reglab/statecodes huggingface dataset:
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 3.5 - Fish, Wildlife, and Recreation in Connection With Flood Control and Watershed Protection Projects › ARTICLE 2 - Responsibilities of State Agencies › Section 12845.

12845. In order to realize the full potential of such projects for fish and wildlife enhancement and for recreational development, state agencies having resource management responsibilities affected by the project are authorized to cooperate with federal and local sponsoring agencies through all stages of the project formulation and planning process, and to develop such data as, in their judgment, may be necessary to carry out the intent and purpose of this chapter. Such physical features as may be necessary to permit full public utilization of the completed project for recreational purposes shall be constructed and such lands as may be necessary for recreational purposes and for fish and wildlife enhancement shall be acquired at the same time and in the same manner as lands for other project purposes.
(Added by Stats. 1973, Ch. 537.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 3.5 - Fish, Wildlife, and Recreation in Connection With Flood Control and Watershed Protection Projects › ARTICLE 2 - Responsibilities of State Agencies › Section 12846.

12846. The Department of Fish and Game shall be responsible for the management of all fish and wildlife resources at any project subject to the provisions of this chapter.
(Amended by Stats. 1973, Ch. 920.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 3.5 - Fish, Wildlife, and Recreation in Connection With Flood Control and Watershed Protection Projects › ARTICLE 3 - State Financial Assistance › Section 12847.

12847. Where recreation and fish and wildlife enhancement features are contained in a flood control or watershed protection project, and where such payment is specifically authorized by the Legislature, the state shall pay 50 percent of the nonfederal capital costs of the recreation and fish and wildlife enhancement features of the project; provided, however, if the project is subject to the provisions of Public Law 89-72, the state may cooperate in the attainment of such benefits in accordance with the provisions of subdivision (c) of Section 5094.3 of the Public Resources Code.
The department or the Reclamation Board, as to projects under their respective jurisdictions, shall obtain assurances from the local agency sponsoring the project guaranteeing public access to project land and water areas prior to state participation in any costs pursuant to this chapter.
(Added by Stats. 1973, Ch. 537.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 3.5 - Fish, Wildlife, and Recreation in Connection With Flood Control and Watershed Protection Projects › ARTICLE 3 - State Financial Assistance › Section 12848.

12848. The Legislature hereby declares that there shall be included in the budget of the department for flood control subventions or for direct acquisitions by the state for each fiscal year an appropriation of funds from the General Fund in an amount sufficient to pay all costs required by this chapter.
(Added by Stats. 1973, Ch. 537.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 3.5 - Fish, Wildlife, and Recreation in Connection With Flood Control and Watershed Protection Projects › ARTICLE 4 - Powers and Duties of Local Agencies › Section 12849.

12849. Any local agency sponsoring a project subject to the provisions of this chapter is hereby authorized to design, construct, operate, and maintain public recreational facilities at such project and shall have such powers as may be necessary or convenient to carry out the provisions of this chapter. Local sponsoring agencies are authorized to contract with the United States, the State of California, and with other local agencies or entities in order to realize the full potential of flood control and watershed protection projects for recreational development and for fish and wildlife enhancement.
(Added by Stats. 1973, Ch. 537.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4 - Watershed Protection Flood Prevention Projects › ARTICLE 1 - Short Title › Section 12850.

12850. Chapter 4 of this part shall be known and may be cited as “The California Watershed Protection and Flood Prevention Law.”
(Added by Stats. 1955, Ch. 1886.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4 - Watershed Protection Flood Prevention Projects › ARTICLE 2 - Definitions › Section 12851.

12851. The definitions in this article govern the contruction of this chapter.
(Added by Stats. 1955, Ch. 1886.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4 - Watershed Protection Flood Prevention Projects › ARTICLE 2 - Definitions › Section 12853.

12853. “Lands, easements and rights of way” includes lands and rights or interests in lands whereon channel improvements and channel rectifications, debris dams and water retarding structures are located; lands, rights, or interests in lands necessary in connection with the construction, operation, or maintenance of such channel improvements and rectifications, debris dams and water retarding structures, including those necessary for flooding and flowage purposes, debris basins, spoil areas, borrow pits, or for access roads; and including the cost of the relocation, reconstruction, or replacement of existing improvements, structures, or utilities rendered necessary by such channel improvements and rectifications, debris dams and water retarding structures.
(Added by Stats. 1955, Ch. 1886.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4 - Watershed Protection Flood Prevention Projects › ARTICLE 2 - Definitions › Section 12854.

