reglab/statecodes huggingface dataset:
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 4 - Revenue Requirement and Just and Reasonable Determination › Section 517 - Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To
				protect ratepayer interests, the record of the determination must demonstrate
				by substantial evidence that the revenue requirement is just and reasonable,
				considering the circumstances existing or projected to exist at the respective
				times of the department's decisions concerning whether to incur the costs
				comprising such revenue requirement, and the factors which under the Act are
				relevant to such determination and such decisions, including but not limited to
				the following:
(1) The development and
				operation of the program as provided in the Act is in all respects for the
				welfare and the benefit of the people of the state, to protect the public
				peace, health, and safety, and constitutes an essential governmental
				purpose;
(2) The department must do
				those things necessary and authorized under chapter 2 of the Act to make power
				available directly or indirectly to electric consumers in California; provided
				that except as otherwise stated, nothing in the Act authorizes the department
				to take ownership of the transmission, generation, or distribution assets of
				any electrical corporation in the State of California;
(3) Upon those terms, limitations, and
				conditions as it prescribes, the department may contract with any person, local
				publicly owned electric utility, or other entity for the purchase of power on
				such terms and for such periods as the department determines and at such prices
				the department deems appropriate taking into account all of the factors listed
				in section
				80100 of the
				Water Code;
(4) The department may
				sell any power acquired by the department pursuant to the Act to retail end use
				customers, and to local publicly owned electric utilities, at not more than the
				department's acquisition costs, including transmission, scheduling, and other
				related costs, plus other costs as provided in section
				80200 of the
				Water Code;
(5) The department
				must, at least annually, and more frequently as required, establish and revise
				revenue requirements sufficient, together with any moneys on deposit in the
				Electric Power Fund, to provide for all of the amounts listed in section
				80134(a)
				of the Water Code, including but not limited to the repayment to the General
				Fund of appropriations made to the Electric Power Fund for purposes of the Act;
				and
(6) Obligations of the
				department authorized by the Act shall be payable solely from the Electric
				Power Fund.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 4.5 - Financial Assistance for Flood Management Projects and Small Flood Management Projects › Section 570 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to Assembly Bill No. 1147 (Statutes of 2000, Chapter
				  1071) these regulations implement Water Code Sections
				  12582.7,
				  12585.7 and
				  12585.9, which
				  became effective on January 1, 2001, by establishing a process for determining
				  the percentage of state financial assistance for flood management projects
				  authorized by the Legislature on or after January 1, 2002 and to small flood
				  management projects authorized by Section
				  12750 for which the Department
				  makes findings required by Section
				  12570.1 on or after January 1,
				  2002.
Pursuant to Assembly Bill No. 1788 (Statutes of 2010, Chapter
				  579) these regulations implement amendments to Water Code Section
				  12585.7 by
				  updating the process for determining the percentage of state financial
				  assistance for flood management projects as it pertains to economically
				  disadvantaged communities.
1. New chapter
				  4.5 (sections
				  570-576) and section filed
				  10-6-2009; operative 11-5-2009 (Register 2009, No. 41).
2. Amendment
				  of section and NOTE filed 7-5-2012; operative 8-4-2012 (Register 2012, No.
				  27).
Note: Authority cited: Sections
					 12585.7,
					 12585.9 and
					 12601, Water
					 Code. Reference: Sections
					 12582.7,
					 12585.7 and
					 12750.1, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 4.5 - Financial Assistance for Flood Management Projects and Small Flood Management Projects › Section 572 - Process to Determine Project Eligibility and State Cost Share

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department or Board shall use the following process to
				  determine Project eligibility for State Cost-Sharing:
(a) As soon as practical, a Sponsor shall
				notify the Department or Board in writing when it intends to participate in a
				federal feasibility study that would result in a request for state cost-sharing
				for a flood damage reduction project. The Department will need to be notified
				for a Project that is in California but not on lands along the Sacramento and
				San Joaquin Rivers and their tributaries and distributaries for which the Board
				had given assurances to the federal government. Otherwise, the Board will need
				to be notified for a Project on lands along the Sacramento and San Joaquin
				Rivers and their tributaries and distributaries for which the Board has
				indicated an intent to give assurances to the federal government or will
				provide financial assistance under Water Code Section
				12582.7.
				Following the notification and throughout the course of the study, contingent
				upon the appropriation of sufficient funds, the Department or Board staff shall
				review the initial scoping process, feasibility evaluation, environmental
				review, and Project approval process to inform the Sponsor when the
				opportunities for including multipurpose Objectives in the project have been
				adequately evaluated. While developing recommendations regarding the State
				Cost-Share, the Department or Board may consult with the Sponsor, any person or
				organization, local agencies, and state agencies with an interest in or
				jurisdiction over any of the objectives of the Project.
