reglab/statecodes huggingface dataset:
California Code of Regulations › Title 23 - Waters › Division 1.5 - General Provisions › Article 3 - Types of Regulations › Section 221 - Designated Floodway Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Since the flood hazard in the designated floodway is usually
				  very great due to the greater depth and higher velocity of floodflows,
				  permitted uses should be carefully considered.
(a) Uses may include those open space uses
				which require no structures, landfill, or stream channel alteration,
				constituting a threat to life or significantly affecting the carrying capacity
				of the floodway.
(b) Permitted uses
				may include crop arming, truck gardening, livestock grazing, and similar
				agricultural or recreational uses.
(c) Uses may be restricted on an interim
				basis prior to project construction so long as permanent regulations are
				adopted within one year after being advised that necessary regulations must be
				established.
(d) Use regulation
				must provide that no buildings or structures shall be constructed, altered,
				moved within or into the designated floodway, which will endanger life or
				significantly restrict the carrying capacity of the floodway.
1. Amendment
				  of subsection (c) filed 8-20-74; effective thirtieth day thereafter (Register
				  74, No. 34).
California Code of Regulations › Title 23 - Waters › Division 1.5 - General Provisions › Article 3 - Types of Regulations › Section 222 - Restrictive Zone Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Order of
				  Repeal filed 6-3-85 by OAL pursuant to Government Code Section
				  11349.7;
				  effective thirtieth day thereafter (Register 85, N. 26).
California Code of Regulations › Title 23 - Waters › Division 1.5 - General Provisions › Article 4 - Review of Proposed Regulations › Section 230 - Types of Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A public agency may, pursuant to Water Code Section
				  8403, request
				  that the Department or Board review its proposed flood plain management
				  regulations. Regulations prepared as a condition to receiving state financial
				  assistance, pursuant to Water Code Section
				  8411, must be
				  submitted to and approved by the Department or Board.
California Code of Regulations › Title 23 - Waters › Division 1.5 - General Provisions › Article 4 - Review of Proposed Regulations › Section 231 - Priority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Priority of review will be given to review of those
				  regulations prepared to satisfy the statutory requirement for receiving state
				  financial assistance in connection with federal projects.
California Code of Regulations › Title 23 - Waters › Division 1.5 - General Provisions › Article 4 - Review of Proposed Regulations › Section 232 - Mandatory Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Proposed regulations prepared pursuant to Water Code Section
				  8411 should
				  define the area to be regulated. These regulations, accompanied by any other
				  data reasonably required for complete review, must be submitted to the
				  Department or Board for approval.
1. Amendment
				  filed 8-20-74; effective thirtieth day thereafter (Register 74, No. 34).
California Code of Regulations › Title 23 - Waters › Division 1.5 - General Provisions › Article 4 - Review of Proposed Regulations › Section 233 - Voluntary Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Flood Plain Management regulations submitted for state review
				  pursuant to Water Code Section
				  8403 must be
				  accompanied by all of the supporting data upon which such regulations are
				  based. These data shall include necessary hydrologic studies, flood routings,
				  maps, and surveys adequate to properly delineate flood plain categories. The
				  review of proposed regulations submitted by local agencies under this section
				  will include a study of the local agency's selected flood.
1. Amendment
				  filed 8-20-74; effective thirtieth day thereafter (Register 74, No. 34).
California Code of Regulations › Title 23 - Waters › Division 1.5 - General Provisions › Article 5 - Studies to Support Regulations › Section 240 - Responsibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Public agencies shall be responsible for (1) the acquisition
				  of all hydrologic data, including development of flood routing information, (2)
				  the conduct of land surveys to properly delineate flood plain categories, and
				  (3) the acquisition or development of any other materials or studies, necessary
				  to promulgate and legally support valid flood plain land use
				  regulations.
1. Amendment
				  filed 4-13-73; effective thirtieth day thereafter (Register 73, No.
				  15).
2. Amendment filed 8-20-74; effective thirtieth day thereafter
				  (Register 74, No. 34).
California Code of Regulations › Title 23 - Waters › Division 1.5 - General Provisions › Article 5 - Studies to Support Regulations › Section 241 - Studies by the Department or Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Department or Board may conduct the activities required by Section
				240 if so requested by a public
				agency.
