reglab/statecodes huggingface dataset:
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2 - Financial Assistance for Local Projects › Article 3 - Application for a Project Construction Loan or Grant or Facilities Grant › Section 421 - Contents of Feasibility Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The feasibility report should contain sufficient
					 information and data to demonstrate that the proposed project is engineeringly
					 feasible, economically justified, and financially sound. The amount of detailed
					 information required in the feasibility report will vary with the type,
					 purpose, and complexity of the project. In each case, the department will
					 advise the applicant regarding the nature and scope of the information and
					 studies which should be contained in the feasibility report. The department
					 will also advise the applicant of the criteria it will use to evaluate the
					 engineering, economic, and financial aspects of the project. In general,
					 feasibility reports shall contain the following:
(a) A general description of the project
				  plan, purpose, and accomplishments, with a map showing the project features and
				  service area.
(b) Studies of water
				  resources and water requirements, including project operational studies
				  demonstrating the accomplishments of the project.
(c) Status of water rights necessary for
				  operation of the project.
(d)
				  Preliminary designs and cost estimates of the project features in sufficient
				  detail to establish probable cost of the project. Estimates of annual costs of
				  operation and maintenance should also be included.
(e) Economic studies to establish the
				  benefits and economic justification of the project.
(f) An allocation of costs among the purposes
				  of the project, if the project has more than one purpose.
(g) Financial studies indicating the proposed
				  method of financing, sources of revenue, and repayment schedule.
(h) A construction schedule and an estimate
				  of the amount of state funds required each year.
(i) Environmental documents prepared and
				  submitted pursuant to Title 14, Division 6, Chapter 3 (Register 78, No. 5) and
				  Title 23, Chapter 2, Subchapter 3 of this Code.
(j) Such other information as the Department
				  may require.
1. Amendment
					 of subsection (i) and new subsection (j) filed 4-13-73; effective thirtieth day
					 thereafter (Register 73, No. 15).
2. Amendment of subsection (i)
					 filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
Note: Authority cited: Section
						21082,
						Public Resources Code; Section
						12890, Water
						Code. Reference: Sections
						21069,
						21150,
						21153,
						Public Resources Code; Sections
						12882-
						12882.5, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2 - Financial Assistance for Local Projects › Article 3 - Application for a Project Construction Loan or Grant or Facilities Grant › Section 422 - Omissions in Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If an application submitted to the Department is not
					 complete, or if additional information is required, the Department will notify
					 the applicant in what respect the application is incomplete. If the application
					 is not completed within 90 days after the notice that the application is
					 incomplete, unless the Department extends this time for good cause shown, the
					 Department will return the application to the applicant without making any
					 findings on the application and without prejudice to the submission of a new
					 application at any future time.
1. Amendment
					 filed 4-13-73; effective thirtieth day thereafter (Register 73, No.
					 15).
2. New NOTE filed 7-25-83; effective thirtieth day thereafter
					 (Register 83, No. 31).
Note: Authority cited: Section
						12890, Water
						Code. Reference: Section
						12882, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2 - Financial Assistance for Local Projects › Article 3 - Application for a Project Construction Loan or Grant or Facilities Grant › Section 423 - Use of Department's Data

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any pertinent data in the files of the department will be
					 made available to applicants for use in preparing applications and feasibility
					 reports. Such data will be furnished free of charge except for costs of
					 reproduction. If the proposed project has been reported on by the department,
					 the report may be used by the applicant and supplemented by such additional
					 information as may be necessary to complete the application.
1. New NOTE
					 filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
Note: Authority cited: Section
						12890, Water
						Code. Reference: Section
						12882, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2 - Financial Assistance for Local Projects › Article 3 - Application for a Project Construction Loan or Grant or Facilities Grant › Section 424 - Review and Report by the Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department shall review any application and environmental document submitted to
				  it pursuant to Title 14, Section
				  15146 of this Code. (Register 78,
				  No. 5).
(b) The Department shall
				  then prepare a report containing its findings and recommendations with respect
				  to the application and will file said report with the State
				  Legislature.
(c) The Department
				  shall furnish the applicant with copies of the report.
1. Amendment
					 filed 4-13-73; effective thirtieth day thereafter (Register 73, No.
					 15).