(b)
(1)
				During the preparation of the Federal Feasibility Study Report, the Department
				or Board staff shall attend a site inspection tour of the Project arranged by
				the Sponsor. If the Project is past the feasibility phase, then the Sponsor
				shall arrange for this tour as soon as reasonably possible. The Sponsor shall
				invite interested local and state agencies, organizations and persons,
				including the general public, by providing written or other reasonable
				notifications and publication at least ten calendar days before the tour. The
				Sponsor shall give a field and informational tour of the Project and discuss
				opportunities to include multipurpose Objective.
(2) During the feasibility evaluation, the
				Department or Board shall provide the Sponsor with a written preliminary
				determination of eligibility for State participation based on the requirements
				set forth in Water Code Section
				12582.7(a),
				and an estimate of the percent of the State Cost-Share.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 4.5 - Financial Assistance for Flood Management Projects and Small Flood Management Projects › Section 573 - Contents of Draft Nonfederal Cost-Sharing Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Draft Nonfederal Cost-Sharing Report shall contain the
				  following substantiating information taken from the Federal Feasibility Study
				  Report and other supporting documents:
(a) A description of the Project.
(b) The Project's proposed contribution for
				each of the multipurpose Objectives:
(1) For
				the Habitat Objective:
(A) A narrative
				description of the elements of the Project that contribute to the Habitat
				Objective and the types of habitat that are created, protected or enhanced by
				this Project; and
(B) The method of
				calculating the percentage of the estimated Nonfederal Capital Costs that
				contribute to the Habitat Objective.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 4.5 - Financial Assistance for Flood Management Projects and Small Flood Management Projects › Section 576 - Finality of Authorized State Cost-Share; Adjustment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The State Cost-Share authorized by the approving authority
				  will be the final value, except in the circumstances described below.
(a) Adjustments Due to Change of Project or
				Estimate of Nonfederal Capital Cost. If the Department or Board determines that
				there has been a substantial change in the Project, which would materially
				alter the scope or function of a Project, or the estimated Total Project Cost
				has changed by thirty percent or more, the contributions to the Objectives and
				the recommended State Cost-Share must be recalculated using the methods
				described in Sections
				574 and
				575.
(1) If the resulting recommended state cost
				share is different than the previously authorized state cost share, the
				Department or Board will submit the revised information to the approving
				authority as an addendum to the report as required by Water Code Section
				12582.7(b).
				The addendum must include all the items required in Section
				573(b).
(2) If a new State Cost-Share is authorized
				that is less than the previously authorized State Cost-Share, then the new
				State Cost-Share will apply, and the Department or the Board may seek a refund
				of Project reimbursements made or withhold further reimbursements until the
				revised contribution percentage is achieved.
(3) If a new State Cost-Share is authorized
				that is more than the previously authorized State Cost-Share, then the new
				State Cost-Share will apply and the Department or Board shall pay additional
				costs authorized as funds may be available.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 5.1 - Water Conservation Act of 2009 › Article 1 - Industrial Process Water Exclusion in the Calculation of Gross Water Use › Section 596 - Process Water

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  urban retail water supplier that has a substantial percentage of industrial
				  water use in its service area is eligible to exclude the process water use of
				  existing industrial water customers from the calculation of its gross water use
				  to avoid a disproportionate burden on another customer sector.
(b) The Department of Water Resources will
				  review and assess the implementation of this article and may amend its
				  provisions upon considering the recommendations of the Commercial, Industrial
				  and Institutional task force convened pursuant to section
				  10608.43 of the
				  Water Code.
(c) This regulation
				  supplements "Methodologies for Calculating Baseline and Compliance Urban Per
				  Capita Water Use for Consistent Implementation of the Water Conservation Act of
				  2009" February 2011, and the "Provisional Method 4 for Determining Water Use
				  Targets" February 2011, hereby incorporated by reference.
1. New
					 chapter 5.1 (article 1, sections
					 596-596.6), article 1 (sections
					 596-596.6) and section filed
					 12-17-2010 as an emergency; operative 12-17-2010 (Register 2010, No. 51). A
					 Certificate of Compliance must be transmitted to OAL by 6-15-2011 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 12-17-2010 order, including
					 new subsection (c), transmitted to OAL 6-3-2011 and filed 7-8-2011 (Register
					 2011, No. 27).
