reglab/statecodes huggingface dataset:
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 5 - RECORDATION OF WATER EXTRACTIONS AND DIVERSIONS › Section 5009.

5009. (a) (1) Notwithstanding any other provision of this part, on and after January 1, 2005, each person who extracts groundwater in a board-designated local area, and who is otherwise subject to this part, shall file the required notice with the appropriate local agency designated pursuant to subdivision (e), instead of the board, in accordance with this part. The notice shall be on a form provided by the local agency and the content of the form shall be determined by the local agency in accordance with Section 5002. To the extent possible, the form shall consolidate the notice required under this section with other reports required by the local agency relating to the extraction of groundwater.
(2) A person who is subject to this section is subject to this part in the same manner and to the same extent as a person who files his or her notice with the board.
(b) Each notice filed with the local agency may include a filing fee determined by the local agency. If the local agency chooses to impose a filing fee, the local agency shall calculate the amount of the fee to pay for administrative expenses incurred in connection with the processing, compiling, and retaining of the notices, but in no event shall the fee amount exceed that amount charged by the board pursuant to Section 5006.
(c) The local agency shall make available to governmental agencies the information collected pursuant to this section.
(d) For the purposes of this section:
(1) “Board-designated local area” means the area entirely within the jurisdiction of the local agency that the board has determined shall be subject to this section, and any area for which the local agency has formally agreed to accept the required notice.
(2) “Local agency” means the local public agency or court appointed watermaster that has been designated by the board in accordance with subdivision (e).
(e) The board shall designate an entity as a local agency for the purposes of this section, if the board determines that all of the following apply:
(1) The entity has volunteered to be designated.
(2) The entity has responsibilities relating to the extraction or use of groundwater.
(3) The entity has made satisfactory arrangements with the board to identify which groundwater extractors are within the designated local area and to avoid the submission of notices to both the board and one or more local agencies.
(4) The entity has made satisfactory arrangements with the board to maintain records filed under this part for extractions within the designated local area, and to make those records available to governmental agencies.
(Amended by Stats. 2006, Ch. 374, Sec. 1. Effective January 1, 2007.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 5.1 - STATEMENTS OF WATER DIVERSIONS AND USE › Section 5100.

5100. As used in this part:
(a) “Best available technologies” means technologies at the highest technically practical level, using flow totaling devices, and if necessary, data loggers and telemetry.
(b) “Best professional practices” means practices attaining and maintaining the accuracy of measurement and reporting devices and methods.
(c) “Diversion” means taking water by gravity or pumping from a surface stream or subterranean stream flowing through a known and definite channel, or other body of surface water, into a canal, pipeline, or other conduit, and includes impoundment of water in a reservoir.
(d) “Person” means all persons whether natural or artificial, including the United States of America, State of California, and all political subdivisions, districts, municipalities, and public agencies.
(Amended by Stats. 2009, 7th Ex. Sess., Ch. 2, Sec. 3. (SB 8 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 5.1 - STATEMENTS OF WATER DIVERSIONS AND USE › Section 5101.

5101. (a) Each person who, after December 31, 1965, diverts water shall file with the board a statement of their diversion and use, as provided in subdivision (b), except that a statement is not required to be filed if the diversion is any of the following:
(1) From a spring that does not flow off the property on which it is located and from which the person’s aggregate diversions do not exceed 25 acre-feet in any year.
(2) Covered by a registration for small domestic use, small irrigation use, or livestock stockpond use, or permit or license to appropriate water on file with the board.
(3) Included in a notice filed pursuant to Part 5 (commencing with Section 4999).
(4) Regulated by a watermaster appointed by the department and included in annual reports filed with a court or the board by the watermaster, which reports identify the persons who have diverted water and describe the general purposes and the place, the use, and the quantity of water that has been diverted from each source.
(5) Included in annual reports filed with a court or the board by a watermaster appointed by a court or pursuant to statute to administer a final judgment determining rights to water, which reports identify the persons who have diverted water and give the general place of use and the quantity of water that has been diverted from each source.
(6) For use in compliance with Article 2.5 (commencing with Section 1226) or Article 2.7 (commencing with Section 1228) of Chapter 1 of Part 2.
(7) A diversion that occurs before January 1, 2009, if any of the following applies:
(A) The diversion is from a spring that does not flow off the property on which it is located, and the person’s aggregate diversions do not exceed 25 acre-feet in any year.
(B) The diversion is covered by an application to appropriate water on file with the board.
(C) The diversion is reported by the department in its hydrologic data bulletins.
(D) The diversion is included in the consumptive use data for the Delta lowlands published by the department in its hydrologic data bulletins.
(b) (1) For diversions after December 31, 1965, and before January 1, 2021, the statement shall be filed before July 1 of the year after the diversion.
(2) For diversions after December 31, 2020, and before October 1, 2021, the statement shall be filed before April 1, 2022.
(3) For diversions after September 30, 2021, the statement shall include diversions during the one-year period from October 1 of each year through September 30, inclusive, of the following year, and shall be filed before February 1 of the year after that one-year period.
(Amended by Stats. 2021, Ch. 258, Sec. 44. (SB 155) Effective September 23, 2021.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 5.1 - STATEMENTS OF WATER DIVERSIONS AND USE › Section 5102.

