entered upon the minutes of the board.

article: 1. In General


citation: WAT § 9332

text: At the election the owner of each tract of land assessed in and by the assessment, upon which the assessment has not been paid as provided in Chapter 4 of this part, may, in person or by proxy, cast one vote for each one cent ($0.01) of the amount for which the tract is assessed by the assessment.

article: 1. In General


citation: WAT § 9333

text: In case there is more than one owner of any tract of land separately assessed in and by the assessment, all of the owners shall unite in the ballot to be cast at the election for and on behalf of the tract, or shall authorize one or more of their number or some other person to cast the vote for them by proxy.

article: 1. In General


citation: WAT § 9334

text: Guardians, conservators, executors, administrators and other persons holding land in a trust capacity under appointment of court may vote at the election without obtaining special authority therefor.

history: (History: Amended by Stats. 1979, Ch. 730.)

article: 1. In General


citation: WAT § 9335

text: The vote of any public or private corporation or of any reclamation district, levee district, drainage district or other public agency entitled to vote at the election, may be cast by any person authorized by the board of directors or trustees or other managing body thereof.

article: 1. In General


citation: WAT § 9336

text: The authorization shall be in writing and certified to by the secretary or clerk of the district or public agency and attested by its seal duly acknowledged and filed with the board of election.

article: 1. In General


citation: WAT § 9337

text: No person shall vote by proxy at the election unless authority to vote is evidenced by an instrument in writing duly executed, acknowledged and certified in the same manner as grants of real property and filed with the board of election.

article: 1. In General


citation: WAT § 9338

text: In case of change of ownership of any tract of land, or in case the name of the owner of any tract of land is not correctly stated in the voting list, or in case the land is assessed to unknown owners, the right to vote shall belong to the owner of the land at the time of the holding of the election.

article: 1. In General


citation: WAT § 9339

text: If the right of any person to vote as the owner of any such tract of land is disputed or challenged, the question of his right to vote shall be determined by the board of election after examining him under oath.

article: 1. In General


citation: WAT § 9340

text: The oath may be administered by any member of the board of election.

article: 1. In General


citation: WAT § 9341

text: Any person testifying falsely upon such examination is guilty of perjury.

article: 1. In General


citation: WAT § 9342

text: Any person voting or attempting to vote at the election who is not entitled to vote at it, as provided in this part, is subject to the same penalties and punishments as provided by the general election laws of this State, for voting or attempting to vote illegally.

article: 1. In General


citation: WAT § 9343

text: For the purpose of determining the “reference number” of each tract separately assessed upon the assessment lists, the board shall, before preparing the voting lists, cause each tract of land separately assessed upon the assessment lists, unless already done, to be given a separate number designated as the “reference number” of the tract. The reference numbers shall be entered upon the assessment lists opposite the several tracts separately assessed.

article: 1. In General


citation: WAT § 9344

text: If the result of the election provided for in this chapter is against the issuance of bonds, then the assessment, or that portion thereof involved in and affected by the election shall be ordered paid and collected in such installments and as often as may in the judgment of the board be necessary for the purpose for which the assessment was originally levied as provided in Part 5 of this division.

article: 1. In General


citation: WAT § 9345

text: All subsequent proceedings in regard to the assessment shall be conducted as provided in Part 4 of this division and without any further reference to the provisions of this part.

article: 1. In General


citation: WAT § 9355

text: The board shall, in its order providing for the election, specify the day on which the election is to be held and shall specify and designate one or more polling places in each supervisor district wherein are situated any of the lands affected by the assessment.

path: 5. FLOOD CONTROL > 5. Bond Elections > 2. Polling Places, Notices and Board of Election


citation: WAT § 9356

text: In case the board considers it necessary or proper to provide more than one polling place in any supervisor district for the holding of the election, the board shall in its order divide the lands in the supervisor district and within the drainage district, into separate voting districts.

article: 2. Polling Places, Notices and Board of Election


citation: WAT § 9357

text: The board shall designate and provide one polling place within each voting district at which shall be cast the votes of the owners of land within the voting district.


citation: WAT § 9358

text: The board may combine contiguous portions of different supervisor districts into one voting district in cases where the lands in the voting district are not assessed to more than 100 different owners, counting one owner for each tract assessed to unknown owners and counting the estate of a deceased person as one owner.


citation: WAT § 9359

text: The board shall in the order providing the election, appoint a board of election for each polling place.


citation: WAT § 9360

text: The board of election shall consist of three owners of land assessed in and by the assessment and situated within the voting district where the polling place is located.


citation: WAT § 9361

text: Each member of the board of election, whether appointed by the board or whether acting as a substitute as provided in this part, is entitled to the sum of five dollars ($5) for his services.


citation: WAT § 9362

text: The compensation of the election officers shall be paid by the board out of any funds of the drainage district or of the board applicable thereto.


citation: WAT § 9363

text: If any person appointed as a member of the board of election fails to attend at the opening of the polls, the voters then present at the polling place may appoint in his place any landowner of the district then present and entitled to vote at the election.


citation: WAT § 9364

text: Each member of the board of election before entering upon the discharge of his duties shall take and subscribe an official oath, which may be administered by any officer authorized by law to administer oaths, or by any landowner in the drainage district.


citation: WAT § 9365

text: The oath shall be to the effect that he will support the Constitution of the United States and the Constitution of the State and that he will faithfully perform his duties as member of the election board to the best of his ability.


citation: WAT § 9366

text: Notice of the election shall be given by the board by posting notices thereof in at least three public places in each voting district at least 21 days prior to the election, and also by publication for the same length of time in some newspaper of general circulation published in each county in which any portion of the land assessed in and by the assessment is situated.


citation: WAT § 9367

text: The notice shall specify the time and place of holding the election, the aggregate face value of bonds proposed to be issued, and the names of the persons appointed to act as the board of election.


citation: WAT § 9368

text: Affidavits of publication and posting of the notices shall be filed with the county elections official of the county in which the notices have been posted or published, together with a copy of the order calling the election certified to by the secretary or assistant secretary of the board.

history: (History: Amended by Stats. 2002, Ch. 221, Sec. 150. Effective January 1, 2003.)


citation: WAT § 9369

text: Duplicate original affidavits of publication and posting of the notice, shall be filed in the office of the board.


citation: WAT § 9375

text:
The board shall, prior to the election, cause to be prepared and certified by its secretary or assistant secretary, and furnished to the board of election in each voting district, a true and correct voting list containing all of the following:

(a) The reference number of each tract separately assessed upon the assessment list.