Note: Authority cited: Section
						10608.20, Water
						Code. Reference: Sections
						10608.20(e),
						10608.24(e)
						and
						10608.43, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 5.1 - Water Conservation Act of 2009 › Article 1 - Industrial Process Water Exclusion in the Calculation of Gross Water Use › Section 596.2 - Criteria for Excluding Industrial Process Water Use from Gross Water Use Calculation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When calculating its gross water use, an urban retail water
					 supplier may elect to exclude up to 100 percent of process water use from its
					 gross water use if any one of the following criteria is met in its service
					 area:
(a) Total industrial water use
				  is equal to or greater than 12 percent of gross water use, or
(b) Total industrial water use is equal to or
				  greater than 15 gallons per capita per day, or
(c) Non-industrial water use is equal to or
				  less than 120 gallons per capita per day if the water supplier has
				  self-certified the sufficiency of its water conservation program with the
				  Department of Water Resources under the provisions of section
				  10631.5 of the
				  Water Code, or
(d) The population
				  as a whole within the supplier's service area meets the criteria for a
				  disadvantaged community.
1. New
					 section filed 12-17-2010 as an emergency; operative 12-17-2010 (Register 2010,
					 No. 51). A Certificate of Compliance must be transmitted to OAL by 6-15-2011 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 12-17-2010 order, including
					 amendment of subsection (d), transmitted to OAL 6-3-2011 and filed 7-8-2011
					 (Register 2011, No. 27).
Note: Authority cited: Section
						10608.20, Water
						Code. Reference: Sections
						10608.20 and
						10608.24, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 5.1 - Water Conservation Act of 2009 › Article 1 - Industrial Process Water Exclusion in the Calculation of Gross Water Use › Section 596.3 - Quantification and Verification of Total Industrial Process and Industrial Incidental Water

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The volumes of water uses in Section
					 596.2 shall be for the same period
					 as urban water suppliers calculate their baseline daily per capita water use
					 and reported in their Urban Water Management Plans.
(a) The volume of process water use shall be
				  verified and separated from incidental water use.
(1) To establish a baseline for determining
				  process water use, urban retail water suppliers shall calculate the process
				  water use over a continuous ten year period ending no earlier than December 31,
				  2004, and no later than December 31, 2010.
(2) Verification of process water volumes can
				  be accomplished by metering, sub-metering or other means determined suitable
				  and verifiable by the urban retail water supplier and reported in their Urban
				  Water Management Plans and reviewed by the Department of Water
				  Resources.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 5.1 - Water Conservation Act of 2009 › Article 1 - Industrial Process Water Exclusion in the Calculation of Gross Water Use › Section 596.4 - Existing Industrial Customers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When implementing this article, urban retail water
					 suppliers shall meet the following provisions:
(a) Any ordinance or resolution adopted by an
				  urban retail water supplier after November 10, 2009 shall not require
				  industrial water customers existing as of November 10, 2009 to undertake
				  changes in product formulation, operations, or equipment that would reduce
				  process water use.
(b) An urban
				  retail water supplier may encourage existing industrial customers to utilize
				  water efficiency technologies, methodologies, or practices through the use of
				  financial and technical assistance.
(c) This section shall not limit an ordinance
				  or resolution adopted pursuant to a declaration of drought emergency by an
				  urban retail water supplier.
1. New
					 section filed 12-17-2010 as an emergency; operative 12-17-2010 (Register 2010,
					 No. 51). A Certificate of Compliance must be transmitted to OAL by 6-15-2011 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 12-17-2010 order transmitted
					 to OAL 6-3-2011 and filed 7-8-2011 (Register 2011, No. 27).
Note: Authority cited: Section
						10608.20, Water
						Code. Reference: Section
						10608.26, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 5.1 - Water Conservation Act of 2009 › Article 1 - Industrial Process Water Exclusion in the Calculation of Gross Water Use › Section 596.5 - New and Retrofitted Industries

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Local agencies and water suppliers shall encourage
					 newly-established and retrofitted industries to adopt industry-specific water
					 conservation practices and technologies where such technologies exist.
1. New
					 section filed 12-17-2010 as an emergency; operative 12-17-2010 (Register 2010,
					 No. 51). A Certificate of Compliance must be transmitted to OAL by 6-15-2011 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 12-17-2010 order transmitted
					 to OAL 6-3-2011 and filed 7-8-2011 (Register 2011, No. 27).
