reglab/statecodes huggingface dataset:
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 3 - Levees › Section 8646.

8646. The board may do the necesssary work immediately for the protection or preservation of the levee, without giving the notice provided for in this article.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 3 - Levees › Section 8647.

8647. The board may pay the cost, including any damage that may result from the performance of the work, by an assessment to be levied and assessed as provided in this article or out of the funds of any assessment available for that purpose under the provisions of this part.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 4 - Lease and Sale of Property › Section 8655.

8655. The board may determine that any land acquired by the drainage district and deeded to the State for any right of way for river improvement work or flood control is in excess of what is or will be required.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 4 - Lease and Sale of Property › Section 8656.

8656. The Department of General Services upon request of the board may sell the excess land at a purchase price determined upon by the board.
(Amended by Stats. 1965, Ch. 371.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 4 - Lease and Sale of Property › Section 8657.

8657. The Department of General Services when authorized by the board may execute and deliver in the name and on behalf of the state, a conveyance of such land to the purchaser upon payment of the purchase price to the State Treasurer.
(Amended by Stats. 1965, Ch. 371.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 4 - Lease and Sale of Property › Section 8658.

8658. The purchase price when paid to the State Treasurer shall be credited to such fund as the board directs.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 4 - Lease and Sale of Property › Section 8659.

8659. All or any part of any land, right-of-way or easement required for any work of channel excavation, enlargement, rectification or control or for any site for the construction of any weir, forming part of or incidental to any plan approved by the state for flood control in the Sacramento or San Joaquin Valleys, which land, right-of-way or easement or weir site has been or may hereafter be acquired by the state, may, at the request of the board and with the approval of the Department of General Services, be sold to the drainage district at a purchase price equal to the cost thereof to the state, to be determined by the Department of General Services, and upon payment to the state of the purchase price, may be conveyed to the drainage district, or to the United States, as may be requested by the board.
(Amended by Stats. 1965, Ch. 371.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 4 - Lease and Sale of Property › Section 8660.

8660. The Department of General Services may execute and deliver pursuant to the next preceding section a conveyance in the name and on behalf of the state upon payment to the State Treasurer of the purchase price.
(Amended by Stats. 1965, Ch. 371.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 4 - Lease and Sale of Property › Section 8661.

8661. The purchase price, when paid to the State Treasurer, shall be credited back to the appropriation out of which the cost of acquiring the land, right of way, easement or weir site was paid by the State, and shall be available for the same purposes for which such appropriation was made.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 4 - Lease and Sale of Property › Section 8662.

8662. Any lease of property of the drainage district for the production of oil, gas or other hydrocarbons may be made upon such consideration or for such royalties as may be authorized by the board subject to the provisions of this article.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 4 - Lease and Sale of Property › Section 8663.

8663. The board, before ordering the lease of any property pursuant to the next preceding section, shall, in a regular open meeting, adopt a resolution declaring their intention to lease the property.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 4 - Lease and Sale of Property › Section 8664.

8664. The resolution shall:
(a) Describe the property proposed to be leased in such manner as to identify it.
(b) Specify the minimum rental or royalty.
(c) Specify terms upon which the property will be leased.
(d) Fix time not less than three weeks thereafter for a public meeting of the board.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 4 - Lease and Sale of Property › Section 8665.

8665. The meeting shall be held at the board’s regular place of meeting, at which meeting sealed proposals to lease the property will be received and considered.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 4 - Lease and Sale of Property › Section 8666.

8666. Notice of the adoption of the resolution and of the time and place for holding the meeting shall be given by publishing a notice containing the resolution not less than once a week for three successive weeks before the meeting, in a newspaper of general circulation published in the county in which the drainage district or any part thereof is situated.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 4 - Lease and Sale of Property › Section 8667.

8667. At the time and place fixed in the resolution for the meeting of the board, all sealed proposals which have been received shall, in public session, be opened, examined and declared by the board, and of the proposals submitted which conform to all terms and conditions specified in the resolution, and which are made by responsible bidders, the one which is the highest shall be accepted.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 4 - Lease and Sale of Property › Section 8668.