(b) The name of the person to whom each tract assessed.

(c) The amount of the assessment on each tract with reference to which the election is to be held.

article: 3. Voting Lists and Ballots

path: 5. FLOOD CONTROL > 5. Bond Elections > 3. Voting Lists and Ballots


citation: WAT § 9376

text: The voting list shall be used by the board of election in determining the right to vote and the number of votes to be cast by each voter, and shall be sufficient evidence of these matters.

article: 3. Voting Lists and Ballots


citation: WAT § 9377

text: The ballot cast at the election shall contain the words “Bonds—Yes,” or the words “Bonds—No,” and also the signature of the person casting the ballot, with the number of votes cast by the voter.

article: 3. Voting Lists and Ballots


citation: WAT § 9378

text: A ballot cast by proxy shall contain the name of the landowner for whom the ballot is cast and the signature of the person casting the vote as proxy.

article: 3. Voting Lists and Ballots


citation: WAT § 9379

text: A list of the ballots cast shall be made by the board of election, containing the name of each voter, and if the ballot is cast by proxy, the name of the person casting it, the number of votes cast by each voter and whether they are cast for or against the issuing of the bonds.

article: 3. Voting Lists and Ballots


citation: WAT § 9385

text: The polls at each polling place for the election shall be kept open from 9 o'clock in the forenoon until 5 o'clock in the afternoon of the day appointed for the election.

article: 4. Canvass and Contest

path: 5. FLOOD CONTROL > 5. Bond Elections > 4. Canvass and Contest


citation: WAT § 9386

text:
At the close of the polls the board of election shall deliver to the elections official all ballots, voting lists, lists of ballots cast at the election, and all documents and paper used at the election. The county elections official shall do both of the following:

(a) Proceed to canvass the votes and declare the result.

(b) Prepare a certificate showing the result and the number of votes cast for and against the issuing of bonds to the board.

history: (History: Amended by Stats. 2002, Ch. 221, Sec. 151. Effective January 1, 2003.)

article: 4. Canvass and Contest


citation: WAT § 9387

text: The board shall examine and canvass the certificates received from the boards of election, and shall determine therefrom and declare, and enter in its minutes as the managing body of the drainage district, the total result of the election.

article: 4. Canvass and Contest


citation: WAT § 9388

text: Any person interested may within 10 days after the result of the election has been determined and declared by the board, contest the election so far and to such an extent as the contest depends upon the votes or proceedings had in the matter of the election in any county, by bringing suit in the superior court of that county.

article: 4. Canvass and Contest


citation: WAT § 9389

text: If no contest is commenced within the time mentioned in the next preceding section, the declaration of the result by the board is final and conclusive.

article: 4. Canvass and Contest


citation: WAT § 9395

text: If a majority of the votes cast at the bond election are in favor of the issuance of bonds, the board shall cause bonds of the drainage district, in the amount stated in the order calling the election, to be prepared and executed and delivered to the State Treasurer.

chapter: 6. Bonds

article: 1. In General

path: 5. FLOOD CONTROL > 6. Bonds > 1. In General


citation: WAT § 9396

text: The bonds shall be of the denomination of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) each.

article: 1. In General


citation: WAT § 9397

text: The bonds shall be signed by the president of the board, attested by its secretary with the seal of the board affixed thereto, numbered consecutively in the order of their maturity, and shall bear date either January 1st or July 1st.

article: 1. In General


citation: WAT § 9398

text: The bonds shall bear interest at a rate to be fixed by the order of the board for issuance of the bonds not to exceed 6 per cent per annum payable semiannually on the first day of January and the first day of July in each year, at the office of the State Treasurer upon presentation of the proper coupons therefor.

article: 1. In General


citation: WAT § 9399

text: Coupons for each installment of interest shall be attached to the bonds and shall bear the facsimile signature of the Controller.

article: 1. In General


citation: WAT § 9400

text: Whenever any of the bonds are sold or delivered by the State Treasurer either to a purchaser thereof or upon an order from the board payable in such bonds, the State Treasurer shall first detach therefrom and cancel all past due interest coupons and deliver the canceled coupons to the board or its secretary.

article: 1. In General


citation: WAT § 9401

text: The State Treasurer shall certify and deliver to the board or its secretary a list of bonds sold or delivered, showing the serial numbers, denominations, date of maturity, the price received for each bond sold, and the date of maturity of the earliest maturing interest coupon left attached to each bond.

article: 1. In General


citation: WAT § 9402

text: The State Treasurer shall certify and deliver to the board or its secretary, whenever requested, a statement of all bonds and coupons for interest thereon paid by him and of all bonds or coupons presented for payment and not paid for want of funds, with the date of presentation.

article: 1. In General


citation: WAT § 9403

text:
The bonds of the drainage district issued pursuant to this part which are investigated and approved by any commission or officer authorized by any law of this state to conduct the investigation and give the approval and by authority of which approval the bonds are declared to be legal investments for savings banks, may be lawfully purchased or received in pledge for loans by any of the following who hold funds which they are permitted by law to invest or loan:

(a) Banks.

(b) Trust companies.

(c) Insurance companies.

(d) Guardians and conservators.

(e) Executors.

(f) Administrators and special administrators.