5102. The statement may be filed either by the person who is diverting water or, on his behalf, by an agency which he designates and which maintains a record of the water diverted. A separate statement shall be filed for each point of diversion.
(Amended by Stats. 1967, Ch. 62.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 5.1 - STATEMENTS OF WATER DIVERSIONS AND USE › Section 5103.

5103. Each statement shall be prepared on a form provided by the board. The statement shall include all of the following information:
(a) The name and address of the person who diverted water and of the person filing the statement.
(b) The name of the stream or other source from which water was diverted, and the name of the next major stream or other body of water to which the source is tributary.
(c) The place of diversion. The location of the diversion works shall be depicted on a specific United States Geological Survey topographic map, or shall be identified using the California Coordinate System, or latitude and longitude measurements. If assigned, the public land description to the nearest 40-acre subdivision and the assessor’s parcel number shall also be provided.
(d) The capacity of the diversion works and of the storage reservoir, if any, and the months in which water was used during the preceding calendar year.
(e) (1) (A) At least monthly records of water diversions. The measurements of the diversion shall be made in accordance with Section 1840.
(B) (i) On and after July 1, 2016, the measurement of a diversion of 10 acre-feet or more per year shall comply with regulations adopted by the board pursuant to Article 3 (commencing with Section 1840) of Chapter 12 of Part 2.
(ii) The requirement of clause (i) is extended to January 1, 2017, for any statement filer that enters into a voluntary agreement that is acceptable to the board to reduce the statement filer’s diversions during the 2015 irrigation season.
(2) (A) The terms of, and eligibility for, any grant or loan awarded or administered by the department, the board, or the California Bay-Delta Authority on behalf of a person that is subject to paragraph (1) shall be conditioned on compliance with that paragraph.
(B) Notwithstanding subparagraph (A), the board may determine that a person is eligible for a grant or loan even though the person is not complying with paragraph (1), if both of the following apply:
(i) The board determines that the grant or loan will assist the grantee or loan recipient in complying with paragraph (1).
(ii) The person has submitted to the board a one-year schedule for complying with paragraph (1).
(C) It is the intent of the Legislature that the requirements of this subdivision shall complement and not affect the scope of authority granted to the board by provisions of law other than this article.
(f) (1) The purpose of use.
(2) The amount of water used, if any, for cannabis cultivation.
(g) A general description of the area in which the water was used. The location of the place of use shall be depicted on a specific United States Geological Survey topographic map and on any other maps with identifiable landmarks. If assigned, the public land description to the nearest 40-acre subdivision and the assessor’s parcel number shall also be provided.
(h) The year in which the diversion was commenced as near as is known.
(Amended by Stats. 2016, Ch. 32, Sec. 103. (SB 837) Effective June 27, 2016.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 5.1 - STATEMENTS OF WATER DIVERSIONS AND USE › Section 5104.

5104. (a) Supplemental statements shall be filed annually, as provided in subdivision (b). They shall contain the quantity of water diverted and the rate of diversion by months in the preceding calendar year and any change in the other information contained in the preceding statement.
(b) (1) For diversions before January 1, 2021, a supplemental statement required under this section shall be filed before July 1 of the year after the diversion.
(2) For diversions after December 31, 2020, and before October 1, 2021, the supplemental statement shall be filed before April 1, 2022.
(3) For diversions after September 30, 2021, the supplemental statement shall include diversions during the one-year period from October 1 of each year through September 30, inclusive, of the following year, and shall be filed before February 1 of the year after that one-year period.
(c) If there is a change in the name or address of the person diverting the water, a supplemental statement shall be filed with the board that includes the change in name or address.
(d) A supplemental statement filed prior to July 1, 2016, shall include data satisfying the requirements of subdivision (a) for any diversion of water in the 2012, 2013, and 2014 calendar years, that was not reported in a supplemental statement submitted prior to July 1, 2015.
(e) This section does not limit the authority of the board to require additional information or more frequent reporting under any other law.
(Amended by Stats. 2021, Ch. 258, Sec. 45. (SB 155) Effective September 23, 2021.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 5.1 - STATEMENTS OF WATER DIVERSIONS AND USE › Section 5105.