2. Amendment filed 1-25-79; effective thirtieth day thereafter
					 (Register 79, No. 4).
Note: Authority cited: Section
						21082,
						Public Resources Code; Section
						12890, Water
						Code. Reference: Sections
						21002,
						21002.1,
						and
						21150,
						Public Resources Code; Section
						12882.4, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2 - Financial Assistance for Local Projects › Article 3 - Application for a Project Construction Loan or Grant or Facilities Grant › Section 425 - Submission to California Water Commission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department will submit all applications filed under
					 this Article 3 and the Department's reports thereon to the California Water
					 Commission for its approval before final action is taken by the
					 Department.
1. Amendment
					 filed 12-20-63; effective thirtieth day thereafter (Register 63, No.
					 25).
2. Amendment filed 4-13-73; effective thirtieth day thereafter
					 (Register 73, No. 15).
3. New NOTE filed 7-25-83; effective
					 thirtieth day thereafter (Register 83, No. 31).
Note: Authority cited: Section
						12890, Water
						Code. Reference: Section
						12891.4, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2 - Financial Assistance for Local Projects › Article 3 - Application for a Project Construction Loan or Grant or Facilities Grant › Section 426 - Notice to Applicants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The department will notify each applicant of the official
					 action taken by the department and by the California Water Commission with
					 respect to the application.
1. New NOTE
					 filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
Note: Authority cited: Section
						12890, Water
						Code. Reference: Section
						12891.4, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2 - Financial Assistance for Local Projects › Article 4 - Applications for State Participation › Section 427 - Form and Filing of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applications for state participation under Article 7
					 (commencing with Section
					 12886) of the Act shall be made to
					 the Department by a public agency in the form of a letter stating the
					 conditions under which the state participation is desired, accompanied by a
					 resolution by the governing body of the applicant authorizing the filing of the
					 application by a designated representative who is to represent the applicant
					 until final action is taken by the Department on the application. The applicant
					 shall submit to the Department such additional information as the Department
					 may require to reach a decision in the particular case.
1. New
					 section filed 12-20-63; effective thirtieth day thereafter (Register 63, No.
					 25).
2. Amendment filed 4-13-73; effective thirtieth day thereafter
					 (Register 73, No. 15).
3. New NOTE filed 7-25-83; effective
					 thirtieth day thereafter (Register 83, No. 31).
Note: Authority cited: Section
						12890, Water
						Code. Reference: Section
						12886.4, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2 - Financial Assistance for Local Projects › Article 5 - Procedure Following Approval of a Project Construction Loan or Grant, or Facilities Grant, or State Participation › Section 431 - Contract

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
State funds will not be advanced to any applicant pursuant
					 to an approved loan or grant until a contract between the applicant and the
					 department setting forth terms and conditions of such loans or grants has been
					 executed.
1. New NOTE
					 filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
Note: Authority cited: Section
						12890, Water
						Code. Reference: Section
						12887.2, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2 - Financial Assistance for Local Projects › Article 5 - Procedure Following Approval of a Project Construction Loan or Grant, or Facilities Grant, or State Participation › Section 432 - Water Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The department will not execute a contract with any
					 applicant for a loan or grant for the construction of a proposed project, or
					 grant for the construction of initial water supply and sanitary facilities, or
					 state participation, until the applicant submits evidence satisfactory to the
					 department that the applicant holds or can acquire water rights adequate to
					 permit operation of the project as specified in the application. No funds shall
					 be disbursed under the contract unless or until the applicant has or obtains a
					 right or permit to appropriate the water required for operation of the
					 project.
1. Amendment
					 filed 12-22-61; effective thirtieth day thereafter (Register 61, No.
					 26).
2. Amendment filed 12-20-63; effective thirtieth day thereafter
					 (Register 63, No. 25).
3. New NOTE filed 7-25-83; effective
					 thirtieth day thereafter (Register 83, No. 31).
Note: Authority cited: Section
						12890, Water
						Code. Reference: Section
						12882, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2 - Financial Assistance for Local Projects › Article 6 - Application for Loan for Preparation of Feasibility Report › Section 435 - Feasibility Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this Article 5 of these regulations,
					 "feasibility report" shall mean such report on the feasibility of a public
					 agency's proposed project as the department may require the public agency to
					 file with the department in support of an application by the public agency
					 under the Act for a loan for the construction of the proposed project.