(g) Any public officer or officers of this state or of any county, city, or city and county, or other municipality or corporate body within this state.

article: 1. In General


citation: WAT § 9404

text: If within one year from the time bonds are authorized to be issued as provided in this part, the bonds are not sold or disposed of, the board may at its discretion by an order duly made and entered in its minutes and a copy duly certified sent to the county treasurer of each county wherein lands affected by the assessment are situated, cancel all proceedings taken in connection with the bond issue.

article: 1. In General


citation: WAT § 9405

text: The board may thereafter call for the payment of the assessment in such installments from time to time as it shall determine and as provided in Part 4 of this division.

article: 1. In General


citation: WAT § 9410

text:
The bonds may be substantially in the following form:UNITED STATES OF AMERICANo. _________STATE OF CALIFORNIA$ __________SACRAMENTO AND SAN JOAQUIN DRAINAGE DISTRICTSacramento and San Joaquin Drainage District, in the State of California, for value received, hereby acknowledges itself indebted to and promises to pay to the holder hereof at the office of the State Treasurer of the State of California, on the first day of ____, 19__, the sum of $____ dollars in lawful money of the United States of America, with interest thereon in like lawful money from date hereof until paid at the rate of ____ per cent per annum, payable at the office of the State Treasurer semiannually on the first day of January and the first day of July in each year on presentation and surrender of the interest coupons hereto attached. This bond is one of a series of ____ bonds of like tenor and effect, except as to denomination and maturity, numbered from ____ to ____, inclusive, amounting in the aggregate to $____ issued in accordance with ______ authorizing the same, and is based upon and secured by an assessment levied on lands in the drainage district known and designated as (name and number of assessment), validated by a judgment of the Superior Court of the State of California, in and for the County of ____, on the ____ day of ____, 19__, and filed in the respective offices of the county treasurers of the counties wherein are situated the lands assessed thereby. And the Sacramento and San Joaquin Drainage District does hereby certify and declare that the issuance of these bonds was duly authorized by an election duly called and held upon due notice, and the result thereof was duly canvassed and ascertained in pursuance of and in strict conformity with the laws of the State of California applicable thereto, and that all the acts and conditions and things required by law to be done precedent to and in the issuance of the bonds have been done and performed in regular and due form and in strict accordance with the provisions of law authorizing the issuance of the bonds of the Sacramento and San Joaquin Drainage District.

IN WITNESS WHEREOF, The Sacramento and San Joaquin Drainage District, acting through the Reclamation Board of the State, has caused this bond to be signed by the president of the Reclamation Board and attested by the secretary of the board with the seal of the board affixed, this ____ day of ______, 19__. President of said Reclamation Board.Attest:Secretary of Reclamation Board.

article: 2. Form of Bond

path: 5. FLOOD CONTROL > 6. Bonds > 2. Form of Bond


citation: WAT § 9411

text: The interest coupons may be substantially in the following form: No.$The Treasurer of the State of California will pay to the holder hereof on the ____ day of ____, 19__, at his office in the City of Sacramento, State of California, the sum of ____ dollars ($____) in lawful money of the United States, out of the funds of the Sacramento and San Joaquin Drainage District applicable thereto, for interest on bond of the district numbered ____.Attest:State Controller.

article: 2. Form of Bond


citation: WAT § 9415

text: An action to determine the validity of bonds may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.

history: (History: Added by Stats. 1961, Ch. 1537.)

article: 3. Validating Proceedings

path: 5. FLOOD CONTROL > 6. Bonds > 3. Validating Proceedings


citation: WAT § 9440

text: The State Treasurer shall receive and place the bonds to the credit of the drainage district, and shall when and as directed by the board sell any of the bonds for the best price obtainable.

article: 4. Sale of Bonds

path: 5. FLOOD CONTROL > 6. Bonds > 4. Sale of Bonds


citation: WAT § 9441

text: The bonds shall not be sold for less than 95 per cent of their face value and the accrued interest thereon.

article: 4. Sale of Bonds


citation: WAT § 9442

text: Before making a sale of any of the bonds, notice shall be given by the State Treasurer that he will sell a specified amount of the bonds, stating the day, hour and place of the sale.

article: 4. Sale of Bonds


citation: WAT § 9443

text: The notice shall state that sealed proposals will be received by him for the purchase of the bonds or any part thereof at the day and hour named in the notice.

article: 4. Sale of Bonds


citation: WAT § 9444

text: The notice shall be given by publication once a week for three successive weeks in a newspaper of general circulation published in the City of Sacramento.

article: 4. Sale of Bonds


citation: WAT § 9445

text: At the time and place appointed in the notice the State Treasurer shall open the bids and shall award the purchase of the bonds or any part thereof to the highest responsible bidder.

article: 4. Sale of Bonds


citation: WAT § 9446

text: If the highest bid is not equal to par and accrued interest the State Treasurer shall notify the board of the amounts of the highest bids received, and reject any or all bids if so required by the board.

article: 4. Sale of Bonds


citation: WAT § 9447

text:
At any time before all the bonds held by the State Treasurer have been sold by him, the board may:

(a) Draw upon the State Treasurer for, and issue and deliver any unsold bonds at not less than their face value in payment for any of the works or other expenses for which the assessment has been levied and for which bonds have been authorized.

(b) Make contracts for any of the works or expenses, payable in whole or in part in bonds.

article: 4. Sale of Bonds


citation: WAT § 9448

text: In making payments in bonds, the board shall draw orders upon the State Treasurer payable in bonds to the amount therein named.

article: 4. Sale of Bonds


citation: WAT § 9449

text: The orders shall be countersigned by the Controller and shall be paid with bonds by the State Treasurer upon presentation to the amount therein provided for.

article: 4. Sale of Bonds


citation: WAT § 9450

text: In drawing any order upon the State Treasurer payable in bonds, the board may specify the maturity of the bonds which are to be delivered in compliance with the order and the specifications shall be complied with by the State Treasurer as far as possible.

article: 4. Sale of Bonds


citation: WAT § 9455

text: The principal of the bonds shall, by an order of the board entered in its minutes, be made payable on the first day of July or the first day of January and in such years as the board may prescribe, but all of the bonds shall be payable serially within 20 years from their date.

path: 5. FLOOD CONTROL > 6. Bonds > 5. Payment of Principal, Interest and Redemption


citation: WAT § 9456

text: Not less than 10 per cent of the aggregate face value of the bonds shall be payable within 10 years from their date, and not less than 9 per cent of the aggregate face value of the bonds issued shall be payable each year beginning with the eleventh year from their date until the whole amount of the bonds has been paid.

article: 5. Payment of Principal, Interest and Redemption


citation: WAT § 9457

text: The board may call and redeem in their numerical order such an amount of the bonds as it may see fit on any interest date subsequent to the first day of July, 1921, at their face value, with accrued interest to date of redemption.


citation: WAT § 9458

text: To effect such redemption, the board shall cause to be published once each week for two successive weeks, in a newspaper published in the City of Sacramento, a notice stating that at the next semiannual interest date, the bonds specified in the notice will be redeemed and that there will be due and payable on the bonds at the places specified therein for payment, the amount of the principal thereof with accrued interest.