12854. “Local organizations” means any county, city, state agency or public district.
(Added by Stats. 1955, Ch. 1886.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4 - Watershed Protection Flood Prevention Projects › ARTICLE 3 - Declaration of Policy › Section 12860.

12860. It is hereby declared that the people of the State have a primary interest in the control and conservation of floodwaters and the prevention of erosion, sediment damages and other damages by floodwaters in the watersheds of the rivers and streams of this State.
(Added by Stats. 1955, Ch. 1886.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4 - Watershed Protection Flood Prevention Projects › ARTICLE 3 - Declaration of Policy › Section 12861.

12861. It is hereby declared that recurrent floods on rivers and streams of this State, causing loss of life and damage to property, disruption of commerce, interruption of transportation and communications, and wasting of water, are detrimental to the peace, health, safety and welfare of the people of the State. The control and prevention of such floods and the loss and damage caused thereby and the conservation and protection of the State’s land and water resources are proper functions and activities of the State, in cooperation with counties, cities, state agencies and public districts, and in cooperation with the United States, or any of its departments or agencies.
(Added by Stats. 1955, Ch. 1886.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4 - Watershed Protection Flood Prevention Projects › ARTICLE 4 - Declaration of Intent › Section 12865.

12865. It is the intention of the Legislature that it will be the policy of the State to pay the costs of local cooperation required by acts of Congress for the following types of watershed projects:
(a) “Pilot plant” or “experimental projects” in this State, whether commenced prior to the effective date of this chapter or not, authorized by the Department of Agriculture Appropriation Act for the fiscal year ending June 30, 1954 (Chapter 251, Public Law 156, Eighty-third Congress, First Session, approved July 28, 1953) to be carried out pursuant to Public Law 46, Seventy-fourth Congress.
(b) Any project in this State undertaken, whether prior to the effective date of this chapter or not, pursuant to the Watershed Protection and Flood Prevention Act (Public Law 566, Chapter 656, Eighty-third Congress, Second Session).
(Added by Stats. 1955, Ch. 1886.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4 - Watershed Protection Flood Prevention Projects › ARTICLE 4 - Declaration of Intent › Section 12866.

12866. The costs of local cooperation which the State will assume pursuant to Section 12865 shall be limited to the costs of lands, easements and rights of way.
(Added by Stats. 1955, Ch. 1886.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4 - Watershed Protection Flood Prevention Projects › ARTICLE 4 - Declaration of Intent › Section 12866.1.

12866.1. It is also declared to be the policy of the state that the state shall not provide financial assistance for relocation, reconstruction, or replacement of existing improvements, structures, or utilities for which the owner has no legal right to be compensated for such relocation, reconstruction or replacement.
(Added by Stats. 1973, Ch. 893.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4 - Watershed Protection Flood Prevention Projects › ARTICLE 4 - Declaration of Intent › Section 12866.3.

12866.3. The local agency may receive credit against its share of the costs of lands, easements, and rights-of-way as determined in subdivisions (b) and (d) of Section 12866.2 for lands required for the project which were acquired not more than five years prior to federal authorization of the project. The amount of this credit shall be determined by the department by applying the percentage representing the state portion of the costs of lands, easements, and rights-of-way as determined in subdivision (a) of Section 12866.2 to the actual costs of the local agency in the case of acquisition by purchase or condemnation, and to the fair market value at the time the title is transferred in the case of acquisition free of charge.
(Amended by Stats. 1974, Ch. 1054.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4 - Watershed Protection Flood Prevention Projects › ARTICLE 4 - Declaration of Intent › Section 12866.4.