(b) In conducting such
				activities, the Department or Board will be guided by the criteria of the
				public agency, if the criteria is reasonable under the circumstances and
				generally consistent with accepted practice.
(c) The costs of conducting such activities
				shall be borne by the local agency making the request.
1. Amendment
				  of subsections (a) and (b) filed 8-20-74; effective thirtieth day thereafter
				  (Register 74, No. 34).
California Code of Regulations › Title 23 - Waters › Division 1.5 - General Provisions › Article 5 - Studies to Support Regulations › Section 242 - Application for Study

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Order of
				  Repeal filed 6-3-85 by OAL pursuant to Government Code Section
				  11349.7;
				  effective thirtieth day thereafter (Register 85, No. 26).
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 1 - General Provisions › Section 301 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this subchapter, the terms "dam," "reservoir,"
					 "owner," "alteration," "enlargement," and "water storage elevation" shall have
					 the meanings given in Sections
					 6002 and
					 6004.5 through
					 6008 of the
					 Water Code.
1. Repealer
					 of Subchapter 1 (Sections
					 301 through
					 383) and new Subchapter 1
					 (Sections 301 through
					 318) filed 3-15-66; effective
					 thirtieth day thereafter (Register 66, No. 7). For prior history, see Register
					 58, No. 7, and 59, No. 19.
2. Amendment of subsections (b) and (d)
					 filed 2-5-70; effective thirtieth day thereafter (Register 70, No.
					 6).
3. New subsections (e), (f), (g) and (h) filed 7-18-78;
					 effective thirtieth day thereafter (Register 78, No. 29).
4.
					 Amendment filed 8-4-83; effective thirtieth day thereafter (Register 83, No.
					 32).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Sections
						6002-
						6008, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 1 - General Provisions › Section 302 - Purpose and Effect of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The regulations in this subchapter are not intended to
					 limit the authority of the department to act under the police power of the
					 state to the extent authorized by law, when necessary to protect life and
					 property from a dam or reservoir which constitutes, or which may constitute a
					 danger to life and property, and they shall not be interpreted as depriving the
					 department of such authority.
1. Amendment
					 filed 7-18-78; effective thirtieth day thereafter (Register 78, No.
					 29).
2. Amendment filed 12-15-83; effective thirtieth day thereafter
					 (Register 83, No. 51).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Sections
						6075,
						6081 and
						6110, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 1 - General Provisions › Section 303 - Evidence of Water Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  department will not issue a written approval to commence construction or
				  enlargement of a dam or reservoir until the applicant or owner demonstrates
				  evidence of adequate water rights in accordance with the requirements of this
				  section.
(b) The applicant or owner
				  shall provide the department with either:
(1)
				  A copy of an entitlement to the use of water issued by the State Water
				  Resources Control Board pursuant to Division 2, Part 2 (commencing with Section
				  1200) of the Water Code;
				  or
(2) If the right to divert or
				  use water does not depend on an entitlement identified in subsection (1) above,
				  a statement of the legal basis of the right.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 1 - General Provisions › Section 304 - Civil Engineering Plans and Specifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Plans and specifications which are submitted to the
					 department shall be prepared by, or under the direction of, a civil engineer
					 who is registered pursuant to California law and authenticated by him as
					 provided in the Business and Professions Code, or be prepared by such other
					 person as may be permitted under the provisions of said code to prepare such
					 plans and specifications, in which case satisfactory evidence of such other
					 person's right to so act shall be submitted to the department when the plans
					 and specifications are submitted.
1. Amendment
					 filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Section
						6206, Water
						Code; and Sections
						6371,
						6374-
						6375,
						Business and Professions Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 1 - General Provisions › Section 305 - Civil Engineering Supervision of Construction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The work of construction, enlargement, repair, alteration
					 or removal of a dam or reservoir shall be under the responsible charge of a
					 civil engineer who is registered pursuant to California law or of such other
					 person as may be permitted under the provisions of the Business and Professions
					 Code to assume responsible charge of such work.