citation: WAT § 9459

text: Out of the bond fund of the assessment the State Treasurer shall, on presentation at or after its maturity, pay the holder of each bond or interest coupon which has been sold or which has been issued and delivered upon an order of the board payable in bonds as provided in this part.


citation: WAT § 9460

text: If any bond or interest coupon has not been presented to the State Treasurer for payment when it becomes due, it shall cease to bear interest, but if presented at or after such time and not paid for want of funds, the State Treasurer shall indorse the bond or coupon, together with the date of presentation.


citation: WAT § 9461

text: The indorsed bond or coupon shall bear interest at the rate expressed in the bond until paid or until funds have been provided in the State Treasury applicable to its payment.


citation: WAT § 9465

text:
The money derived from the sale of any of the bonds shall be received by the State Treasurer and placed to the credit of the following funds in the following manner:

(a) An amount equal to the accrued interest on the bonds so sold to the date of sale shall be placed by the State Treasurer to the credit of the bond fund of the assessment upon which the bonds are based.

(b) All other money derived from the sale of any of the bonds shall be placed to the credit of the drainage district in a fund designated as the “Construction fund of (giving the name and number of the assessment upon which the bonds are based),” and may be drawn and expended upon warrants drawn by the Controller at the request of the board upon and payable out of the construction fund in the same manner as provided in Part 4 of this division, with reference to the expenditure of moneys collected upon assessments.

article: 6. Funds and Warrants

path: 5. FLOOD CONTROL > 6. Bonds > 6. Funds and Warrants


citation: WAT § 9466

text: Whenever the drainage district has any money in the bond fund of any assessment which money is not immediately required for the purpose of paying principal or interest on bonds of the assessment, all or any part of it may be invested in bonds of the drainage district based upon and secured by the assessment.

article: 6. Funds and Warrants


citation: WAT § 9467

text: The investment may be made by the board by direct purchase of the bonds from time to time and in such manner as it determines and at such price or prices as it deems advisable but not to exceed par, plus the accrued interest thereon.

article: 6. Funds and Warrants


citation: WAT § 9468

text: Any bonds purchased pursuant to the provisions of this article, and held in the bond fund may from time to time be sold and the proceeds temporarily reinvested in bonds as provided in this article.

article: 6. Funds and Warrants


citation: WAT § 9469

text: Sales of any bonds purchased and held in the bond fund shall from time to time be made so that the proceeds may be applied to the purpose for which the bond fund was created.

article: 6. Funds and Warrants


citation: WAT § 9470

text: Any bonds purchased pursuant to the provisions of this article, may be delivered to the State Treasurer for cancellation and the bonds shall thereupon be canceled by the State Treasurer and after cancellation shall cease to be an indebtedness or obligation of the drainage district and the assessment, or either, for any purpose whatsoever.

article: 6. Funds and Warrants


citation: WAT § 9471

text: The bond fund of each assessment shall be held by the State Treasurer and shall be applied by him toward the payment of the bonds and coupons thereon based upon the assessment, as the bonds and coupons fall due.

article: 6. Funds and Warrants


citation: WAT § 9472

text: If any balance remains in the bond fund of the assessment after payment in full of the principal and interest of all outstanding bonds issued upon the assessment, the balance shall be held for the benefit of the lands upon which the assessment was made and in proportion to the amounts assessed thereon.

article: 6. Funds and Warrants


citation: WAT § 9473

text: The balance may be distributed by the board to the owners or other persons interested in the lands.

article: 6. Funds and Warrants


citation: WAT § 9474

text: The board shall from time to time when necessary, present its written request to the Controller for the issuance of warrants for the purpose of paying the cost and expenses of the works or project, for which the assessment was levied, and the expenses of making, bonding and collecting the assessment.

article: 6. Funds and Warrants


citation: WAT § 9475

text: The board’s request shall specify the amount of the warrant and the name of the payee thereof and upon receipt of the request the Controller shall draw his warrants upon the State Treasurer payable out of the Construction Fund of the assessment upon which the bonds are issued.

article: 6. Funds and Warrants


citation: WAT § 9476

text: The State Treasurer shall pay the warrants or make delivery of the bonds as provided in this part.

article: 6. Funds and Warrants


citation: WAT § 9477

text: Warrants issued by the Controller and payable out of the assessment as provided by Part 4 of this division shall be paid by the State Treasurer out of and only out of the Construction Fund of the assessment, and in their proper order of registration.

article: 6. Funds and Warrants


citation: WAT § 9478

text: No warrant issued pursuant to any of the provisions of this part or of Part 4 of this division shall be accepted or received by the county treasurer in payment of all or any part of any assessment upon which bonds have been authorized.

article: 6. Funds and Warrants


citation: WAT § 9485

text: Upon the sale of any of the bonds of the drainage district based upon any assessment levied by the board, as provided by this part, the board shall annually thereafter, by an order entered in its minutes ascertain and determine the total amount necessary to be collected upon the assessment for the payment of principal and interest of all bonds which will or may become due on the two semiannual due dates next succeeding the date of the order.

article: 7. Annual Installments

path: 5. FLOOD CONTROL > 6. Bonds > 7. Annual Installments


citation: WAT § 9486

text: The board may also in the order fix and determine upon such additional sum as the board deems proper to be collected to provide a sinking fund for the retirement of bonds on or before maturity.

article: 7. Annual Installments


citation: WAT § 9487

text: Immediately upon making the order the board shall prepare in duplicate, retaining one original, and causing the other original to be certified by its secretary or assistant secretary and delivered to the county treasurer of each county wherein are situated any of the lands covered by the assessment, a statement of the amount of the assessment necessary to be collected for the year to pay the principal and interest of the bonds falling due.

article: 7. Annual Installments


citation: WAT § 9488

text: To the assessment referred to in the preceding section shall be added and collected an additional amount of 15 per cent of the amount to cover possible delinquencies.

article: 7. Annual Installments


citation: WAT § 9489

text: The statement provided for in Section 9487 shall also include, and there shall be added and collected, such additional sum as the board in its order may have fixed and determined upon to provide a sinking fund for the redemption of bonds on or before maturity.