5105. Upon failure of any person to file a statement required by this part, the board may, at the expense of such person, investigate and determine in writing the facts required by either Sections 5103 or 5104, provided the board first gives such person written notice of its intention to investigate and determine the facts and 60 days in which to file the statement without penalty.
(Added by Stats. 1965, Ch. 1430.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 5.1 - STATEMENTS OF WATER DIVERSIONS AND USE › Section 5106.

5106. (a) Neither the statements submitted under this part nor the determination of facts by the board pursuant to Section 5105 shall establish or constitute evidence of a right to divert or use water.
(b) (1) The board may rely on the names and addresses included in statements submitted under this part for the purpose of determining the names and addresses of persons who are to receive notices with regard to proceedings before the board.
(2) Notwithstanding paragraph (1), any person may submit, in writing, a request to the board to provide notification to a different address, and the board shall provide the notification to that address.
(3) If the board provides notice to persons who file statements under this part, the notice shall not be determined to be inadequate on the basis that notice was not received by a person, other than a party to whom the board’s action is directed, who fails to file a statement required to be filed under this part.
(4) This subdivision does not affect the requirement in Section 2527 to provide notice to all persons who own land that appears to be riparian to the stream system.
(c) In any proceeding before the board to determine whether an application for a permit to appropriate water should be approved, any statement submitted under this part or determination by the board pursuant to Section 5105 is evidence of the facts stated therein.
(Amended by Stats. 1997, Ch. 323, Sec. 22. Effective January 1, 1998.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 5.2 - Groundwater Extraction Reporting for Probationary Basins and Basins Without a Groundwater Sustainability Agency › Section 5200.

5200. The Legislature finds and declares that this part establishes groundwater reporting requirements for the purposes of subdivision (b) of Section 10724 and Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6.
(Added by Stats. 2014, Ch. 347, Sec. 10. (AB 1739) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 5.2 - Groundwater Extraction Reporting for Probationary Basins and Basins Without a Groundwater Sustainability Agency › Section 5201.

5201. As used in this part:
(a) “Basin” has the same meaning as defined in Section 10721.
(b) “Board-designated local area” has the same meaning as defined in Section 5009.
(c) “De minimis extractor” has the same meaning as defined in Section 10721.
(d) “Groundwater” has the same meaning as defined in Section 10721.
(e) “Groundwater extraction facility” has the same meaning as defined in Section 10721.
(f) “Groundwater sustainability agency” has the same meaning as defined in Section 10721.
(g) “Person” has the same meaning as defined in Section 10735.
(h) “Personal information” has the same meaning as defined in Section 1798.3 of the Civil Code.
(i) “Probationary basin” has the same meaning as defined in Section 10735.
(j) “Water year” has the same meaning as defined in Section 10721.
(Added by Stats. 2014, Ch. 347, Sec. 10. (AB 1739) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 5.2 - Groundwater Extraction Reporting for Probationary Basins and Basins Without a Groundwater Sustainability Agency › Section 5202.

5202. (a) This section applies to a person who does either of the following:
(1) Extracts groundwater from a probationary basin 90 days or more after the board designates the basin as a probationary basin pursuant to Section 10735.2.
(2) Extracts groundwater on or after July 1, 2017, in an area within a high- or medium-priority basin subject to the requirements of subdivision (a) of Section 10720.7 that is not within the management area of a groundwater sustainability agency and where the county does not assume responsibility to be the groundwater sustainability agency, as provided in subdivision (b) of Section 10724.
(b) Except as provided in subdivision (c), a person subject to this section shall file a report of groundwater extraction by February 1 of each year for extractions made in the preceding water year.
(c) Unless reporting is required pursuant to paragraph (2) of subdivision (c) of Section 10735.2, this section does not apply to any of the following:
(1) An extraction by a de minimis extractor.
(2) An extraction excluded from reporting pursuant to paragraph (1) of subdivision (c) of Section 10735.2.
(3) An extraction reported pursuant to Part 5 (commencing with Section 4999).
(4) An extraction that is included in annual reports filed with a court or the board by a watermaster appointed by a court or pursuant to statute to administer a final judgment determining rights to water. The reports shall identify the persons who have extracted water and give the general place of use and the quantity of water that has been extracted from each source.
(d) Except as provided in Section 5209, the report shall be filed with the board.
(e) The report may be filed by the person extracting water or on that person’s behalf by an agency that person designates and that maintains a record of the water extracted.
(f) Each report shall be accompanied by the fee imposed pursuant to Section 1529.5.
(Amended by Stats. 2021, Ch. 258, Sec. 46. (SB 155) Effective September 23, 2021.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 5.2 - Groundwater Extraction Reporting for Probationary Basins and Basins Without a Groundwater Sustainability Agency › Section 5203.

