reglab/statecodes huggingface dataset:
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 2 - Administrative Provisions › ARTICLE 1 - The Board › Section 8577.

8577. (a) A board member shall not participate in any board action or attempt to influence any decision or recommendation by any employee of, or consultant to, the board that involves himself or herself or that involves any entity with which the member is connected as a director, officer, consultant, or full- or part-time employee, or in which the member has a direct personal financial interest within the meaning of Section 87100 of the Government Code.
(b) A board member shall not participate in any proceeding before any agency as a consultant or in any other capacity on behalf of any person that actively participates in matters before the board.
(c) For a period of 12 months after leaving office, a former board member shall not act as agent or attorney for, or otherwise represent, any other person before the board by making any formal or informal appearance or by making any oral or written communication to the board.
(d) A board member shall not advocate to the United States Army Corps of Engineers or other federal agency on behalf of any project that has been or is reasonably anticipated to be submitted to the board for review, unless the board authorizes that action in accordance with Section 8560.
(Added by Stats. 2007, Ch. 366, Sec. 16. Effective January 1, 2008.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 2 - Administrative Provisions › ARTICLE 1 - The Board › Section 8578.

8578. (a) For the purposes of this section, “ex parte communication” means any oral or written communication outside of a noticed board meeting concerning matters, other than purely procedural matters, regarding any of the following:
(1) An application that has been submitted to the board and has been determined to be complete by the executive officer.
(2) An enforcement action.
(3) Any other quasi-judicial matter requiring board action, after the matter has been placed on the board’s agenda and notice of the meeting has been provided pursuant to Section 11125 of the Government Code.
(b) (1) A board member appointed pursuant to subdivision (b) of Section 8551 shall not participate in an ex parte communication with any person or organization with an interest in board decisions, nor any person representing a person or organization with an interest in board decisions, excluding a staff member of the board acting in his or her official capacity, who intends to influence the decision of a board member on a matter before the board.
(2) If an ex parte communication occurs, the board member shall notify the interested party that a full disclosure of the ex parte communication shall be entered in the board’s record.
(3) Communications cease to be ex parte communications when the board member or the person who engaged in the communication with the board member fully discloses the communication and requests in writing that it be placed in the board’s official record of the proceeding.
(c) Notwithstanding Section 11425.10 of the Government Code, the ex parte communications provisions of the Administrative Procedure Act (Article 7 (commencing with Section 11430.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) do not apply to proceedings of the board to which this section applies.
(Amended (as added by Stats. 2007, Ch. 366) by Stats. 2009, Ch. 275, Sec. 14. (AB 1165) Effective January 1, 2010.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 2 - Administrative Provisions › ARTICLE 1 - The Board › Section 8579.

8579. (a) Any aggrieved person shall have a right to seek judicial review of any permit or enforcement order issued by the board by filing a petition for a writ of mandate in accordance with Section 1094.5 of the Code of Civil Procedure, within 30 days after the decision or action has become final.
(b) For purposes of this section, an “aggrieved person” means any person or public agency that, in person or through a representative, appeared at a public hearing of the board in connection with the decision or action appealed, or that, by other appropriate means before the decision, informed the board of the nature of their concerns.
(Added by Stats. 2013, Ch. 639, Sec. 1. (SB 753) Effective January 1, 2014.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 2 - Administrative Provisions › ARTICLE 2 - Employees › Section 8580.

8580. (a) The board may appoint an executive officer.
(b) The board may appoint a chief engineer.
(c) The board may employ legal counsel and other necessary staff.
(Repealed and added by Stats. 2007, Ch. 366, Sec. 19. Effective January 1, 2008.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 2 - Administrative Provisions › ARTICLE 3 - Administration of Oaths › Section 8585.

8585. The president, any member of the board, the secretary, assistant secretary, general manager and chief engineer may administer oaths and take and certify affidavits relating to any matter pending before the board, or in which the board or the drainage district is interested.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 1 - General Powers › Section 8590.