1. New
					 Article 5 (Sections
					 435,
					 436,
					 437) filed 12-22-61; effective
					 thirtieth day thereafter (Register 61, No. 26).
2. New NOTE filed
					 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
Note: Authority cited: Section
						12890, Water
						Code. Reference: Section
						12882, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2 - Financial Assistance for Local Projects › Article 6 - Application for Loan for Preparation of Feasibility Report › Section 436 - Form and Filing of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applicants for a loan under the act for the preparation of
					 a feasibility report on a proposed project shall file an application for the
					 loan on a form provided by the department. Such application should be filed
					 after receipt of a favorable written reply from the department on a written
					 request for a preliminary determination of eligibility for a loan for the
					 construction of the proposed project filed with the department by the applicant
					 in accordance with Article 2 of these regulations. The application shall be
					 accompanied by such additional information as the department may determine is
					 required to reach a decision in the particular case.
1. New NOTE
					 filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
Note: Authority cited: Section
						12890, Water
						Code. Reference: Section
						12882, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2 - Financial Assistance for Local Projects › Article 6 - Application for Loan for Preparation of Feasibility Report › Section 437 - Other Applicable Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of Sections
					 422,
					 423,
					 424,
					 425, and
					 431 of these regulations shall
					 also apply to applications for loans under the Act for the preparation of
					 feasibility reports.
1. Amendment
					 filed 4-13-73; effective thirtieth day thereafter (Register 73, No.
					 15).
2. New NOTE filed 7-25-83; effective thirtieth day thereafter
					 (Register 83, No. 31).
Note: Authority cited: Section
						12890, Water
						Code. Reference: Section
						12882, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2 - Financial Assistance for Local Projects › Article 8 - Grant Standards › Section 445 - Eligible Recreation Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In calculating recreation benefits, the recreation
					 activities that the Department will consider shall be limited to
					 water-associated activities which take place in, on, or adjacent to the
					 reservoir, and which entail direct enjoyment of the recreational values of the
					 reservoir. The activities considered may include bathing, fishing, hunting,
					 boating, water skiing, picnicking, and camping.
Activities and facilities which the Department will not
					 consider shall include, but not be limited to, the following: hiking, riding,
					 cycling, scientific-historic appreciation, swimming pools, swimming lagoons
					 detached from reservoirs, athletic fields, amphitheaters, museums, zoos, nature
					 study areas, stables, and golf courses.
1. New
					 Article 8 (Sections
					 445 and
					 446) filed 1-17-68; effective
					 thirtieth day thereafter (Register 68, No. 3).
Note: Authority cited: Section
						12890, Water
						Code; reference: Section
						12884.2, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2 - Financial Assistance for Local Projects › Article 8 - Grant Standards › Section 446 - Eligible Recreation Lands. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New NOTE
					 filed 7-25-83; effective thirtieth day thereafter (Register 83, No.
					 31).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government
					 Code Section
					 11349.7;
					 effective thirtieth day thereafter (Register 85, No. 26).
Note: Authority cited: Section
						12890, Water
						Code. Reference: Section
						12884.2, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2 - Financial Assistance for Local Projects › Article 9 - Application for Drought Emergency Loans [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Article
				  9 (Sections
				  447-450, inclusive) filed 9-3-76
				  as an emergency; effective upon filing (Register 76, No. 36).
2.
				  Certificate of Compliance filed 12-27-76 (Register 77, No. 1).
3.
				  Repealer of Article 9 (Sections
				  447-450) filed 7-25-83; effective
				  thirtieth day thereafter (Register 83, No. 31). For prior history, see
				  Registers 79, No. 4; 77, No. 41; and 77, No. 25.
Note: Authority cited for Article 9 (Sections
					 447-450, inclusive): Section
					 6078, Water
					 Code. Reference: Section
					 12885.9, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.2 - Environmental Water Act of 1989 › Article 1 - General Provisions › Section 449.2 - Program Funding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  matching funds requirement for grants described in Section
				  12929.41(b) of
				  the Act may be met by monetary contribution, in-kind service such as materials,
				  labor, or staff time, or land easements.
(b) The Department may request that the
				  applicant seek federal funds or participation by federal agencies.
