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 5 - State Financial Assistance for Local Projects › ARTICLE 6 - Loans › Section 12885.7.

12885.7. Loans may be made for all or any part of the cost of the preparation of proposed feasibility reports on proposed projects, but in no event shall any such loan be in an amount which is greater than the portion of the cost of the preparation of the proposed feasibility report which the department finds to be beyond the reasonable ability of the public agency to finance from other sources. Such loans shall be repayable over a period not to exceed 10 years.
(Repealed and added by Stats. 1967, Ch. 27.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 6 - Loans › Section 12885.8.

12885.8. The department shall require the payment of interest on each loan that is made pursuant to this chapter after the effective date of the 1967 act amending this section, at a rate of 2
1
/
2
percent per annum.
(Amended by Stats. 1967, Ch. 179.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 6 - Loans › Section 12885.9.

12885.9. The department, without the prior approval of the California Water Commission, is authorized during the calendar years 1976, 1977, and 1978 to make loans in amounts not to exceed two hundred thousand dollars ($200,000) to public agencies to provide emergency facilities needed to maintain water supplies in order to relieve drought situations. Such loans shall be repayable over a period of not to exceed 10 years and shall be repayable with interest at the rate specified in Section 12885.8.
Loans may be made pursuant to this section only if no other funds are reasonably available for meeting the emergency and all other sources of emergency funding have been exhausted. Such loans may be made only to public agencies having the financial ability to repay and serving an area with a population of 200,000 or less.
The Legislature finds that public agencies serving areas with a population of over 200,000 are able financially to relieve drought situations without assistance from the state. Notwithstanding any statutory limitations on its existing powers and except as restricted by the California Constitution, any public agency is authorized, without an election, to borrow and expend funds pursuant to this section to relieve water shortage emergencies within its boundaries.
(Amended by Stats. 1977, Ch. 86.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 7 - State Participation in Projects › Section 12886.

12886. If in order to accomplish the objectives of this chapter it is necessary to construct a project that is larger than one which a public agency proposes to construct, the state may participate in planning, designing, constructing, operating and maintaining the project, and in so participating shall finance those costs of the project allocated to the state, on terms agreed upon with the agency, to the end that the project shall accomplish the maximum water development objectives at a minimum total expenditure.
(Repealed and added by Stats. 1967, Ch. 27.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 7 - State Participation in Projects › Section 12886.2.

12886.2. In participating in a project under this article, the department may perform all or part of the planning, designing, construction, operation or maintenance of the project on terms agreed upon with the agency.
(Added by Stats. 1967, Ch. 27.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 7 - State Participation in Projects › Section 12886.4.

12886.4. The department is authorized, following receipt of an application for state participation from a public agency, to participate under this article on behalf of the state in any project that is larger than the one which the public agency proposes to construct and that is primarily for domestic, municipal, agricultural, industrial, recreational or fish and wildlife enhancement purposes and in so participating shall finance those costs of such project that are allocated to the state, on terms agreed upon with the public agency, subject to the prior approval of the California Water Commission, and to expend for participation in the planning, designing, and construction of any one project an amount not exceeding one million dollars ($1,000,000) from moneys available for such participation, including but not limited to, the moneys appropriated by the California Water Resources Development Bond Act (Chapter 8 (commencing with Section 12930) of Part 6 of Division 6 of this code) for provision for water development facilities for local areas as provided in this Chapter 5. Expenditures by the department in excess of one million dollars ($1,000,000) for the planning, designing, and construction of any one project may be made only upon specific authorization of the Legislature.
(Added by Stats. 1967, Ch. 27.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 7 - State Participation in Projects › Section 12886.6.

12886.6. The department is authorized to make loans and grants to public agencies pursuant to the provisions of this chapter for projects in which the department participates under this article.
(Added by Stats. 1967, Ch. 27.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 8 - Powers of Public Agencies › Section 12887.

12887. Notwithstanding any provision of law to the contrary, every public agency empowered by law to construct and operate a project, as defined in Section 12881.2, is hereby granted, in addition to and not in derogation or limitation of the powers conferred upon the public agency by any other law, the powers specified in this article.
(Repealed and added by Stats. 1967, Ch. 27.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 8 - Powers of Public Agencies › Section 12887.1.