1. Amendment
					 filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Section
						6206, Water
						Code; Sections
						6371,
						6374-
						6375,
						Business and Professions Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 1 - General Provisions › Section 306 - Information Request

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  department, in carrying out the provisions of Water Code, Division 3, Part 1,
				  may require any owner to furnish and transmit, upon reasonable notice, to the
				  designated offices of the department any information, including results from
				  required investigations, relating to the dam or suspected dam, including those
				  relating to its ownership, control, operations, management, maintenance,
				  construction, and compliance with provisions of Water Code, Division 3, Part 1
				  and implementing regulations.
(b) A
				  "suspected dam" is a structure that has a reasonable likelihood of meeting the
				  definition of a dam in Water Code section
				  6002. The
				  department will make this determination based on available information,
				  including but not limited to the following:
(1) Aerial imagery.
(2) In-person observations.
(3) Plans and specifications for the
				  structure.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 2 - Applications for Construction, Enlargement, Repair, Alteration, or Removal of Dams or Reservoirs › Section 310 - Applications for Construction or Enlargement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  This section shall apply to applications for the department's approval of plans
				  and specifications for the construction or enlargement of dams and
				  reservoirs.
(b) Applications for
				  construction or enlargement of a dam and reservoir shall be made on printed
				  forms provided by the department. The department shall also provide written
				  instructions for completing the application.
(c) The amount of information required will
				  depend on factors such as the size of the proposed dam and reservoir, potential
				  hazards, hydrology of the watershed, complexity of the site and proximity to
				  active faults.
(d) Plans, maps,
				  specifications and other information required for an application shall be
				  provided in sufficient clarity and detail to be readily interpreted and
				  studied, and to permit an adequate evaluation of the safety of the proposed
				  work.
(e) The department may
				  require the filing of any information, in addition to that specified in this
				  section which, in its opinion, it considers necessary to determine the safety
				  of the dam and reservoir.
(f) In
				  addition to the information required by Water Code Sections
				  6201-
				  6206, and
				  subsections (b)-(e), an application shall also include the following:
(1) Evidence of water rights, as required by
				  Section 303.
(2) Information necessary to enable the
				  department to comply with the requirements of the California Environmental
				  Quality Act (Public Resources Code Sections
				  21000-
				  21174).
				  This information shall be either:
(A) a copy
				  of the environmental impact report (EIR) or negative declaration prepared by a
				  lead agency, or evidence that a lead agency is preparing or will prepare
				  environmental documentation, or
(B)
				  data and information necessary for the department to act as a lead agency to
				  prepare environmental documentation, where it is required by law to do
				  so.
(3) Where the
				  department acts as a responsible agency, the lead agency's EIR or negative
				  declaration must be submitted to the State Clearinghouse.
(4) The fee as required by Water Code Section
				  6300, as made
				  specific by Section
				  314 of this subchapter.
(5) For the construction or enlargement of
				  dams that the department classifies as significant, high, or extremely high
				  hazard potential, inundation maps and other requirements described in sections
				  335 to
				  335.20 for the dam and all
				  critical appurtenant structures.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 2 - Applications for Construction, Enlargement, Repair, Alteration, or Removal of Dams or Reservoirs › Section 310.1 - Criteria for Determining Completeness. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 7-18-78; effective thirtieth day thereafter (Register 78, No.
					 29.).
2. Repealer and new section filed 8-4-83; effective thirtieth
					 day thereafter (Register 83, No. 32).
3. Renumbering and amendment
					 of section
					 310.1 to section
					 311 filed 12-8-83 (Register 91,
					 No. 24).
4. Editorial correction restoring section
					 310.1 dropped in earlier printing
					 (Register 91, No. 24).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Section
						65941,
						Government Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 2 - Applications for Construction, Enlargement, Repair, Alteration, or Removal of Dams or Reservoirs › Section 310.2 - Criteria for Determining Completeness. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 7-18-78; effective thirtieth day thereafter (Register 78, No.
					 29).