8590. To carry out the primary state interest described in Section 8532, the board may do any of the following:
(a) Acquire either within or outside the boundaries of the drainage district, by purchase, condemnation or by other lawful means in the name of the drainage district, all lands, rights-of-way, easements, property or material necessary or requisite for the purpose of bypasses, weirs, cuts, canals, sumps, levees, overflow channels and basins, reservoirs and other flood control works, and other necessary purposes, including drainage purposes.
(b) Construct, clear, and maintain bypasses, levees, canals, sumps, overflow channels and basins, reservoirs and other flood control works.
(c) Construct, maintain, and operate ditches, canals, pumping plants, and other drainage works.
(d) Make contracts in the name of the drainage district to indemnify or compensate any owner of land or other property for any injury or damage caused by the exercise of the powers conferred by this division, or arising out of the use, taking, or damage of any property for any of the purposes of this division.
(e) Collaborate with state and federal agencies, if appropriate, regarding multiobjective flood management strategies that incorporate agricultural conservation, ecosystem protection and restoration, or recreational components.
(Amended by Stats. 2007, Ch. 366, Sec. 20. Effective January 1, 2008.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 1 - General Powers › Section 8590.2.

8590.2. In acquiring interests in land necessary for the purposes specified in Section 8590 and notwithstanding the provisions of Section 8676, the board in determining whether to acquire in fee or easement may consider such additional uses as fish and wildlife enhancement and recreation if so requested by another state agency. Any such parcel acquired in fee shall be subject to the continuing jurisdiction of the board to insure that the primary purposes of flood control are served and to prevent any damage or interference with the flood control works for any public nuisances arising out of such additional uses and any increased costs of maintenance attributable to such additional uses shall be borne by the agency requesting such uses.
Nothing in this section shall be construed as authorizing the board to acquire any land over and above that necessary for the purposes specified in Section 8590.
(Added by Stats. 1963, Ch. 1900.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 1 - General Powers › Section 8591.

8591. The board has no power, authority, or jurisdiction, either directly or indirectly, except as provided in this division, to incur any indebtedness or expend any money or adopt or carry into effect any plan or project or to acquire any lands, rights of way, or easements, or to do any work, or cause any work to be performed, for which any land lying within the drainage district is to be assessed, except to maintain, repair, and operate its existing works of reclamation and flood control and to complete, maintain and operate any project adopted by the board prior to April 1, 1923, with the existing powers to levy assessments therefor.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 1 - General Powers › Section 8592.

8592. The board has the same power, authority and jurisdiction in reference to the adoption and carrying to completion of any work or project involved in or contained in the report of the California Debris Commission dated January 5, 1925, to the Congress of the United States as are conferred in the case of projects adopted by the board prior to April 1, 1923.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 1 - General Powers › Section 8593.

8593. The board may acquire by eminent domain in the name of the drainage district any property necessary for any of the purposes set forth in this part.
(Amended by Stats. 1975, Ch. 1239.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 1 - General Powers › Section 8596.

8596. The board may maintain actions in the name of the people of the State to restrain, or to recover damages for, the doing of any act or thing that may be injurious to any of the works necessary to the plan of flood control or that may interfere with the successful execution of the plan.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 1 - General Powers › Section 8597.

8597. Any damages so recovered shall be deposited with the State Treasurer to the credit of the drainage district and the assessment for the particular portion or project affected by the injury.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 1 - General Powers › Section 8598.

8598. The board may also do any of the following:
(a) Establish a standard of levee construction.
(b) Do any and all things necessary or incident to the powers granted or to carry out the objects specified in this article.
(c) Maintain actions in the name of the people of the State to restrain the diversion of the water of any stream that will increase the flow of water in the Sacramento or San Joaquin Rivers or their tributaries, and such diversion of the water of any stream into the rivers or either of them or any of their tributaries, is a public nuisance which may be prevented or abated by the board.
(d) Rent, lease for oil, gas or other hydrocarbons in the manner provided for in this chapter, or dispose, by sale, exchange, in payment for work done or services rendered, or for any other purpose which the board may deem advisable, of any land, property, material, equipment, or any other thing in the possession of the drainage district, which, in the opinion of the board, is no longer needed for the purposes of flood control works or other necessary or convenient purposes.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 1 - General Powers › Section 8598.5.

8598.5. Notwithstanding Section 6402 of the Public Resources Code, the board may sell or lease surplus real property which is held in fee by the Sacramento and San Joaquin Drainage District and which lies within a predominantly residential, industrial, or commercial area, without reserving the right to extract minerals or petroleum products through the surface of such property.
(Added by Stats. 1963, Ch. 502.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 1 - General Powers › Section 8599.

