California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 6 - Encroachments › Article 1 - General Provisions › Section 600.3 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  "Abatement" means action as may be necessary to remove, terminate, or alleviate
				  an unauthorized encroachment, including but not limited to demolition, removal,
				  or restoration of property.
(b)
				  "Applicant" means person or entity who has applied for an Encroachment Permit
				  from the Department.
(c) "ASTM"
				  means American Society for Testing and Materials, a globally recognized leader
				  in the development and delivery of international voluntary consensus
				  standards.
(d) "Business Days"
				  means those days when the Department offices are open to the public for
				  business transactions. Weekends, along with State and federal holidays, are not
				  business days. "Days" in these regulations mean calendar days unless, referred
				  to as "business days."
(e) "CEQA"
				  means the California Environmental Quality Act, Division 13 of the Public
				  Resources Code, Sections
				  21000
				  through
				  21174,
				  inclusive.
(f) "Department" means
				  the Department of Water Resources of The Natural Resources Agency of the State
				  of California as provided in Water Code Section
				  120.
(g) "Electrolier" means wooden, concrete or
				  steel pole supporting lamps or other lights, such as street lamps or traffic
				  signals.
(h) "Embankment" means the
				  raised compacted-earth structures that retain water and support operating roads
				  at the crest.
(i) "Emergency" means
				  any lawfully declared emergency or any circumstance determined to be an
				  emergency by the Department which is a sudden, unexpected occurrence that poses
				  a clear and imminent danger, requiring immediate action to prevent or mitigate
				  the loss or impairment of life, health, property, or essential public
				  services.
(j) "Encroachment" means
				  installation of any tower, pole, pipe, fence, building, structure, object, or
				  improvement of any kind or character that is placed in, on, under, or over any
				  portion of the State Water Project or other use of the Department's
				  right-of-way, including the alteration of the ground surface elevation by more
				  than one foot, or the planting of trees, vines, or other vegetation on the
				  Department's right-of-way that may pose a threat to the physical integrity of
				  any facility of the State Water Project or that could interfere with the
				  Department's rights with regard to access, inspection, repair or the operation
				  and maintenance of any State Water Project facility.
(k) "Encroachment Permit" means the
				  Department's written authorization for an alteration, improvement,
				  encroachment, excavation, use or activity within the Department's right-of-way
				  that is not inconsistent with the function, operation, maintenance,
				  enlargement, and rehabilitation of any portion of the facilities of the State
				  Water Project. An 'Encroachment Permit' is revocable and non-transferable and
				  can only be modified or transferred with the written approval of the
				  Department.
(l) "FERC" means the
				  Federal Energy Regulatory Commission which issues licenses for power
				  generation.
(m) "Joint-Use
				  Facilities" means those facilities of the State Water Project which are jointly
				  owned, operated, and maintained by the State and the United States Bureau of
				  Reclamation.
(n) "Member" as it
				  relates to bridge construction means an individual angle, beam, plate, or built
				  piece intended to become an integral part of an assembly frame or
				  structure.
(o) "Milepost" means the
				  distance designated along the State Water Project in miles identifying each
				  project feature such as aqueduct pool, control structure, plant, reservoir
				  outlet, and manhole starting from the beginning of the system.
(p) "Permittee" means any person or entity
				  who has obtained an Encroachment Permit from the Department.
(q) "Person" means any person, firm,
				  partnership, association, corporation, other business entity, nonprofit
				  organization, or governmental entity.
(r) "Potable" means water that meets the
				  drinking water standards as defined in Sections
				  116270 through
				  116293, inclusive, of the
				  California Health and Safety Code.
(s) "Reclamation" means the United States
				  Bureau of Reclamation, Department of the Interior as described in the
				  "Agreement between the United States of America and the Department of Water
				  Resources of the State of California for the Construction and Operation of the
				  Joint-Use Facilities of the San Luis Unit" (REV December 30, 1961), hereby
				  incorporated by reference.
(t)
				  "Right-of-Way" means any property interest acquired by the Department for State
				  Water Project purposes, including but not limited to, an easement, license,
				  permit, agreement, or fee ownership.
(u) "Safety Plan" means the implementation of
				  an Injury and Illness Prevention Program in accordance with Section
				  1509 Title 8, Article 3,
				  Subchapter 4, of California Code of Regulations.
(v) "State Water Contractor" means a public
				  agency that has a long-term water supply contract with the Department of Water
				  Resources for the delivery of water pursuant to subdivision (b) of Section
				  12937 of the
				  Water Code.
(w) "State Water
				  Resources Development System" hereinafter referred to as the State Water
				  Project or SWP, means the State Water Resources Development System as described
				  in Section
				  12931 and Section
				  12934(d)
				  of the Water Code, including, but not limited to, all portions of the project
				  authorized pursuant to the Central Valley Project Act (Part 3 commencing with
				  Section 11100).
(x) "Unauthorized Encroachment" means any
				  alteration, improvement, encroachment, excavation, use or activity within the
				  State Water Project right-of-way acquired for the State Water Project without
				  an encroachment permit or agreement from the Department authorizing such
				  encroachment, use or activity.
1. New
					 section filed 4-22-2015; operative 7-1-2015 (Register 2015, No. 17).
Note: Authority cited: Section
						12899.9, Water
						Code. Reference: Sections
						120,
						12931,
						12934(d),
						11100,
						12899,
						12899.1(a),
						12899.1(c),
						12899.5(b),
						12899.5(e),
						12899.8(e),
						12899.10 and
						12899.11(a),
						Water Code; and Sections
						21000-
						21174,
						Public Resources Code.