2. Repealer filed 8-4-83; effective thirtieth day thereafter
					 (Register 83, No. 32).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Sections
						65920-
						65957,
						Government Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 2 - Applications for Construction, Enlargement, Repair, Alteration, or Removal of Dams or Reservoirs › Section 310.3 - Determination of Completeness. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 7-18-78; effective thirtieth day thereafter (Register 78, No.
					 29).
2. Repealer filed 8-4-83; effective thirtieth day thereafter
					 (Register 83, No. 32).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Sections
						65920-
						65957,
						Government Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 2 - Applications for Construction, Enlargement, Repair, Alteration, or Removal of Dams or Reservoirs › Section 311 - Criteria for Determining Completeness

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Applications will be considered complete when the department has received the
				  completed, signed application form, the information and fee required in Water
				  Code sections
				  6201 and
				  6206 and
				  section 310(d)-(f), and
				  the fee required by sections
				  6300-
				  6302 of the
				  Water Code.
(b) The department on
				  its own motion may waive any information required for a complete application,
				  including but not limited to the requirements of section
				  303 where it determines that it
				  has sufficient information to commence and complete a review within applicable
				  time limits, and that all requirements for issuance of an approval will be met
				  within such time limits.
(c) The
				  requirements published by the department pursuant to section
				  310(c) shall set
				  forth the procedures that the department will follow to review an
				  application.
(d) Failure to comply
				  with a request for information pursuant to such procedures within a reasonable
				  time and in a reasonably responsive manner shall be cause for the department to
				  disapprove the application.
1. Editorial
					 correction renumbering of former section
					 311 to section
					 312 and renumbering of former
					 section 310.1 to section
					 311 filed 12-8-83 (Register 83,
					 No. 50). For prior history, see Register 83, No. 32.
2. Editorial
					 correction of HISTORY (Register 91, No. 24).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Section
						65941,
						Government Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 2 - Applications for Construction, Enlargement, Repair, Alteration, or Removal of Dams or Reservoirs › Section 312 - Standard Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  following are standard terms and conditions included in any approval of a dam
				  safety application:
(1) Construction work
				  shall be started within one year from date of approval.
(2) No foundations or abutments shall be
				  covered by the material of the dam until the Department has been given an
				  opportunity to inspect and approve the same.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 2 - Applications for Construction, Enlargement, Repair, Alteration, or Removal of Dams or Reservoirs › Section 313 - Automatic Approval of Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applications approved in accordance with Government Code
					 section
					 65956
					 shall contain the terms and conditions set forth in section
					 311. Such approvals may be revoked
					 or modified at any time and under any conditions which would apply to any other
					 approval granted under Division 3, Part 1 of the Water Code.
1. Editorial
					 correction renumbering former section
					 313 to section
					 314 and renumbering of former
					 section 312 to section
					 313 filed 12-8-83 (Register 83,
					 No. 50). For prior history, see Register 83, No. 32.
2. Editorial
					 correction of HISTORY and removal of duplicate HISTORY (Register 91, No.
					 24).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Section
						65956,
						Government Code; and Sections
						6260-
						6267, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 2 - Applications for Construction, Enlargement, Repair, Alteration, or Removal of Dams or Reservoirs › Section 314 - Filing Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Amount of Fee. The estimated cost of the dam and reservoir or enlargement as
				  specified in section
				  6302 of the
				  Water Code shall include engineering, geologic, surveying, construction
				  supervision, and administrative costs.
1. Editorial
					 correction renumbering former section
					 314 to section
					 315 and renumbering of former
					 section 313 to section
					 314 filed 12-8-83 (Register 83,
					 No. 50). For prior history, see Register 83, No. 32.
2. Editorial
					 correction of HISTORY (Register 91, No. 24).
Note: Authority cited: Section
						21082,
						Public Resources Code; Section
						6078, Water
						Code. Reference: Section
						21089,
						Public Resources Code; Sections
						6301-
						6305, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 3 - Annual Fee › Section 315 - Annual Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Determination of Amount. The department shall determine the amount of the fee
				  in accordance with section
				  6307 of the
				  Water Code to cover its costs expended each fiscal year for the statewide
				  regulation of dam safety pursuant to Water Code, Division 3, Part 1. The
				  revenue generated from annual fees generally supports the following:
				  maintenance inspections and surveillance monitoring; reevaluation studies of
				  existing dams and their appurtenances; inundation map reviews and emergency
				  preparedness; emergency and incident response; implementation of dam safety
				  best practices; enforcement actions; public inquires and dam owner education;
				  budgetary loan repayments; and a prudent reserve for economic uncertainties.