(c) Loan applicants must demonstrate that
				  they possess the ability to repay the loan by providing the following
				  information:
(1) financial
				  statements;
(2) statements of
				  existing cash reserves and existing debts, long term and short term;
(3) a statement describing the applicant's
				  legal authority to enter into a loan contract with the state;
(4) a description of the repayment
				  method;
(5) an explanation of how
				  the applicant proposes to secure the loan if required to do so by the
				  State;
(6) a description of funding
				  sources for all other elements of the proposed project if the total project
				  costs exceed the loan;
(7)
				  disclosure of any other debt currently pending issuance or approval;
				  and
(8) any other information
				  necessary to evaluate the applicant's ability to repay the
				  loan.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.2 - Environmental Water Act of 1989 › Article 1 - General Provisions › Section 449.3 - Application Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Applicants shall file with the Department a complete application. The
				  Department shall provide application packages upon request.
(b) A complete application consists of the
				  application and any required supporting information, including environmental
				  documentation, attached to, or bound with, the application.
(c) If environmental documentation is not
				  completed, the application may be submitted with a statement explaining in
				  detail the steps remaining in the process of obtaining final environmental
				  documentation.
1. New
					 section filed 6-2-93; operative 7-2-93 (Register 93, No. 23).
Note: Authority cited: Section
						12929.44, Water
						Code. Reference: Sections
						12929.11,
						12929.20,
						12929.21 and
						12929.22, Water
						Code. Section
						21002.1,
						Public Resources Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.2 - Environmental Water Act of 1989 › Article 2 - Specific Program Provisions › Section 449.4 - Mono Lake Basin Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Eligibility Requirements
(1) Only those types
				  of projects that are listed in Section
				  12929.22 of the Act and that are
				  technically feasible shall be considered for funding.
(2) Studies may be funded only if they are
				  associated with technically feasible projects.
(3) The project must result in the reduction
				  of diversions of water from the Mono Lake Basin.
(4) Costs of long-term operation and
				  maintenance are not eligible for funding. Costs for long-term operation and
				  maintenance may be part of an in-kind service contribution.
(5) The Department shall review the project's
				  eligibility, and may revise its decision on project eligibility, if prior to
				  the funding of the project the State Water Resources Control Board issues a
				  final order, or a court issues a final judgment, regarding the Mono Lake
				  Basin.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.2 - Environmental Water Act of 1989 › Article 2 - Specific Program Provisions › Section 449.5 - Environmental Enhancement Component

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Eligibility Requirements
(1) Projects must
				  involve activities listed in Section
				  12929.26 of the Act.
(2) Applications for technically feasible
				  projects and programs shall be considered for funding. Studies may be funded
				  only if they are associated with technically feasible projects funded by the
				  Environmental Water Fund.
(3) No
				  funds shall be granted or loaned for long-term operation and maintenance. Costs
				  for long-term operation and maintenance may be part of an applicant's in-kind
				  service contribution.
(4) Projects
				  that are mitigation for other projects are not eligible for funding under this
				  program.
(5) In order to allow for
				  a greater number of projects to be funded, the total amount funded through
				  grants, loans, or a combination of grants and loans, for any single project
				  shall not exceed one million dollars ($1,000,000), unless the applicant
				  demonstrates to the Department's satisfaction that the project provides unique
				  possibilities for significant environmental benefits to the State.
(6) Studies not associated with technically
				  feasible projects funded by the Environmental Water Fund may be considered for
				  funding if the applicant demonstrates to the Department's satisfaction that the
				  study provides unique possibilities for significant environmental benefits to
				  the State by advancing our knowledge and understanding of a problem and its
				  solution, and that a resource of statewide significance is in jeopardy and
				  completion of the proposed study is a critical initial step in restoration or
				  enhancement of the resource.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.2 - Environmental Water Act of 1989 › Article 2 - Specific Program Provisions › Section 449.6 - Water Quality Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Projects must involve activities described in Sections
				  12929.30 and
				  12929.31 of the Act.
(b) Applications shall be submitted no later
				  than June 30 for consideration for funding in the following fiscal
				  year.
(c) The Department may also
				  solicit applications at any time.
