reglab/statecodes huggingface dataset:
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 2 - Groundwater Sustainability Plans › Article 5 - Plan Contents › Subarticle 4 - Monitoring Networks › Section 354.34 - Monitoring Network

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Each Agency shall develop a monitoring network capable of collecting sufficient
						data to demonstrate short-term, seasonal, and long-term trends in groundwater
						and related surface conditions, and yield representative information about
						groundwater conditions as necessary to evaluate Plan implementation.
(b) Each Plan shall include a description of
						the monitoring network objectives for the basin, including an explanation of
						how the network will be developed and implemented to monitor groundwater and
						related surface conditions, and the interconnection of surface water and
						groundwater, with sufficient temporal frequency and spatial density to evaluate
						the affects and effectiveness of Plan implementation. The monitoring network
						objectives shall be implemented to accomplish the following:
(1) Demonstrate progress toward achieving
						measurable objectives described in the Plan.
(2) Monitor impacts to the beneficial uses or
						users of groundwater.
(3) Monitor
						changes in groundwater conditions relative to measurable objectives and minimum
						thresholds.
(4) Quantify annual
						changes in water budget components.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 2 - Groundwater Sustainability Plans › Article 5 - Plan Contents › Subarticle 4 - Monitoring Networks › Section 354.36 - Representative Monitoring

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each Agency may designate a subset of monitoring sites
						  as representative of conditions in the basin or an area of the basin, as
						  follows:
(a) Representative monitoring
						sites may be designated by the Agency as the point at which sustainability
						indicators are monitored, and for which quantitative values for minimum
						thresholds, measurable objectives, and interim milestones are
						defined.
(b) Groundwater elevations
						may be used as a proxy for monitoring other sustainability indicators if the
						Agency demonstrates the following:
(1)
						Significant correlation exists between groundwater elevations and the
						sustainability indicators for which groundwater elevation measurements serve as
						a proxy.
(2) Measurable objectives
						established for groundwater elevation shall include a reasonable margin of
						operational flexibility taking into consideration the basin setting to avoid
						undesirable results for the sustainability indicators for which groundwater
						elevation measurements serve as a proxy.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 2 - Groundwater Sustainability Plans › Article 5 - Plan Contents › Subarticle 4 - Monitoring Networks › Section 354.38 - Assessment and Improvement of Monitoring Network

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Each Agency shall review the monitoring network and include an evaluation in
						the Plan and each five-year assessment, including a determination of
						uncertainty and whether there are data gaps that could affect the ability of
						the Plan to achieve the sustainability goal for the basin.
(b) Each Agency shall identify data gaps
						wherever the basin does not contain a sufficient number of monitoring sites,
						does not monitor sites at a sufficient frequency, or utilizes monitoring sites
						that are unreliable, including those that do not satisfy minimum standards of
						the monitoring network adopted by the Agency.
(c) If the monitoring network contains data
						gaps, the Plan shall include a description of the following:
(1) The location and reason for data gaps in
						the monitoring network.
(2) Local
						issues and circumstances that limit or prevent monitoring.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 2 - Groundwater Sustainability Plans › Article 5 - Plan Contents › Subarticle 4 - Monitoring Networks › Section 354.40 - Reporting Monitoring Data to the Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Monitoring data shall be stored in the data management
						  system developed pursuant to Section
						  352.6. A copy of the monitoring
						  data shall be included in the Annual Report and submitted electronically on
						  forms provided by the Department.
1. New
						  section filed 8-15-2016 as an emergency exempt from review by OAL pursuant to
						  Water Code section
						  10733.2(d);
						  operative 8-15-2016. Pursuant to Water Code section
						  10733.2(d),
						  these regulations shall remain in effect until revised by the Department of
						  Water Resources (Register 2016, No. 34).
Note: Authority cited: Section
							 10733.2, Water
							 Code. Reference: Sections
							 10728,
							 10728.2,
							 10733.2 and
							 10733.8, Water
							 Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 2 - Groundwater Sustainability Plans › Article 5 - Plan Contents › Subarticle 5 - Projects and Management Actions › Section 354.42 - Introduction to Projects and Management Actions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Subarticle describes the criteria for projects and
						  management actions to be included in a Plan to meet the sustainability goal for
						  the basin in a manner that can be maintained over the planning and
						  implementation horizon.