5203. Each report shall be prepared on a form provided by the board. The report shall include all of the following information:
(a) The name and address of the person who extracted groundwater and of the person filing the report.
(b) The name of the basin from which groundwater was extracted.
(c) The place of groundwater extraction. The location of the groundwater extraction facilities shall be depicted on a specific United States Geological Survey topographic map or shall be identified using the California Coordinate System or a latitude and longitude measurement. If assigned, the public land description to the nearest 40-acre subdivision and the assessor’s parcel number shall be provided.
(d) The capacity of the groundwater extraction facilities.
(e) Monthly records of groundwater extractions. The measurements of the extractions shall be made by a methodology, water-measuring device, or combination thereof satisfactory to the board.
(f) The purpose of use.
(g) A general description of the area in which the water was used. The location of the place of use shall be depicted on a specific United States Geological Survey topographic map or on any other maps with identifiable landmarks. If assigned, the public land description to the nearest 40-acre subdivision and the assessor’s parcel number shall also be provided.
(h) As near as is known, the year in which the groundwater extraction was commenced.
(i) Any information required pursuant to paragraph (3) of subdivision (c) of Section 10735.2.
(j) Any other information that the board may require by regulation and that is reasonably necessary for purposes of this division or Part 2.74 (commencing with Section 10720) of Division 6.
(Added by Stats. 2014, Ch. 347, Sec. 10. (AB 1739) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 5.2 - Groundwater Extraction Reporting for Probationary Basins and Basins Without a Groundwater Sustainability Agency › Section 5204.

5204. (a) If a person fails to file a report as required by this part, the board may, at the expense of that person, investigate and determine the information required to be reported pursuant to this part.
(b) The board shall give a person described in subdivision (a) notice of its intention to investigate and determine the information required to be reported pursuant to this part and 60 days in which to file a required report without penalty.
(Added by Stats. 2014, Ch. 347, Sec. 10. (AB 1739) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 5.2 - Groundwater Extraction Reporting for Probationary Basins and Basins Without a Groundwater Sustainability Agency › Section 5205.

5205. A report submitted under this part or a determination of facts by the board pursuant to Section 5104 shall not establish or constitute evidence of a right to divert or use water.
(Added by Stats. 2014, Ch. 347, Sec. 10. (AB 1739) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 5.2 - Groundwater Extraction Reporting for Probationary Basins and Basins Without a Groundwater Sustainability Agency › Section 5206.

5206. Personal information included in a report of groundwater extraction shall have the same protection from disclosure as is provided for information concerning utility customers of local agencies pursuant to Section 7927.410 of the Government Code.
(Amended by Stats. 2021, Ch. 615, Sec. 428. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 5.2 - Groundwater Extraction Reporting for Probationary Basins and Basins Without a Groundwater Sustainability Agency › Section 5207.

5207. A right to extract groundwater that may otherwise occur shall not arise or accrue to, and a statute of limitations shall not operate in favor of, a person required to file a report pursuant to this part until the person files the report.
(Added by Stats. 2014, Ch. 347, Sec. 10. (AB 1739) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 5.2 - Groundwater Extraction Reporting for Probationary Basins and Basins Without a Groundwater Sustainability Agency › Section 5208.

5208. Section 5107 applies to a report or measuring device required pursuant to this part. For purposes of Section 5107, a report of groundwater extraction, measuring device, or misstatement required, used, or made pursuant to this part shall be considered the equivalent of a statement, measuring device, or misstatement required, used, or made pursuant to Part 5.1 (commencing with Section 5100).
(Added by Stats. 2014, Ch. 347, Sec. 10. (AB 1739) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 5.2 - Groundwater Extraction Reporting for Probationary Basins and Basins Without a Groundwater Sustainability Agency › Section 5209.