8599. The board may undertake any construction work that it is authorized to do by this part, free from any control or jurisdiction of the department.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 1 - General Powers › Section 8600.

8600. Subject to the provisions of the State Contract Act any construction work undertaken by the board may be done wholly or partly by contract let by the board in such manner as the board may determine, or may be done wholly or partly by day labor or force account if deemed advisable by the board.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 1 - General Powers › Section 8600.5.

8600.5. (a) The governing body of a public entity that is authorized by law to construct, manage, maintain, or repair levees, channels, or other flood control works that are under the jurisdiction of the board may adopt standards for the operation and maintenance of those flood control works that are more protective of public safety than the standards adopted by the board pursuant to Section 8608, including, but not limited to, standards that are more restrictive of encroachments on levees and adjacent areas.
(b) The standards adopted pursuant to subdivision (a) shall be effective upon approval by the board.
(c) The public entity shall apply the standards adopted pursuant to subdivision (a) prospectively.
(d) The governing body of the public entity may revise the standards adopted pursuant to subdivision (a) subject to the approval of the board. The board may unilaterally revise these standards upon 90 days’ written notice to the public entity.
(Added by Stats. 2004, Ch. 498, Sec. 1. Effective January 1, 2005.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 1 - General Powers › Section 8601.

8601. The board may construct, purchase, rent, sell or exchange dredgers, machines, appliances, tools, apparatus and other property necessary or convenient for doing any construction work.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 1 - General Powers › Section 8602.

8602. The cost of the equipment and property shall be apportioned to and paid from the funds raised from the several assessments levied or to be levied by the board in a just and equitable manner according to the use made of the equipment or property in carrying out the several separate portions or projects for which the assessments are levied.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 1 - General Powers › Section 8603.

8603. The board may rent for use by others idle dredgers or other equipment.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 1 - General Powers › Section 8604.

8604. The rental received shall be paid to the State Treasurer and credited to the balance remaining unexpended of the assessments against which the cost of such equipment has been paid or is to be charged as indicated by the board.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 1 - General Powers › Section 8605.

8605. The board may inspect and supervise any work done or under construction pursuant to the provisions of this part.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 1 - General Powers › Section 8606.

8606. The board may insert a stipulation providing for such inspection and supervision in any order, contract or other instrument, relating to the work authorized in this part.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 1 - General Powers › Section 8608.

8608. The board shall establish and enforce standards for the maintenance and operation of levees, channels, and other flood control works of an authorized project or an adopted plan, including but not limited to standards for encroachment, construction, vegetation and erosion control measures. In adopting such standards, the board shall give full consideration to fish and wildlife, recreation and environmental factors. Any violation of such adopted standards without the permission of the board is a public nuisance, and the board may commence and maintain suit in the name of the people of the state for the prevention or abatement of the nuisance.
(Added by Stats. 1970, Ch. 804.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 1 - General Powers › Section 8609.

8609. (a) The board may designate floodways throughout the Sacramento and San Joaquin Rivers drainage to control encroachments in, and to preserve the flow regimens of, floodways for the purpose of protecting public improvements, lives, land use values, and improvements created in reliance upon historical flooding patterns.
(b) As used in this part, “Sacramento and San Joaquin Rivers drainage,” or equivalent language, means all lands currently and historically drained by the Sacramento River and the San Joaquin River and their tributaries and distributaries.
(c) This section is declaratory of existing law.
(Amended by Stats. 1987, Ch. 56, Sec. 177.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 1 - General Powers › Section 8610.

8610. The board shall offer to lease to the Department of Fish and Game, or to an appropriate public resource protection or public conservation agency or organization approved by the Department of Fish and Game and the board, any lands it acquires as replacement habitat as mitigation for adverse environmental impacts of its projects. The lease agreement shall ensure that these lands are managed to provide the mitigation for which they were acquired and shall include, but not be limited to, provisions for funding management of those lands. Funds for management of those lands may include, but are not limited to, funds appropriated by the Legislature to the Department of Water Resources, the Reclamation Board, or the Department of Fish and Game, and funds available from local entities. The lease agreement shall reserve the authority of the board to carry out necessary flood control activities and mitigate adverse environmental impacts.
(Amended by Stats. 2001, Ch. 745, Sec. 230.1. Effective October 12, 2001.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 1 - General Powers › Section 8610.5.

