12671. The projects on the Ventura River and tributaries for flood
protection at Ventura and Ojai, California, are adopted and
authorized substantially in accordance with the recommendations of
the Chief of Engineers in House Document Numbered 323,
Seventy-seventh Congress, First Session, at an estimated cost to the
State of one hundred thirty-nine thousand dollars ($139,000).
12672. The Ventura County Flood Control District shall give
assurances satisfactory to the Secretary of War that the local
cooperation, required by Section 3 of the act of Congress approved
December 22, 1944 (Public, Numbered 534, Seventy-eighth Congress,
Second Session), will be furnished by the Ventura County Flood
Control District in connection with the flood control project adopted
and authorized in Section 12671.
12673. The project for construction of flood control protection
along the Santa Clara River, and its tributaries, is approved and
authorized substantially in accordance with the recommendations of
the Chief of Engineers in House Document No. 443, Eightieth Congress,
First Session, and authorized by act of Congress approved June 30,
1948, Public Law 858, Eightieth Congress, Second Session, at an
estimated cost to the State of such sum as may be appropriated for
state cooperation by the Legislature upon approval of the general
plan of improvement by, and the recommendation of, the department,
when funds for carrying out the project are appropriated by Congress.
12674. The Ventura County Flood Control District shall give
assurances satisfactory to the Secretary of the Army that local
cooperation, required by Section 201 of the act of Congress approved
June 30, 1948 (Public, Numbered 858, Eightieth Congress, Second
Session), will be furnished by the Ventura County Flood Control
District in connection with the flood control project adopted and
authorized in Section 12673.
12675. The Ventura County Flood Control District, in conjunction
with the War Department, shall execute the plans and projects
referred to in Sections 12671 and 12673 and exercise all powers
granted to it in the Ventura County Flood Control Act, and the
district may make such modifications and amendments to the plans as
may be necessary to execute them for the purposes of Chapters 1 and 2
of this part.
12676. The projects for the Santa Ana River Basin for the
protection of Orange County, including the projects on Lytle and
Cajon Creeks for flood protection at San Bernardino and Colton
approved in the act of Congress approved June 22, 1936, as modified
by the act of Congress approved June 28, 1938, are adopted and
authorized substantially in accordance with the recommendations
contained in the report of the Chief of Engineers dated February 11,
1944, at an estimated cost to the State of six hundred seventy-eight
thousand dollars ($678,000).
12677. The San Bernardino County Flood Control District shall give
assurances satisfactory to the Secretary of War that the local
cooperation, required by Section 3 of the act of Congress approved
December 22, 1944 (Public, Numbered 534, Seventy-eighth Congress,
Second Session), will be furnished by the San Bernardino County Flood
Control District in connection with the flood control project
adopted and authorized in Section 12676.
12678. The San Bernardino County Flood Control District, in
conjunction with the War Department, shall execute the plans and
projects referred to in Section 12676 and exercise all powers granted
to it in the San Bernardino County Flood Control Act, and the
district may make such modifications and amendments to the plans as
may be necessary to execute them for the purposes of Chapters 1 and 2
of this part.
12678.1. The project for flood control on the Santa Ana River
Mainstem, including Santiago Creek and Oak Street Drain, is adopted
and authorized substantially in accordance with the recommendations
of the Chief of Engineers Conference Report No. 99-1013 99th
Congress, as adopted and authorized by the act of Congress approved
October 17, 1986 (Public Law 99-662, the Water Resources Development
Act of 1986), at an estimated cost to the state of the sum that may
be appropriated for state cooperation by the Legislature upon the
recommendation and advice of the department.
12678.2. The Orange County Flood Control District, the Riverside
County Flood Control and Water Conservation District, and the San
Bernardino County Flood Control District shall give assurances
satisfactory to the Secretary of the Army that the local cooperation
required by the Water Resources Development Act of 1986 (Public Law
99-662) will be furnished by the districts in connection with the
project for flood control adopted and authorized in Section 12678.1.