1. New
						  subarticle 5 (sections
						  354.42-354.44) and section filed
						  8-15-2016 as an emergency exempt from review by OAL pursuant to Water Code
						  section
						  10733.2(d);
						  operative 8-15-2016. Pursuant to Water Code section
						  10733.2(d),
						  these regulations shall remain in effect until revised by the Department of
						  Water Resources (Register 2016, No. 34).
Note: Authority cited: Section
							 10733.2, Water
							 Code. Reference: Section
							 10733.2, Water
							 Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 2 - Groundwater Sustainability Plans › Article 5 - Plan Contents › Subarticle 5 - Projects and Management Actions › Section 354.44 - Projects and Management Actions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Each Plan shall include a description of the projects and management actions
						the Agency has determined will achieve the sustainability goal for the basin,
						including projects and management actions to respond to changing conditions in
						the basin.
(b) Each Plan shall
						include a description of the projects and management actions that include the
						following:
(1) A list of projects and
						management actions proposed in the Plan with a description of the measurable
						objective that is expected to benefit from the project or management action.
						The list shall include projects and management actions that may be utilized to
						meet interim milestones, the exceedance of minimum thresholds, or where
						undesirable results have occurred or are imminent. The Plan shall include the
						following:
(A) A description of the
						circumstances under which projects or management actions shall be implemented,
						the criteria that would trigger implementation and termination of projects or
						management actions, and the process by which the Agency shall determine that
						conditions requiring the implementation of particular projects or management
						actions have occurred.
(B) The
						process by which the Agency shall provide notice to the public and other
						agencies that the implementation of projects or management actions is being
						considered or has been implemented, including a description of the actions to
						be taken.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 2 - Groundwater Sustainability Plans › Article 6 - Department Evaluation and Assessment › Section 355 - Introduction to Department Evaluation and Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article describes the methodology and criteria used
						by the Department to evaluate and assess a Plan, periodically evaluate and
						assess the implementation of a Plan, or evaluate and assess amendments to a
						Plan.
1. New
						article 6 (sections
						355-355.10) and section filed
						8-15-2016 as an emergency exempt from review by OAL pursuant to Water Code
						section
						10733.2(d);
						operative 8-15-2016. Pursuant to Water Code section
						10733.2(d),
						these regulations shall remain in effect until revised by the Department of
						Water Resources (Register 2016, No. 34).
Note: Authority cited: Section
						  10733.2, Water
						  Code. Reference: Section
						  10733.2, Water
						  Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 2 - Groundwater Sustainability Plans › Article 6 - Department Evaluation and Assessment › Section 355.4 - Criteria for Plan Evaluation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The basin shall be sustainably managed within 20 years of
						the applicable statutory deadline consistent with the objectives of the Act.
						The Department shall evaluate an adopted Plan for compliance with this
						requirement as follows:
(a) An adopted
					 Plan must satisfy all of the following conditions:
(1) The Plan was submitted within the
					 statutory deadline, as applicable.
(2) The Plan is complete and includes the
					 information required by the Act and this Subchapter, including a coordination
					 agreement, if required.
(3) The
					 Plan, either on its own or in coordination with other Plans, covers the entire
					 basin.
(4) The Agency has taken
					 corrective actions, within the period described in Section
					 355.2, to address any deficiencies
					 in the Plan identified by the Department.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 2 - Groundwater Sustainability Plans › Article 6 - Department Evaluation and Assessment › Section 355.6 - Periodic Review of Plan by Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department shall periodically review an approved Plan to ensure the Plan, as
					 implemented, remains consistent with the Act and in substantial compliance with
					 this Subchapter, and is being implemented in a manner that will likely achieve
					 the sustainability goal for the basin.
(b) The Department shall evaluate approved
					 Plans and issue an assessment at least every five years. The Department review
					 shall be based on information provided in the annual reports and the periodic
					 evaluation of the Plan prepared and submitted by the Agency.
(c) The Department shall consider the
					 following in determining whether a Plan and its implementation remain
					 consistent with the Act:
(1) Whether the
					 exceedances of any minimum thresholds or failure to meet any interim milestones
					 are likely to affect the ability of the Agency to achieve the sustainability
					 goal for the basin.