8668. Upon a call for oral bidding, at the session, any person may offer to lease the property upon the terms and conditions specified in the resolution for a rental or royalty exceeding by at least 5 per cent the highest of the written proposals.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 4 - Lease and Sale of Property › Section 8669.

8669. The highest of any of the oral bids made by a responsible person shall be finally accepted.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 4 - Lease and Sale of Property › Section 8670.

8670. The board may make a final acceptance either at the same session or at any adjourned session of the same meeting held within the 10 days next following.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 4 - Lease and Sale of Property › Section 8671.

8671. The board may, at such session, if it deems the action to be for the best public interest, reject any and all bids either written or oral, and withdraw the property from lease.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 4 - Lease and Sale of Property › Section 8672.

8672. The resolution of acceptance of any bid shall provide for the proper execution of a lease upon behalf of the drainage district, and delivery of the lease upon performance and compliance by the lessee of all the terms and conditions of his contract which are to be performed concurrently with the execution of the lease.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 4 - Lease and Sale of Property › Section 8673.

8673. The board, in lieu of leasing property as provided in this article, if it deems such action to be for the best public interest, may lease lands for the production of oil, gas and other hydrocarbon substances therefrom jointly with the lands of an adjoining landowner.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 4 - Lease and Sale of Property › Section 8674.

8674. No joint lease shall be entered into until after adoption of a resolution and publication of notice as provided in this article and after a public meeting of the board at which protests, if any, shall be heard.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 4 - Lease and Sale of Property › Section 8675.

8675. A joint lease shall provide for the payment of a minimum royalty to the drainage district of not less than 15 per cent of the value of the oil, gas or other hydrocarbon substances produced from the property owned by the district.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 4 - Lease and Sale of Property › Section 8676.

8676. Whenever the board has acquired or shall in the future acquire title in fee to any land in the name and in behalf of the district and whenever, in the judgment of the board, the purposes of the district will be satisfied by the retention of an easement or other interest in the land less than the title in fee thereto, the board shall take all steps necessary to sell said land reserving to said district the easement or other interest acquired for the purposes of the district. Conveyances of such land or interest therein owned by the district shall be executed by the officers of the board authorized by the board and shall be approved by the Director of General Services.
(Amended by Stats. 1965, Ch. 371.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 4 - Lease and Sale of Property › Section 8677.

8677. All oil, gas, oil shale, coal, phosphate, sodium, gold, silver, and all other mineral deposits in the land are reserved to the State and shall be reserved from sale except on a rental and royalty basis. A purchaser of any of the land shall acquire no right, title, or interest in or to such deposit. The right of such purchaser shall be subject to the reservation of all oil, gas, oil shale, coal, phosphate, sodium, gold, silver, and all other mineral deposits, and to the conditions and limitations prescribed by law providing for the State and persons authorized by it to prospect for, mine, and remove such deposits, and to occupy and use so much of the surface of the land as may be required for all purposes reasonably extending to the mining and removal of such deposits therefrom. The provisions of this section shall not apply to any compromise agreement entered into with respect to such land, nor to grants of such land to the United States when such grants are authorized by law.
(Added by Stats. 1943, Ch. 489.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 4 - Lease and Sale of Property › Section 8678.

8678. Every lease, rental, letting or license to use real property owned in fee by the Sacramento and San Joaquin Drainage District, which is executed by the board shall be subject to the approval of the Director of General Services.
(Amended by Stats. 1965, Ch. 371.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 4 - Lease and Sale of Property › Section 8679.

8679. Revenues, rents, and proceeds from sale of crops from lands under control of the board shall be paid into the State Treasury as follows:
(a) To the current appropriation for the support of the board as an abatement of the cost of producing or disposing of crops in such amounts as may be approved by the Department of Finance.
(b) The balance thereof to the credit of the General Fund.
(Added by Stats. 1953, Ch. 197.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 5 - Cooperation Between Board and Department of Water Resources › Section 8685.