12678.3. The Orange County Flood Control District, the Riverside
County Flood Control and Water Conservation District, and the San
Bernardino County Flood Control District, in conjunction with the
Department of the Army, shall execute the plans and projects referred
to in Section 12678.1, may exercise all powers granted to them in
the Orange County Flood Control Act (Chapter 723 of the Statutes of
1927), the Riverside County Flood Control and Water Conservation
District Act (Chapter 1122 of the Statutes of 1945), and the San
Bernardino County Flood Control Act (Chapter 73 of the Statutes of
1939), respectively, and may make modifications and amendments to the
plans as may be necessary to execute them for purposes of Chapter 1
(commencing with Section 12570) and this chapter.
12679. The plan of improvement for flood control in the Santa Ana
River Basin is adopted and authorized substantially in accordance
with the recommendations of the Chief of Engineers in House Document
Numbered 135, Eighty-first Congress, First Session, and authorized by
act of Congress approved May 17, 1950, Public Law 516, Eighty-first
Congress, Second Session, at an estimated cost to the State of such
sum as may be appropriated for state cooperation by the Legislature
upon approval of the general plan of improvement by, and the
recommendation of, the department, when funds for carrying out the
project are appropriated by Congress.
12680. The San Bernardino County Flood Control District and the
Riverside County Flood Control and Water Conservation District shall
give assurances satisfactory to the Secretary of the Army that the
local cooperation, required by Section 201 of the act of Congress
approved May 17, 1950, Public Law 516, Eighty-first Congress, Second
Session, will be furnished by the districts in connection with the
plan of improvement for flood control adopted and authorized in
Section 12679.
12681. The San Bernardino County Flood Control District and the
Riverside County Flood Control and Water Conservation District, in
conjunction with the Department of the Army, shall execute the plan
of improvement for flood control referred to in Section 12679 and
exercise all powers granted by law to the districts, and the
districts may make such modifications and amendments to the plan as
may be necessary to execute it for the purposes of Chapters 1 and 2
of this part.
12681.1. The plan of improvement for flood control on Lytle and
Warm Creeks, San Bernardino County, is adopted and authorized
substantially in accordance with the recommendations of the Chief of
Engineers in Senate Document Numbered 53, Eighty-Ninth Congress, as
authorized by act of Congress approved October 27, 1965, Public Law
89-298, 79 Stat. 1073, Title II, the "Flood Control Act of 1965," at
a cost to the state of such sum as may be appropriated for state
cooperation by the Legislature upon the recommendation and advice of
the department. This authorization shall not be deemed to confer
preference on this project over the needs of other statewide programs
in appropriation of available funds.
12681.2. The San Bernardino County Flood Control District shall
give assurances satisfactory to the Secretary of the Army that the
local cooperation, required by the act of Congress approved October
27, 1965, Public Law 89-298, 79 Stat. 1073, Title II, the "Flood
Control Act of 1965," will be furnished by the district in connection
with the plan of improvement for flood control adopted and
authorized in Section 12681.1.
12681.3. The San Bernardino County Flood Control District, in
conjunction with the Department of the Army, shall execute the plan
of improvement for flood control referred to in Section 12681.1 and
exercise all powers granted to it in the San Bernardino County Flood
Control Act (Chapter 73, Statutes of 1939), and the district may make
such modifications or amendments to the plans as may be necessary to
execute them for the purposes of Chapters 1 (commencing with Section
12570) and 2 (commencing with Section 12639) of this part.
12682. The general comprehensive plan for flood control in the
basins of the Los Angeles and San Gabriel Rivers and Ballona Creek
are adopted and authorized as set forth in House Document Numbered
838, Seventy-sixth Congress, Third Session, and approved in the act
of Congress approved August 18, 1941, at an estimated cost to the
State of twenty-two million five hundred thousand dollars
($22,500,000).