12887.1. A public agency may borrow money from and repay the same with interest to the state in accordance with this chapter on behalf of the entire public agency or of any portion or portions thereof for which the law applicable to the agency authorizes an indebtedness or liability to be incurred, including any improvement district, distribution district, or zone within the public agency, notwithstanding any debt limitation or other provision in the law applicable to such agency which might otherwise preclude or limit such borrowing.
(Amended by Stats. 1969, Ch. 68.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 8 - Powers of Public Agencies › Section 12887.2.

12887.2. A public agency may enter into a contract with the department, on behalf of the entire public agency, or of any portion or portions thereof referred to in Section 12887.1, for a loan or grant under this chapter or for participation by the state in a local project under Article 7 (commencing with Section 12886) of this chapter and to use the loan or grant contracted for as an additional or alternative means of financing the project proposed by the public agency.
(Added by Stats. 1967, Ch. 27.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 8 - Powers of Public Agencies › Section 12887.3.

12887.3. A public agency may comply with the provisions of any contract entered into with the department under this chapter, including any provision which obligates the public agency, or any specified portion or portions thereof, to meet all commitments, financial or otherwise, undertaken by the public agency in such contract notwithstanding any individual default by its constituents or others in the payment to the public agency of taxes, assessments, tolls, or other charges levied by the public agency.
(Added by Stats. 1967, Ch. 27.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 8 - Powers of Public Agencies › Section 12887.4.

12887.4. A public agency may include recreation and enhancement of fish and wildlife, or either of them, as functions of a project which the public agency is empowered by law to construct and operate, and may construct and operate the project for such recreation and enhancement of fish and wildlife functions, or either of them, in accordance with the provisions of a grant contract entered into with the department, including provisions for public use of the project facilities for fishing and other recreational activities.
(Added by Stats. 1967, Ch. 27.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 8 - Powers of Public Agencies › Section 12887.5.

12887.5. A public agency may construct and operate such onshore recreational facilities, fish and wildlife enhancement facilities or other facilities as the department or the Legislature may require in connection with a grant to the public agency under this chapter, and may construct and operate such facilities in accordance with the provisions of a grant contract entered into with the department, including provisions for public use of such facilities for fishing and other recreational activities.
(Added by Stats. 1967, Ch. 27.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 8 - Powers of Public Agencies › Section 12887.6.

12887.6. A public agency may annually levy or cause to be levied upon all property in the public agency, or in any portion or portions thereof, subject to taxation or assessment by the public agency an ad valorem tax or assessment, based upon the assessed valuation of such property, necessary and sufficient to meet all commitments, financial or otherwise, of the public agency that are set forth in any contract which the agency enters into with the department under this chapter, in addition to any other taxes or assessments which the public agency is authorized to levy or cause to be levied on such property and notwithstanding any provision in the law applicable to such agency which might otherwise preclude or limit such taxing or assessing. Where the law applicable to such public agency does not set forth a procedure for levying and collecting taxes or assessments on an ad valorem basis, such public agency shall utilize the procedure for levying and collecting taxes for the payment of principal and interest on general obligation bonds of municipal water districts, set forth in the Municipal Water District Law of 1911 (Division 20 (commencing with Section 71000) of this code), as it may now or hereafter be amended, for the purpose of levying and collecting taxes or assessments necessary and sufficient to meet commitments in a contract entered into under this chapter.
(Amended by Stats. 1968, Ch. 89.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 8 - Powers of Public Agencies › Section 12887.7.

12887.7. A public agency may make charges for the furnishing of services from the project for which the public agency receives financial assistance under this chapter and may pledge and use any or all revenues received from the collection of such charges for the purpose of meeting the commitments, financial or otherwise, of the public agency that are set forth in any contract which the public agency enters into with the department under this chapter.
(Added by Stats. 1967, Ch. 27.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 8 - Powers of Public Agencies › Section 12887.8.

12887.8. A public agency is hereby granted the power to bring an action in the superior court of the county in which the office of such agency is situated to determine the validity of any contract made with the department under this chapter and the authority of the public agency to enter into the contract. The action shall be had as in the case of the judicial determination of the validity of the public agency’s bonds, as nearly as the same may be applicable, and with like effect. Where the law applicable to such agency does not set forth a procedure for the judicial determination of the validity of the public agency’s bonds, the action shall be had as in the case of the judicial determination of the general obligation bonds of irrigation districts under the Irrigation District Law (Division 11 (commencing with Section 20500) of this code), as it may now or hereafter be amended, as nearly as the same may be applicable, and with like effect.
(Added by Stats. 1967, Ch. 27.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 8 - Powers of Public Agencies › Section 12887.9.