Note: Authority cited: Section
						10608.20, Water
						Code. Reference: Section
						10608.20, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 5.1 - Water Conservation Act of 2009 › Article 2 - Agricultural Water Measurement › Section 597.1 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  agricultural water supplier providing water to 25,000 irrigated acres or more,
				  excluding acres that receive only recycled water, is subject to this
				  article.
(b) A wholesale
				  agricultural water supplier providing water to another agricultural water
				  supplier (the receiving water supplier) for ultimate resale to customers is
				  subject to this article at the location at which control of the water is
				  transferred to the receiving water supplier. However, the wholesale
				  agricultural water supplier is not required to measure the receiving
				  agricultural water supplier's deliveries to its customers.
(c) A water supplier providing water to
				  wildlife refuges or habitat lands where (1) the refuges or habitat lands are
				  under a contractual relationship with the water supplier, and (2) the water
				  supplier meets the irrigated acreage criteria of Water Code §
										10608.12(a),
				  is subject to this article.
(d) An
				  agricultural water supplier providing water to less than 10,000 irrigated
				  acres, excluding acres that receive only recycled water, is not subject to this
				  article.
(e) An agricultural water
				  supplier providing water to 10,000 or more irrigated acres but less than 25,000
				  irrigated acres, excluding acres that receive only recycled water, is not
				  subject to this article unless sufficient funding is provided specifically for
				  that purpose, as stated under Water Code §
										10853.
(f) A canal authority or other entity that
				  conveys or delivers water through facilities owned by a federal agency is not
				  subject to this article.
(g)
				  Pursuant to Water Code §
										10608.8(d),
				  an agricultural water supplier "that is a party to the Quantification
				  Settlement Agreement, as defined in subdivision (a) of Section
				  1 of Chapter 617 of the Statutes
				  of 2002, during the period within which the Quantification Settlement Agreement
				  remains in effect," is not subject to this article.
(h) Pursuant to Water Code §
										10608.12(a),
				  the Department is not subject to this article.
1. New
					 section filed 7-11-2012; operative 7-11-2012 pursuant to Government Code
					 section
					 11343.4
					 (Register 2012, No. 28).
Note: Authority cited: Section
						10608.48, Water
						Code. Reference: Sections
						10608.12(a),
						10608.48(d),
						10608.48(f),
						10828 and
						10853, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 5.1 - Water Conservation Act of 2009 › Article 2 - Agricultural Water Measurement › Section 597.3 - Range of Options for Agricultural Water Measurement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An agricultural water supplier subject to this article
					 shall measure surface water and groundwater that it delivers to its customers
					 pursuant to the accuracy standards in this section. The supplier may choose any
					 applicable single measurement option or combination of options listed in
					 paragraphs (a) or (b) of this section. Measurement device accuracy and
					 operation shall be certified, tested, inspected and/or analyzed as described in
					 §
										597.4 of this article.
(a) Measurement Options at the Delivery Point
				  or Farm-gate of a Single Customer
An agricultural water supplier shall measure water
					 delivered at the delivery point or farm-gate of a single customer using one of
					 the following measurement options. The stated numerical accuracy for each
					 measurement option is for the volume delivered. If a device measures a value
					 other than volume, for example, flow rate, velocity or water elevation, the
					 accuracy certification must incorporate the measurements or calculations
					 required to convert the measured value to volume as described in §
											597.4(e).
(1) An existing measurement device shall be
				  certified to be accurate to within ±12% by volume. and,
(2) A new or replacement measurement device
				  shall be certified to be accurate to within:
(A)
												±5% by volume in the laboratory if
				  using a laboratory certification;
(B)
												±10% by volume in the field if
				  using a non-laboratory certification.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 5.1 - Water Conservation Act of 2009 › Article 2 - Agricultural Water Measurement › Section 597.4 - Accuracy Certification, Records Retention, Device Performance, and Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Initial Certification of Device Accuracy
The accuracy of an existing, new or replacement measurement
					 device or type of device, as required in §
											597.3, shall be initially
					 certified and documented as follows:
(1) For existing measurement devices, the
				  device accuracy required in section
				  597.3(a) shall be
				  initially certified and documented by either:
(A) Field-testing that is completed on a
				  random and statistically representative sample of the existing measurement
				  devices as described in §
												597.4(b)(1) and
				  §
												597.4(b)(2).
				  Field-testing shall be performed by individuals trained in the use of
				  field-testing equipment, and documented in a report approved by an engineer.
Or,
(B)
				  Field-inspections and analysis completed for every existing measurement device
				  as described in §
												597.4(b)(3).