				  The annual fee shall cover the fiscal year period July 1 through June 30 and be
				  calculated in accordance with this section. Each owner shall be informed of the
				  amount of the fee by April 30 of each year for fees that will be effective on
				  July 1, except for Fiscal Year 2019/20, in which owners will be notified by May
				  15, 2019.
(1) Annual Fee Revenue (AFR) is the
				  amount of funds that shall be collected on a fiscal-year basis to cover the
				  costs of the Dam Safety Program. Annual Fee Revenue is equal to the Required
				  Revenue (RR) less the Filing Fee Revenue (FFR), and adjusted for True-up, as
				  shown in the following formula:
AFR = RR - FFR + True-up
(A) Required Revenue (RR) equals the total
				  amount of funds required to cover the entire costs of implementation of the Dam
				  Safety Program each fiscal year. RR is based on the number of personnel
				  positions, including salaries and wages, and staff benefits; operating
				  expenses; contractual obligations; overhead costs; and all other direct costs,
				  as approved in the California Budget Act for that fiscal year.
(B) Filing Fee Revenue (FFR) equals the
				  amount of funds earned, in the current fiscal year, from application filing
				  fees imposed pursuant to section
				  314.
(C) True-up refers to the excess or shortfall
				  in the actual revenue collected or used in the prior fiscal year and shall be
				  carried over to the next fiscal year's calculation of the total revenue
				  requirement.
(D) Dam Safety Program
				  refers to the department's statewide regulation of dam safety implemented
				  pursuant to Water Code, Division 3, Part 1.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 3 - Annual Fee › Section 316 - Inoperative Dams

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A dam will be considered inoperative for annual fee
					 purposes on other than a temporary basis upon determination by the department.
					 In making its determination that a dam is inoperative, the department must find
					 that both of the following circumstances with respect to the dam and its
					 appurtenances are met:
(a) Alteration
				  of the outlet facilities, as approved by the department, to remove gates,
				  valves controls, or other means to assure maximum possible uncontrolled water
				  release through the outlet works.
(b) Absence of water impounding capability of
				  the reservoir under reasonably foreseeable conditions, taking into account the
				  size of the drainage area, maximum possible inflow, and maximum possible
				  outflow through the outlet works.
The department may determine that a dam is no longer
					 inoperative when an investigation reveals that conditions that rendered the dam
					 inoperative have changed. In this event, the dam will be considered operative
					 on the date when such determination is made.
1. Editorial
					 correction renumbering former section
					 315 to section
					 316 filed 12-8-83 (Register 83,
					 No. 50). For history of former section
					 316, see Register 70, No. 6. For
					 prior history, see Register 83, No. 32.
2. Editorial correction of
					 HISTORY (Register 91, No. 24).
3. Amendment of section and NOTE
					 filed 3-26-2018 as an emergency; operative 3-26-2018 (Register 2018, No. 13). A
					 Certificate of Compliance must be transmitted to OAL by 9-24-2018 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Amendment of section and NOTE refiled 9-20-2018 as an
					 emergency; operative 9-25-2018 (Register 2018, No. 38). A Certificate of
					 Compliance must be transmitted to OAL by 12-24-2018 or emergency language will
					 be repealed by operation of law on the following day.
5. Amendment
					 of section and NOTE refiled 12-19-2018 as an emergency; operative 12-25-2018
					 pursuant to Government Code section
					 11346.1(d)
					 (Register 2018, No. 51). A Certificate of Compliance must be transmitted to OAL
					 by 3-25-2018 or emergency language will be repealed by operation of law on the
					 following day.
6. Certificate of Compliance as to 12-19-2018 order,
					 including amendment of section and NOTE, transmitted to OAL 3-21-2019 and filed
					 5-1-2019; amendments operative 5-1-2019 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2019, No. 18).