12683. The Los Angeles County Flood Control District shall give
assurances satisfactory to the Secretary of War that the local
cooperation, required by Section 3 of the act of Congress approved
December 22, 1944 (Public, Numbered 534, Seventy-eighth Congress,
Second Session) and Section 2 of the act of Congress approved August
18, 1941 (Public, Numbered 228, Seventy-eighth Congress, First
Session), will be furnished by the Los Angeles County Flood Control
District in connection with the plan for flood control adopted and
authorized in Section 12682.
12684. The Los Angeles County Flood Control District, in
conjunction with the War Department, shall execute the plans and
projects referred to in Section 12682 and exercise all powers granted
to it in the Los Angeles County Flood Control Act, and the district
may make such modifications and amendments to the plans as may be
necessary to execute them for the purposes of Chapters 1 and 2 of
this part.
12684.2. (a) The project for flood control in the Los Angeles
County Drainage Area (LACDA), known as the LACDA project, is adopted
and authorized substantially in accordance with the approval of the
Congress of the United States as indicated in, and the report of the
Chief of Engineers dated June 30, 1992, and any supplement or
addendum to that report that results from discussions between
interested parties, as authorized by, Section 101(b) of the Water
Resources Development Act of 1990 (Public Law 101-640), at an
estimated cost to the state of the sum that may be appropriated by
the Legislature for state cooperation, upon the recommendation and
advice of the department, in an amount that may not exceed 60 percent
of the nonfederal costs of the project.
(b) The authorization of the project is contingent upon the
adoption by Los Angeles County of a plan to undertake restoration
projects, including related habitat restoration and maintenance
projects, along the entire length of the Los Angeles River and
related tributaries and to increase parkland and recreational
opportunities along that river. For the purposes of preparing and
implementing the plan, the county shall consider the comments of the
advisory committee convened pursuant to subdivision (c).
(c) The Secretary of the Resources Agency shall convene an
advisory committee, comprised of experts and representatives of
organizations involved in river restoration, habitat restoration, and
community development relating to the Los Angeles River, to provide
input to the secretary and the County of Los Angeles in the
preparation and implementation of the plan.
(d) The authorization of the project is contingent upon a
determination by the Secretary of the Resources Agency and the Los
Angeles County Board of Supervisors, after a public hearing, that the
project described in subdivision (a) is a multipurpose project that
includes, in addition to flood control features, river restoration,
wildlife and habitat restoration, or park and recreational features.
12684.4. The Los Angeles County Flood Control District shall give
assurances satisfactory to the Secretary of the Army that the local
cooperation required by the Water Resources Development Act of 1990
(Public Law 101-640), will be furnished by the district in connection
with the project for flood control adopted and authorized in Section
12684.2.
12684.6. The Los Angeles County Flood Control District, in
conjunction with the Department of the Army, shall carry out the
plans and project described in Section 12684.2 and the district may
make modifications and amendments to the plans as may be necessary to
carry out the project for the purposes of Chapter 1 (commencing with
Section 12570) and this chapter.
12684.8. The Secretary of the Resources Agency shall consult with
appropriate federal agencies to assess the desirability, feasibility,
and costs of modifying the flood control project described in
Section 12684.2, in accordance with Section 2309a of Title 33 of the
United States Code or other relevant law, to include multipurpose
features designed to maximize river habitat restoration, parkland,
and recreational opportunities consistent with flood control
objectives. The secretary shall prepare and submit a report to the
Legislature, not later than March 1, 2001, concerning the results of
the consultation.
12685. The plan of improvement for flood protection on the Pajaro
River and tributaries is adopted and authorized substantially in
accordance with the recommendations of the Chief of Engineers in
House Document Numbered 505, Seventy-eighth Congress, Second Session,
at an estimated cost to the State of two hundred ninety-four
thousand eight hundred forty dollars ($294,840).
12686. The Counties of Santa Clara, Santa Cruz, and San Benito and
the Monterey County Flood Control and Water Conservation District
shall give assurances satisfactory to the Secretary of War that the
local cooperation required by Section 3 of the act of Congress
approved December 22, 1944 (Public, Numbered 534, Seventy-eighth
Congress, Second Session), will be furnished by the counties and the
district in connection with the flood control project authorized and
adopted in Section 12685.