article: 7. Annual Installments


citation: WAT § 9490

text: The amount necessary to pay the interest and principal, or either, falling due, together with the additional 15 per cent of that amount and the amount for sinking fund purposes, shall constitute the amount to be collected and paid into the bond fund and shall be known as the installment for bonds.

article: 7. Annual Installments


citation: WAT § 9491

text: Unless otherwise determined by the board or by an order entered in its minutes, a copy of which duly certified shall be transmitted to the county treasurer of each of the counties wherein are situated any of the lands covered by the assessment, the installment for bonds shall be payable in two equal portions, the first of which shall be due and payable to the county treasurers, respectively, on the third Monday in October and is delinquent on the first Monday in December next thereafter at 6 o'clock p.m. and the remaining portion may be paid at any time before the last Monday in April next thereafter at 6 o'clock p.m. at which time the installment is delinquent.

article: 7. Annual Installments


citation: WAT § 9492

text:
For convenience in entering payments of the installment for bonds, the board shall furnish to the county treasurer of each county affected, an annual collection list setting forth the following:

(a) The reference number of each tract of land assessed.

(b) The name of the owner to whom assessed, as stated in the original assessment list.

(c) The total amount assessed upon each tract and the amount to be collected thereon for that year.

article: 7. Annual Installments


citation: WAT § 9493

text: The list shall contain appropriate columns for the entry of payments, sales and redemptions.

article: 7. Annual Installments


citation: WAT § 9494

text:
The county treasurer shall enter on the annual collection list in the proper column the following:

(a) All payments, with date of payment.

(b) The word “sold” with date of sale, in case of sales for delinquency.

(c) The words “sold to the district” with the date of sale, in the case of sales to the district.

(d) The word “redeemed,” with date of payment, in case redemption is made.

article: 7. Annual Installments


citation: WAT § 9495

text: The county treasurer shall make a report to the board as often as requested of all entries made by him on the collection list.

article: 7. Annual Installments


citation: WAT § 9496

text: When either portion of any installment for bonds becomes delinquent, a penalty of one dollar ($1) together with 20 per cent of the amount of the installment on each tract delinquent, shall be added thereto and collected for the use of the bond fund of the assessment.

article: 7. Annual Installments


citation: WAT § 9497

text: All money collected by the several county treasurers upon the installment for bonds or for the penalty thereon in case of delinquency shall, within 30 days after collection, be paid over to the State Treasurer and credited to the bond fund of the assessment.

article: 7. Annual Installments


citation: WAT § 9505

text: The board shall maintain in its office and open to public inspection at all reasonable times during office hours, a book or books to be known as the bond record of the drainage district, containing a complete record of the existing condition of the whole of each bond issued as compiled from time to time from reports from the State Treasurer, from which can be ascertained the amount of bonds outstanding and the interest accumulated and unpaid thereon.

article: 8. Bond Record

path: 5. FLOOD CONTROL > 6. Bonds > 8. Bond Record


citation: WAT § 9506

text: In case there are several bond issues under this part based upon several different assessments all of the proceedings, records and transactions of every kind provided for by this part shall be had and kept separately with reference to each bond issue.

article: 8. Bond Record


citation: WAT § 9510

text: The board may, by resolution entered in its minutes, order the refunding of the whole or any part of the principal of any bond issue now or hereafter outstanding at lower rates of interest whenever in its judgment and opinion it will be for the best interests of the owners of lands assessed by the assessment to be refunded so to do.

article: 9. Refunding Bonds

path: 5. FLOOD CONTROL > 6. Bonds > 9. Refunding Bonds


citation: WAT § 9511

text: Refunding bonds may be issued for the purpose, and when issued their proceeds may be used to refund outstanding bonds either as they mature or to call and redeem outstanding bonds as provided in this part, or both.

article: 9. Refunding Bonds


citation: WAT § 9512

text: The resolution ordering refunding of bonds shall designate the numbers, denominations, dates of maturity and aggregate principal amounts of the bonds to be refunded, and shall fix and prescribe the form of the refunding bonds and of the interest coupons attached thereto, and shall fix the rate of interest the bonds shall bear, which rate, however, shall be less than the rate provided in the bonds to be refunded.

article: 9. Refunding Bonds


citation: WAT § 9513

text: Refunding bonds shall mature serially in amounts to be fixed by the board in its resolution.

article: 9. Refunding Bonds


citation: WAT § 9514

text: The payment of the refunding bonds shall begin not later than five years from the date thereof and shall be completed in not more than 25 years from the date thereof.

article: 9. Refunding Bonds


citation: WAT § 9515

text: The refunding bonds, together with interest thereon, shall be payable at the office of the State Treasurer.

article: 9. Refunding Bonds


citation: WAT § 9516

text: Refunding bonds shall be issued in such denominations as the board may determine except that no bonds shall be of a denomination of less than one hundred dollars ($100) nor of a greater denomination than one thousand dollars ($1,000), and shall be payable on the day fixed in the bonds with interest at the rate specified therein which interest shall be payable semiannually.

article: 9. Refunding Bonds


citation: WAT § 9517

text: The refunding bonds shall be signed by the president of the board or such other member of the board as the board may by resolution designate and shall be countersigned by the secretary of the board with the seal of the board affixed thereto.

article: 9. Refunding Bonds


citation: WAT § 9518

text: The interest coupons of the refunding bonds shall be numbered consecutively and signed by the secretary of the board by his engraved or lithographed signature.

article: 9. Refunding Bonds


citation: WAT § 9519

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

article: 9. Refunding Bonds


citation: WAT § 9520

text: The refunding bonds may be issued and sold by the board as it may determine but for not less than their par value and accrued interest thereon.

article: 9. Refunding Bonds


citation: WAT § 9521

text: The proceeds of the refunding bonds shall be placed in the State Treasury to the credit of the drainage district in the bond fund of the assessment upon which the bonds are based, and the proceeds shall be used and applied for the objects and purposes for which the refunding bonds were issued.

article: 9. Refunding Bonds


citation: WAT § 9522

text: The proceeds may also be used to defray the expenses of refinancing the obligations.

article: 9. Refunding Bonds


citation: WAT § 9523

text: The principal and interest of the refunding bonds shall be based upon, secured by and payable out of the assessment or assessments upon which the bonds refunded were payable in accordance with the provisions of this part.