8685. The board may determine that any construction, repair work, maintenance, or operation of flood control works or structures shall be done by the department.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 5 - Cooperation Between Board and Department of Water Resources › Section 8686.

8686. The plans and specifications for the work shall be prepared and approved by the board and delivered to the department with a request that the work be done by the department.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 5 - Cooperation Between Board and Department of Water Resources › Section 8687.

8687. The work shall be done under the sole charge and direct control of the department.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 5 - Cooperation Between Board and Department of Water Resources › Section 8688.

8688. The cost and expenses incurred by the department in connection with work under this article is a legal charge against the drainage district and shall be paid out of any applicable assessment or fund.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 5 - Cooperation Between Board and Department of Water Resources › Section 8689.

8689. Any contract let by the department for any work under this article shall be approved by the board before becoming effective.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 5 - Cooperation Between Board and Department of Water Resources › Section 8690.

8690. Any cash, bond, check or other security forfeited by any bidder or contractor for failure to enter into or to perform any contract for doing work under this article shall be forfeited to and recovered by the board for the use of the drainage district.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 5 - Cooperation Between Board and Department of Water Resources › Section 8691.

8691. Any forfeiture, as soon as received or recovered, shall be paid to the State Treasurer and placed to the credit of the assessment out of which the cost of the work is to be paid.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 5 - Cooperation Between Board and Department of Water Resources › Section 8692.

8692. The board may furnish to the department any of its dredges, machines, appliances, tools, apparatus or other property which may be necessary or convenient for performing work delegated to the department.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 5 - Cooperation Between Board and Department of Water Resources › Section 8693.

8693. The department shall advise and assist the board.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 5 - Cooperation Between Board and Department of Water Resources › Section 8694.

8694. The department shall be reimbursed by the board for any necessary expenses incurred by it under the direction of the board.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 5 - Cooperation Between Board and Department of Water Resources › Section 8695.

8695. The department may at its option appoint the chief engineer of the board to act also as its assistant in the performance of the duties required of it by this article.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 5 - Cooperation Between Board and Department of Water Resources › Section 8696.

8696. The compensation of the chief engineer while acting also as assistant to the department shall be apportioned as may be agreed upon between the board and the department.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 5 - Cooperation Between Board and Department of Water Resources › Section 8697.

8697. All maps, records and engineering data prepared or obtained by the department for the use of the board shall be deposited in the office of the board and remain part of its records.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 5 - Cooperation Between Board and Department of Water Resources › Section 8698.

8698. It is the intent of the Legislature that the board shall cooperate with the department in all matters of mutual concern to the fullest extent practicable.
(Repealed and added by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 6 - Enforcement of Unauthorized Activities and Encroachments › Section 8700.

8700. (a) It is unlawful for any person or public agency to interfere with, obstruct the performance, maintenance, or operation of, or otherwise take actions that may adversely affect facilities of the State Plan of Flood Control, designated floodways, or streams that are regulated by the board.
(b) The board, executive officer, department, and local agencies that operate and maintain facilities and works on behalf of the board shall have the authority, as set forth in this article, to take administrative or civil enforcement actions to abate and remedy any interference or potential interference proscribed by subdivision (a).
(Repealed and added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 6 - Enforcement of Unauthorized Activities and Encroachments › Section 8701.