(2) Whether the
					 Agency is implementing projects and management actions consistent with the
					 Plan, or that the Agency has demonstrated that actions described in the Plan
					 have been rendered unnecessary based on changing basin conditions or an
					 improved understanding of basin conditions.
(3) Whether the Agency is addressing data
					 gaps and reducing the levels of uncertainty identified in the Plan.
(4) Whether the Plan continues to satisfy the
					 criteria described in Section
					 355.4.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 2 - Groundwater Sustainability Plans › Article 6 - Department Evaluation and Assessment › Section 355.8 - Department Review of Annual Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall review annual reports as
						follows:
(a) The Department shall
					 acknowledge the receipt of annual reports by written notice and post the report
					 and related materials on the Department's website within 20 days of
					 receipt.
(b) The Department shall
					 provide written notice to the Agency if additional information is
					 required.
(c) The Department shall
					 review information contained in the annual report to determine whether the Plan
					 is being implemented in a manner that will likely achieve the sustainability
					 goal for the basin, pursuant to Section
					 355.6.
1. New
						section filed 8-15-2016 as an emergency exempt from review by OAL pursuant to
						Water Code section
						10733.2(d);
						operative 8-15-2016. Pursuant to Water Code section
						10733.2(d),
						these regulations shall remain in effect until revised by the Department of
						Water Resources (Register 2016, No. 34).
Note: Authority cited: Section
						  10733.2, Water
						  Code. Reference: Sections
						  10728,
						  10733.2 and
						  10733.8, Water
						  Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 2 - Groundwater Sustainability Plans › Article 6 - Department Evaluation and Assessment › Section 355.10 - Plan Amendments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
					 amendment to a Plan shall be evaluated by the Department for consistency with
					 the requirements of the Act and of this Subchapter.
(b) An Agency may amend a Plan at any time,
					 and submit the amended Plan to the Department for evaluation pursuant to the
					 requirements of this Subchapter.
(c) The Department shall evaluate the amended
					 portions of the Plan and any new information that is relevant to the amendments
					 or other Plan elements. Portions of the Plan that have not been amended will
					 not be evaluated unless the Department determines the proposed amendment may
					 result in changed conditions to other areas or to other aspects of the
					 Plan.
(d) An amendment to a Plan
					 shall be evaluated by the Department as follows:
(1) An amended Plan that has been submitted,
					 but not yet approved by the Department, shall be evaluated during the initial
					 evaluation period, in accordance with Sections
					 355.2 and
					 355.4.
(2) An amended Plan that has been approved by
					 the Department, but determined to be incomplete or inadequate as a result of a
					 periodic assessment pursuant to Section
					 355.6, shall be evaluated in
					 accordance with Sections
					 355.2 and
					 355.4.
(3) An amendment to a Plan that has been
					 approved by the Department shall be evaluated in accordance with Section
					 355.6, except that if the
					 Department does not approve the amendment, the Agency may revise and resubmit
					 another amendment at any time, provided that the status of the Plan remains
					 unchanged.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 2 - Groundwater Sustainability Plans › Article 7 - Annual Reports and Periodic Evaluations by the Agency › Section 356 - Introduction to Annual Reports and Periodic Evaluations by the Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article describes the procedural and substantive
						requirements for the annual reports and periodic evaluation of Plans prepared
						by an Agency.
1. New
						article 7 (sections
						356-356.4) and section filed
						8-15-2016 as an emergency exempt from review by OAL pursuant to Water Code
						section
						10733.2(d);
						operative 8-15-2016. Pursuant to Water Code section
						10733.2(d),
						these regulations shall remain in effect until revised by the Department of
						Water Resources (Register 2016, No. 34).
Note: Authority cited: Section
						  10733.2, Water
						  Code. Reference: Section
						  10733.2, Water
						  Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 2 - Groundwater Sustainability Plans › Article 7 - Annual Reports and Periodic Evaluations by the Agency › Section 356.2 - Annual Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each Agency shall submit an annual report to the
						Department by April 1 of each year following the adoption of the Plan. The
						annual report shall include the following components for the preceding water
						year:
(a) General information,
					 including an executive summary and a location map depicting the basin covered
					 by the report.