12887.9. Whenever a public agency is required to have legal counsel in connection with any of its activities pursuant to this chapter, it may use the services of the district attorney or county counsel of the county in which it is located.
(Added by Stats. 1967, Ch. 27.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 8 - Powers of Public Agencies › Section 12888.

12888. A public agency may perform all acts and do all things that are necessary or convenient to carry out the powers specified in this article.
(Repealed and added by Stats. 1967, Ch. 27.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 9 - Public Agency Election › Section 12889.

12889. Except in the case of a grant to a public agency where the applicable law contains provisions for the election of the members of the governing body of the agency or where a county board of supervisors acts as the governing body of the agency, before a public agency may enter into a contract with the department for a construction loan or a grant under this chapter, the public agency shall hold an election on the proposition of whether or not the public agency shall enter into the proposed contract and more than 50 percent of the votes cast at such election must be in favor of such proposition; provided, that if a higher percentage of favorable votes is required for the issuance of any bonds by the public agency or is required by the Constitution before the public agency may incur an indebtedness, such higher percentage shall apply in lieu of the percentage set forth in this subdivision.
(Added by Stats. 1967, Ch. 27.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 9 - Public Agency Election › Section 12889.2.

12889.2. The election shall be held in accordance with the following provisions:
(a) The procedure for holding an election on the incurring of bonded indebtedness by such public agency shall be utilized for an election on the proposed contract as nearly as the same may be applicable. Where the law applicable to such agency does not contain such bond election procedure, the procedure set forth in the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) Part 1, Division 2, Title 5 of the Government Code), as it may now or hereafter be amended, shall be utilized as nearly as the same may be applicable.
(b) No particular form of ballot is required.
(c) The notice of the election shall include a statement of the time and place of the election, the purpose of the election, the general purpose of the contract, and the maximum amount of money to be borrowed from the state under the contract.
(d) The ballots for the election shall contain a brief statement of the general purpose of the contract substantially as stated in the notice of the election, shall state the maximum amount of money to be borrowed from the state under the contract, and shall contain the words “Execution of contract—Yes” and “Execution of contract—No.”
(e) The election shall be held in the entire public agency except where the public agency proposes to contract with the department on behalf of a specified portion, or of specified portions, of the public agency, in which case the election shall be held in such portion or portions of the public agency only.
(Added by Stats. 1967, Ch. 27.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 10 - Administrative Provisions › Section 12890.

12890. The department is authorized to make from time to time such rules and regulations as may be necessary to carry out, and as are consistent with, this chapter.
(Repealed and added by Stats. 1967, Ch. 27.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 10 - Administrative Provisions › Section 12890.2.

12890.2. In making loans or grants pursuant to this chapter, the department shall impose terms and conditions that are designed to protect the state’s investment and that are necessary to carry out the purposes of this chapter.
(Added by Stats. 1967, Ch. 27.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 10 - Administrative Provisions › Section 12890.4.

12890.4. The department shall keep full and complete records and accounts concerning all of its transactions under this chapter.
(Amended by Stats. 2001, Ch. 745, Sec. 231. 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 5 - State Financial Assistance for Local Projects › ARTICLE 10 - Administrative Provisions › Section 12891.

12891. In order to effectuate loans or grants made by the department pursuant to this chapter, the State Controller shall, upon demand of the department, draw warrants made payable to such public agencies and in such amounts as are from time to time designated by the department. The State Treasurer shall pay such warrants from available moneys.
(Repealed and added by Stats. 1967, Ch. 27.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 10 - Administrative Provisions › Section 12891.2.

12891.2. It shall be the duty of the State Controller to make such audit or audits of the books and records of public agencies receiving loans or grants pursuant to this chapter, as he may deem necessary from time to time, for the purposes of determining that the money received by such public agencies as loans or grants hereunder has been expended for the purposes and under the conditions authorized herein. Whenever the State Controller determines that any money paid to such a public agency has been expended by such public agency for purposes not authorized by this chapter, or exceeds the final cost of the project for which a loan or grant was made, or exceeds the final cost of the feasibility report for which a loan was made, the State Controller shall furnish written notice to the department and to the public agency directing the public agency to pay into the State Treasury the amount of such unauthorized expenditures, or the amount in excess of the final authorized cost of the project or the feasibility report. Upon receipt of such notice, such public agency shall, at the time specified therein, pay to the State Treasurer the amount set forth in such notice. Such amount shall, upon order of the State Controller, be deposited in the State Treasury to the credit of the California Water Resources Development Bond Fund to be available for the purposes prescribed in Section 12937 of this code.
It shall be the duty of such public agency to make the payments to the State Treasurer as provided in this section, and it shall be the duty of the State Controller to enforce such collection on behalf of the state.
(Added by Stats. 1967, Ch. 27.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 10 - Administrative Provisions › Section 12891.4.