article: 9. Refunding Bonds


citation: WAT § 9524

text: Upon the sale of any of the refunding bonds, installments of the assessment upon which the bonds are based shall be called and collected and the installments shall become delinquent, with the penalties, provisions for sale, redemption and conveyancing all as set forth in this part, which provisions apply to the refunding bond issues to the same extent as to original issues.

article: 9. Refunding Bonds


citation: WAT § 9525

text: The refunding bonds or any part thereof when sold may be called and redeemed by the board in the manner provided by Chapter 6 of this part.

article: 9. Refunding Bonds


citation: WAT § 9526

text: The refunding bonds issued by the drainage district pursuant to this part shall be legal investments for all trust funds and for the funds of all insurance companies, banks, both commercial and savings, and trust companies, and for the State school funds, and whenever any moneys or funds may by law now or hereafter enacted be invested in bonds of cities, cities and counties, counties or school districts, in the State, such moneys or funds may be invested in the bonds of the drainage district.

article: 9. Refunding Bonds


citation: WAT § 9527

text: Whenever bonds of cities, cities and counties, counties or school districts may by law be issued as security for the performance of any act or as security for the deposit of public funds of the State or of any county, city and county, municipality or other public corporation or political subdivision in any State or National bank or banks, refunding bonds of the drainage district may be so used.

article: 9. Refunding Bonds


citation: WAT § 9535

text: If both portions of the installments, levied pursuant to Chapter 6 of this part, are not paid before the last Monday in April at 6 o'clock p.m., the board shall publish in each county where the delinquencies exist, in one notice, a list of all the delinquencies in the county at least once a week for two weeks successively in some newspaper of general circulation published in the county.

article: 1. Notice and Sale

path: 5. FLOOD CONTROL > 7. Sale of Land for Delinquent Installments > 1. Notice and Sale


citation: WAT § 9536

text:
The notice shall contain the following:

(a) A description of each parcel of land assessed within the county whereon an installment or installments are delinquent, as such description appears on the assessment list.

(b) The name of the owner to whom the parcel is assessed or a statement that it is assessed to unknown owners if such be the fact.

(c) The amount of the installment or installments delinquent on the parcel, and the amount of the penalty thereon.

(d) A notice that each of the parcels will be sold at public auction by the county treasurer in front of the courthouse of the county at a specified day and hour.

chapter: 7. Sale of Land for Delinquent Installments

article: 1. Notice and Sale


citation: WAT § 9537

text: The sale shall be held not less than 30 days nor more than 90 days from the date of delinquency.

article: 1. Notice and Sale


citation: WAT § 9538

text: At the time and place stated in the notice the county treasurer shall sell each parcel of land described in the notice to the highest bidder unless prior thereto he has received payment in full of the delinquent installment or installments together with the penalty.

article: 1. Notice and Sale


citation: WAT § 9539

text: No bid for any parcel shall be accepted less than the aggregate sum then due for the installment or installments thereon, together with the penalty, except that the county treasurer may receive from any purchaser at their face value, in lieu of cash, bonds of the drainage district issued upon the assessment, or their interest coupons, if the bonds or coupons are then matured or will mature within one year after such sale.

article: 1. Notice and Sale


citation: WAT § 9540

text: Any bonds or coupons so received in payment shall be canceled by the county treasurer and transmitted to the State Treasurer.

article: 1. Notice and Sale


citation: WAT § 9541

text: If the entire amount of any bond or coupon tendered in payment is not required to complete payment of the purchase money, the county treasurer shall indorse thereon as paid the amount of the purchase money credited thereon.

article: 1. Notice and Sale


citation: WAT § 9542

text: The bond fund of the assessment shall be credited with the amount of purchase money paid in bonds or coupons on delinquent sales, and of all sums indorsed as paid upon account of purchase money on any bonds or coupons, specifying the same, a statement of which shall be furnished by the county treasurer to the State Treasurer.

article: 1. Notice and Sale


citation: WAT § 9543

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

article: 1. Notice and Sale


citation: WAT § 9544

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

article: 1. Notice and Sale


citation: WAT § 9550

text: If no bid is made for any parcel at the delinquent sale equal to the amount of installment or installments delinquent thereon, including the penalty, the county treasurer shall bid in and sell the parcel to the drainage district for the amount of the installment or installments and penalty.

path: 5. FLOOD CONTROL > 7. Sale of Land for Delinquent Installments > 2. Purchase and Sale of Land by the Drainage District


citation: WAT § 9551

text: Any parcel of land bid in and purchased by the drainage district at the delinquent sale shall be held in trust for the bond fund of the assessment upon which the land was sold and may be sold and conveyed by the board at any time after the expiration of the redemption period of one year at public or private sale, with or without notice to any person paying not less than the amount for which the parcel was bid in by the county treasurer at the delinquent sale, with interest thereon at the rate of 12 per cent per annum compounded yearly from the date of the delinquent sale, and also the amount of all subsequent installments then delinquent, with accrued interest and penalties thereon.

article: 2. Purchase and Sale of Land by the Drainage District


citation: WAT § 9552

text: Payment for the land purchased under the next preceding section may be made by the purchaser either in cash or matured bonds and coupons issued upon assessment taken at their face value.


citation: WAT § 9553

text: The board shall execute a deed to the purchaser at the sale conveying the property, free of encumbrances except State, county and other municipal taxes, assessments levied or assessed by statutory authority, and the unpaid balance of any assessment thereon levied by the board on lands in the drainage district.


citation: WAT § 9554

text: The purchase price received in cash shall be paid by the board to the State Treasurer and any bonds or coupons received in payment by the board shall be canceled by the board and delivered to the State Treasurer.


citation: WAT § 9555

text: All such money paid over and the canceled bonds or coupons delivered to the State Treasurer shall be credited to the bond fund of the assessment.


citation: WAT § 9556

text: If any land held by the drainage district, pursuant to the provisions of this chapter, remains unsold after the final installment of the assessment has been collected by payment or sale, then the board shall sell all such lands at public auction to the highest bidder for cash, upon two weeks published notice substantially in the manner provided for notice upon delinquent sales.