5209. For groundwater extractions in a board-designated local area, reports required pursuant to this part shall be submitted to the entity designated pursuant to subdivision (e) of Section 5009 if both of the following occur:
(a) The board determines that the requirements of subdivision (e) of Section 5009 have been satisfied with respect to extractions subject to reporting pursuant to this part, in addition to any groundwater extractions subject to Part 5 (commencing with Section 4999).
(b) The designated entity has made satisfactory arrangements to collect and transmit to the board any fees imposed pursuant to paragraph (2) of subdivision (b) of Section 1529.5.
(Added by Stats. 2014, Ch. 347, Sec. 10. (AB 1739) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 6 - KLAMATH RIVER BASIN COMPACT › Section 5900.

5900. The Legislature of the State of California hereby ratifies and approves that certain compact designated as the “Klamath River Basin Compact between the States of Oregon and California,” as set forth in Section 2 of Chapter 113 of the Statutes of 1957, which was approved at Klamath Falls, Oregon, on the seventeenth day of November, 1956, by the California Klamath River Commission, under authority of and in conformity with the provisions of Government Code Sections 8110-8119 (California Stats. 1953, Ch. 1473, p. 3085), and by a similar commission representing the State of Oregon under legislative authority of that state, and the provisions of said compact shall become the law of this State upon said compact becoming effective as provided in Article XIII of said compact.
(Added by Stats. 1959, Ch. 586.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 7 - OREGON CALIFORNIA GOOSE LAKE INTERSTATE COMPACT › Section 5950.

5950. The Legislature of the State of California hereby ratifies the Oregon-California Goose Lake Interstate Compact as set forth in Section 5951. The provisions of the compact shall become the law of this State upon the compact becoming operative as provided in Article VII of the compact.
(Added by Stats. 1963, Ch. 1059.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 8 - CALIFORNIA NEVADA INTERSTATE COMPACT › Section 5975.

5975. The Legislature of the State of California hereby ratifies and approves the California-Nevada Interstate Compact as set forth in Section 5976. The provisions of the compact shall become the law of this state upon the compact becoming operative as provided in Article XXII of the compact.
(Added by Stats. 1970, Ch. 1480.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 1 - Definitions › Section 6002.

6002. “Dam” means any artificial barrier, together with appurtenant works, which does or may impound or divert water, and which either (a) is or will be 25 feet or more in height from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the department, or from the lowest elevation of the outside limit of the barrier, as determined by the department, if it is not across a stream channel or watercourse, to the maximum possible water storage elevation or (b) has or will have an impounding capacity of 50 acre-feet or more.
(Amended by Stats. 1965, Ch. 1225.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 1 - Definitions › Section 6002.5.

6002.5. “Critical appurtenant structure” means a water surface barrier or hydraulic control structure that is 25 feet or more in height, that impounds 5,000 acre-feet of water or more, or that the department determines poses a significant downstream hazard potential.
(Added by Stats. 2017, Ch. 26, Sec. 84. (SB 92) Effective June 27, 2017.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 1 - Definitions › Section 6003.

6003. Any such barrier which is or will be not in excess of six feet in height, regardless of storage capacity, or which has or will have a storage capacity not in excess of 15 acre-feet, regardless of height, shall not be considered a dam.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 1 - Definitions › Section 6004.5.

6004.5. “Reservoir” means any reservoir which contains or will contain the water impounded by a dam.
(Added by Stats. 1965, Ch. 1225.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 1 - Definitions › Section 6005.

6005. “Owner” includes any of the following who own, control, operate, maintain, manage, or propose to construct a dam or reservoir:
(a)The state and its departments, institutions, agencies, and political subdivisions.
(b) Every municipal or quasi-municipal corporation.
(c) Every public utility.
(d) Every district.
(e) Every person.
(f) The duly authorized agents, lessees, or trustees of any of the foregoing.
(g) Receivers or trustees appointed by any court for any of the foregoing.
“Owner” does not include the United States.
(Amended by Stats. 1965, Ch. 1225.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 1 - Definitions › Section 6006.

6006. “Alterations,” “repairs,” or either of them, mean only such alterations or repairs as may affect the safety of the dam or reservoir.
(Amended by Stats. 1965, Ch. 1225.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 1 - Definitions › Section 6007.