(d) Each application shall include or be
				  accompanied by the following information:
(1)
				  a detailed description of the project or study;
(2) a detailed description of the benefits to
				  be provided by the project or study;
(3) maps of project or study area, marked
				  with locations of the project components;
(4) a description and determination of the
				  project's technical feasibility and methods to be used;
(5) a detailed outline of costs of the
				  project or study;
(6) a description
				  of source and amount of matching fund sources;
(7) environmental documentation and permits
				  that are required, or a statement pursuant to Section
				  449.3(c) if
				  environmental documentation is incomplete;
(8) a detailed schedule for the completion of
				  the proposed project or study;
(9)
				  copies of any project feasibility studies that have been prepared for the
				  project;
(10) any other information
				  necessary to evaluate the eligibility and technical feasibility of the study or
				  project.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.2 - Environmental Water Act of 1989 › Article 3 - Evaluation Process › Section 449.7 - Department Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department shall evaluate each application for preliminary eligibility based on
				  the applicant's description of the project, program, or study, and financial
				  and cost information provided. The Department will notify the applicant of the
				  applicant's preliminary eligibility status.
(b) A Technical Review Committee (TRC) shall
				  be established by the Department to evaluate the project or study and to make
				  recommendations to the Department.
(c) The TRC shall be composed of Department
				  representatives, representatives of the Department of Fish and Game, and other
				  state and federal representatives, as determined by the Department.
1. New
					 section filed 6-2-93; operative 7-2-93 (Register 93, No. 23).
Note: Authority cited: Section
						12929.44, Water
						Code. Reference: Sections
						12929.11,
						12929.20,
						12929.21,
						12929.22,
						12929.26,
						12929.30,
						12929.31,
						12929.40 and
						12929.45, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.2 - Environmental Water Act of 1989 › Article 3 - Evaluation Process › Section 449.8 - Public Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  After the Department notifies an applicant of the proposed project's
				  preliminary eligibility, the applicant shall hold one or more public meetings
				  to describe the project to interested persons.
(b) If the applicant has already held a
				  public meeting on the project, the Department may waive the requirement of
				  subdivision (a).
(c) If the
				  applicant changes any part of the project as a result of comments received from
				  a public meeting, the applicant must submit those project changes to the
				  Department for further review.
(d)
				  Any comments received by the applicant during public comment shall be presented
				  to the Department before the application shall be considered
				  complete.
1. New
					 section filed 6-2-93; operative 7-2-93 (Register 93, No. 23).
Note: Authority cited: Section
						12929.44, Water
						Code. Reference: Section
						12929.40, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.2 - Environmental Water Act of 1989 › Article 3 - Evaluation Process › Section 449.9 - Basis for Award of Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department's decision to award funds to a program,
					 project or study shall be based on the following factors:
(a) Whether the project, program, or study is
				  consistent with the Act and regulations promulgated under the Act;
(b) the significance and scope of the
				  environmental benefits provided;
(c) the technical feasibility of the project,
				  program or study;
(d) availability
				  of funds from the Environmental Water Fund; and
(e) the availability of alternative
				  funding.
1. New
					 section filed 6-2-93; operative 7-2-93 (Register 93, No. 23).
Note: Authority cited: Section
						12929.44, Water
						Code. Reference: Sections
						12929.11,
						12929.14,
						12929.15,
						12929.20,
						12929.21,
						12929.22,
						12929.23,
						12929.24,
						12929.26,
						12929.30,
						12929.31,
						12929.41,
						12929.42 and
						12929.45, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.2 - Environmental Water Act of 1989 › Article 3 - Evaluation Process › Section 449.10 - Project Site Visitation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Prior to entering into a contract, representatives of the Department may visit
				  the project site to assess its conditions and needs, and then meet with project
				  sponsors.
(b) After entering into a
				  contract and during planning and construction or after project completion, the
				  Department may inspect the project site at any reasonable time to ensure that
				  the project is being carried out in accordance with the project described in
				  the application and as described under the contract.
1. New
					 section filed 6-2-93; operative 7-2-93 (Register 93, No. 23).
Note: Authority cited: Section
						12929.44, Water
						Code. Reference: Section
						12929.45, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.2 - Environmental Water Act of 1989 › Article 3 - Evaluation Process › Section 449.11 - Commitment of Funds and Final Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  After a project, program or study has been approved for funding by the
				  Department Director, a letter of commitment will be sent to the applicant,
				  stating that the application has been approved for funding.