citation: WAT § 9557

text: The board shall execute to the purchaser a conveyance of the land free of incumbrances except State, county and municipal taxes, and assessments levied or assessed by statutory authority.


citation: WAT § 9558

text: The board shall deposit the proceeds of the sale with the State Treasurer to the credit of the bond fund of the assessment.


citation: WAT § 9565

text: Any person interested in any tract of land sold at a delinquent sale, made pursuant to the provisions of this chapter, may redeem the tract of land at any time within one year after the date of sale by paying to the county treasurer for the purchaser a sum equal to the purchase price stated in the certificate of sale with interest thereon at the rate of 12 per cent per annum from the date of sale to redemption together with any and all subsequent delinquent installments of the assessment on the land with any and all penalties prescribed for delinquency.

article: 3. Redemption and Conveyancing of Lands

path: 5. FLOOD CONTROL > 7. Sale of Land for Delinquent Installments > 3. Redemption and Conveyancing of Lands


citation: WAT § 9566

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

article: 3. Redemption and Conveyancing of Lands


citation: WAT § 9567

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

article: 3. Redemption and Conveyancing of Lands


citation: WAT § 9568

text: Each installment of the encumbrances mentioned in the preceding section may be called and collected as provided by law.

article: 3. Redemption and Conveyancing of Lands


citation: WAT § 9569

text: No parcel sold and conveyed to the drainage district shall thereafter, until redeemed or until sold and disposed of by the board, be subject to sale by the treasurer for delinquent installments of any assessment as provided in this part.

article: 3. Redemption and Conveyancing of Lands


citation: WAT § 9570

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

article: 3. Redemption and Conveyancing of Lands


citation: WAT § 9571

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

article: 3. Redemption and Conveyancing of Lands


citation: WAT § 9575

text: Out of the proceeds of a delinquent sale, made pursuant to the provisions of this chapter, the county treasurer shall transmit to the State Treasurer the amount due on the property so sold as shown in the notice, together with the penalty thereon.

article: 4. Disposition of Proceeds

path: 5. FLOOD CONTROL > 7. Sale of Land for Delinquent Installments > 4. Disposition of Proceeds


citation: WAT § 9576

text: The State Treasurer shall place the amount to the credit of the bond fund of the drainage district for the particular bond issue upon the assessment.

article: 4. Disposition of Proceeds


citation: WAT § 9577

text: The county treasurer shall pay to the owner of the property any surplus remaining after the payment to the State Treasurer.

article: 4. Disposition of Proceeds


citation: WAT § 9600

text: This act shall be known and may be cited as the Central Valley Flood Protection Act of 2008.

history: (History: Added by Stats. 2007, Ch. 364, Sec. 9. Effective January 1, 2008.)

chapter: 1. General Provisions

path: 5. FLOOD CONTROL > 1. General Provisions


citation: WAT § 9601

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

(a) The Central Valley of California is experiencing unprecedented development, resulting in the conversion of historically agricultural lands and communities to densely populated residential and urban centers.

(b) The Legislature recognizes that by their nature, levees, which are earthen embankments typically founded on fluvial deposits, cannot offer complete protection from flooding, but can decrease its frequency.

(c) The Legislature recognizes that the level of flood protection afforded rural and agricultural lands by the original flood control system would not be adequate to protect those lands if they are developed for urban uses, and that a dichotomous system of flood protection for urban and rural lands has developed through many years of practice.

(d) The Legislature further recognizes that levees built to reclaim and protect agricultural land may be inadequate to protect urban development unless those levees are significantly improved.

(e) Cities and counties rely upon federal flood plain information when approving developments, but the information available is often out of date and the flood risk may be greater than that indicated using available federal information.

(f) The Legislature recognizes that the current federal flood standard is not sufficient in protecting urban and urbanizing areas within flood prone areas throughout the Central Valley.

(g) Linking land use decisions to flood risk and flood protection estimates comprises only one element of improving lives and property in the Central Valley. Federal, state, and local agencies may construct and operate flood protection facilities to reduce flood risks, but flood risks will nevertheless remain for those who choose to reside in Central Valley flood plains. Making those flood risks more apparent will help ensure that Californians make careful choices when deciding whether to build homes or live in Central Valley flood plains, and if so, whether to prepare for flooding or maintain flood insurance.


citation: WAT § 9602

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

(a) “Board” means the Central Valley Flood Protection Board.

(b) “Plan” means the Central Valley Flood Protection Plan.

(c) “Project levee” means a levee that is part of the facilities of the State Plan of Flood Control.

(d) “Public safety infrastructure” means public safety infrastructure necessary to respond to a flood emergency, including, but not limited to, street and highway evacuation routes, public utilities necessary for public health and safety, including drinking water and wastewater treatment facilities, and hospitals.

(e) “Sacramento-San Joaquin Valley” means lands in the bed or along or near the banks of the Sacramento River or San Joaquin River, or their tributaries or connected therewith, or upon any land adjacent thereto, or within the overflow basins thereof, or upon land susceptible to overflow therefrom. The Sacramento-San Joaquin Valley does not include lands lying within the Tulare Lake basin, including the Kings River.

(f) “State Plan of Flood Control” has the meaning set forth in subdivision (j) of Section 5096.805 of the Public Resources Code.

(g) “System” means the Sacramento-San Joaquin River Flood Management System described in Section 9611.

(h) “Urban area” has the same meaning as that set forth in subdivision (k) of Section 5096.805 of the Public Resources Code.

(i) “Urban level of flood protection” means the level of protection that is necessary to withstand flooding that has a 1-in-200 chance of occurring in any given year using criteria consistent with, or developed by, the department.

history: (History: Amended by Stats. 2008, Ch. 179, Sec. 229. Effective January 1, 2009.)


citation: WAT § 9603

text:
(a) The Central Valley Flood Protection Plan shall be a descriptive document, and neither the plan nor anything in this part shall be construed to expand the liability of the state for the operation or maintenance of any flood management facility beyond the scope of the State Plan of Flood Control, except as specifically determined by the board pursuant to Section 9611. Neither the development nor the adoption of the Central Valley Flood Protection Plan shall be construed to constitute any commitment by the state to provide, to continue to provide, or to maintain at, or to increase flood protection to, any particular level.