8701. (a) If the board or the executive officer determines that any person or public agency has undertaken, is threatening to undertake, or maintains any encroachment, flood system improvement, or activity in violation of this part, the board or the executive officer may issue a notice of violation to the person or public agency responsible for the encroachment, flood system improvement, or activity.
(b) The department or a local agency may issue a notice of violation pursuant to subdivision (a) for facilities within the board’s jurisdiction that the department or local agency operates and maintains if the board delegates the agency that authority. This subdivision shall not require the department or local agency to accept that delegation of authority.
(c) A notice of violation shall include all of the following:
(1) A statement describing the activity, failure to act, flood system improvement, or encroachment that constitutes a violation of this article, including the sections of this part or board regulations that are being violated.
(2) A statement of whether the activity, flood system improvement, or encroachment may be eligible for a permit from the board.
(3) The corrective actions that shall be taken within a specified time period.
(4) Whether the person or public agency may correct the violation without obtaining prior approval from the board or executive officer, or whether prior approval from the board or executive officer must be obtained prior to taking a corrective action.
(5) A statement that the notice of violation shall be referred to the board and that the failure to take the requested actions within the time specified may subject the person or public agency to a cease and desist order and the imposition of further remedial and enforcement actions, including, but not limited to, correction of the violation by the board at the person’s or public agency’s expense and penalties.
(6) The name, address, and telephone number of the state or issuing agency that may be contacted for further information.
(d) The notice of violation shall be served in accordance with Section 8703 and a copy transmitted to the executive officer within five calendar days of its issuance. The board or the executive officer may amend the notice of violation, and, once served in accordance with Section 8703, the amended notice of violation shall supersede any notice of violation previously issued for the same violation.
(Repealed and added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 6 - Enforcement of Unauthorized Activities and Encroachments › Section 8701.2.

8701.2. (a) If the board or executive officer determines that any person or public agency has failed to adequately respond to a notice of violation, the board or executive officer may issue an order directing that the person or public agency to whom the notice of violation was issued to cease and desist.
(b) The board or executive officer may, within its discretion, issue a cease and desist order without first issuing a notice of violation in cases where the board or executive officer finds that issuance of a notice of violation would be futile, would result in unreasonable delay, or would be unlikely to invoke a timely response. In the event the board or executive officer issues a cease and desist order without first issuing a notice of violation, the cease and desist order shall contain the information required under subdivision (c) of Section 8701.
(c) A cease and desist order shall do all of the following:
(1) Include a copy of the notice of violation.
(2) Be effective upon its issuance and served immediately pursuant to Section 8703.
(3) Require that the corrective actions described in the notice of violation be completed within a specified time period or the person or public agency shall be subject to an enforcement order pursuant to Section 8701.4.
(4) Provide a date, time, and location of a public meeting before the board at which the person or public agency may appear to contest the cease and desist order.
(d) The meeting noticed pursuant to paragraph (4) of subdivision (c) shall be consistent with all of the following:
(1) The meeting shall be scheduled to occur at least 30 days after issuance of the cease and desist order and shall be held pursuant to the provisions of this part and regulations adopted by the board.
(2) At the meeting, the board may affirm, amend, modify, stay, or rescind the cease and desist order.
(3) If a person or public agency subject to a cease and desist order fails to appear at the meeting, the cease and desist order may be approved by default.
(Added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 6 - Enforcement of Unauthorized Activities and Encroachments › Section 8702.

8702. (a) The board, following notice and opportunity for a hearing, may order the removal or modification of an encroachment that was previously issued a permit by the board if the board makes one of the following findings based on substantial evidence:
(1) The encroachment presents an imminent threat to the structural integrity of the levee, channel, flood control work, or other facility of the State Plan of Flood Control.
(2) The encroachment significantly impairs the functional capability of the levee, channel, flood control work, or other facility of the State Plan of Flood Control to fulfill its particular intended role in the overall flood control plan.
(3) The encroachment is not in conformance with state law, board regulations, or, in the case of facilities of the State Plan of Flood Control, the standards and regulations of the Secretary of the Army.
(b) Routine maintenance by the board, the executive officer, the department, or local agencies that operate and maintain facilities and works on behalf of the board that includes the removal or modification of abandoned property, fences, gates, and vegetation on a levee or other flood control structure shall not be subject to this section.
(c) The removal or modification of previously permitted encroachments shall not be subject to administrative or civil penalties pursuant to Section 8704 or 8704.1.
(d) If the board orders the removal or modification of a previously permitted encroachment, the permit for the encroachment shall be modified or revoked accordingly.
(e) Nothing in this section shall be construed to alter an individual’s right to compensation that may otherwise exist at law or any rights an individual has under the Constitution of the state or the United States.
(Repealed and added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 6 - Enforcement of Unauthorized Activities and Encroachments › Section 8703.