				  Field-inspections and analysis shall be performed by trained individuals in the
				  use of field inspection and analysis, and documented in a report approved by an
				  engineer.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 6 - Encroachments › Article 1 - General Provisions › Section 600 - Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations are promulgated by the Department of
					 Water Resources pursuant to Water Code Section
					 12899.9.
1. New
					 chapter 6 (articles 1-10, sections
					 600-635.0), article 1 (sections
					 600-600.4) and section filed
					 4-22-2015; operative 7-1-2015 (Register 2015, No. 17). For prior history of
					 sections 600-649.6, see Register 79, No.
					 4.
Note: Authority cited: Section
						12899.9, Water
						Code. Reference: Section
						12899.9, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 6 - Encroachments › Article 1 - General Provisions › Section 600.1 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  purpose of these regulations is to interpret, implement and comply with the
				  provisions of Water Code Sections
				  12899 through
				  12899.11,
				  inclusive. These Sections authorize the Department to establish, administer,
				  maintain and enforce a formal permit program for encroachments on the State
				  Water Resources Development System right-of-way; to control and regulate
				  existing and future encroachments, to prevent, remove and abate unauthorized
				  encroachments, activities or use of the Department's right-of-way, and to
				  protect its integrity from damage or injury, while respecting the rights of
				  others. The encroachment permit serves as the primary means for monitoring the
				  orderly and controlled construction, operations and maintenance of
				  encroachments, use and activities within the Department's right-of-way, and
				  assuring the maximum protection of the State Water Resources Development
				  System.
(b) The area of the
				  Department's jurisdiction is the State Water Resources Development System
				  right-of-way, property, property interests, works, facilities and any parts
				  thereof.
(c) These regulations do
				  not apply to the Sacramento and San Joaquin Drainage District or any areas
				  under the jurisdiction of the Central Valley Flood Protection Board, except as
				  they may also be covered by subdivision (b).
(d) These regulations do not apply to any
				  activities of the United States or its agencies if the activities are conducted
				  pursuant to, and consistent with, an agreement with Reclamation for the
				  operation and maintenance of facilities jointly owned by the State and the
				  United States.
1. New
					 section filed 4-22-2015; operative 7-1-2015 (Register 2015, No. 17).
Note: Authority cited: Section
						12899.9, Water
						Code. Reference: Sections
						12899-
						12899.11,
						12931 and
						12934(d),
						Water Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 6 - Encroachments › Article 1 - General Provisions › Section 600.2 - Intent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department built, operates, manages and maintains the State Water Resources
				  Development System and continues to repair, rehabilitate, enlarge and improve
				  it to meet the continually expanding and increasing needs of California
				  residents, businesses, farms and other users. To carry out this critical public
				  infrastructure function, it is vital for the Department to protect the State
				  Water Resources Development System from encroachments, activities and uses that
				  may threaten its integrity, interfere with its operation and maintenance or
				  obstruct, hinder or delay the repair, rehabilitation, relocation, installation,
				  enlargement or improvement of its facilities.
This chapter intends to establish regulations, policies and
					 procedures to protect the State's water supply and conveyance system and
					 ultimately secure the health and safety of the public.
The Department intends to control encroachments, while
					 respecting the rights of others, by establishing a formal encroachment permit
					 program. The Department recognizes that certain unauthorized uses,
					 encroachments or activities exist within its right-of-way that are incompatible
					 with the purposes for which these rights were acquired and may need to be
					 removed or abated. These regulations establish an enforcement process to
					 control, prevent, abate or remove such unauthorized activities, uses and
					 encroachments that threaten the integrity of the system or interfere with the
					 Department's ability to protect its critical infrastructure.
(b) Nothing in this chapter is intended to
				  grant, alter, expand, or limit any title or interest in any department property
				  interest.
(c) Encroachment permits
				  issued pursuant to these regulations shall not grant any title or interest in
				  department property, or create any agency or independent contractor
				  relationship between the Department and any person.
1. New
					 section filed 4-22-2015; operative 7-1-2015 (Register 2015, No. 17).
Note: Authority cited: Section
						12899.9, Water
						Code. Reference: Sections
						12899-
						12899.11,
						12931 and
						12934(d),
						Water Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 6 - Encroachments › Article 1 - General Provisions › Section 600.4 - Delegations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department may delegate any of its power and duties
					 under Sections
					 12899 to
					 12899.11 of the
					 Water Code, excluding approval authority, to any state agency, mutual water
					 company, political subdivision, or other entity or organization with a contract
					 with the Department. The Department may withdraw or revoke this delegation at
					 any time.