8610.5. (a) (1) The board shall adopt regulations relating to evidentiary hearings pursuant to Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code.
(2) The board shall hold an evidentiary hearing for any matter that requires the issuance of a permit if the proposed work may significantly affect any element of the State Plan of Flood Control or if a formal protest against that permit has been lodged.
(3) The board may, by regulation, define types of encroachments that will not significantly affect any element of the State Plan of Flood Control. Evidentiary hearings are not required for uncontested applications for those defined encroachments unless, in the judgment of the executive officer, there is a reasonable possibility that the project will have a significant effect on an adopted plan of flood control.
(4) The board may delegate approval of permits for encroachments that will not significantly affect any element of the State Plan of Flood Control to the executive officer.
(5) The board is not required to hold an evidentiary hearing before making a decision relating to general flood protection policy or planning.
(b) The board may take an action pursuant to Section 8560 only after allowing for public comment.
(c) The board shall, in any evidentiary hearing, consider all of the following, as applicable, for the purpose of taking any action pursuant to Section 8560:
(1) Evidence that the board admits into its record from any party, state or local public agency, or nongovernmental organization with expertise in flood or flood plain management.
(2) The best available science that relates to the scientific issues presented by the executive officer, legal counsel, the department, or other parties that raise credible scientific issues.
(3) Effects of the proposed decision on the entire State Plan of Flood Control.
(4) Effects of reasonably projected future events, including, but not limited to, changes in hydrology, climate, and development within the applicable watershed.
(Amended by Stats. 2009, Ch. 275, Sec. 15. (AB 1165) Effective January 1, 2010.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 1 - General Powers › Section 8611.

8611. (a) Except as provided in subdivision (b), prior to construction at a site of a flood control, channel clearance, or bank stabilization project, the board, in consultation with the Department of Fish and Game, shall prepare and adopt a mitigation plan which shall be implemented as part of the project. A mitigation plan shall include, but not be limited to, all of the following:
(1) A description of the actions that the board proposes to take to ensure that the project will meet all mitigation standards required by law with the objective of ensuring that the project causes no net loss of riparian, fishery, or wildlife habitat.
(2) A designation of the agency or agencies responsible for implementing and maintaining each mitigation element of the plan.
(3) A schedule for implementation of the mitigation ensuring that the mitigation measures will be accomplished prior to, or concurrent with, construction of the project, unless the board determines that to do so would be impracticable.
(4) A financing plan for the mitigation identifying the source or sources of funds for the mitigation, the share of mitigation costs attributable to each source, and a schedule of when the funds are to be provided.
The plan may take into consideration the environmental benefits of restoring, maintaining, or increasing the sustainable diversity of native species and habitat which may result from the project, if these benefits have been approved by the Department of Fish and Game. The Department of Fish and Game may submit a review of the plan and its recommendations to the board for inclusion in the plan.
(b) No mitigation plan is required when the board is responding to an emergency where no mitigation is required.
(c) For any project authorized pursuant to Section 12668, the agreement set forth in subdivision (a) shall provide for the mitigation of the project with the objective of providing a net long-term enhancement of the riparian habitat and fishery in the project area. The degree of net enhancement required for each phase or part of the project shall not be so great as to cause the project to be infeasible.
(Added by Stats. 1988, Ch. 1488, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 1 - General Powers › Section 8612.

8612. (a) On or before December 31, 2008, the department shall prepare, and the board shall adopt, a schedule for mapping areas at risk of flooding in the Sacramento River and San Joaquin River drainage.
(b) The department shall update the schedule annually and shall present the updated schedule to the board for adoption on or before December 31 of each year. The update shall include the status of mapping in progress and an estimated time of completion. The schedule shall be based on the present and expected future risk of flooding and associated consequences.
(Added by Stats. 2007, Ch. 368, Sec. 5. Effective January 1, 2008.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 1 - General Powers › Section 8613.