12891.4. All loans or grants made pursuant to this chapter shall be subject to the provisions of this chapter and subject to the approval of the California Water Commission.
(Added by Stats. 1967, Ch. 359.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 10 - Administrative Provisions › Section 12892.

12892. No member of the California Water Commission shall participate in the action of the commission in considering for approval, or approving, a loan or grant under this chapter to a public agency of which he is an officer, employee, agent, consultant, accountant, engineer, or legal counsel or in which he owns real property.
(Added by Stats. 1967, Ch. 27.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5 - State Financial Assistance for Local Projects › ARTICLE 10 - Administrative Provisions › Section 12893.

12893. In the case of a grant under subdivision (b) of Section 12884.2 for the part of the construction cost of a dam and reservoir properly allocated to recreational functions of statewide interest and a grant under subdivision (a) of Section 12884.2 for the part of the construction cost of the proposed project properly allocated to the enhancement of fish and wildlife, the department may provide in the grant contract that the public agency shall deposit a portion of the grant into a special account or fund and shall use the money deposited, and its increments, solely for the construction of specified onshore recreation facilities until the construction cost of the facilities is paid. In acting under this section, the department may reserve for the construction of onshore recreation facilities only the portions of such grants which, in the department’s judgment, will not be needed for the payment of the construction cost of the dam and reservoir, in the case of a grant under subdivision (b) of Section 12884.2, or the construction cost of any project facilities other than the onshore recreation facilities, in the case of a grant under subdivision (a) of Section 12884.2.
(Added by Stats. 1967, Ch. 359.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5.5 - Local Agency Bond Payments › Section 12894.

12894. The department may, when specifically authorized by law to do so, enter into a commitment, without regard to fiscal years, with any public agency, as defined in subdivision (b) of Section 12881.2, to make a loan to such public agency for the purpose of paying the difference between the amount the public agency is able to raise to make any payment of the principal and interest on general obligation bonds issued by such public agency for the construction of a project utilizing water from the State Water Resources Development System or water obtained through an exchange of water from the system and the amount due on such principal and interest. For the purposes of this chapter, the term “general obligation bonds” shall be deemed to include bonds, but not direct assessment warrants, issued by a California water storage district pursuant to Part 8 (commencing with Section 45100) of Division 14 of this code.
The balance of the appropriation made by Chapter 1435, Statutes of 1963, not required for the purposes of that chapter, as determined by the director, is hereby appropriated to the department for expenditure, without regard to fiscal years, as follows:
(a) Not to exceed ten thousand dollars ($10,000) may be expended by the department in carrying out the provisions of Section 12894.2.
(b) The remainder shall be available for the purpose of making loan commitments pursuant to this section, when specifically authorized by law.
Said balance of the appropriation made by Chapter 1435, Statutes of 1963, shall constitute the sole and exclusive source of payment of such loans, and any commitment to make such a loan shall not constitute a debt, liability, or obligation of the state, except to the extent that money may be available from said balance to make a loan. The purpose of such commitments shall be to assist public agencies in the sale of such bonds at a reasonable charge. An application for such a commitment may be approved only if it is determined that the commitment is needed for that purpose, that there is reasonable assurance that the public agency can repay any sums paid out by the department under the commitment, and that the project for which the bonds are to be issued substantially conforms to the California Water Plan and is financially feasible. Approval of such bonds by the State Treasurer for certification shall constitute a finding that the project is financially feasible.
(Amended by Stats. 1970, Ch. 911.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5.5 - Local Agency Bond Payments › Section 12894.1.

12894.1. Notwithstanding any provision of law to the contrary, every public agency empowered by law to contract with the state for a water supply is hereby granted, in addition to and not in derogation or limitation of the powers conferred upon the public agency by any other law, the power to enter into a contract with the department for a commitment in accordance with this chapter and to comply with the provisions of any such contract and the same powers with regard to such a loan commitment as are granted to public agencies under Sections 12887.1, 12887.2, 12887.3, 12887.6, 12887.7, and 12887.8.
(Added by Stats. 1967, Ch. 1610.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5.5 - Local Agency Bond Payments › Section 12894.2.