12687. The Counties of Santa Clara, Santa Cruz, and San Benito and
the Monterey County Flood Control and Water Conservation District, in
conjunction with the War Department, shall execute the plans and
projects referred to in Section 12685, and may make such
modifications and amendments to the plans as may be necessary to
execute them for the purposes of Chapters 1 and 2 of this part.
12687.5. (a) The state may provide subvention funds in accordance
with Section 12585.7 to the Counties of Monterey and Santa Cruz, or
to local agencies in those counties, for the project for flood
control on the Pajaro River in the Counties of Monterey and Santa
Cruz, authorized by the Flood Control Act of 1966 (Public Law
89-789), that is substantially in accordance with the recommendations
of the Chief of Engineers of the United States Army Corps of
Engineers in House Document 491, 89th Congress, as follows:
(1) At an estimated cost to the state of the sum that may be
appropriated for state cooperation by the Legislature upon the
recommendations and advice of the department.
(2) Upon a specific written determination by the department that
the project meets the requirements of Section 12582.7.
(b) The state assumes no liability for damages that may result
from the project by either of the following:
(1) Authorizing the provision of subvention funds in accordance
with this section.
(2) The appropriation by the Legislature of these subvention funds
upon the recommendations and advice of the department.
(c) A county or local agency may receive the subvention funds only
if it enters into an agreement with the department pursuant to which
the county or local agency agrees to indemnify and hold and save
harmless the state, its officers, agents, and employees for any and
all liability for damages that may result from the project.
(d) For the purposes of this section, "liability for damages"
includes, but is not limited to, liability for damages relating to
the construction or operation of the project or the failure of the
project to operate as intended.
12688. The program on the Los Angeles River Watershed is adopted
and authorized substantially in accordance with the recommendation of
the Under Secretary of Agriculture in House Document Numbered 426,
Seventy-seventh Congress, First Session, at an estimated cost to the
State of one million eight hundred eighty-two thousand dollars
($1,882,000).
12689. The Los Angeles County Flood Control District shall give the
necessary assurances that the local cooperation required by the
United States on the program mentioned in Section 12688 will be
furnished by the district. It shall be the duty of the district to
execute the plan with the United States and exercise all powers
granted to it in the Los Angeles County Flood Control Act, and the
district may make such modifications and amendments to the program as
may be necessary to execute it for the purposes of Chapters 1 and 2
of this part.
12690. The program on the Santa Ynez River Watershed is adopted and
authorized substantially in accordance with the recommendations of
the Acting Secretary of Agriculture in House Document Numbered 518,
Seventy-eighth Congress, Second Session, and approved by the act of
Congress approved December 22, 1944, Public Law 534, Seventy-eighth
Congress, Second Session, and as further authorized by act of
Congress approved May 17, 1951, Public Law 516, Eighty-first
Congress, Second Session, at an estimated cost to the State of one
hundred six thousand dollars ($106,000).
12691. The County of Santa Barbara shall give the necessary
assurances that the local cooperation required by the United States
on the program mentioned in Section 12690 will be furnished by the
county. The county shall execute the plan with the United States, and
may make such modifications and amendments to the program as may be
necessary to execute it for the purposes of Chapters 1 and 2 of this
part.
12692. Consent is hereby given to the acquisition of lands by the
United States for the purposes within the scope of Section 13 of the
act of Congress approved December 22, 1944 (Public, Numbered 534,
Seventy-eighth Congress, Second Session), in connection with the
programs adopted and authorized in Sections 12688 and 12690. There
shall be paid annually by the United States to the county in which
any land acquired may lie, a sum equal to 1 percent of the purchase
price paid for the lands, or, if not acquired by purchase, 1 percent
of their valuation at the time of their acquisition.