6007. “Enlargement” means any change in or addition to an existing dam or reservoir, which raises or may raise the water storage elevation of the water impounded by the dam or reservoir.
(Amended by Stats. 1965, Ch. 1225.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 1 - Definitions › Section 6008.

6008. Water storage elevation means that elevation of water surface which could be obtained by the existing dam or reservoir, as previously operated, were there no outflow and were the reservoir full of water.
(Amended by Stats. 1965, Ch. 1225.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 1 - Definitions › Section 6009.

6009. “State jurisdictional dam” means a dam not wholly under the control of the federal government.
(Added by Stats. 2017, Ch. 26, Sec. 85. (SB 92) Effective June 27, 2017.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 2 - General Provisions › Section 6025.

6025. It is the intent of the Legislature by this part to provide for the regulation and supervision of dams and reservoirs exclusively by the State.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 2 - General Provisions › Section 6025.5.

6025.5. (a) Notwithstanding any other provision, subject to subdivision (b), the requirements for state regulation and supervision of safety of dams, as contained in this division, shall not be applicable to waste water treatment and storage ponds constructed as a part of a waste water control facility.
(b) This section applies to those ponds specified in subdivision (a) only after the governing body of the city, county, district, or other agency which operates the waste water control facility adopts a resolution which (1) finds that the ponds have been constructed and operated to standards adequate to protect life and property, and (2) provides that the city, county, district, or other agency shall supervise and regulate the design, construction, operation enlargement, replacement, and removal of the ponds after the effective date of the resolution.
(c) This section applies only to ponds specified in subdivision (a) which (1) have a maximum height of 15 feet or less and a maximum storage capacity of 1,500 acre-feet or less, (2) have been designed by, and constructed under the supervision of, a registered civil engineer, and (3) are not across a stream channel or watercourse.
(Amended by Stats. 1984, Ch. 1027, Sec. 1.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 2 - General Provisions › Section 6025.6.

6025.6. (a) An owner of a structure defined as a dam pursuant to Section 6002, but excluded from that definition pursuant to subdivision (d) of Section 6004 or otherwise exempted from the requirements of this chapter pursuant to Section 6025.5, shall comply with the requirements of Section 6161 and shall employ a civil engineer who is registered in the state to supervise the structure for the protection of life and property for the full operating life of the structure.
(b) (1) The civil engineer supervising a dam pursuant to subdivision (a) shall take into consideration, in determining whether or not a dam constitutes, or would constitute, a danger to life or property, the possibility that the dam might be endangered by seepage, earth movement, or other conditions that exist, or might occur, in any area in the vicinity of the dam.
(2) If the civil engineer determines that a dam under his or her supervision constitutes, or would constitute, a danger to life or property, the civil engineer shall notify the owner of the dam and recommend appropriate action.
(c) The owner shall submit to the department the name, business address, and telephone number of each supervising civil engineer.
(d) The department shall submit the information provided pursuant to subdivision (c) to the Office of Emergency Services on or before January 1, 1995, and on or before each January 1 thereafter. Any change in the information shall be submitted to the department on or before July 1 of each year.
(Amended by Stats. 2017, Ch. 26, Sec. 86. (SB 92) Effective June 27, 2017.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 2 - General Provisions › Section 6026.

6026. No city or county has authority, by ordinance enacted by the legislative body thereof or adopted by the people under the initiative power, or otherwise, to regulate, supervise, or provide for the regulation or supervision of any dams or reservoirs in this state, or the construction, maintenance, or operation thereof, nor to limit the size of any dam or reservoir or the amount of water which may be stored therein. This part shall not prevent a city or county from adopting ordinances regulating, supervising, or providing for the regulation or supervision of dams and reservoirs that (a) are not within the state’s jurisdiction, or (b) are not subject to regulation by another public agency or body.
(Amended by Stats. 1965, Ch. 1225.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 2 - General Provisions › Section 6027.

6027. Whenever supervision of safety of design or construction of a proposed or existing dam or reservoir is exercised by the United States or any of its agencies pursuant to a jurisdiction superior to that of the state, and the requirements made under authority of such jurisdiction are so contradictory with requirements made by the department under this part that a compliance cannot be made which will meet both federal and state requirements, then the state requirements shall be modified by the department sufficiently to make possible compliance with both federal and state requirements.
(Amended by Stats. 1965, Ch. 1225.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 2 - General Provisions › Section 6028.