(b) A detailed
					 description and graphical representation of the following conditions of the
					 basin managed in the Plan:
(1) Groundwater
					 elevation data from monitoring wells identified in the monitoring network shall
					 be analyzed and displayed as follows:
(A)
					 Groundwater elevation contour maps for each principal aquifer in the basin
					 illustrating, at a minimum, the seasonal high and seasonal low groundwater
					 conditions.
(B) Hydrographs of
					 groundwater elevations and water year type using historical data to the
					 greatest extent available, including from January 1, 2015, to current reporting
					 year.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 2 - Groundwater Sustainability Plans › Article 7 - Annual Reports and Periodic Evaluations by the Agency › Section 356.4 - Periodic Evaluation by Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each Agency shall evaluate its Plan at least every five
						years and whenever the Plan is amended, and provide a written assessment to the
						Department. The assessment shall describe whether the Plan implementation,
						including implementation of projects and management actions, are meeting the
						sustainability goal in the basin, and shall include the following:
(a) A description of current groundwater
					 conditions for each applicable sustainability indicator relative to measurable
					 objectives, interim milestones and minimum thresholds.
(b) A description of the implementation of
					 any projects or management actions, and the effect on groundwater conditions
					 resulting from those projects or management actions.
(c) Elements of the Plan, including the basin
					 setting, management areas, or the identification of undesirable results and the
					 setting of minimum thresholds and measurable objectives, shall be reconsidered
					 and revisions proposed, if necessary.
(d) An evaluation of the basin setting in
					 light of significant new information or changes in water use, and an
					 explanation of any significant changes. If the Agency's evaluation shows that
					 the basin is experiencing overdraft conditions, the Agency shall include an
					 assessment of measures to mitigate that overdraft.
(e) A description of the monitoring network
					 within the basin, including whether data gaps exist, or any areas within the
					 basin are represented by data that does not satisfy the requirements of
					 Sections 352.4 and
					 354.34(c). The
					 description shall include the following:
(1)
					 An assessment of monitoring network function with an analysis of data collected
					 to date, identification of data gaps, and the actions necessary to improve the
					 monitoring network, consistent with the requirements of Section
					 354.38.
(2) If the Agency identifies data gaps, the
					 Plan shall describe a program for the acquisition of additional data sources,
					 including an estimate of the timing of that acquisition, and for incorporation
					 of newly obtained information into the Plan.
(3) The Plan shall prioritize the
					 installation of new data collection facilities and analysis of new data based
					 on the needs of the basin.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 2 - Groundwater Sustainability Plans › Article 8 - Interagency Agreements › Section 357 - Introduction to Interagency Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article describes the requirements for coordination
						agreements between Agencies within a basin developed pursuant to Water Code
						Section
						10727.6, and
						voluntary interbasin agreements.
1. New
						article 8 (sections
						357-357.4) and section filed
						8-15-2016 as an emergency exempt from review by OAL pursuant to Water Code
						section
						10733.2(d);
						operative 8-15-2016. Pursuant to Water Code section
						10733.2(d),
						these regulations shall remain in effect until revised by the Department of
						Water Resources (Register 2016, No. 34).
Note: Authority cited: Section
						  10733.2, Water
						  Code. Reference: Section
						  10733.2, Water
						  Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 2 - Groundwater Sustainability Plans › Article 8 - Interagency Agreements › Section 357.2 - Interbasin Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Two or more Agencies may enter into an agreement to
						establish compatible sustainability goals and understanding regarding
						fundamental elements of the Plans of each Agency as they relate to sustainable
						groundwater management. Interbasin agreements may be included in the Plan to
						support a finding that implementation of the Plan will not adversely affect an
						adjacent basin's ability to implement its Plan or impede the ability to achieve
						its sustainability goal. Interbasin agreements should facilitate the exchange
						of technical information between Agencies and include a process to resolve
						disputes concerning the interpretation of that information. Interbasin
						agreements may include any information the participating Agencies deem
						appropriate, such as the following:
(a) General information:
(1) Identity of each basin participating in
					 and covered by the terms of the agreement.
(2) A list of the Agencies or other public
					 agencies or other entities with groundwater management responsibilities in each
					 basin.