8613. (a) The board or the department may establish a program of mitigation banking for the activities of the board or the department under this part and for the benefit of local districts in the discharge of their flood control responsibilities under this part and the State Water Resources Law of 1945 (Chapter 1 (commencing with Section 12570) and Chapter 2 (commencing with Section 12639) of Part 6 of Division 6).
(b) For the purposes of carrying out subdivision (a), the board or the department, in consultation with all appropriate state, local, and federal agencies with jurisdiction over environmental protection that are authorized to regulate and impose requirements upon the flood control work performed under this part or the State Water Resources Law of 1945 (Chapter 1 (commencing with Section 12570) and Chapter 2 (commencing with Section 12639) of Part 6 of Division 6), may establish a system of mitigation banking by which mitigation credits may be acquired in advance for flood control work to be performed by the board, the department, or a local agency authorized to operate and maintain facilities of the State Plan of Flood Control.
(Added by Stats. 2007, Ch. 368, Sec. 6. Effective January 1, 2008.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 2 - Cooperation With the United States › Section 8615.

8615. The board may, in cooperation with the United States, adopt and carry out any plan or plans or project of flood control in the Sacramento or San Joaquin River Valleys or on or near the Sacramento River or the San Joaquin River or their tributaries and may exercise jurisdiction and authority in connection with such plans or projects inside or outside the drainage district.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 2 - Cooperation With the United States › Section 8616.

8616. It is the intent of this article to enlarge and extend the power, jurisdiction and authority of the board outside the drainage district to the extent set forth but not in any degree to limit, restrict or abridge any of the powers, jurisdiction or authority of the board.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 2 - Cooperation With the United States › Section 8617.

8617. The board may give assurances satisfactory to the Secretary of Defense of the United States that the state will do all of the following:
(a) Provide, without cost to the United States, all lands, easements, and rights-of-way necessary for the construction of the project under the adopted flood control plan, except as otherwise provided in that certain act passed by the Congress of the United States, approved June 22, 1936, and entitled “An act authorizing the construction of certain public works on rivers and harbors for flood control and other purposes” (Public Law No. 738, Seventy-fourth Congress).
(b) Hold and save the United States free from damage due to the construction works.
(c) Maintain and operate all the works after completion in accordance with regulations prescribed by the Secretary of Defense.
(d) Promise, agree, do, or perform any or all other things required or necessary under the provisions of the act of Congress approved June 22, 1936, or any acts amending or adding to that act, now or hereafter adopted.
(Amended by Stats. 1981, Ch. 714, Sec. 450.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 2 - Cooperation With the United States › Section 8617.1.

8617.1. Notwithstanding any of the provisions of Chapters 1 and 3 (commencing with Sections 12570 and 12800, respectively) of Part 6 of Division 6, the board may take any action and expend any available funds for the purpose of co-operating with the United States in carrying out the project for flood protection on the Sacramento River, as provided for and required under the provision of the act of Congress. Public Law 86-645, 86th Congress, approved July 14, 1960. Any reallocation of funds by the department for purposes described in this section shall be subject to the provisions of Section 12828. Prior to any appropriation of funds for the purposes described in this section, the board shall investigate and report to the Governor and Legislature on methods of feasible recovery from the beneficiaries of the work to be accomplished of that portion of the total nonfederal contribution in excess of costs of lands, easements, and rights-of-way and the liabilities which may be incurred due to the construction, operation, and maintenance of the project.
(Added by Stats. 1961, Ch. 2188.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 2 - Cooperation With the United States › Section 8617.5.

8617.5. (a) In connection with any work done on projects authorized by the board in the repair or reconstruction of levees or other flood control works completed before June 30, 1957, the board may provide for and pay the cost of the relocation, reconstruction, or replacement of improvements, structures, or utilities that have actually existed and been in use for over 20 years, which has been rendered necessary by the work, unless payment would be contrary to any written authorization or agreement under which the improvement, structure, or utility was constructed or maintained.
(b) This section shall not apply to the relocation, reconstruction, or replacement of improvements, structures, or utilities if the work has been financed, in whole or in part, with funds under the Flood Relief Law of 1956 (former Article 6 (commencing with Section 54150) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code) or Public Law 81-875.
(Amended by Stats. 2006, Ch. 538, Sec. 670. Effective January 1, 2007.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 2 - Cooperation With the United States › Section 8618.