(b) The interest rate for a loan shall be
				  stated in the letter of commitment.
(c) If a contract is not signed within three
				  months after the commitment letter is sent to the applicant, the Department may
				  withdraw or revise the letter of commitment.
(d) Upon completion of the project, the
				  applicant shall submit a written report of the project to the Department. The
				  report should include photographs of restoration or enhancement activities and
				  techniques.
1. New
					 section filed 6-2-93; operative 7-2-93 (Register 93, No. 23).
Note: Authority cited: Section
						12929.44, Water
						Code. Reference: Section
						12929.45, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.3 - Loan Programs Under the Water Conservation and Water Quality Bond Law of 1986, and the Water Conservation Bond Law of 1988 and Loan and Grant Programs for Local Projects Under the Safe, Clean, Reliable Water Supply Act › Section 450.3 - Feasibility Studies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The feasibility studies to be funded under this provision are
				  studies conducted and reports prepared to determine the engineering,
				  hydrogeologic, environmental, economic and financial feasibility of a proposed
				  water conservation, ground water recharge, water supply project, dam or
				  reservoir. Feasibility study results will provide the information needed to
				  develop a complete construction loan application. A feasibility study shall
				  include an Environmental Impact Report prepared pursuant to Division 13 of the
				  Public Resources Code, commencing with Section
				  21000. Applications for
				  feasibility study funding shall be filed as required by the Department and
				  shall contain any of the information listed in section
				  450.2 that is required by the
				  Department. The Department shall determine which applicants will receive
				  feasibility study funding based upon a preliminary review of the soundness of
				  their proposed project, the financial resources available to the applicant, the
				  potential economic justification and critical need for the proposed project,
				  the likelihood that construction of the project will be funded, and the amount
				  of funds available for feasibility study loans and grants.
1. New section
				  filed 5-21-87; operative 6-20-87 (Register 87, No. 22).
2. Amendment
				  filed 9-21-90; operative 10-21-90 (Register 90, No. 44).
3.
				  Amendment of section and NOTE filed 1-28-98; operative 2-27-98 (Register 98,
				  No. 5).
Note: Authority cited: Sections
					 12879.4 and
					 78680.20, Water
					 Code. Reference: Sections
					 12879.5(h),
					 12879.6(e),
					 78680.4,
					 78680.10,
					 78680.12 and
					 78680.14, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.3 - Loan Programs Under the Water Conservation and Water Quality Bond Law of 1986, and the Water Conservation Bond Law of 1988 and Loan and Grant Programs for Local Projects Under the Safe, Clean, Reliable Water Supply Act › Section 450.4 - Application for Land Acquisition Loans for Local Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Land Acquisition is a component of an eligible Project
				  pursuant to Water Code Sections
				  78680.4(b),
				  78680.12 and
				  78680.14. The
				  Department may make loans to public agencies for acquisition of interest in
				  lands that are necessary for, and a part of a single local project. Application
				  for such funding shall contain any of the information listed in section
				  450.2 that is required by the
				  Department.
1. New section
				  filed 5-21-87; operative 6-20-87 (Register 87, No. 22)
2. Amendment
				  filed 2-21-91; operative 2-21-91 (Register 91, No. 12).
3. Editorial
				  correction deleting former HISTORY 2 and renumbering subsequent HISTORY NOTE
				  (Register 95, No. 28).
4. Renumbering of former section
				  450.4 to section
				  450.5 and new section
				  450.4 filed 1-28-98; operative
				  2-27-98 (Register 98, No. 5).
Note: Authority cited: Section
					 78680.20, Water
					 Code. Reference: Sections
					 78680.4(b),
					 78680.12 and
					 78680.14, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.3 - Loan Programs Under the Water Conservation and Water Quality Bond Law of 1986, and the Water Conservation Bond Law of 1988 and Loan and Grant Programs for Local Projects Under the Safe, Clean, Reliable Water Supply Act › Section 450.5 - Priority List

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Department shall establish and maintain separate priority lists of construction
				projects, for the following:
1) water
				conservation projects;
2)
				groundwater recharge projects;
3)
				water supply projects; and
4) local
				projects. Construction loans of up to $5,000,000 per project shall be offered
				to applicants for each project in priority list order, as funds are available.