(3) A list of the Plans,
					 Alternatives, or adjudicated areas in each basin.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 2 - Groundwater Sustainability Plans › Article 8 - Interagency Agreements › Section 357.4 - Coordination Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Agencies intending to develop and implement multiple Plans pursuant to Water
					 Code Section
					 10727(b)(3)
					 shall enter into a coordination agreement to ensure that the Plans are
					 developed and implemented utilizing the same data and methodologies, and that
					 elements of the Plans necessary to achieve the sustainability goal for the
					 basin are based upon consistent interpretations of the basin setting.
(b) Coordination agreements shall describe
					 the following:
(1) A point of contact with the
					 Department.
(2) The
					 responsibilities of each Agency for meeting the terms of the agreement, the
					 procedures for the timely exchange of information between Agencies, and
					 procedures for resolving conflicts between Agencies.
(3) How the Agencies have used the same data
					 and methodologies for assumptions described in Water Code Section
					 10727.6 to
					 prepare coordinated Plans, including the following:
(A) Groundwater elevation data, supported by
					 the quality, frequency, and spatial distribution of data in the monitoring
					 network and the monitoring objectives as described in Subarticle 4 of Article
					 5.
(B) A coordinated water budget
					 for the basin, as described in Section
					 354.18, including groundwater
					 extraction data, surface water supply, total water use, and change in
					 groundwater in storage.
(C)
					 Sustainable yield for the basin, supported by a description of the undesirable
					 results for the basin, and an explanation of how the minimum thresholds and
					 measureable objectives defined by each Plan relate to those undesirable
					 results, based on information described in the basin
					 setting.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 2 - Groundwater Sustainability Plans › Article 9 - Alternatives › Section 358 - Introduction to Alternatives

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article describes the methodology and criteria for
						the submission and evaluation of Alternatives.
1. New
						article 9 (sections
						358-358.4) and section filed
						8-15-2016 as an emergency exempt from review by OAL pursuant to Water Code
						section
						10733.2(d);
						operative 8-15-2016. Pursuant to Water Code section
						10733.2(d),
						these regulations shall remain in effect until revised by the Department of
						Water Resources (Register 2016, No. 34).
Note: Authority cited: Section
						  10733.2, Water
						  Code. Reference: Section
						  10733.2, Water
						  Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 2 - Groundwater Sustainability Plans › Article 9 - Alternatives › Section 358.2 - Alternatives to Groundwater Sustainability Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 entity that submits an Alternative shall demonstrate that the Alternative
					 applies to the entire basin and satisfies the requirements of Water Code
					 Section
					 10733.6.
(b) An Alternative shall be submitted to the
					 Department by January 1, 2017, and every five years thereafter. A local agency
					 or party directed by a court that submits an Alternative based on an
					 adjudication action described in Water Code Section
					 10737.4 may
					 submit the adjudication action to the Department for evaluation after January
					 1, 2017.
(c) An Alternative
					 submitted to the Department shall include the following information:
(1) An Alternative submitted pursuant to
					 Water Code Section
					 10733.6(b)(1)
					 shall include a copy of the groundwater management plan.
(2) An Alternative submitted pursuant to
					 Water Code Section
					 10733.6(b)(2)
					 that is not an adjudicated area described in Water Code Section
					 10720.8 shall
					 include the following:
(A) Information
					 demonstrating that the adjudication submitted to the Department as an
					 Alternative is a comprehensive adjudication as defined by Chapter 7 of Title 10
					 of Part 2 of the Code of Civil Procedure (commencing with Section
					 830).
(B) A copy of the proposed stipulated
					 judgment.
(3) An
					 Alternative submitted pursuant to Water Code Section
					 10733.6(b)(3)
					 shall provide information that demonstrates the basin has operated within its
					 sustainable yield over a period of at least 10 years. Data submitted in support
					 of this Alternative shall include continuous data from the end of that 10-year
					 period to current conditions.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.5 - Groundwater Management › Subchapter 2 - Groundwater Sustainability Plans › Article 9 - Alternatives › Section 358.4 - Department Evaluation of Alternatives

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall evaluate an Alternative submitted in
						lieu of a Plan as follows:
(a) An
					 Alternative must satisfy all of the following conditions:
(1) The Alternative was submitted within the
					 statutory period established by Water Code Section
					 10733.6, if
					 applicable.