8703. Notice and service required by this article shall be provided to the person or public agency believed to be responsible for the violation and the owner of the property on which the violation occurred or is threatened to occur by one of the following means:
(a) Hand delivery.
(b) Certified mail.
(c) If the person or agency cannot be reached or reasonably notified pursuant to subdivision (a) or (b), by placing a copy of the notice or order on the encroachment or property.
(Repealed and added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 6 - Enforcement of Unauthorized Activities and Encroachments › Section 8704.

8704. (a) Civil penalties may be imposed by a court of competent jurisdiction against any person or public agency that undertakes an activity, flood system improvement, or encroachment that is in violation of this part or that is inconsistent with any permit, cease and desist order, or enforcement order previously issued by the board or executive officer in an amount not less than five hundred dollars ($500) and not greater than thirty thousand dollars ($30,000).
(b) In addition to any other penalties, civil penalties may be imposed by a court of competent jurisdiction against any person or public agency that intentionally and knowingly undertakes an activity, flood system improvement, or encroachment that is in violation of this part or that is inconsistent with any permit, cease and desist order, or enforcement order previously issued by the board or executive officer in an amount that shall not be less than one thousand dollars ($1,000) or more than fifteen thousand dollars ($15,000) per day for each day in which the violation persists.
(c) In determining the amount of liability pursuant to subdivisions (a) and (b), the following factors shall be considered:
(1) The nature, circumstance, extent, and gravity of the violation.
(2) Whether the violation is susceptible to removal, modification, abatement, restoration, or other remedial measures.
(3) Whether the function of the levee, channel, or other flood control work is affected by the violation.
(4) The cost to the state of bringing the action.
(5) With respect to the person or public agency responsible for the violation, any voluntary remedial measures undertaken, any prior history of violations, the degree of culpability, economic profits, if any, resulting from, or expected to result as a consequence of, the violation, and other matters deemed relevant.
(d) Civil penalties may be imposed by a court of competent jurisdiction against any person or public agency that intentionally or negligently violates any cease and desist order issued, reissued, or amended by the board, or any enforcement order issued, reissued, or amended by the board in an amount that shall not exceed six thousand dollars ($6,000) for each day in which that violation persists. Any actual penalty imposed shall be reasonably proportionate to the damage suffered as a consequence of the violation.
(Repealed and added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 6 - Enforcement of Unauthorized Activities and Encroachments › Section 8704.1.

8704.1. (a) Administrative penalties may be imposed by the board in the same manner as civil penalties described in Section 8704, upon an enforcement hearing and issuance of an enforcement order pursuant to Section 8701.4, but shall not be less than five hundred dollars ($500) or exceed fifty thousand dollars ($50,000) for a single violation.
(b) In imposing penalties, the board shall express its rationale for the amount and specifically address the factors listed under subdivision (c) of Section 8704.
(c) Any penalties imposed shall be paid within 60 days.
(d) A person or public agency shall not be subject to both civil and administrative penalties for the same violation.
(e) After the time for judicial review pursuant to Section 8579 has passed, the board may apply to the clerk of the appropriate court in the county in which the administrative penalties were imposed for a judgment to collect the penalties assessed. The application, which shall include a certified copy of the board action, constitutes a sufficient showing to warrant issuance of the judgment. The clerk shall enter judgment immediately in conformity with the application. The judgment so entered has the same force and effect, and is subject to all the provisions of law relating to, a judgment in a civil action and may be enforced in the same manner as any other judgment of the court in which it is entered.
(Added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 6 - Enforcement of Unauthorized Activities and Encroachments › Section 8704.2.