1. New
					 section filed 4-22-2015; operative 7-1-2015 (Register 2015, No. 17).
Note: Authority cited: Section
						12899.9, Water
						Code. Reference: Sections
						11625 and
						12899.4, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 6 - Encroachments › Article 2 - Encroachment Permit General Provisions › Section 601 - General Prohibition of Unauthorized Encroachments by Public

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as provided by Section
					 12899.8 of the
					 Water Code, no person shall make any alteration, improvement, encroachment, or
					 excavation within the right-of-way acquired for the State Water Project,
					 without first obtaining the written permission of the Department.
1. New
					 article 2 (sections
					 601-606) and section filed
					 4-22-2015; operative 7-1-2015 (Register 2015, No. 17). For prior history of
					 section, see Register 79, No. 4.
Note: Authority cited: Section
						12899.9, Water
						Code. Reference: Sections
						12899.1(a)
						and
						12899.8, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 6 - Encroachments › Article 2 - Encroachment Permit General Provisions › Section 602 - Requirement of the Public to Submit an Encroachment Permit Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person proposing an encroachment or any person who, as
					 of the effective date of these regulations, has a non-permitted encroachment
					 within the right-of-way acquired for the State Water Project shall submit an
					 application as found in Article 5, Section
					 610.1 of these regulations. This
					 requirement shall not apply to any person that is exempt from permitting under
					 Article 3, section
					 607.1 of these regulations or
					 possesses an encroachment permit for authorized encroachments as provided under
					 Article 3, section
					 607.1 of these regulations.
1. New
					 section filed 4-22-2015; operative 7-1-2015 (Register 2015, No. 17). For prior
					 history, see Register 79, No. 4.
Note: Authority cited: Section
						12899.9, Water
						Code. Reference: Section
						12899.1(b),
						Water Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 6 - Encroachments › Article 2 - Encroachment Permit General Provisions › Section 603 - Department's Authority to Issue an Encroachment Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department may issue a written encroachment permit for
					 any activity that is not inconsistent with the functioning, operation,
					 maintenance, enlargement, and rehabilitation of any portion of the facilities
					 of the State Water Project.
1. New
					 section filed 4-22-2015; operative 7-1-2015 (Register 2015, No. 17). For prior
					 history, see Register 79, No. 4.
Note: Authority cited: Section
						12899.9, Water
						Code. Reference: Section
						12899.1(c),
						Water Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 6 - Encroachments › Article 2 - Encroachment Permit General Provisions › Section 603.5 - Department's Authority to Deny an Encroachment Permit Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department may deny an application if the Department
					 determines that the proposed use may pose a threat to the physical integrity of
					 the State Water Project or could interfere with the Department's rights with
					 regard to access, inspection, repair, or the operation and maintenance of any
					 State Water Project facility. If the Department denies an application for an
					 encroachment permit, it shall provide an explanation in writing for the denial
					 to the applicant.
1. New
					 section filed 4-22-2015; operative 7-1-2015 (Register 2015, No. 17). For prior
					 history, see Register 79, No. 4.
Note: Authority cited: Section
						12899.9, Water
						Code. Reference: Section
						12899.1(b),
						Water Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 6 - Encroachments › Article 2 - Encroachment Permit General Provisions › Section 604 - Department is Not Responsible for Construction of Encroachment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
By issuing a permit the Department is not responsible for
					 the quality, reliability, or feasibility of the permitted activity.
1. New
					 section filed 4-22-2015; operative 7-1-2015 (Register 2015, No. 17). For prior
					 history, see Register 79, No. 4.
Note: Authority cited: Section
						12899.9, Water
						Code. Reference: Section
						12899.1(d),
						Water Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 6 - Encroachments › Article 2 - Encroachment Permit General Provisions › Section 605 - Activities Requiring Encroachment Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following activities require an Encroachment
					 Permit:
(a) The installation of any
				  tower, pole, pipe, fence, building, structure, object, or improvement of any
				  kind or character that is placed in, on, under, or over any portion of the
				  State Water Project or other use of the Department's right-of-way, including
				  the alteration of the ground surface elevation by more than one foot, or the
				  planting of trees, vines, or other vegetation on the Department's right-of-way
				  that may pose a threat to the physical integrity of any facility of the State
				  Water Project or that could interfere with the Department's rights with regard
				  to access, inspection, repair or the operation and maintenance of any State
				  Water Project facility.
(b)
				  Proposed modifications to the existing soil or other cover over State Water
				  Project pipelines.