Note: Authority cited: Sections
						6078 and
						6307, Water
						Code. Reference: Sections
						6002,
						6002.5,
						6005,
						6006,
						6007,
						6102.5,
						6307 and
						6309, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 3 - Annual Fee › Section 317 - Preparation of Application for Repair or Alteration. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (c) filed 1-25-79; effective thirtieth day thereafter (Register
					 79, No. 4). For prior history, see Register 78, No. 29.
2. Repealer
					 filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
Note: Authority cited: Section
						21082,
						Public Resources Code; Section
						6078, Water
						Code. Reference: Section
						21089,
						Public Resources Code; Sections
						6301-
						6305, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 3 - Annual Fee › Section 318 - Preparation of Application for Removal. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 subsection (b) filed 4-13-73; effective thirtieth day thereafter (Register 73,
					 No. 15).
2. Amendment of subsection (a) filed 7-18-78; effective
					 thirtieth day thereafter (Register 78, No. 29).
3. Amendment of
					 subsection (b) filed 1-25-79; effective thirtieth day thereafter (Register 79,
					 No. 4).
4. Repealer filed 8-4-83; effective thirtieth day thereafter
					 (Register 83, No. 32).
Note: Authority cited: Section
						21082,
						Public Resources Code; Section
						6078, Water
						Code. Reference: Section
						21089,
						Public Resources Code; Sections
						6301-
						6305, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 3 - Annual Fee › Section 319 - Annual Fee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 2-5-70; effective thirtieth day thereafter (Register 70, No.
					 6).
2. Renumbering and amendment of Section
					 319 to Section
					 314 filed 8-4-83; effective
					 thirtieth day thereafter (Register 83, No. 32).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Section
						161, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 4 - Small Dams Review Board › Section 320 - Small Dams Review Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the Department there shall be a Small Dams Review Board
					 consisting of a chairperson who shall be the Division Chief, Division of Design
					 and Construction; a qualified engineer or geologist appointed by the Division
					 Chief, Division of Safety of Dams; and, for each review, a consulting engineer
					 who would be agreed upon by the Department and the dam owner.
1. New
					 Article 3 (Sections
					 330-335) filed 5-28-76; effective
					 thirtieth day thereafter (Register 76, No. 22).
2. Renumbering of
					 former Section
					 320 to Section
					 315 and renumbering and amendment
					 of former Section
					 330 to Section
					 320 filed 8-4-83; effective
					 thirtieth day thereafter (Register 83, No. 32).
3. Editorial
					 correction renumbering former Article 3 (Sections
					 320-325) to Article 4 (Sections
					 320-325) filed 12-8-83 (Register
					 83, No. 50).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Section
						6054, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 4 - Small Dams Review Board › Section 321 - Scope of Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Board shall be convened upon the request of any owner of a small dam or
				  proposed small dam to review any decision or order of the department respecting
				  any technical standard, study requested, engineering requirement or other
				  technical matter required by the department where the owner disputes the basis
				  for such requirement, the need for such requirement, or the facts found by the
				  department.
(b) No review shall be
				  undertaken if, in the opinion of the department, there exists an immediate
				  hazard to life or property. This subsection shall not be construed to bar a
				  Small Dams Review Board proceeding after, in the judgment of the department, an
				  immediate hazard to life and property no longer exists.
1.
					 Renumbering and amendment of former Section
					 331 to Section
					 321 filed 8-4-83; effective
					 thirtieth day thereafter (Register 83, No. 32).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Section
						6054, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 4 - Small Dams Review Board › Section 322 - Small Dam Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Small Dam" means any dam less than 25 feet in height with
					 a reservoir storage less than 2,000 acre-feet.
1.
					 Renumbering and amendment of former Section
					 332 to Section
					 322 filed 8-4-83; effective
					 thirtieth day thereafter (Register 83, No. 32).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Sections
						6054 and
						6055, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 4 - Small Dams Review Board › Section 323 - Time to Request Board Review; Filing Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  owner must request board review within 60 days of the disputed departmental
				  action. The request must be made to the Division Chief, Division of Safety of
				  Dams and must state the facts and circumstances on which such owner bases his
				  grievance.