				The Department shall prepare new priority lists at least every two years until
				all available funds are committed, and may do so more frequently. When a new
				priority list is established, the previous priority list is superceded. Unless
				funds have been submitted in writing to a project on the superceded priority
				list, all projects on the superceded list shall be given priority for funding
				in accordance with the new priority list, and new or updated applications for
				those projects may be required by the Department.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.3 - Loan Programs Under the Water Conservation and Water Quality Bond Law of 1986, and the Water Conservation Bond Law of 1988 and Loan and Grant Programs for Local Projects Under the Safe, Clean, Reliable Water Supply Act › Section 450.6 - Contract Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				following requirements apply to funding contracts:
(1) All applicable environmental
				documentation must be completed prior to entering into a contract.
(2) The Department may enter into a contract
				before the applicant has obtained all applicable permits, but may not disburse
				any funds to be used for land acquisition and/or project construction until the
				applicant has complied with all applicable federal, state and local laws, rules
				and regulations, and obtained all required permits.
(3) Applicants for all projects impacting a
				domestic water supply must have the project approved in writing by the State
				Department of Health Services before a construction contract can be
				executed.
(4) If a contract is not
				signed by the applicant within six months after the Department transmits a
				letter of commitment of funds, the letter of commitment may be withdrawn or
				revised.
(5) The Department may, at
				its discretion, require that final plans and specifications, certified by a
				registered civil engineer, be submitted to it for approval prior to execution
				of a construction loan contract.
(6) The term of the loan shall be as short as
				possible considering the ability of the applicant to repay the
				loan.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.3 - Loan Programs Under the Water Conservation and Water Quality Bond Law of 1986, and the Water Conservation Bond Law of 1988 and Loan and Grant Programs for Local Projects Under the Safe, Clean, Reliable Water Supply Act › Section 450.7 - Public Meeting or Election on Project Loan Debt

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				public meeting or, if required by the applicants governing law, an election on
				the proposed project loan debt must be held by the applicant before entering
				into the funding contract, unless the contract is for a feasibility study loan
				or grant. A meeting or the required election shall be conducted after the
				Department has notified the applicant of its ranking within the fundable range
				of the priority list, but before the loan contract is executed. The purpose of
				the public meeting shall be to inform the ratepayers of the project and to
				provide a forum for public comment on the means of financing the project. This
				public meeting may be combined with another public meeting which the applicant
				must hold on the project.
(b)
				Before conducting a public meeting on the project debt, the applicant shall:
(1) Establish a date for the meeting
				agreeable to the Department.
(2)
				Obtain a meeting place of sufficient size and at a convenient location to
				accommodate the anticipated audience.
(3) Notify the Department in writing at least
				thirty calendar days before the meeting, and provide reasonable notification to
				the public and the local news media at least fifteen calendar days before the
				meeting. The notice shall state: the date, time, location and purpose of the
				meeting and the location where information describing the project may be
				reviewed.
(4) At least fifteen days
				before the meeting, make available information describing the project in a form
				and location that will enable the public to review it and to make comments.
Within thirty days following the meeting or election, the
				  applicant shall submit a written report to the Department describing the
				  meeting including an assessment of support and opposition to the
				  project.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.3 - Loan Programs Under the Water Conservation and Water Quality Bond Law of 1986, and the Water Conservation Bond Law of 1988 and Loan and Grant Programs for Local Projects Under the Safe, Clean, Reliable Water Supply Act › Section 450.8 - Final Plans and Specifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each construction project shall be defined by final plans and
				  specifications. Before commencing construction, each agency having executed a
				  contract for a construction loan shall provide to the Department a
				  certification from a civil engineer, registered pursuant to California law,
				  that detailed plans and specifications have been completed in accordance with
				  the executed contract. The agency shall not commence construction before
				  notifying the Department in writing of the date construction is to
				  begin.
1. New section
				  filed 5-21-87; operative 6-20-87 (Register 87, No. 22).
2. Amendment
				  filed 9-21-90; operative 10-21-90 (Register 90, No. 44).
3.