(c) Temporary or
				  permanent placement of excavated materials within the Department's
				  right-of-way.
(d) Storage and
				  placement of construction equipment and materials within the Department's
				  right-of-way
(e) Causing or
				  allowing water to be drained, from the person's lands onto the State Water
				  Project's right-of-way by any means, which results in damage to the State Water
				  Project system or right-of-way, or interferes with the ability of the
				  Department to conduct operations and maintenance activities in the
				  right-of-way, except where the water naturally drains onto the Department's
				  right-of-way.
(f) Obstruct any
				  natural watercourse in a manner that does any of the following:
(1) Prevents, impedes, or restricts the
				  natural flow of waters onto any portion of the Department's right-of-way into
				  and through the watercourse or State Water Project cross drainage structures,
				  unless the Department determines that the change to the natural watercourse
				  will not result in damage to any portion of the State Water Project or the
				  Department's right-of-way.
(2)
				  Causes waters to be impounded within the Department's right-of-way that damages
				  the State Water Project or the Department's right-of-way, except where the
				  water naturally drains onto the Department's right-of-way.
(3) Damages Department's right-of-way, or
				  impedes or makes hazardous the operation, maintenance, and rehabilitation of
				  the State Water Project right-of-way or facilities.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 6 - Encroachments › Article 2 - Encroachment Permit General Provisions › Section 606 - Encroachment Permits Within FERC Boundaries

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to all requirements of these regulations, all
					 applicants requesting encroachment permits within Department right-of-way that
					 fall within FERC license boundaries shall submit written confirmation of
					 compliance with all FERC requirements.
1. New
					 section filed 4-22-2015; operative 7-1-2015 (Register 2015, No. 17). For prior
					 history, see Register 79, No. 4.
Note: Authority cited: Section
						12899.9, Water
						Code. Reference: Sections
						12899.1(b)
						and
						12899.1(e),
						Water Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 6 - Encroachments › Article 3 - Encroachment Permit Exemption › Section 607.1 - Persons Exempt from Permitting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person owning a legal real property interest over a
					 portion of the State Water Project right of-way for an authorized encroachment,
					 or who has an agreement with the Department for the construction, operation,
					 and maintenance of an authorized encroachment within the State Water Project
					 right-of-way, is not required to obtain an encroachment permit from the
					 Department for exercising their property or other rights. A person asserting an
					 exemption under this section shall submit a copy of the agreement, or
					 documentation of real property interest, to the Department. The Department will
					 determine whether or not the documents support the assertion of an exemption
					 and will respond to the applicant within 30 days of receipt of the
					 documentation.
1. New
					 article 3 (sections
					 607.1-607.3) and section filed
					 4-22-2015; operative 7-1-2015 (Register 2015, No. 17).
Note: Authority cited: Section
						12899.9, Water
						Code. Reference: Section
						12899.8(a),
						Water Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 6 - Encroachments › Article 3 - Encroachment Permit Exemption › Section 607.2 - Other Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A person who, pursuant to authority conferred by lease,
					 contract, agreement, license or easement with the Department, obtains an
					 interest in Department property, or performs an activity within the SWP
					 right-of-way, or is authorized to use the SWP right-of-way, is not required to
					 separately obtain an encroachment permit, but only with regard to the interest,
					 activity, or use under that lease, contract, agreement, license, or
					 easement.
1. New
					 section filed 4-22-2015; operative 7-1-2015 (Register 2015, No. 17).
Note: Authority cited: Section
						12899.9, Water
						Code. Reference: Sections
						12899.8(a)
						and
						12899.8(b),
						Water Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 6 - Encroachments › Article 3 - Encroachment Permit Exemption › Section 607.3 - Plan Submission to Department for Persons Holding an Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A person holding an exemption, pursuant to Sections
					 607.1 and
					 607.2, shall submit their plans to
					 the Department for review and comment before undertaking any work within the
					 Department's right-of-way. The Department shall provide written comments within
					 thirty (30) days after submittal of the plans. The holder of an exemption shall
					 comply with any requirements contained in the Department's written
					 comments.
1. New
					 section filed 4-22-2015; operative 7-1-2015 (Register 2015, No. 17).
Note: Authority cited: Section
						12899.9, Water
						Code. Reference: Section
						12899.8(a),
						Water Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 6 - Encroachments › Article 4 - Existing Encroachments › Section 608.1 - Unauthorized Encroachments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon discovery of an unauthorized use, activity or
					 encroachment, as described in these regulations, an officer, employee or
					 authorized representative of the Department may require the owner to remove the
					 encroachment or abate the activity pursuant to Water Code Section
					 12899.5 and
					 Article 9 of these regulations.