(2) The Alternative is
					 within a basin that is in compliance with Part 2.11 of Water Code (commencing
					 with Section
					 10920), or as amended.
(3) The Alternative is complete and includes
					 the information required by the Act and this Subchapter.
(4) The Alternative covers the entire
					 basin.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.6 - Relocation Assistance Program › Article 1 - General › Section 370.01 - Relocation Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. Prior to the undertaking of a project, the Department shall prepare a
				  Relocation Plan, based upon a survey and analysis of both the housing needs of
				  the affected displaced persons and the available replacement housing, which
				  will assure that, within a reasonable period of time, prior to displacement, to
				  the extent that it can be reasonably accomplished, there will be available in
				  areas not generally less desirable in regard to public utilities and public and
				  commercial facilities, and at rents or prices within the financial means of the
				  families and individuals displaced, decent, safe and sanitary dwellings, equal
				  in number to the number of, and available to, such displaced persons who
				  require such dwellings and reasonably accessible to their place of employment.
(1) All persons to be displaced, any
				  relocation committee formed of persons displaced, and representatives of
				  affected governmental agencies, and members of the community who notify the
				  Department of their interest shall be given the opportunity and should be
				  encouraged fully and meaningfully to participate in reviewing the Relocation
				  Plan and monitoring the relocation assistance program of a particular project.
				  As to projects involving substantial displacements, the Department shall
				  encourage the formation of a relocation committee consisting of representatives
				  of the residents and interested community organizations in the displacement
				  area and affected displaced persons.
(2) The term "undertaking a project," for
				  purposes of this section, shall mean the date the Director authorizes the
				  acquisition or the initiation of negotiations for the acquisition of the
				  affected ownership(s).
(3) The
				  approval of the Relocation Plan vests in the Director as head of the State
				  Agency.
(4) When determining a
				  displacee's financial ability to afford replacement housing, replacement
				  housing payments, and rental rates after acquisition, the displacee shall
				  provide a written statement as to his gross income which will be updated
				  annually or as necessary. Failure to provide such written statement shall
				  require the Department to make determinations on the best data known and
				  available to them.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.6 - Relocation Assistance Program › Article 1 - General › Section 370.02 - Eviction Policy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Eviction of persons in occupancy as of the date of acquisition shall be
				  undertaken only for one or more of the following reasons:
(1) Failure to pay rent, except in those
				  cases where the failure to pay is due to the lessor's failure to keep the
				  premises in habitable condition, is the result of harassment or retaliatory
				  action or is the result of discontinuation or substantial interruption of
				  services;
(2) Performance of a
				  dangerous, illegal act in the unit;
(3) Material breach of the rental agreement
				  and failure to correct breach within 30 days of notice;
(4) Maintenance of a nuisance and failure to
				  abate within a reasonable time following notice;
(5) Refusal to accept one of a reasonable
				  number of offers of replacement dwellings;
(6) The eviction is required by State or
				  local law and cannot be prevented by reasonable efforts on the part of the
				  public entity;
(7) The building has
				  structural defects existent at the time of purchase by the
				  Department.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.6 - Relocation Assistance Program › Article 1 - General › Section 370.03 - Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Relocation assistance and benefits, as provided in these regulations, shall be
				  available to:
(1) Any person who lawfully
				  occupies property from which he will be displaced;
(2) Any person in lawful occupancy who will
				  move from real property or will move his personal property from real property
				  because he will be displaced from other real property on which he conducts a
				  business or farm operation;
(3) Any
				  person in lawful occupancy who moves from real property as a result of its
				  acquisition by the Department for a public use whether the move is voluntary or
				  involuntary;
(4) Any person in
				  lawful occupancy at the time of initiation of negotiations who moves as the
				  result of the pending acquisition and the property from which he is displaced
				  is subsequently acquired for public use.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.6 - Relocation Assistance Program › Article 2 - Relocation Payments › Section 370.10 - Relocation Payments-General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Appeals. Any displaced person aggrieved by a determination as to eligibility
				  for a relocation payment, or the amount of such payment, may have his
				  application reviewed by a Relocation Appeals Board designated by the Director
				  to hear such appeals. The Appeals Board shall make its recommendations to the
				  Director who will make the final decision on the appeal. The Department shall
				  inform all displaced persons of their right of appeal. They shall be furnished
				  the address of the Relocation Appeals Board. They shall be given full
				  opportunity to be heard and a prompt decision shall be made. Appeals must be
				  submitted prior to the final date specified in subsection (d) of this Section
				  for applying for relocation payments.