12693. The project on the San Diego River for flood protection at
San Diego is adopted and authorized substantially in accordance with
the recommendations of the Chief of Engineers in House Document
Numbered 635, Seventy-seventh Congress, Second Session, without cost
to the State.
12694. The work of improvement on the San Diego River and Mission
Bay, San Diego County, is adopted and authorized substantially in
accordance with the report of the Chief of Engineers dated May 8,
1946, at an estimated cost to the State of one million eight hundred
twenty-six thousand dollars ($1,826,000), and the work is found to be
a work for the control of floods.
12695. The City of San Diego shall give assurances satisfactory to
the Secretary of the Army that the local cooperation, required by
Section 1 of the act of Congress approved July 24, 1946 (Public,
Numbered 525, Seventy-ninth Congress, Second Session), will be
furnished by the city in connection with the flood control project
adopted and authorized in Section 12694.
12696. The City of San Diego, in conjunction with the Department of
the Army, shall execute the plans and projects referred to in
Section 12694, and the city may make such modifications and
amendments to the plans as may be necessary to execute them for the
purposes of Chapters 1 and 2 of this part.
12697. The project for the Conn Creek Reservoir on Conn Creek for
flood control and other purposes in the Napa River Basin is adopted
and authorized substantially in accordance with the recommendations
of the Chief of Engineers in House Document Numbered 626,
Seventy-eighth Congress, without cost to the State.
12698. The project on the Russian River for flood protection and
water conservation in Sonoma and Mendocino Counties is adopted and
authorized substantially in accordance with the recommendations of
the Chief of Engineers in House Document No. 585, Eighty-first
Congress, Second Session, as authorized by act of Congress approved
May 17, 1950, Public Law 516, Eighty-first Congress, Second Session,
at an estimated cost to the State of such sum as may be appropriated
for state cooperation by the Legislature upon the recommendation and
advice of the department, when funds for carrying out the project are
appropriated by Congress.
12699. The Sonoma County Flood Control and Water Conservation
District and the Mendocino County Russian River Flood Control and
Water Conservation Improvement District, or either such agency as
appropriate, shall give assurances satisfactory to the Secretary of
the Army that the local cooperation, required by Section 201 of the
act of Congress approved May 17, 1950 (Public Law 516, 81st Congress,
Second Session), will be furnished by the districts in connection
with the plan of flood control adopted and authorized in Section
12698.
12700. The Sonoma County Flood Control and Water Conservation
District and the Mendocino County Russian River Flood Control and
Water Conservation Improvement District, or either such agency as
appropriate, in conjunction with the Department of the Army, shall
execute the plans and projects referred to in Section 12698 and
exercise all powers granted by law to the districts, and the
districts may make such modifications and amendments to the plans as
may be necessary to execute them for the purposes of Chapters 1 and 2
of this part.
12701. The project on San Lorenzo Creek in Alameda County for flood
control and allied purposes is hereby adopted and authorized
substantially in accordance with the recommendations of the Chief of
Engineers in House Document Numbered 452, Eighty-third Congress,
Second Session, as authorized by act of Congress approved September
3, 1954, Public Law 780, Eighty-third Congress, Second Session, at an
estimated cost to the State of such sum as may be appropriated for
state cooperation by the Legislature upon the recommendation and
advice of the department, when funds for carrying out said project
are appropriated by Congress.
12702. The Alameda County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local cooperation, required by the act of Congress
approved September 3, 1954 (Public Law 780, Eighty-third Congress,
Second Session) will be furnished by the district in connection with
the plan of flood control adopted and authorized in Section 12701.
12703. The Alameda County Flood Control and Water Conservation
District, in conjunction with the Department of the Army, shall
execute the plans and projects referred to in Section 12701 and
exercise all powers granted to it in the Alameda County Flood Control
and Water Conservation District Act, and the district may make
modifications and amendments to the plans as may be necessary to
execute them for the purposes of Chapters 1 and 2 of this part.