1. New
					 article 4 (sections
					 608.1-608.3) and section filed
					 4-22-2015; operative 7-1-2015 (Register 2015, No. 17).
Note: Authority cited: Section
						12899.9, Water
						Code. Reference: Section
						12899.5(c)-(g),
						Water Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 6 - Encroachments › Article 4 - Existing Encroachments › Section 608.2 - Authorized Encroachments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A person who possesses an encroachment permit for
					 authorized encroachments within the State Water Project right-of-way issued by
					 the Department executed as of January 1, 2007, or a person who has an agreement
					 with the Department, executed as of, or after, January 1, 2007, for the
					 construction, operation, and maintenance of an authorized encroachment, may
					 continue the use of the authorized encroachment permit pursuant to the terms,
					 conditions, and limitations of the existing encroachment permit or
					 agreement.
1. New
					 section filed 4-22-2015; operative 7-1-2015 (Register 2015, No. 17).
Note: Authority cited: Section
						12899.9, Water
						Code. Reference: Sections
						12899.2(b)
						and
						12899.8(b),
						Water Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 6 - Encroachments › Article 4 - Existing Encroachments › Section 608.3 - Department Consent Required for Sale or Transfer of Encroachment Permit Interest. Duty to Notify Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Permittee shall provide written notice to the Department in
					 the event of a sale or transfer of the Permittee's interest in property that is
					 the subject of an Encroachment Permit. The right or interest included in an
					 Encroachment Permit shall not pass by sale, transfer, assignment, or succession
					 without written consent by the Department. Failure to notify the Department of
					 the transfer will terminate the right or interest conferred by the Encroachment
					 Permit, at which time the Department may take action to remove the encroachment
					 as authorized by law and set forth in these Regulations.
1. New
					 section filed 4-22-2015; operative 7-1-2015 (Register 2015, No. 17).
Note: Authority cited: Section
						12899.9, Water
						Code. Reference: Sections
						12899.2(b),
						12899.2(c)
						and
						12899.5(b),
						Water Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 6 - Encroachments › Article 5 - Encroachment Permit Process › Section 610.2 - Temporary Entry or Access

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Temporary access may be permitted by the Department's field division office
				  having jurisdiction over the location of the proposed encroachment for the
				  purpose of visual inspections, aerial and ground surveys, or potholing to
				  locate certain utilities within the Department's right-of-way; the temporary
				  access shall not extend beyond thirty (30) working days from the date of
				  issuance.
(b) Construction
				  activities shall not be permitted under a grant of temporary entry or
				  access.
1. New
					 section filed 4-22-2015; operative 7-1-2015 (Register 2015, No. 17).
Note: Authority cited: Section
						12899.9, Water
						Code. Reference: Sections
						12899.1(c)
						and
						12899.2(b),
						Water Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 6 - Encroachments › Article 5 - Encroachment Permit Process › Section 610.3 - General Provisions of an Encroachment Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department may prescribe requirements in the encroachment permit, including a
				  requirement that the permittee pay the entire cost and expense of restoring the
				  affected State Water Project facilities to a condition equivalent to that
				  before the work was performed, and requirements relating to the location and
				  manner in which the work shall be performed for the protection of the
				  Department's facilities.
(b) The
				  Department may require mitigation for effects of the approved activity on the
				  environment, separate and apart from any other requirements under State or
				  Federal environmental laws.
(c) The
				  Department may require a reporting and monitoring program for any mitigation
				  required by the Department to avoid significant impacts on the
				  environment.
(d) All of the work
				  performed under an encroachment permit shall be in accordance with the plans,
				  and specifications reviewed and approved by the Department.
(e) The Department may require the owner of
				  an encroachment, or the owner of the real property upon which the encroachment
				  is located, to execute and cause to be recorded a document which imposes a
				  covenant, restriction, servitude or combination thereof, which runs with the
				  land and binds all owners, heirs, successors, lessees, agents, and assigns, and
				  would be enforceable by the Department or its successor. The Department may
				  also require the applicant to post a performance and payment bond payable to
				  the Department. These requirements may be imposed where the Department has a
				  reasonable belief that:
(1) a particular
				  applicant may fail to comply with the terms or conditions of an encroachment
				  permit, such as where there may have been previous encroachment permit
				  violations by the applicant, or
(2)
				  where record notice to successors-in-interest to the applicant or landowner is
				  deemed appropriate.