12894.2. The Department of Water Resources shall notify all public agencies which have contracted for water from the State Water Resources Development System of its intention to conduct an investigation of the need for loan commitments to public agencies under Section 12894. The department shall investigate all public agencies which indicate a desire for such a loan commitment. Any agency indicating such a desire shall, upon request, furnish to the department such information as may be required by the department in the conduct of the investigation and the preparation of the report to be submitted to the Legislature pursuant to this section.
The department shall submit to the Legislature by the fifth legislative day of the 1968 Regular Session, a report which shall include, but not necessarily be limited to, the following: (1) the total amount of assistance requested by all public agencies pursuant to this chapter; (2) the loan commitments which the department proposes to make; (3) the period for which each loan commitment is proposed to be made; (4) the interest rate on any such loan; (5) the terms which will govern the repayment of loans made pursuant to this chapter; and (6) the terms and conditions upon which the department would propose to make such commitments.
(Added by Stats. 1967, Ch. 1610.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5.5 - Local Agency Bond Payments › Section 12894.3.

12894.3. If the department determines that a loan commitment pursuant to Section 12894 will not enable any eligible public agency specified in Section 1 of Chapter 842 of the Statutes of 1968 to obtain the funds necessary to construct projects utilizing water from the State Water Resources Development System or water obtained through an exchange of water from the system, the department may make loans from the funds appropriated by Section 12894 for the construction of such projects. Such loans shall be made upon the terms and conditions specified in Sections 12894.4, 12894.5 and 12894.6.
(Added by Stats. 1971, Ch. 1078.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5.5 - Local Agency Bond Payments › Section 12894.4.

12894.4. A loan pursuant to Section 12894.3 shall not exceed 25 percent of the total cost of the project, or two million five hundred thousand dollars ($2,500,000), whichever is the lesser. Such loan shall be repayable over a period not to exceed 40 years. A period of development, not exceeding five years, may be allowed during which no payments on the principal of or the interest on such loan shall be required, when in the department’s judgment such development period is justified under the circumstances. If the payment of interest is deferred pursuant to this section, no interest shall be charged on the interest amount for which payment is deferred. The accrued interest shall be paid in annual installments during the remainder of the loan repayment period.
(Added by Stats. 1971, Ch. 1078.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5.5 - Local Agency Bond Payments › Section 12894.5.

12894.5. Annual payments on the loan, including both principal repayment and interest, shall be in substantially equal amounts over the term of the loan, excluding the initial deferment, if any.
(Added by Stats. 1971, Ch. 1078.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5.5 - Local Agency Bond Payments › Section 12894.6.

12894.6. In making loans pursuant to Section 12894.3, the department shall impose such terms and conditions as are necessary to protect the state’s investment and carry out the purposes of this chapter.
(Added by Stats. 1971, Ch. 1078.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5.5 - Local Agency Bond Payments › Section 12894.7.

12894.7. The department shall require the payment of interest on each loan that is made pursuant to Section 12894.3 at a rate equal to the weighted average of the interest rates paid by the state on bonds issued under the California Water Resources Development Bond Act (Chapter 8 (commencing with Section 12930) of this part), without regard to any premiums received on the sale of such bonds, as of the date of the loan.
(Added by Stats. 1971, Ch. 1078.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 5.5 - Local Agency Bond Payments › Section 12894.8.

12894.8. Prior approval by the voters of an eligible district of a project described in Section 12894.3 and bonds therefor shall constitute approval of a loan pursuant to Section 12894.3 to the extent that the loan proceeds will be utilized to construct the project in lieu of the approved bonds.
(Added by Stats. 1971, Ch. 1078.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 6 - State Cooperation With the Federal Government on State Water Projects › Section 12895.

12895. The Department of Water Resources is authorized to participate and cooperate with the United States in the planning of construction, operation, maintenance, and financing of projects that are in substantial conformity with The California Water Plan.
(Added by Stats. 1957, Ch. 2417.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 6 - State Cooperation With the Federal Government on State Water Projects › Section 12896.