12704. The project for flood protection on San Lorenzo River in
Santa Cruz County is adopted and authorized substantially in
accordance with the recommendations of the Chief of Engineers in
House Document Numbered 447, Eighty-third Congress, Second Session,
as authorized by act of Congress approved September 3, 1954, Chapter
1264, Public Law 780, Eighty-third Congress, Second Session (Title
II, the "Flood Control Act of 1954"), at an estimated cost to the
State of such sum as may be appropriated for state cooperation by the
Legislature upon the recommendation and advice of the department,
when funds for carrying out the project are appropriated by Congress;
provided, that the requirement that local interests make a cash
contribution to the United States equal to 8.9 percent of the project
cost, is for payment of local benefits not related to flood control,
and shall not be payable or reimbursable by the State.
12705. The City of Santa Cruz shall give assurances satisfactory to
the Secretary of the Army that the local cooperation required by the
Federal Flood Control Act of 1954 will be furnished by the city in
connection with the plan of flood control adopted and authorized in
Section 12704.
12706. The City of Santa Cruz, in conjunction with the Department
of the Army, shall execute the plans and projects referred to in
Section 12704, and the city may make such modifications and
amendments to the plans as may be necessary to execute them for the
purposes of Chapters 1 and 2 of this part.
12706.3. (a) The project for flood control on the San Lorenzo River
is adopted and authorized substantially in accordance with
congressional approval and the final report of the Chief of Engineers
dated June 30, 1994, as authorized by Section 101 (a) (5) of the
Water Resources Development Act of 1996 (P.L. 104-303), as amended,
at an estimated cost to the state of the sum that may be appropriated
for state cooperation by statute, upon the recommendation and advice
of the department.
(b) The City of Santa Cruz shall give assurances satisfactory to
the Secretary of the Army that the local cooperation required by that
final report will be furnished by the city in connection with the
project for flood control.
(c) (1) The City of Santa Cruz, in conjunction with the Department
of the Army, shall carry out the project referred to in subdivision
(a) and may make modifications and amendments to the plans as may be
necessary to carry out the plans for the purposes of Chapter 1
(commencing with Section 12750) and this chapter.
(2) Notwithstanding Section 12639, if there are any major
modifications or amendments to the plans that result in a substantial
increase in the costs to the state for any estimated cost for the
project, no money shall be reallocated by the state in aid of that
portion of the project until the revised plans have been reviewed and
approved by the department. The department shall approve the revised
plans if the department determines that the benefits of the proposed
works of improvement for the revised project will exceed the cost
thereof and that the revised project appears to be the most
economical project plan, considering construction costs, land costs,
easements and rights-of-way costs, and operation and maintenance
costs.
(d) State funding for the project is contingent on the provision
of funds for that purpose in either the annual Budget Act or a
general obligation bond act. Reimbursement of the state share of the
nonfederal costs of the project shall be for those project costs
incurred on or after October 12, 1996, the date on which the project
was authorized by Congress, as set forth in Section 101(a)(5) of the
Water Resources Development Act of 1996 (P.L. 104-303).
12707. The plan of improvement for flood control, levee, and
channel improvements on the Santa Maria River and its tributaries is
adopted and authorized substantially in accordance with the
recommendations of the Chief of Engineers in House Document Numbered
400, Eighty-third Congress, Second Session, as authorized by act of
Congress approved September 3, 1954, Public Law 780, Eighty-third
Congress, Second Session, at an estimated cost to the State of one
million two hundred sixteen thousand dollars ($1,216,000).
12708. The County of Santa Barbara shall give assurances
satisfactory to the Secretary of the Army that the local cooperation,
required by the act of Congress approved September 3, 1954 (Public
Law 780, Eighty-third Congress, Second Session), will be furnished by
the county in connection with the plan of flood control adopted and
authorized in Section 12707.
12709. The County of Santa Barbara, in conjunction with the
Department of the Army, shall execute the plans and projects referred
to in Section 12707, and may make modifications and amendments to
the plans as may be necessary to execute them for the purposes of
Chapters 1 (commencing at Section 12570) and 2 (commencing at Section
12639) of this part.