8704.2. (a) Pursuant to subdivision (f) of Section 8701.4, the board or the board’s designee shall have the authority to record a lien with the county recorder in the county of this state where the person’s or agency’s property responsible for the violation is located, to recover any and all of the following:
(1) Costs incurred in abating, removing, and restoring a violation, including, but not limited to, costs incurred in seeking modification, removal, abatement, or restoration pursuant to this part.
(2) Costs incurred in the summary abatement of emergencies.
(3) Attorney’s fees associated with actions to enforce this part.
(b) A lien recorded pursuant to this section shall have the same force, effect, and priority as a judgment lien.
(c) Before recording a lien, the board shall provide notice and an opportunity for a hearing to contest the amount of the lien.
(1) Notice shall be provided at least 20 days before the hearing pursuant to Section 8703.
(2) The hearing required by this section may be satisfied by an enforcement order hearing pursuant to Section 8701.4 or, in the summary abatement of emergencies, a hearing pursuant to Section 8708.
(Amended by Stats. 2014, Ch. 489, Sec. 2. (SB 1345) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 6 - Enforcement of Unauthorized Activities and Encroachments › Section 8704.4.

8704.4. The remedies provided by this article are not exclusive of, but shall be concurrent with and in addition to, any other remedy, penalty, or sanction that may exist by law, civil or criminal. The board may enforce compliance with the provisions of this article by mandamus, mandatory injunction, or by any other appropriate remedy authorized by law. The action or proceeding may be commenced and maintained by the board in the name of the state.
(Added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 6 - Enforcement of Unauthorized Activities and Encroachments › Section 8705.

8705. The Flood Risk Management Fund is hereby established in the State Treasury. All funds received from fees pursuant to Section 8535 and from penalties pursuant to this article shall be paid into the fund. Upon appropriation by the Legislature, the moneys in the fund shall be expended by the board to carry out enforcement pursuant to this part, including the costs of the modification, removal, abatement, or restoration of violations and related litigation.
(Amended by Stats. 2017, Ch. 26, Sec. 96. (SB 92) Effective June 27, 2017.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 6 - Enforcement of Unauthorized Activities and Encroachments › Section 8706.

8706. The board may maintain actions in the name of the state to compel by injunction the owner or owners of any bridge, trestle, wire line, viaduct, embankment, or other structure or obstruction that shall be intersected, traversed, or crossed by any bypass, drainage canal, channel, or overflow channel to construct or alter any structure in order to offer a minimum of obstruction to the free flow of water. In the case of existing works, the board may compel the removal or alteration of structures or obstructions that impede the free flow of water.
(Repealed and added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 6 - Enforcement of Unauthorized Activities and Encroachments › Section 8706.5.

8706.5. Any activity that does or may interfere with, obstruct the performance, maintenance, or operation of, or otherwise adversely affect facilities of the State Plan of Flood Control, designated floodways, or streams that are regulated by the board constitutes a public nuisance, and the board may commence and maintain a suit in the name of the people of the state for the prevention or abatement of that nuisance.
(Added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 6 - Enforcement of Unauthorized Activities and Encroachments › Section 8707.

8707. If the board or Attorney General prevails in a civil action to enforce this part, or if a local agency prevails in a civil action to seek abatement costs under subdivision (c) of Section 8708 or modification, removal, abatement, or restoration costs as the board’s designee under subdivision (f) of Section 8701.4, the board, Attorney General, or local agency shall be awarded attorney’s fees and costs, including, but not limited to, any fees and costs incurred by its agents.
(Repealed and added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 6 - Enforcement of Unauthorized Activities and Encroachments › Section 8708.