8618. All political subdivisions, agencies of the State, and municipal and quasi-municipal corporations may make agreements with the board obligating themselves to do or perform those things which are required of the State, political subdivisions thereof, or other local agencies by the act of Congress approved June 22, 1936, or any acts amending or adding to it, now or hereafter adopted.
When an elimination, modification, or alteration of any authorized plan of flood control is made at the request of a political subdivision, agency of the State, or municipal or quasi-municipal corporation, the political subdivision, agency of the State, or municipal or quasi-municipal corporation may, in agreements made pursuant to this section, assume responsibility for all claims of damage or liability made against the State and its agencies or the United States and arising from the requested elimination, modification, or alteration of the authorized plan of flood control.
(Amended by Stats. 1961, Ch. 642.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 2 - Cooperation With the United States › Section 8619.

8619. In case any land, right of way, or easement is needed and is required to be provided free of cost to the State or the United States for any work of channel excavation, enlargement, rectification or control, or for the construction of any weir, which is a part of the plan and is to be done or constructed in whole or in part by the United States or by the State, the board may:
(a) Acquire the land, right of way, or easement and cause it to be conveyed to the United States or to the State free of cost.
(b) Cause the land, right of way, or easement to be condemned for the use and in the name of the United States or the State in the manner provided by the laws of this State or of the United States.
(c) Pay the cost and expense of acquiring the land, right of way, or easement out of the funds of any assessment by the board applicable thereto.
(d) If the land, right of way, or easement has been already acquired by the board in the name of the drainage district, the board may cause it to be conveyed by the district to the United States or to the State free of cost.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 2 - Cooperation With the United States › Section 8620.

8620. Whenever any work to be done by the board of the drainage district under any of the provisions of this part is such that it can be so done in connection with work of public improvement of rivers and harbors authorized by the United States as to bring it within the provisions of Section 4 of the United States River and Harbor Act, approved March 4, 1915, authorizing the receipt by the United States agencies of funds to be contributed for expenditures in connection with funds appropriated by the United States for such work, the funds under the control of the board and available for such work may be contributed by the board to the United States under the provisions of the act in order that the work may be done in the manner contemplated in the act.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 2 - Cooperation With the United States › Section 8621.

8621. Notwithstanding any of the provisions of Chapters 1 and 3 of Part 6 of Division 6, the board, with the approval of the Department of Finance, may, when a saving to the State will result, in lieu of acquiring all or any portion of the lands, easements, or rights of way, in connection with a flood control project, execute a substitute plan which includes provision for the State to construct works or contribute to the United States a portion of the construction cost of the flood control project when such works to be constructed by the board or the changes in the design of the project are made which, while resulting in new or added state expenditures for construction, will reduce the costs of the lands, easements or rights of way which otherwise might be required. Any funds heretofore or hereafter appropriated or allocated to the board for the acquisition of lands, easements, or rights of way may be used for the purposes specified in this section.
In carrying out the provisions of this section, the board may negotiate with the United States and adopt on behalf of the State, any necessary revision of a project authorized by Chapter 2 of Part 6 of Division 6, but no money shall be expended pursuant to this section to meet the requirements of the United States for local cooperation in connection with such authorized project unless the United States agrees to accept the substitute plan as meeting the requirements for local cooperation.
(Amended by Stats. 1955, Ch. 1048.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 2 - Cooperation With the United States › Section 8622.

8622. Notwithstanding any of the provisions of Chapters 1 and 3 (commencing with Sections 12570 and 12800 respectively) of Part 6 of Division 6, the board may undertake immediate construction or reconstruction of a portion of a project at state expense, if the board determines that it is urgent to immediately construct or reconstruct a portion of an authorized flood control project because of damages resulting from the 1955–56 floods. Any funds heretofore or hereafter appropriated or allocated to the board for the acquisition of lands, easements, and rights of way may be used for the purposes specified in this section.
(Added by Stats. 1956, 1st Ex. Sess., Ch. 48.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 2 - Cooperation With the United States › Section 8623.

8623. Notwithstanding any of the provisions of Chapter 1 (commencing with Section 12570) and Chapter 3 (commencing with Section 12800) of Part 6 of Division 6, the board may plan, design, and construct flood relief structures or weirs and other structures or facilities essential for their proper functioning in the vicinity of the Sacramento River between Big Chico Creek and the north boundary of Glenn County Levee District No. 3, as needed to assure proper division of flood flows between the river and adjacent overflow areas and to preserve the integrity of the Sacramento River Flood Control Project. No revetment of the river bank may be installed pursuant to this section except to the extent necessary to assure the proper division of flood flows as described in this section. If any revetment is required under this section, it shall be accomplished by the palisades method, unless the department finds that method is not feasible.
(Added by Stats. 1987, Ch. 1090, Sec. 2. Effective September 24, 1987.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 3 - Levees › Section 8630.