				  Renumbering of former section
				  450.8 to new section
				  450.9 and renumbering of former
				  section 450.7 to section
				  450.8, with amendment of section
				  and NOTE, filed 1-28-98; operative 2-27-98 (Register 98, No. 5).
Note: Authority cited: Sections
					 12879.4 and
					 78680.20, Water
					 Code. Reference: Sections
					 12879.4 and
					 78680.12(b),
					 Water Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.3 - Loan Programs Under the Water Conservation and Water Quality Bond Law of 1986, and the Water Conservation Bond Law of 1988 and Loan and Grant Programs for Local Projects Under the Safe, Clean, Reliable Water Supply Act › Section 450.9 - Certification of Completion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon
				completion of the project, the agency shall provide certification by a civil
				engineer, registered pursuant to California law, that the project has been
				completed in accordance with the plans and specifications and any modifications
				thereto in accordance with the executed contract, as amended.
(b) The agency shall be responsible for
				maintaining as-built plans and specifications until the loan is repaid to the
				State.
1. Renumbering
				  of former section
				  450.8 to new section
				  450.9 filed 1-28-98; operative
				  2-27-98 (Register 98, No. 5).
Note: Authority cited: Sections
					 12879.4 and
					 78680.20, Water
					 Code. Reference: Sections
					 12879.4 and
					 78680.20, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.4 - Grant Program Under the Urban Creeks Restoration and Flood Control Act of 1985 › Section 451.2 - Program Purposes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Urban Creek Restoration Program is intended to protect, restore, and enhance
				urban creek channels by combining effective, low-cost flood control with
				preservation and enhancement of the natural environment. Its purpose is to
				reduce flooding and erosion in ways which restore the ecological viability of
				creek environments located in predominantly urban areas, thereby enhancing
				aesthetic, recreational, and fish and wildlife values.
(b) Urban creek protection, restoration and
				enhancement are best undertaken at the local level by a combination of local
				agencies and citizens' groups. Local agencies and citizens' groups have the
				greatest incentive to make the projects successful. Community participation
				reduces the cost of the projects and fosters long-term community commitment to
				maintenance of the projects and affected streams. The Urban Creek Restoration
				Program is designed to provide assistance from the State to the local
				effort.
(c) The Urban Creek
				Restoration Program is designed to contribute to the long-term enhancement and
				restoration of natural stream corridors in the State of California by
				encouraging projects which contribute to the education of the public in methods
				of stream restoration or stream corridor management and develop new techniques
				and innovative technologies in the field of stream restoration.
1. New section
				  filed 9-20-90; operative 10-10-90 (Register 90, No. 44).
Note: Authority cited: Section
					 7048, Water
					 Code. Reference: Section
					 7048, Water
					 Code, Sections
					 5907(e)(3)
					 and
					 5919,
					 Public Resources Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.4 - Grant Program Under the Urban Creeks Restoration and Flood Control Act of 1985 › Section 451.3 - Types of Projects for Which Assistance is Available

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Planning and financial assistance will be available for
				  projects designed to accomplish one or more of the objectives listed
				  below:
(a) Projects designed to
				organize and/or supervise volunteer labor to clear debris from stream channels
				and perform erosion control and bank stabilization work.
(b) Projects designed to develop and
				implement stream restoration plans.
(c) Projects designed to use bioengineering
				techniques to install plant materials, rock, netting, mulch, wood fencing,
				irrigation or drainage systems necessary to control erosion or stabilize
				banks.
(d) Projects designed to
				remove culverts or storm drains as needed to stabilize and restore channels or
				accomplish flood control objectives.
(e) Projects designed to carry out
				nonstructural flood control actions that contribute to the goal to protect,
				restore and enhance natural stream environments, including the acquisition of
				land, and the elevation, relocation and/or floodproofing of
				structures.
(f) Projects that
				utilize local community conservation corps and other nonprofit corporations for
				local stream clearance, flood mitigation and cleanup activities.
1. New section
				  filed 9-20-90; operative 10-10-90 (Register 90, No. 44).
2. New
				  subsection (f) and amendment of NOTE filed 5-21-2001; operative 6-20-2001
				  (Register 2001, No. 21).
Note: Authority cited: Section
					 7048, Water
					 Code. Reference: Sections
					 7048 and
					 79062, Water
					 Code.