12866.4. Whenever specifically authorized by the Legislature, the department may lend the local agency the funds necessary to pay the local portion of the costs of lands, easements, and rights-of-way determined in subdivisions (b) and (d) of Section 12866.2, less any credit for previously acquired lands determined under Section 12866.3. The state loan may not exceed a period of 10 years and the rate of interest on the loan shall be the current rate for the state’s Pooled Money Investment Account. The loan shall be repaid in annual installments beginning one year after the loan is made. The annual loan payment shall be deducted from the state’s annual tax subvention to the local agency, if any. In the event that the local agency does not receive tax subventions from the state adequate to make the loan payment and becomes in default of the loan payments, the local agency, notwithstanding any other provisions of any statute limiting its tax ceiling, shall levy sufficient taxes to repay the loan. Notwithstanding any other provisions of law, any local agency authorized to participate in the construction of watershed protection projects is authorized to accept the loans authorized pursuant to this section.
(Amended by Stats. 1974, Ch. 1054.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4 - Watershed Protection Flood Prevention Projects › ARTICLE 4 - Declaration of Intent › Section 12867.

12867. The State shall pay the costs of lands, easements and rights of way for projects described in subsection (a) of Section 12865 only if, or to the extent that:
(a) The Secretary of Agriculture and local organizations have agreed on a plan for works of improvement pursuant to the authorization made by the Department of Agriculture Appropriation Act for the fiscal year ending June 30, 1954.
(b) Local organizations have given assurances as required by the Secretary of Agriculture relative to local participation.
(c) The department finds in its judgment that the benefits of the proposed works of improvement for an entire project or for a portion or portions thereof which constitute complete and usable independent units will reasonably exceed the costs of the entire project or of such portion or portions thereof. Cost figures based upon a reconnaissance-type survey may be used for such purpose providing the department finds that all elements of cost reasonably appear to be included and the cost figures appear reasonably accurate for the purpose of supporting a finding that total costs will be less than the total benefits for an entire project or for such portion or portions thereof that may be under consideration.
(d) The department recommends to the Legislature that an appropriation of funds be made for the entire project or for such portion or portions thereof as constitute complete and usable independent units for reallocation for payment of the costs of lands, easements and rights of way which it finds have already been incurred or which it is anticipated will be incurred during the next fiscal year.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4 - Watershed Protection Flood Prevention Projects › ARTICLE 4 - Declaration of Intent › Section 12868.

12868. The State shall pay the costs of lands, easements and rights of way for projects described in subsection (b) of Section 12865 only if, or to the extent that:
(a) The Secretary of Agriculture and local organizations have agreed on a plan for works of improvement pursuant to Public Law 566, Eighty-third Congress, Second Session.
(b) Local organizations have given the required assurances to the Secretary of Agriculture that they will:
(1) Acquire without cost to the Federal Government such land, easements, or rights of way as will be needed in connection with works of improvement installed with federal assistance;
(2) Assume such proportionate share of the cost of installing any works of improvement involving federal assistance as may be determined by the secretary to be equitable in consideration of anticipated benefits from such improvements;
(3) Make arrangements satisfactory to the secretary for defraying costs of operating and maintaining such works of improvement, in accordance with regulations presented by the Secretary of Agriculture;
(4) Acquire, or provide assurance that landowners have acquired, such water rights, pursuant to state law, as may be needed in the installation and operation of the work of improvement.
(5) Obtain agreements to carry out recommended soil conservation measures and proper farm plans from owners of not less than 50 per centum of the lands situated in the drainage area above each retention reservoir to be installed with federal assistance.
(c) The Secretary of Agriculture has determined that the benefits to be derived from the proposed works of improvement will exceed the cost.
(d) The Secretary of Agriculture has transmitted a copy of the plan and justification therefor to the Congress through the President and, where applicable, to the Secretary of the Interior and the Secretary of the Army, as required by said Public Law 566.
(e) The department finds in its judgment that the benefits of the proposed works of improvement for an entire project will reasonably exceed the costs thereof. Cost figures based upon a reconnaissance-type survey may be used for such purpose providing the department finds that all elements of cost reasonably appear to be included and the cost figures appear reasonably accurate for the purpose of supporting a finding that total costs will be less than the total benefits.
(f) The department recommends to the Legislature that an appropriation of funds be made for the project for reallocation for payment of the costs of lands, easements and rights of way which it finds have already been incurred or which it is anticipated will be incurred during the next fiscal year.
(Amended by Stats. 1959, Ch. 1269.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4 - Watershed Protection Flood Prevention Projects › ARTICLE 5 - Procedure for Allocation › Section 12870.