12896. Under the policy established in Section 12895, the department is authorized to participate and cooperate with the United States in the planning of construction, operation, maintenance, and financing of the new Melones Project on the Stanislaus River and the new Hogan Project on the Calaveras River.
(Added by Stats. 1957, Ch. 2417.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 6 - State Cooperation With the Federal Government on State Water Projects › Section 12898.

12898. The Sacramento Canals Unit of the Central Valley Project is approved for state participation to the extent that funds are hereafter appropriated therefor.
The department may enter into a contract with the Federal Government on behalf of the State under which the State agrees to pay to the Federal Government, each year that the net revenue derived from the operation of the Sacramento Canals Unit is less than the amount necessary to pay the appropriate share of the reimbursable construction cost of the unit allocated for repayment in that year, an amount equal to the difference between the revenues received and the amount so allocated for repayment. The contract shall condition any payment upon an appropriation being made therefor.
(Added by Stats. 1959, Ch. 1767.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 6.5 - State Water Resources Development System Rights-Of-Way › Section 12899.

12899. The following definitions govern the construction of this chapter:
(a) “State Water Resources Development System” means the State Water Resources Development System as described in Section 12931, including, but not limited to, all portions of the project authorized pursuant to the Central Valley Project Act (Part 3 (commencing with Section 11100)) and additions thereto.
(b) “Encroachment” means any installation of any tower, pole, pipe, fence, building, structure, object, or improvement of any kind or character that is placed in, on, under, or over any portion of the State Water Resources Development System or other use of the department’s right-of-way, including the alteration of the ground surface elevation by more than one foot, or the planting of trees, vines, or other vegetation on the department’s right-of-way that may pose a threat to the physical integrity of any facility of the State Water Resources Development System or that could interfere with the department’s rights with regard to access, inspection, repair, or the operation and maintenance of any State Water Resources Development System facility.
(c) “Person” means any person, firm, partnership, association, corporation, other business entity, nonprofit organization, or governmental entity.
(d) “Right-of-way” means any property interest acquired by the department for State Water Resources Development System purposes, including but not limited to, an easement, license, permit, joint use agreement, or fee ownership.
(Added by Stats. 2005, Ch. 263, Sec. 3. Effective January 1, 2006.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 6.5 - State Water Resources Development System Rights-Of-Way › Section 12899.1.

12899.1. (a) Except as provided by Section 12899.8, no person shall make any alteration, improvement, encroachment, or excavation within the right-of-way acquired for the State Water Resources Development System, without first obtaining the written permission of the department.
(b) Any person proposing to make an alteration, improvement, encroachment, or excavation within the right-of-way acquired for the State Water Resources Development System shall submit an application to the department on a form prescribed by the department, along with other reports, studies, and analyses as required by the department.
(c) The department may issue a written permit, in accordance with this chapter, authorizing the permittee to do any act that is not inconsistent with the functioning, operation, maintenance, enlargement, and rehabilitation of any portion of the facilities of the State Water Resources Development System.
(d) By issuing the permits, the department is not responsible for the competence or reliability of the permittee or the encroachment.
(e) The department shall approve or deny an application for an encroachment permit not later than 60 days from the date of receipt of the complete application, as determined by the department. An application for a permit is complete when all application requirements and other statutory requirements, including, but not limited to, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), have been met. Not later than 30 days from the date on which the application is received, the department shall determine whether an application is complete. The department shall not unreasonably deny an application for a permit. If the department denies an application for a permit, it shall provide an explanation of the reason for the denial at the time of notifying the applicant of the denial.
(f) Except as provided by Section 12899.8, any person who makes an alteration, improvement, encroachment, or excavation within the right-of-way acquired for the State Water Resources Development System, without a permit, is guilty of a misdemeanor.
(Added by Stats. 2005, Ch. 263, Sec. 3. Effective January 1, 2006.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 6.5 - State Water Resources Development System Rights-Of-Way › Section 12899.2.