8630. As used in this article the term “levee” means any levee within the Sacramento and San Joaquin Drainage District.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 3 - Levees › Section 8631.

8631. The board may promote the construction, completion, maintenance and repair of levees along all rivers, streams, overflow channels, basins and by-passes where, in the opinion of the board, the levees are insufficient or necessary for the purpose of the plans for flood control to be carried out by the board under this part.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 3 - Levees › Section 8632.

8632. Whenever any levee is in the opinion of the board insufficient or necessary for flood control, the board shall publish notice to that effect.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 3 - Levees › Section 8633.

8633. The published notice shall state that the levee is insufficient or necessary, that it is the intention of the board to construct, repair or complete the levee and pay the cost out of an assessment levied or to be levied and assessed upon the lands within the drainage district directly or indirectly benefited by the levee.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 3 - Levees › Section 8634.

8634. The notice shall be signed in the name of the board by its president and secretary and shall be published once a week for three weeks in some newspaper published in the county wherein the levee or the greater part of it is situated or is to be constructed.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 3 - Levees › Section 8635.

8635. The giving of the notice by publication shall be complete on the twenty-first day after the first publication.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 3 - Levees › Section 8636.

8636. Any landowner, reclamation district, drainage district, levee district, municipal corporation or other organization or association authorized by law to construct, repair or complete a levee shall have 30 days after completion of the giving of notice by publication within which to apply to the board for leave to construct, repair or complete the levee.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 3 - Levees › Section 8637.

8637. The application shall be in writing and signed by the applicants or their respective executors, administrators, guardians, trustees or duly constituted and authorized officers.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 3 - Levees › Section 8638.

8638. The application shall be filed in the office of the board.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 3 - Levees › Section 8639.

8639. When an application is filed within the required 30 days, the applicants shall have 60 days after filing the application, or any further time that the board allows, within which to do the following:
(a) Present to the board plans and specifications.
(b) Obtain the board’s approval of plans and specifications.
(c) Commence the work of repair, construction or completion.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 3 - Levees › Section 8640.

8640. The application for leave to construct, repair or complete a levee shall designate the name and post-office address of at least one and not more than three of the applicants as the person or persons to whom any notice or communication may be addressed by the board in the matter of the application.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 3 - Levees › Section 8641.

8641. In case there are two or more applications filed in the office of the board within the required 30 days the board may determine which of such applications shall be recognized and may reject the others.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 3 - Levees › Section 8642.

8642. Any levee constructed or work done by the applicants, pursuant to notice from the board and according to plans and specifications approved by the board, shall be considered as constructed or done with the permission of the board within the meaning of Article 1 of Chapter 8 of this part.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 3 - Levees › Section 8643.

8643. If the application is not filed in the office of the board within 30 days after completion of the giving of notice by publication, or if the applicants fail to present to the board and obtain its approval of the plans and specifications and to commence the work within 60 days after filing the application or any further time the board may allow, or fail to complete the work with reasonable diligence, the board may proceed with the construction, repair or completion of the work, and pay the cost by assessment upon the lands within the drainage district directly or indirectly benefited by the levee according to the benefits, as provided for in this part.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 3 - Levees › Section 8644.

8644. The assessment may be either an assessment specially levied and assessed for that purpose, or any assessment levied and assessed by the board and applicable to the payment of such work.
(Added by Stats. 1943, Ch. 369.)
2023 California Code › Water Code - WAT › DIVISION 5 - FLOOD CONTROL › PART 4 - THE CENTRAL VALLEY FLOOD PROTECTION BOARD › CHAPTER 3 - Powers, Duties and Jurisdiction › ARTICLE 3 - Levees › Section 8645.

8645. Notwithstanding anything in this article the board may determine a case of emergency exists requiring immediate action to preserve life or property or to protect or preserve the safety of any levee along any river, stream, overflow channel, basin or by-pass.
(Added by Stats. 1943, Ch. 369.)