12870. When local organizations have agreed with the Secretary of Agriculture upon a plan for works of improvement pursuant to the authorization contained in said Department of Agriculture Appropriation Act or in said Public Law 566 and desire financial assistance from the State pursuant to this chapter, they shall file an application with the department requesting the department to recommend to the Legislature that an appropriation of funds be made for the next fiscal year.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4 - Watershed Protection Flood Prevention Projects › ARTICLE 5 - Procedure for Allocation › Section 12871.

12871. The department shall make such a recommendation to the Legislature if it finds that the requirements of Section 12867 or Section 12868 have been met.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4 - Watershed Protection Flood Prevention Projects › ARTICLE 5 - Procedure for Allocation › Section 12872.

12872. The findings of the department required by subsection (d) of Section 12867 or of subsection (f) of Section 12868 shall be based upon current cost estimates or actual costs incurred or expended.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4 - Watershed Protection Flood Prevention Projects › ARTICLE 5 - Procedure for Allocation › Section 12873.

12873. The findings of the department required by subsection (c) of Section 12867 or by subsections (a) to (e) of Section 12868 need be made only once, at the time the department first recommends an entire project or such portion or portions thereof as constitute complete and usable independent units to the Legislature, and need not be made again each year thereafter in which the department recommends an allocation of funds therefor. If conditions change so as in the judgment of the department to warrant new or different findings, the department may however make additional or contrary findings, and make recommendations thereon to the Legislature.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4 - Watershed Protection Flood Prevention Projects › ARTICLE 5 - Procedure for Allocation › Section 12874.

12874. Money appropriated to the department for reallocation to local organizations shall be reallocated to local organizations upon order of the department after application therefor has been made to it by such local organizations showing the necessity, purpose and use to be made of the money or showing that such organizations have made necessary advances or incurred obligations for the purpose of expediting projects for which the allocation is made and giving such other information as the department may require. Such application may be filed with or as a part of the application for recommendation to the Legislature for appropriation of funds. Expenditures of the reallocated sums shall be reported to the department as and when required by it. The reports shall give such information as the department may require.
(Amended by Stats. 1959, Ch. 1269.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4 - Watershed Protection Flood Prevention Projects › ARTICLE 5 - Procedure for Allocation › Section 12875.

12875. The department may refuse to make any order for the reallocation of any of the funds if the provisions of this chapter are violated.
(Amended by Stats. 2001, Ch. 745, Sec. 230.8. Effective October 12, 2001.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 1 - Formation of Maintenance Areas › Section 12878.1.

12878.1. (a)  If the department determines that a unit of a project is not being operated or maintained in accordance with the standards established by federal regulations, if the department determines that the modification of a unit of a project that has been permitted by the board and that provides flood protection is not being operated or maintained in accordance with the requirements established by the board or the department, or if the governing body of a local agency obligated to operate and maintain that unit by resolution duly adopted and filed with the department declares that it no longer desires to operate and maintain the project unit, the department shall prepare a statement to that effect specifying in detail the particular items of work necessary to be done in order to comply with the standards of the federal government and the requirements of the board or the department together with an estimate of the cost thereof for the current fiscal year and for the immediately ensuing fiscal year.
(b) Subject to subdivision (c), but notwithstanding any other provision of law, the board or the department is not required to proceed in accordance with subdivision (a) or with the formation of a maintenance area under this chapter if neither the board nor the department has given the nonfederal assurances to the United States required for the project. If neither the board nor the department has given the nonfederal assurances to the United States required for the project, the board or department may elect to proceed with the formation if it determines that the formation of a maintenance area is in the best interest of the state.
(c) If a local agency requests the department to form a maintenance area by resolution duly adopted and filed with the department, the department shall estimate the cost of preparing the statement of necessary work and the cost thereof, and all other applicable costs incurred by the department before the formation of the maintenance area. The department shall submit that estimate to the local agency. The department is not required to perform any additional work to form that maintenance area until the local agency pays the department the amount estimated pursuant to this subdivision.
(Amended by Stats. 2007, Ch. 368, Sec. 11. Effective January 1, 2008.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 1 - Formation of Maintenance Areas › Section 12878.2.