12899.2. (a) Any act performed under the authority of a permit issued pursuant to this chapter shall be in accordance with the applicable provisions of this chapter and the terms and conditions of the permit.
(b) The department may prescribe requirements in the permit, including a requirement that the permittee pay the entire expense of restoring the affected State Water Resources Development System facilities to a condition equivalent to that before the work was performed, and requirements relating to the location and manner in which the work shall be performed, as determined by the department to be necessary for the protection of the department’s facilities.
(c) Any permit issued to a permittee shall include a provision that requires the permittee to relocate or remove the encroachment in the event the future repair, rehabilitation, or improvement of the State Water Resources Development System requires the relocation or removal of the encroachment at the sole expense of the permittee.
(d) The department shall charge an application processing and review fee for a permit to use the right-of-way.
(e) The department may inspect and supervise the work performed under any permit issued under this chapter, in which event the permittee shall pay the reasonable cost of that inspection and supervision to the department, not to exceed the amount estimated by the department at the time of issuing the permit or commencement of work. If the actual costs exceed the estimated costs, an additional fee shall be required by the department before final permit approval or at the end of the inspection. If the actual costs are less than the estimated costs, the department shall refund the difference.
(f) Before granting a permit under this chapter, the department may require any applicant to provide proof of insurance naming the department as an additional insured in an amount reasonably necessary to protect the state’s interest.
(g) Before granting a permit under this chapter, the department may require any applicant, other than a county, city, city and county, or public agency that is authorized by law to establish and maintain any works or facilities within the department’s right-of-way, to file with the department a satisfactory bond payable to the department in an amount that the department determines to be sufficient, conditioned on the proper compliance by the permittee with this chapter. The department may require a bond from a county, city, city and county, or public agency that, prior to submitting an application, failed to comply with this chapter or with the conditions of a previous permit.
(Added by Stats. 2005, Ch. 263, Sec. 3. Effective January 1, 2006.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 6.5 - State Water Resources Development System Rights-Of-Way › Section 12899.3.

12899.3. No corporation has any franchise rights within the department’s right-of-way, and no county, city, or city and county has any right to grant a franchise within that right-of-way. This section does not apply to a State Water Resources Development System right-of-way located within city, county, or city and county public roadways.
(Added by Stats. 2005, Ch. 263, Sec. 3. Effective January 1, 2006.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 6.5 - State Water Resources Development System Rights-Of-Way › Section 12899.4.

12899.4. The department may delegate, to any entity that has a contract with the department pursuant to Section 11625, any of the department’s powers, duties and authority, other than approval, under this chapter as to any facility of the State Water Resources Development System that primarily benefits that entity, and may withdraw that delegation of authority.
(Added by Stats. 2005, Ch. 263, Sec. 3. Effective January 1, 2006.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 6.5 - State Water Resources Development System Rights-Of-Way › Section 12899.7.

12899.7. Any person who by any means willfully or negligently injures or damages any feature of the State Water Resources Development System or the department’s right-of-way is liable for necessary repairs, and the department may recover in an action at law the amount expended for the repairs, together with the costs and expenses, including attorney’s fees, incurred in that action.
(Amended by Stats. 2006, Ch. 538, Sec. 675. Effective January 1, 2007.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 6.5 - State Water Resources Development System Rights-Of-Way › Section 12899.8.

12899.8. (a) Notwithstanding any other provision of this chapter, and except as otherwise provided in an agreement between the department and landowner or predecessor-in-interest, any person owning a legal real property interest over a portion of the State Water Resources Development System right-of-way, or who has an agreement with the department for the construction, operation, and maintenance of an encroachment, is not required to obtain a permit from the department for exercising their property or other rights, but shall submit their plans to the department for review and comment before undertaking any additional work within the department’s right-of-way. A person’s legal real property or other interests shall be determined by the department upon the review of the appropriate document, agreement, or reservation of rights. The department shall respond not later than 30 days from the date of the receipt of the plans.
(b) Notwithstanding any other provision of this chapter, any holder of a current State Water Resources Development System encroachment permit on January 1, 2007, or a person who has an agreement with the department for the construction, operation, and maintenance of an encroachment as of that date, may continue the authorized encroachment pursuant to the terms, conditions, and limitations of that permit or agreement.
(Added by Stats. 2005, Ch. 263, Sec. 3. Effective January 1, 2006.)
2023 California Code › Water Code - WAT › DIVISION 6 - CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES › PART 6 - WATER DEVELOPMENT PROJECTS › CHAPTER 6.5 - State Water Resources Development System Rights-Of-Way › Section 12899.9.

12899.9. The department may adopt regulations to implement this chapter, including regulations that provide for the filing of an application for a permit, related administrative review and inspection, the imposition of permit fees and permit terms and conditions, an administrative appeal process, and a process for administrative review and regulation of existing encroachments in accordance with this chapter.
(Added by Stats. 2005, Ch. 263, Sec. 3. Effective January 1, 2006.)