8708. (a) Nothing in this article shall be construed to prevent the department, the board, the executive officer, or a levee-maintaining agency from taking any action to prevent an imminent failure of a levee, channel, floodway, stream bank, or flood control feature, or other emergency action necessary to protect the public welfare.
(b) To the extent emergency action is required that involves the removal, modification, or abatement of an encroachment, flood system improvement, or activity maintained by an individual or public agency, the individual or public agency may request a hearing before the board within 30 days after the action has been commenced.
(c) After a public hearing, by request or by its own motion, the entity that has carried out the abatement functions pursuant to this section may seek reimbursement of its abatement costs and may pursue any legal remedies available to recover its costs, including imposing a lien pursuant to Section 8704.2.
(Repealed and added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 6 - Enforcement of Unauthorized Activities and Encroachments › Section 8709.

8709. The board shall adopt emergency regulations necessary to implement this article in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of emergency regulations shall be deemed an emergency that calls for the immediate action to avoid serious harm to the public peace, health, safety, or general welfare.
(Repealed and added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 7 - Approval of Plans › Section 8710.

8710. Every plan of reclamation, flood control, drainage, improvement, dredging or work, that includes or contemplates the construction, enlargement, revetment or alteration of any levee, embankment, canal or other excavation in the bed of or along or near the banks of the Sacramento or San Joaquin Rivers or any of their tributaries or connected therewith, or upon any land adjacent thereto, or within any of the overflow basins thereof, or upon any land susceptible to overflow therefrom, shall be approved by the board before construction is commenced.
(Amended by Stats. 1945, Ch. 233.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 7 - Approval of Plans › Section 8710.1.

8710.1. The provisions of Section 8710 shall not apply to any work of interior irrigation or drainage upon reclaimed land, which work is not actually on, through, or adjoining any flood control works under the jurisdiction of the board.
(Added by Stats. 1957, Ch. 1707.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 7 - Approval of Plans › Section 8710.5.

8710.5. Whenever any irrigation, drainage, levee, or flood control district makes application for the approval required by the next preceding section, all of the provisions of Division 15, Part 6, Chapter 2 of the Water Code which relate to works of reclamation by reclamation districts within the Sacramento and San Joaquin Drainage District shall be applicable to the works of such irrigation, drainage, levee, or flood control district.
(Amended by Stats. 1953, Ch. 319.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 7 - Approval of Plans › Section 8711.

8711. Any such plan is void until approved by the board, and no work shall be done without the permission of the board.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 7 - Approval of Plans › Section 8712.

8712. No levee along a river or by-pass at any of the places mentioned in this article, nor any levee forming part of any of the plans of flood control adopted by this part or by the board, shall be cut or altered without permission of the board.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 7 - Approval of Plans › Section 8713.

8713. The owner of any existing levee at any of the places mentioned in this article may raise, widen, or strengthen the levee, if before work is commenced, the plans, specifications and method of construction are submitted to and approved by the board, and the work is done subject to the supervision of the board.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 7 - Approval of Plans › Section 8714.

8714. No claim shall ever be made against the board or the drainage district for compensation, through or by assessment or otherwise, for any part of the work under Section 8713 in excess of the requirements of the plan of flood control for that locality finally adopted and approved by the board.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 7 - Approval of Plans › Section 8715.

8715. Any existing levee may be protected or strengthened in case of emergency during the season of flood water, where it is in danger of injury or destruction from flood water.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 7 - Approval of Plans › Section 8716.

8716. Notice of emergency work shall be immediately given to the board.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 7 - Approval of Plans › Section 8717.

8717. All emergency work shall be subject to the subsequent approval of the board, and the board may require its removal or alteration if not approved.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 7 - Approval of Plans › Section 8718.

8718. No levee, embankment or other structure within any by-pass or overflow channel adopted by the board shall be raised, widened, strengthened or altered without permission of the board.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 7 - Approval of Plans › Section 8719.

8719. The doing of any act or construction of any work mentioned in this article, or permitting the work to remain after such construction, without the permission of the board and in violation of any of the provisions of this article, is a public nuisance, and the board may commence and maintain suit in the name of the people of the State for the prevention or abatement of the nuisance.
(Added by Stats. 1943, Ch. 369.)