6028. No action shall be brought against the state or the department or its agents or employees for the recovery of damages caused by the partial or total failure of any dam or reservior or through the operation of any dam or reservoir upon the ground that such defendant is liable by virtue of any of the following:
(a) The approval of the dam or reservoir.
(b) The issuance or enforcement of orders relative to maintenance or operation of the dam or reservoir.
(c) Control and regulation of the dam or reservoir.
(d) Measures taken to protect against failure during an emergency.
(Amended by Stats. 1965, Ch. 1225.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 2 - General Provisions › Section 6029.

6029. Nothing in this part shall be construed to relieve an owner or operator of a dam or reservoir of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam or reservoir.
(Amended by Stats. 1965, Ch. 1225.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 2 - General Provisions › Section 6030.

6030. The findings and orders of the department and the certificate of approval of any dam or reservoir issued by the department are final and conclusive and binding upon all state agencies, regulatory or otherwise, as to the safety of design, construction, maintenance, and operation of any dam or reservoir.
(Amended by Stats. 1965, Ch. 1225.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 2 - General Provisions › Section 6031.

6031. Nothing in this part shall be construed to deprive any owner of such recourse to the courts as he may be entitled to under the laws of this State.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 2 - General Provisions › Section 6032.

6032. If a dam is owned by one or more persons or entities, the owners shall form or delegate legal and financial authority to a single entity that is responsible for the operation and maintenance of the dam, as well as the payment of any fees or other costs associated with dam ownership.
(Added by Stats. 2017, Ch. 26, Sec. 87. (SB 92) Effective June 27, 2017.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 3 - Administrative Provisions › Section 6052.

6052. The department shall employ such clerical, engineering, and other assistants as are necessary for carrying on the work of dam and reservoir supervision in accordance with this part.
(Amended by Stats. 1965, Ch. 1225.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 3 - Administrative Provisions › Section 6054.

6054. When the safety and technical considerations pertaining to a certificate of approval, dam, reservoir, or plans and specifications require it, or when requested in writing to do so by the owner, the department shall appoint a consulting board of two or more consultants to report to the department on the safety features involved.
(Amended by Stats. 1965, Ch. 1225.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 3 - Administrative Provisions › Section 6055.

6055. The cost and expense of a consulting board if appointed on the request of an owner shall be paid by the owner.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 3 - Administrative Provisions › Section 6056.

6056. The department shall retain a board of three consultants who shall make an independent report to the director upon the issuance, modification, or renewal of any certificate of approval for any dam owned by the department.
(Added by Stats. 1967, Ch. 284.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 4 - Powers of the Department › ARTICLE 1 - Powers in General › Section 6075.

6075. The department, under the police power of the state, shall supervise the construction, enlargement, alteration, repair, maintenance, operation, and removal of dams and reservoirs for the protection of life and property as provided in this part.
(Amended by Stats. 1965, Ch. 1225.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 4 - Powers of the Department › ARTICLE 1 - Powers in General › Section 6076.

6076. All dams and reservoirs in the state are under the jurisdiction of the department.
(Amended by Stats. 1965, Ch. 1225.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 4 - Powers of the Department › ARTICLE 1 - Powers in General › Section 6077.

6077. It is unlawful to construct, enlarge, repair, alter, remove, maintain, or operate any dam or reservoir except upon approval of the department as provided in this part.
(Amended by Stats. 1965, Ch. 1225.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 4 - Powers of the Department › ARTICLE 1 - Powers in General › Section 6078.

6078. The department shall adopt and revise from time to time such rules and regulations and issue such general orders as may be necessary for carrying out, but not inconsistent with, the provisions of this part.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 4 - Powers of the Department › ARTICLE 1 - Powers in General › Section 6079.

6079. In carrying out the provisions of this part the department may cooperate with the United States or any of its agencies.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 4 - Powers of the Department › ARTICLE 1 - Powers in General › Section 6080.

6080. In making any investigations or inspections required or authorized by this part the department or its representatives may enter upon private property as may be necessary.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 4 - Powers of the Department › ARTICLE 1 - Powers in General › Section 6081.

6081. In determining whether or not a dam or reservoir or proposed dam or reservoir constitutes or would constitute a danger to life or property, the department shall take into consideration the possibility that the dam or reservoir might be endangered by seepage, earth movement, or other conditions which exist or which might occur in any area in the vicinity of the dam or reservoir. Whenever the department deems that any such condition endangers a dam or reservoir, it shall order the owner to take such action as the department determines to be necessary to remove the resultant danger to life and property.
(Added by Stats. 1965, Ch. 1225.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 4 - Powers of the Department › ARTICLE 2 - Maintenance and Operation › Section 6100.