12710. The plan for channel improvements and appurtenant works for
flood control on that portion of the Truckee River and tributaries
within the State of California, is adopted and authorized
substantially in accordance with the recommendations of the Chief of
Engineers in House Document No. 497, Eighty-third Congress, Second
Session, as authorized by Act of Congress approved September 3, 1954,
Public Law 780, Eighty-third Congress, Second Session, at an
estimated cost to the State of twenty thousand dollars ($20,000).
12711. The department shall give assurances satisfactory to the
Secretary of the Army that the local co-operation required by the Act
of Congress approved September 3, 1954, Public Law 780, Eighty-third
Congress, Second Session, will be furnished by the State in
connection with the plan for flood control adopted and authorized in
Section 12710.
12712. In conformance with the duty prescribed in Section 12642, it
shall be the responsibility and duty of local public agencies, now
existing or hereafter formed, including counties and public
districts, affected by the plan for flood control adopted and
authorized in Section 12710, to give assurances satisfactory to the
Secretary of the Army and the department that such local public
agencies will maintain and operate said flood control works after
their completion and hold and save the State and the United States
free from damage due to the construction and operation of said works.
12713. The project for flood protection on the Eel River, in the
Sandy Prairie region, is adopted and authorized substantially in
accordance with the recommendations of the Chief of Engineers in
House Document Numbered 80, 85th Congress, as authorized by act of
Congress approved July 3, 1958 (Public Law 85-500, 72 Stat. 297,
Title II, the "Flood Control Act of 1958"), at such estimated cost to
the State as may be appropriated for state co-operation by the
Legislature upon the recommendation and advice of the department.
12714. The County of Humboldt shall give assurances satisfactory to
the Secretary of the Army that the local co-operation, required by
Section 201 of the Act of Congress approved July 3, 1958 (Public Law
85-500, 72 Stat. 297, Title II, the "Flood Control Act of 1958"),
will be furnished by the county in connection with the project for
flood protection adopted and authorized in Section 12713.
12715. The County of Humboldt, in conjunction with the Department
of the Army, shall execute the plans and projects referred to in
Section 12713, and may make modifications and amendments to the plans
as may be necessary to execute them for the purposes of Chapters 1
(commencing at Section 12570) and 2 (commencing at Section 12639) of
this part.
12716. The project for flood protection on Walnut Creek in Contra
Costa County is adopted and authorized substantially in accordance
with the recommendations of the Chief of Engineers in House Document
Numbered 76, 86th Congress, First Session, as authorized by Act of
Congress approved July 14, 1960 (Public Law 86-645, 74 Stat. 480,
Title II, the "Flood Control Act of 1960") at an estimated cost to
the State of such sum as may be appropriated for state co-operation
by the Legislature upon the recommendation and advice of the
department, when funds for carrying out the project are appropriated
by Congress; provided, that the requirement that local interests make
a cash contribution to the United States equal to 7.4 percent of the
project cost is for payment of local benefits not related to flood
control and shall not be payable or reimbursable by the State.
12717. The Contra Costa County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local co-operation required by the Act of Congress
approved July 14, 1960 (Public Law 86-645, 74 Stat. 480, Title II,
the "Flood Control Act of 1960"), will be furnished by the district
in connection with the project for flood control adopted and
authorized in Section 12716.
12718. The Contra Costa County Flood Control and Water Conservation
District, in conjunction with the Department of the Army, shall
execute the plans and projects referred to in Section 12716 and
exercise all powers granted to it in the Contra Costa County Flood
Control and Water Conservation District Act (Chapter 1617, Statutes
of 1951), and the district may make such modifications or amendments
to the plans as may be necessary to execute them for the purposes of
Chapters 1 (commencing with Section 12570) and 2 (commencing with
Section 12639) of this part.