(b) The owner shall
				  remit, at the time the grievance is filed, the amount of $250 to partially
				  defray the cost and expense of the Board.
(c) If the Board meets for more than one day,
				  the department shall bill the owner for its additional costs incurred for
				  subsequent days.
1.
					 Renumbering and amendment of former Section
					 333 to Section
					 323 filed 8-4-83; effective
					 thirtieth day thereafter (Register 83, No. 32).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Sections
						6054 and
						6055, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 4 - Small Dams Review Board › Section 324 - Time and Conduct of Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board shall review the owner's grievance promptly after
					 such grievance is filed. The review shall be conducted in an informal manner.
					 The Board shall consider all relevant information and data presented by the
					 owner, his engineer, or any other person.
1.
					 Renumbering of former Section
					 334 to Section
					 324 filed 8-4-83; effective
					 thirtieth day thereafter (Register 83, No. 32).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Section
						6054, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 4 - Small Dams Review Board › Section 325 - Findings of the Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Based upon information and data secured during the review,
					 the Board shall refer its findings to the Division Chief, Division of Safety of
					 Dams, regarding the matter which led to the grievance. Decisions made by the
					 Division Chief shall be final.
1.
					 Renumbering and amendment of former Section
					 335 to Section
					 325 filed 8-4-83; effective
					 thirtieth day thereafter (Register 83, No. 32).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Section
						6054, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 5 - Dams Owned by the Department of Water Resources › Section 330 - Consulting Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to Section
					 6056 of the
					 Water Code, the Department shall retain a board of three consultants to report
					 to the Director on the Safety of Dams owned by the department.
1. New
					 Article 4 (Sections
					 340-343) filed 3-18-77 as
					 procedural and organizational; effective upon filing (Register 77, No.
					 12).
2. Renumbering and amendment of former Section
					 330 to Section
					 320 and renumbering and amendment
					 of former Section
					 340 to Section
					 330 filed 8-4-83; effective
					 thirtieth day thereafter (Register 83, No. 32). For prior history, see Register
					 76, No. 22.
3. Editorial correction renumbering former Article 4
					 (Sections 330-333) to Article 5 (Sections
					 330-333) filed 12-8-83 (Register
					 83, No. 50).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Section
						6056, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 5 - Dams Owned by the Department of Water Resources › Section 331 - Scope of Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The consulting board shall make independent findings with
					 regard to conditions which may affect the safety of the dam and reservoir as
					 specified in Section
					 6081 of the
					 Water Code, and the board shall also make independent findings that the dam is
					 safe to impound water, as specified in Section
					 6355 of the
					 Water Code.
1.
					 Renumbering and amendment of former Section
					 331 to Section
					 321 and renumbering and amendment
					 of former Section
					 341 to Section
					 331 filed 8-4-83; effective
					 thirtieth day thereafter (Register 83, No. 32). For prior history, see Register
					 77, No. 33.
Note: Authority cited: Section
						6078, Water
						Code. Reference: Sections
						6056,
						6081 and
						6355, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 5 - Dams Owned by the Department of Water Resources › Section 332 - Actions for Which Board is Retained

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  department shall retain a consulting board:
(1) To review the adequacy of the design of a
				  dam and reservoir the department proposes to construct, or
(2) To review the safety of the completed
				  construction and the terms and conditions to be included in a certificate of
				  approval for any dam owned by the department as issued, renewed or modified, no
				  later than six months following any such action.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 5 - Dams Owned by the Department of Water Resources › Section 333 - Periodic Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the times specified in Section
					 332, the department shall retain a
					 review board at least once every five years to review the operational
					 performance of department owned dams. The Federal Power Commission's five year
					 independent review may be substituted if it is comparable to the review
					 required by this article.
1.
					 Renumbering and amendment of former Section
					 333 to Section
					 323 and renumbering and amendment
					 of former Section
					 343 to Section
					 333 filed 8-4-83; effective
					 thirtieth day thereafter (Register 83, No. 32). For prior history, see Register
					 70, No. 43.