12878.2. The statement shall include a description of the unit and the name of the local agency, if any, responsible for its operation and maintenance and such statement shall be transmitted to the affected local agency in all cases and also to the board as to projects under its jurisdiction.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 1 - Formation of Maintenance Areas › Section 12878.3.

12878.3. Any such statement shall not be admissible as evidence in any court action brought against the local agency, its governing body or any member thereof or the State or any of its officials, nor shall the failure of the local agency, its governing body, or any member thereof, or the State or any of its officials, to comply with anything which may be specified as necessary in any such statement, be construed as negligence in any such action.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 1 - Formation of Maintenance Areas › Section 12878.4.

12878.4. If the local agency, within 45 days after the date of receipt of the said statement of the department, files a protest thereto with the board or department setting forth in detail the basis of its objections, then the board or department shall schedule a hearing to be held within 30 days of the filing of the said protest to hear any relevant information which said local agency may care to present in support of its protest. As to projects under the jurisdiction of the board, the board shall make such investigation as it deems necessary to determine the likelihood that the unit will thereafter be operated and maintained satisfactorily by the local agency. The said local agency shall be given at least 10 days written notice of the date and place of said hearing. Representatives of the local agency, the department and other interested parties may appear at the said hearing and present any information relevant to the said protest of the local agency or in support of the statement of the department. Upon conclusion of said hearing, if the board or department finds that there are no items of defective maintenance, or that the local agency will correct the deficiencies and maintain and operate the project works in accordance with the standards established by the federal regulations, there shall be no further proceedings under the provisions of this chapter.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 1 - Formation of Maintenance Areas › Section 12878.5.

12878.5. If no protest is received by the board or department pursuant to the provisions of the preceding section, the board or department shall adopt and establish the estimated sum previously set forth in the statement of the department made pursuant to Section 12878.1 of this code as the amount necessary to maintain the unit during the current and the ensuing fiscal year and shall thereupon proceed with the formation of a maintenance area in accordance with the provisions of this chapter.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 1 - Formation of Maintenance Areas › Section 12878.6.

12878.6. If, within 30 days after conclusion of the hearing held pursuant to Section 12878.4 of this code, the governing body of the local agency has not given assurances satisfactory to the board or department that the said local agency will correct the deficiencies and maintain and operate the project works in accordance with the standards established by the federal regulations, or that such local agency does not desire to continue to operate and maintain such unit, or that there is no such local agency obligated to so maintain and operate such unit, the board or department shall establish the amount of money necessary to maintain the unit during the current and ensuing fiscal year and shall proceed with the formation of a maintenance area in accordance with the provisions of this chapter.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 1 - Formation of Maintenance Areas › Section 12878.7.

12878.7. The board or department shall prepare a description of the proposed boundaries together with a map thereof for each maintenance area to be formed. For the purpose of preparing these boundaries and this map, the board or department shall make such investigations as may be necessary and may utilize any and all books, maps, or other relevant records, whether or not on file in the offices of the board or department or any other office or agency of the State. All officers or agencies of the State shall render whatever assistance may be required to facilitate the work of the board or department pursuant to the provisions of this chapter.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 1 - Formation of Maintenance Areas › Section 12878.8.

12878.8. Any maintenance area may be divided into zones when it is determined by the investigation that the benefit to the land in the area is not uniform throughout the area.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 1 - Formation of Maintenance Areas › Section 12878.9.

12878.9. If a maintenance area is divided into zones, the zones shall be given a numerical designation starting with Zone 1 which shall be the zone which receives the greatest proportional benefit. This benefit shall be expressed as 100 percent and the benefits received by the other zones shall be expressed in terms of relatively smaller percentages as such benefits compare with those received by Zone 1. The map of the proposed boundaries of the maintenance area shall also show the boundaries of the zones, if any, therein and the percentages of benefits to each such zone. The amount to be collected from each zone of a maintenance area shall be determined by the following formula: the assessed valuation of the land within the zone, multiplied by the percentage of benefit for that zone, multiplied by the total amount to be collected in the maintenance area; divided by the sum of the various products obtained by multiplying the assessed valuation of each zone in the maintenance area by its corresponding percentage of benefit.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 1 - Formation of Maintenance Areas › Section 12878.10.