(b) The Central Valley Flood Protection Plan reflects a systemwide approach to protecting the lands currently protected from flooding by existing facilities of the State Plan of Flood Control. Any flood protection benefits accruing to lands or communities outside the State Plan of Flood Control are incidental and shall not constitute any commitment by the state to provide, to continue to provide, or to maintain at, or to increase flood protection to, any particular level.


citation: WAT § 9610

text:
(a) (1) By July 1, 2008, the department shall develop preliminary maps for the 100- and 200-year flood plains protected by project levees. The 100-year flood plain maps shall be prepared using criteria developed or accepted by the Federal Emergency Management Agency (FEMA).

(2) The department shall use available information from the 2002 Sacramento and San Joaquin River Basins Comprehensive Study, preliminary and regulatory FEMA flood insurance rate maps, recent flood plain studies, and other sources to compile preliminary maps.

(3) The department shall provide the preliminary maps to cities and counties within the Sacramento-San Joaquin Valley for use as best available information relating to flood protection.

(4) The department shall post this information on the board’s Internet Web site and may periodically update the maps as necessary.

(b) By July 1, 2008, the department shall give notice to cities in the Sacramento-San Joaquin Valley outside areas protected by project levees regarding maps and other information as to flood risks available from the Federal Emergency Management Agency or another federal, state, or local agency.

(c) On or before December 31, 2010, the department shall prepare a status report on the progress and development of the Central Valley Flood Protection Plan pursuant to Section 9612. The department shall post this information on the board’s Internet Web site, and make it available to the public.

(d) (1) On or before July 2, 2013, and for the purpose of providing information to cities and counties necessary for their determinations relating to level of flood protection, the department shall release flood plain maps that identify at a minimum the facilities of the State Plan of Flood Control and the available data as to the water surface elevation of flooding in urban areas in the event of the failure of the facilities of the State Plan of Flood Control during flooding that has a 1-in-200 chance of occurring in any given year.

(2) Concurrent with the release of these maps and for the purpose of assisting local agencies in determining their level of flood protection, the department shall make available levee reliability data for the facilities of the State Plan of Flood Control identified in the maps.

(e) The department’s issuance of flood plain maps shall not be subject to the review and approval of the Office of Administrative Law or to any other requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(f) The state, or any state agency, shall not be liable for any claim based upon the reasonable exercise or performance of a discretionary or ministerial function or duty on the part of a state agency or a state employee or officer in carrying out subdivision (d).

history: (History: Amended by Stats. 2012, Ch. 554, Sec. 2. (AB 1965) Effective January 1, 2013.)

chapter: 2. Plan Development

path: 5. FLOOD CONTROL > 2. Plan Development


citation: WAT § 9611

text:
The Sacramento-San Joaquin River Flood Management System comprises all of the following:

(a) The facilities of the State Plan of Flood Control as that plan may be amended pursuant to this part.

(b) Any existing dam, levee, or other flood management facility that is not part of the State Plan of Flood Control if the board determines, upon recommendation of the department, that the facility does one or more of the following:

(1) Provides significant systemwide benefits for managing flood risks within the Sacramento-San Joaquin Valley.

(2) Protects urban areas within the Sacramento-San Joaquin Valley.

(c) Upon completion of the Central Valley Flood Protection Plan pursuant to this part, the department may identify and propose to the board additional structural and nonstructural facilities that may become facilities of the State Plan of Flood Control, consistent with the Central Valley Flood Protection Plan. The board may add those facilities to the State Plan of Flood Control based on a determination showing how the facility accomplishes the purposes identified in subdivision (b).

(d) For the purposes of subdivision (c), facilities that may become facilities of the State Plan of Flood Control include bypasses, floodway corridors, flood plain storage, or other projects that expand the capacity of the flood protection system in the Sacramento-San Joaquin Valley to provide flood protection.


citation: WAT § 9612

text:
(a) The department shall prepare, and the board shall adopt, a plan identified as the Central Valley Flood Protection Plan in accordance with this part.

(b) No later than January 1, 2012, the department shall prepare the Central Valley Flood Protection Plan in accordance with this part, and shall transmit the plan to the board, which shall adopt the plan no later than July 1, 2012.

(c) The board shall hold at least two hearings to receive comments on the proposed plan. At least one hearing shall be held in the Sacramento Valley and at least one hearing shall be held in the San Joaquin Valley. The board shall also accept comments in writing with regard to the proposed plan.

(d) The board may make changes to the proposed plan to resolve issues raised in the hearings or to respond to comments received by the board. The board shall publish its proposed changes to the proposed plan at least two weeks before adopting the plan.

(e) The plan shall be updated in subsequent years ending in 2 and 7.

(f) The department or the board may appoint one or more advisory committees to assist in the preparation of the plan. If the department or the board appoints one or more advisory committees, the advisory committee or committees shall include representation by interested organizations.


citation: WAT § 9613

text:
(a) Consistent with subdivision (b) of Section 5096.821 of the Public Resources Code, the department may implement flood protection improvements for urban areas protected by facilities of the State Plan of Flood Control before the adoption of Central Valley Flood Protection Plan if the director determines, in writing, that all of the following apply:

(1) The improvements are necessary and require state funding before the completion of the Central Valley Flood Protection Plan prepared pursuant to Section 9612.

(2) The improvements will reduce or avoid risk to human life in one or more urban areas.

(3) The improvements will not impair or impede future changes to regional flood protection or the Central Valley Flood Protection Plan.

(4) The improvements will be maintained by a local agency that has committed sufficient funding to maintain both the existing and improved facilities of the State Plan of Flood Control.

(5) The affected cities, counties, and other public agencies will have sufficient revenue resources for the operation and maintenance of the facility.

(6) Upon the allocation of funds for a project, the proposed project is ready for implementation.

(7) The improvements comply with existing law.

(b) The flood protection improvements authorized by this section may include improvements to specific facilities of the State Plan of Flood Control or acquisition of flood easements for floodways that support facilities of the State Plan of Flood Control to increase levels of flood protection for urban areas in accordance with subdivision (b) of Section 5096.821 of the Public Resources Code.

(c) The department and the board shall investigate and evaluate the feasibility of potential bypasses or floodways that would significantly reduce flood stage in the San Joaquin River Watershed, upstream and south of Paradise Cut.