(b) Form of Application. Application for
				  relocation payments or appeals shall be made to the Department upon forms
				  prescribed by the Department and shall be accompanied by such information and
				  documentation as may be required by the Department.
(c) Payment Date. No relocation payment shall
				  be made by the Department prior to the date title to the property vests in the
				  State of California through close of purchase escrow or Final Order of
				  Condemnation or the date of possession by the State under an Order of
				  Possession.
(d) Time Limit on
				  Filing Applications. Except as otherwise provided, applications for relocation
				  payments must be submitted to the Department within 18 months from the date of
				  vacation of the acquired property or the date he receives final compensation
				  for the property, whichever is later.
(e) Assignment of Relocation Payments. The
				  payments described in this Article may be made directly to the displaced person
				  upon proper application, or upon proper instruction addressed to the Department
				  and attached to his application for payment, the payments may be made directly:
(1) To a lessor or landlord for rent;
				  or
(2) To a moving company for
				  moving expenses; or
(3) To an
				  escrow agent pursuant to paragraph (f) of this subsection.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.6 - Relocation Assistance Program › Article 2 - Relocation Payments › Section 370.11 - Moving and Related Expense Payments-General Provisions for All Relocated Individuals, Families, Businesses and Farms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Eligibility to Receive Moving Cost Payment.
(1) Any individual, family, business or farm
				  operator is eligible to receive payment for the reasonable expenses of moving
				  his personal property when
(A) He is in
				  lawful occupancy at the initiation of negotiations for the acquisition of the
				  real property; and
(B) He moves
				  from the real property or moves his personal property from the real property
				  subsequent to the date of initiation of negotiation; or,
(C) The real property is subsequently
				  acquired.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.6 - Relocation Assistance Program › Article 2 - Relocation Payments › Section 370.12 - Moving Payments to Individuals and Families

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. A displaced individual or family eligible under Section
				  370.11(a) is
				  entitled to receive a payment for moving his personal property, himself and his
				  family. Such displaced persons have the option of payment on the basis of
				  actual, reasonable moving expenses or a moving expense schedule.
(b) Actual, Reasonable Moving Expenses.
(1) Moves by For-Hire Carriers. A displaced
				  individual or family may be paid the actual, reasonable cost of a move
				  accomplished by for-hire carriers. The displaced person may elect, with
				  Department approval, either of the following options:
(A) The displaced person shall secure at
				  least two estimates from responsible for-hire carriers and submit them to the
				  Department for approval prior to the move. The Department will authorize
				  payment for the move based on the lowest of such bids or estimates.
Payment shall be made by the Department upon presentation
					 of the paid, receipted and itemized bill after the claimant has moved from the
					 premises.
If this creates a financial hardship on the displacees, the
					 Department will secure an assignment from the displacee to allow direct payment
					 to be made to the mover upon presentation of itemized bills after claimant has
					 moved from the premises.
(B)
				  The displaced person shall be given a moving service authorization by the
				  Department and may select a for-hire carrier from the list of eligible for-hire
				  carriers established by the Department. When the for-hire carrier has completed
				  the move, the original moving service authorization will be returned to the
				  Department by the for-hire carrier with the itemized moving cost bill. The
				  Department shall pay the for-hire carrier directly. Such moves shall be at the
				  minimum rates, rules and regulations prescribed and established by the
				  California Public Utilities Commission.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.6 - Relocation Assistance Program › Article 2 - Relocation Payments › Section 370.13 - Moving Payments to Business or Farm

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General.