12878.10. Upon completion of the said description and map, the board or department shall schedule a hearing to be held either at some convenient place within the proposed boundaries of the maintenance area or at Sacramento, whichever appears to the board or department to be more convenient for all interested parties.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 1 - Formation of Maintenance Areas › Section 12878.11.

12878.11. Notice of the hearing shall be given by publication in at least one newspaper of general circulation within the proposed boundaries of the maintenance area for at least once a week for two successive weeks.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 1 - Formation of Maintenance Areas › Section 12878.12.

12878.12. The notice shall state the time and place of hearing, that the purpose of the hearing is to establish the boundaries of the maintenance area benefited by the continued operation and maintenance of the unit, and the location of the place or places where the map showing the proposed boundaries as determined by the board or department may be inspected by any interested person. The notice shall include a description of the maintenance area, which may be brief and in general terms.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 1 - Formation of Maintenance Areas › Section 12878.13.

12878.13. At the hearing any owner of land within the proposed boundaries of the maintenance area or other interested person may offer, and the board or department shall receive, any relevant evidence or testimony relating to the establishment of the boundaries of the area, the zones therein, or the benefits to be received by the continued operation and maintenance of the unit. Any such owner or interested person may object to the inclusion of land within the maintenance area or any zone therein or may request the inclusion of any other land within the area or a change in the boundaries or percentage of benefits of any zone.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 1 - Formation of Maintenance Areas › Section 12878.14.

12878.14. Land lying without the exterior boundaries of the proposed maintenance area as shown on the map prepared by the board or department shall not be included within the maintenance area unless at the hearing the owner thereof consents or the owner is given notice and an opportunity to object to such inclusion and to be heard thereon.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 1 - Formation of Maintenance Areas › Section 12878.15.

12878.15. When any such additional land is proposed to be included and the owner’s consent is not given, the hearing shall be adjourned to a specified time and place.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 1 - Formation of Maintenance Areas › Section 12878.16.

12878.16. Notice of such adjourned hearing, where additional land is to be included, and the purpose thereof shall be given by publication of notice at least once a week for two successive weeks in a newspaper of general circulation in the county in which the land, or the greater portion of the land, sought to be included is situated, or, in lieu of such publication, by service by registered mail upon the owner of such land as determined by the last equalized assessment roll in accordance with which such land was assessed.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 1 - Formation of Maintenance Areas › Section 12878.17.

12878.17. Upon the final conclusion of such hearing the board or department shall establish the boundaries of the maintenance area and of the zones therein and the percentages of benefits of the respective zones, in such manner that all of the lands benefited by the continued operation and maintenance of the unit will be included in the maintenance area and that all land within the area will be classified in proportion to the benefits received by it.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 1 - Formation of Maintenance Areas › Section 12878.18.

12878.18. Land benefited by more than one unit may be included within as many maintenance areas as there are units by which it is benefited.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 1 - Formation of Maintenance Areas › Section 12878.19.

12878.19. The establishment of a maintenance area pursuant to this chapter shall be evidenced by an order or resolution of the board or director creating such area. The order or resolution shall describe the boundaries of the maintenance area and of the zones and the percentage of benefits for each zone, if any, and each such area shall be given a name, which may include a number, by which the area shall be known and designated. Such name shall be as brief as circumstances permit.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 1 - Formation of Maintenance Areas › Section 12878.20.

12878.20. The order or resolution determining and establishing the boundaries thereof shall be filed for record in the office of the county recorder of each county within which any portion of a maintenance area is located. Thereupon the determination and establishment of such maintenance area shall be complete.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 1 - Formation of Maintenance Areas › Section 12878.21.

12878.21. Upon the formation of a maintenance area, the department shall thereafter operate and maintain the unit until such time as the maintenance area may be dissolved pursuant to this chapter. If the board or the department forms a maintenance area for a portion of a unit of a project, any remaining portion of the unit of a project not included in the maintenance area shall remain the responsibility of the local agency obligated to operate and maintain that unit.
(Amended by Stats. 2007, Ch. 368, Sec. 12. Effective January 1, 2008.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 2 - Dissolution of Maintenance Areas › Section 12878.22.