Note: Authority cited: Section
						6078, Water
						Code. Reference: Section
						6056, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 6 - Inundation Maps › Section 335 - Scope and Applicability of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Owners of state jurisdictional dams, except dams classified by the department
				  as low hazard, shall prepare inundation maps for their dams and critical
				  appurtenant structures. Dam owners are responsible for preparing and submitting
				  these documents to the department as described in this article. Approved
				  inundation maps are used to support emergency action plans that dam owners are
				  required to prepare pursuant to section
				  6161 of the
				  Water Code.
(b) The provisions of
				  this article apply to all owners of state jurisdictional dams except dams
				  classified by the department as low hazard, including those regulated pursuant
				  to Title 18, Code of Federal Regulations, Part 12.
1. New
					 article 6 (sections
					 335-335.20) and section filed
					 10-19-2017 as a deemed emergency pursuant to Water Code section
					 6162; operative
					 10-19-2017 (Register 2017, No. 42). A Certificate of Compliance must be
					 transmitted to OAL by 4-17-2018 or emergency language will be repealed by
					 operation of law on the following day.
2. New article 6 (sections
					 335-335.20) and section refiled
					 4-16-2018 as a deemed emergency pursuant to Water Code section
					 6162; operative
					 4-18-2018 (Register 2018, No. 16). A Certificate of Compliance must be
					 transmitted to OAL by 7-17-2018 or emergency language will be repealed by
					 operation of law on the following day.
3. Refiling of new article 6
					 (sections 335-335.20) and section, including
					 amendment of section and NOTE, 7-12-2018 as an emergency pursuant to Water Code
					 section
					 6162; operative
					 7-18-2018 (Register 2018, No. 28). A Certificate of Compliance must be
					 transmitted to OAL by 10-16-2018 or emergency language will be repealed by
					 operation of law on the following day.
4. Certificate of Compliance
					 as to 7-12-2018 order, including amendment of section heading and subsection
					 (a), transmitted to OAL 10-16-2018 and filed 11-29-2018; amendments effective
					 11-29-2018 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2018, No. 48).
Note: Authority cited: Sections
						6078 and
						6162, Water
						Code. Reference: Sections
						6002,
						6160 and
						6161, Water
						Code; and Title 18, Code of Federal Regulations, Part 12.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 6 - Inundation Maps › Section 335.4 - Downstream Hazard Potential Classification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  department classifies the downstream hazard potential of all state
				  jurisdictional dams based on a sunny-day loading condition as follows:
(1) Low Hazard Potential. No probable loss of
				  human life and low economic and environmental losses. Losses are expected to be
				  principally limited to the owner's property.
(2) Significant Hazard Potential. No probable
				  loss of human life but can cause economic loss, environmental damage, impacts
				  to critical facilities, or other significant impacts.
(3) High Hazard Potential. Expected to cause
				  loss of at least one human life.
(4) Extremely High Hazard Potential. Expected
				  to cause loss of at least one human life and one of the following:
(A) Result in an inundation area with a
				  population of 1,000 persons or more, or
(B) Result in the inundation of facilities or
				  infrastructure, the inundation of which poses a significant threat to public
				  safety as determined by the department on a case-by-case
				  basis.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 6 - Inundation Maps › Section 335.6 - Modeling Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The breach of the dam and critical appurtenant structures
					 and the subsequent downstream routing of the resulting breach hydrograph shall
					 be modeled in accordance with the requirements of this section. Failure
					 scenarios shall be applied separately to the dam and each critical appurtenant
					 structure. The results of the inundation model shall be used to prepare an
					 inundation map.
(a) Modeling
				  Assumptions for each Failure Scenario. A sunny-day loading condition is
				  required for the modeled breach of each dam and critical appurtenant structure.
				  A storm-induced loading condition is not required, but may be submitted in lieu
				  of a sunny-day loading condition.
(1) Each
				  failure scenario shall assume the following:
(A) The reservoir is at the maximum possible
				  storage elevation.
(B) The breach
				  height of the dam or critical appurtenant structure as defined in section
				  335.2(a)(2).
(C) Any impounded sediment shall be modeled
				  as water. In addition, a dam owner may also request to model impounded sediment
				  as provided in section
				  335.6(a)(2).