(1) The owner of a displaced
				  business or farm eligible under Section
				  370.11(a) is
				  entitled to receive a payment for actual reasonable moving and related expense
				  which include:
(A) Actual reasonable expenses
				  in moving his business, farm, or other personal property as provided in
				  subsection (b), below;
(B) Actual
				  direct losses of tangible personal property in moving or discontinuing his
				  business or farm, as provided in subsection (c), below;
(C) Actual reasonable expenses in searching
				  for a replacement business or farm, as provided in subsection (d),
				  below.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.6 - Relocation Assistance Program › Article 2 - Relocation Payments › Section 370.14 - Moving Payments to Nonprofit Organizations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  displaced nonprofit organization eligible under Section
				  370.11(a) is
				  eligible to receive payments for either
(1)
				  Actual reasonable moving expenses, actual direct losses of tangible personal
				  property, actual reasonable expenses in searching for a replacement site,
				  or
(2) In lieu of actual expenses
				  in accordance with Section
				  370.13(b), (c), (d) and
				  (e), a payment in the amount of $2,500 if the
				  Department determines that:
(A) The nonprofit
				  organization cannot be relocated without a substantial loss of its existing
				  patronage. The term "existing patronage" as used in connection with nonprofit
				  organizations only includes the persons, community or clientele serviced or
				  affected by the activities of the nonprofit organization; and
(B) The nonprofit organization is not part of
				  an enterprise having at least one other establishment not being acquired which
				  is engaged in the same or similar activity.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.6 - Relocation Assistance Program › Article 2 - Relocation Payments › Section 370.15 - Advertising Signs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General.
(1) The owner of a displaced
				  advertising sign eligible under Section
				  370.11(a) is
				  eligible to receive a payment for actual reasonable moving and related expenses
				  which include:
(A) Actual reasonable expenses
				  in moving his advertising sign as provided in subsection (b) of this
				  section;
(B) Actual direct losses
				  of tangible personal property as provided in subsection (c) of this section;
				  and
(C) Actual reasonable expenses
				  in searching for a replacement sign site as provided in subsection (d) of this
				  section.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.6 - Relocation Assistance Program › Article 2 - Relocation Payments › Section 370.16 - Replacement Housing Payments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General Provisions.
(1) In addition to other
				  payments provided by this Article, eligible individuals and families displaced
				  from their primary residence, including condominiums, cooperative apartments
				  and mobile homes purchased by the State are eligible for replacement housing
				  payments in accordance with this Article.
(2) Displaced individuals or families are not
				  required to relocate to the same occupancy (owner or tenant) status but have
				  other options according to their ownership status and tenure of occupancy as
				  described in Sections
				  370.17 to
				  370.23, inclusive, of this
				  Article.
(3) Not more than one
				  replacement housing or rental payment shall be made for each dwelling unit
				  except in the case of multi-family occupancy of one dwelling unit as specified
				  in subsection (f) of this Section.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.6 - Relocation Assistance Program › Article 2 - Relocation Payments › Section 370.17 - Replacement Housing Payments to Owner-Occupant for 180 Days or More Who Purchases a Replacement Dwelling

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General.
(1) A displaced owner-occupant of a
				  dwelling may receive additional payments, the combined total of which may not
				  exceed $15,000.00, for the additional cost necessary:
(A) To purchase replacement
				  housing;
(B) To compensate the
				  owner for the loss of favorable financing on his existing mortgage in the
				  financing of replacement housing; and
(C) To reimburse the owner for incidental
				  expenses incident to the purchase of replacement housing when such costs are
				  incurred as specified herein.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1.6 - Relocation Assistance Program › Article 2 - Relocation Payments › Section 370.18 - Rental Differential Payment to Owner-Occupant for 180 Days or More Who Rents a Replacement Dwelling

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. An owner-occupant eligible for a replacement housing payment under
				  Section 370.17(a) who
				  elects to rent a replacement dwelling is eligible for a rental differential
				  payment not to exceed $4,000.00.
(b) Computation and Disbursement of Payment.
				  The payment shall be computed and disbursed in accordance with the provisions
				  of Section
				  370.21(b), (c) and
				  (d) except that:
(1) The present rental rate shall be economic
				  rent as determined by market data; and
(2) The payment may not exceed the maximum
				  amount which he would have received had he elected to receive a purchase
				  differential payment under Section
				  370.17(b).