6100. Supervision over the maintenance and operation of dams and reservoirs insofar as necessary to safeguard life and property from injury by reason of the failure thereof is vested in the department.
(Amended by Stats. 1965, Ch. 1225.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 4 - Powers of the Department › ARTICLE 2 - Maintenance and Operation › Section 6101.

6101. The department may require owners to keep records of, and to report on, maintenance, operation, staffing, and engineering and geologic investigations and shall issue such rules and regulations and orders as necessary to secure maintenance and operation and to require staffing and engineering and geologic investigations which will safeguard life and property. In addition, the owner of a dam or reservoir or his agent shall fully and promptly advise the department of any sudden or unprecedented flood or unusual or alarming circumstance or occurrence affecting the dam or reservoir.
(Amended by Stats. 1965, Ch. 1225.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 4 - Powers of the Department › ARTICLE 2 - Maintenance and Operation › Section 6102.

6102. The Legislature finds and declares all of the following:
(a) The Division of Safety of Dams as part of the department inspects and reevaluates its jurisdictional dams and reservoirs for the purpose of determining their safety.
(b) Globally and nationally, there is recognition that, as with all aging infrastructure, there is an unmet need regarding dam maintenance and repairs. California needs to continue to lead efforts to address these unmet needs, and improve upon standards set by regulatory agencies to ensure public safety.
(c) In order to ensure the safe operation of dams and to maintain public confidence in dam safety, the Division of Safety of Dams must inspect dams within its jurisdiction once per fiscal year with the exception of low hazard potential dams which will receive inspections every two fiscal years at a minimum. California’s dam safety procedures must stay on par with, or ahead of, best practices and must continually update those procedures based on the best available knowledge.
(d) In order to ensure that the practices of the Division of Safety of Dams continue to reflect the best available knowledge, and in light of the recommendations arising from the independent Forensic Team’s review of the Oroville Dam spillway incident, the Division must consult with independent dam safety and dam safety risk management organizations to propose additions to the Division’s existing dam safety program in order to incorporate updated best practices to ensure public safety, as set forth in Section 6103.
(Repealed and added by Stats. 2018, Ch. 3, Sec. 2. (AB 1270) Effective February 26, 2018.)
2023 California Code › Water Code - WAT › DIVISION 3 - DAMS AND RESERVOIRS › PART 1 - SUPERVISION OF DAMS AND RESERVOIRS › CHAPTER 4 - Powers of the Department › ARTICLE 2 - Maintenance and Operation › Section 6102.5.

6102.5. (a) The department shall inspect dams, reservoirs, and appurtenant structures to verify their safety in accordance with the following schedule:
(1) A facility that has been determined by the department, pursuant to Section 6160, to have a hazard classification of significant, high, or extremely high, shall be inspected at least once per fiscal year.
(2) A facility that has been determined by the department, pursuant to Section 6160, to have a hazard classification of low shall be inspected at least once every two fiscal years.
(b) The department shall require owners to perform, at the owner’s expense, work as necessary to disclose information sufficient to enable the department to determine conditions of dams, reservoirs, and critical appurtenant structures regarding their safety and to perform, at the owner’s expense, other work necessary to secure maintenance and operation that will safeguard life and property. An inspection pursuant to subdivision (a) shall include, but is not limited to, visual inspection of major features of the dam, including its groins, abutments, and toe areas, the dam’s spillway, and the dam’s outlet works. The inspection shall also evaluate seepage and instrumentation, and include a review of available geological data and existing geological conditions.
(c) An owner of a dam shall operate critical outlet and spillway control features on an annual basis and shall demonstrate their full operability in the presence of the department every three years or as directed by the department.
(d) (1) Except as provided in paragraph (2), dam inspection reports conducted by the Division of Safety of Dams shall be public records subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(2) (A) Notwithstanding paragraph (1), the department, in accordance with applicable law and in consultation with the dam owner and relevant local, state, or federal public safety entities, may withhold from public release sensitive data, images, or other information that discloses a dam’s vulnerability or poses a security threat.
(B) If the department withholds information pursuant to subparagraph (A), the department shall include in the public release a statement of findings that the withheld information would disclose a dam’s vulnerability or pose a security threat, as described in subparagraph (A).
(Amended by Stats. 2021, Ch. 615, Sec. 429. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)