12878.22. Any local agency obligated by Chapters 2 (commencing at Section 12639) and 4 (commencing at Section 12850) of this part, or by Section 8370 of this code, or by any other law of the State, to operate and maintain any unit, any part of whose territory has been incorporated in a maintenance area, or any local agency desirous of assuming the obligation of operating and maintaining any unit concerning which unit a maintenance area has been formed pursuant to this article, may petition the board or department to dissolve such maintenance area, and the board or department, after a hearing, may dissolve such maintenance area if in its discretion it finds it to be in the best interest of the State to do so.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 3 - Modification of Maintenance Areas › Section 12878.23.

12878.23. (a) The board or the department may modify the boundaries of any established maintenance area or zones within the maintenance area, the description of works to be maintained within the maintenance area, and the determination of relative benefits within any zone, upon its own initiative or upon petition by the governing body of the local agency formerly responsible for the operation and maintenance of the unit or by the board of supervisors of the county in which all or a portion of the unit is located.
(b) The board or the department may consolidate maintenance areas that share a common boundary.
(Amended by Stats. 2007, Ch. 368, Sec. 13. Effective January 1, 2008.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 3 - Modification of Maintenance Areas › Section 12878.24.

12878.24. Upon receipt of any such petition for modification or upon initiation of any such proceeding by its own action the board or department shall conduct such modification proceedings as near as may be in the manner provided in this chapter for the formation of maintenance areas, and may make such modification if in its discretion and judgment the best interests of the State and the area affected will be served thereby.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 4 - Assessments for Maintenance and Operation › Section 12878.25.

12878.25. The land within each zone, and the land within each maintenance area, if no zones are established therein, shall be conclusively presumed to be benefited by the continued operation and maintenance of the unit in accordance with the assessed valuation of the land and the improvements thereon or in accordance with its benefit product as defined in Section 12878.40, and shall be subject to assessment as provided in this article.
(Amended by Stats. 1982, Ch. 759, Sec. 1. Effective September 8, 1982.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 4 - Assessments for Maintenance and Operation › Section 12878.26.

12878.26. Each maintenance area is a district within which assessments are collected according to the value or to the benefit product as defined in Section 12878.40 of the land therein, and the provisions of Chapter 8 (commencing at Section 54900), Part 1, Division 2, Title 5 of the Government Code shall be complied with.
(Amended by Stats. 1982, Ch. 759, Sec. 2. Effective September 8, 1982.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 4 - Assessments for Maintenance and Operation › Section 12878.27.

12878.27. The department shall, prior to the first day of April of each year, estimate the cost of the operation and maintenance of each unit during the ensuing fiscal year and during the current fiscal year where no assessment has been levied or collected for the current fiscal year and adjust such estimates as provided in Section 12878.44. The department shall transmit a copy of such estimates to the board as to all units within the jurisdiction of the board.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 4 - Assessments for Maintenance and Operation › Section 12878.28.

12878.28. Following the first day of April of each year, the board or department shall hold a hearing at Sacramento on the matter of fixing the estimates and assessments for all units to be operated or maintained by the department pursuant to this chapter.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 4 - Assessments for Maintenance and Operation › Section 12878.29.

12878.29. Notice of the hearing shall be given by publication in at least one newspaper of general circulation in each maintenance area affected for at least once a week for two successive weeks.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 4 - Assessments for Maintenance and Operation › Section 12878.30.

12878.30. The notice shall set the time and place of the hearing which shall be held not less than 10 days following the completion of publication as to all maintenance areas, and shall state that the purpose of the hearing is to confirm or modify or revise the program of work to be performed on the units for which estimates have been made pursuant to Section 12878.27, and to determine the necessity for such work and the amount of the estimates therefor.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 4 - Assessments for Maintenance and Operation › Section 12878.31.

12878.31. At the hearing any owner of land in any maintenance area affected, or other interested person may offer, and the board or department shall receive, any relevant evidence or testimony concerning the proposed program of work relating to any such unit, the necessity for such work, or the estimate of the cost thereof.
(Added by Stats. 1957, Ch. 1800.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 4.5 - Maintenance Areas › ARTICLE 4 - Assessments for Maintenance and Operation › Section 12878.32.

12878.32. Upon the final conclusion of such hearing the board or department shall fix the amount of the estimate for each such unit for all purposes of the assessments provided for in this article, and in all cases where the board fixes the said amount it shall immediately notify the department of the amounts thereof.
(Added by Stats. 1957, Ch. 1800.)