12718.1. The project for flood control on Alhambra Creek in Contra
Costa County is hereby adopted and authorized substantially in
accordance with the recommendations of the Chief of Engineers in
House Document Numbered 336, 90th Congress, as adopted and authorized
by the Act of Congress approved August 13, 1968 (Public Law 90-483,
82 Stat. 731, 739, Title II, the Flood Control Act of 1968), at an
estimated cost to the state of such sum as may be appropriated for
state co-operation by the Legislature upon the recommendation and
advice of the department. This authorization shall not be deemed to
confer preference on this project over the needs of other statewide
programs in appropriations of available funds.
12718.2. The Contra Costa County Flood Control and Water
Conservation District shall give assurances satisfactory to the
Secretary of the Army that the local cooperation, required by the Act
of Congress approved August 13, 1968 (Public Law 90-483, 82 Stat.
731, 739, Title II, the Flood Control Act of 1968), will be furnished
by the district in connection with the project for flood control
adopted and authorized in Section 12718.1.
12718.3. The Contra Costa County Flood Control and Water
Conservation District, in conjunction with the Department of the
Army, shall execute the plans and projects referred to in Section
12718.1, and may make modifications and amendments to the plans as
may be necessary to execute them for the purposes of Chapters 1
(commencing with Section 12570) and 2 (commencing with Section 12639)
of this part.
12719. The project for flood protection on Tahchevah Creek,
Whitewater River Basin, at and in the vicinity of Palm Springs in
Riverside County, is adopted and authorized substantially in
accordance with the recommendations of the Chief of Engineers in
House Document Numbered 171, 86th Congress, as authorized by Act of
Congress approved July 14, 1960 (Public Law 86-645, 74 Stat. 480,
Title II, the "Flood Control Act of 1960"), at an estimated cost to
the State of such sum as may be appropriated for state co-operation
by the Legislature upon the recommendation and advice of the
department, when funds for carrying out the project are appropriated
by Congress.
12720. The Riverside County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local co-operation required by the Act of Congress
approved July 14, 1960 (Public Law 86-645, 74 Stat. 480, Title II,
the "Flood Control Act of 1960"), will be furnished by the district
in connection with the project for flood control adopted and
authorized in Section 12719.
12721. The Riverside County Flood Control and Water Conservation
District, in conjunction with the Department of the Army, shall
execute the plans and projects referred to in Section 12719 and
exercise all powers granted to it in the Riverside County Flood
Control and Water Conservation District Act (Chapter 1122, Statutes
of 1945), and the district may make such modifications or amendments
to the plans as may be necessary to execute them for the purposes of
Chapters 1 (commencing with Section 12570) and 2 (commencing with
Section 12639) of this part.
12721.5. (a) The project for flood control on the Santa Ana River
at Norco Bluffs is adopted and authorized substantially in accordance
with the final report of the Chief of Engineers of the United States
Army Corps of Engineers dated December 23, 1996, as authorized by
Section 101(b)(4) of the Water Resources Development Act of 1996
(P.L. 104-303), at an estimated cost to the state of the sum that may
be appropriated for state cooperation by the Legislature, upon the
recommendation and advice of the department.
(b) The Riverside County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local cooperation required by the final report of the
Chief of Engineers of the United States Army Corps of Engineers dated
December 23, 1996, will be furnished by the district in connection
with the project for flood control adopted and authorized in
subdivision (a).
(c) The district, in conjunction with the Department of the Army,
shall carry out the plans and project and may make modifications and
amendments to the plans as may be necessary to carry out the plans
for the purposes of Chapter 1 (commencing with Section 12570) and
this chapter.
12721.7. (a) The project for habitat restoration at Gunnerson Pond
is adopted and authorized substantially in accordance with the final
project modification report of the Chief of Engineers of the United
States Army Corps of Engineers dated October 1997, as authorized by
Section 1135 of the Water Resources Development Act of 1986 (P.L.
99-662), and as previously authorized by Section 12750, at an
estimated cost to the state of the sum that may be appropriated for
state cooperation by the Legislature upon the recommendation and
advice of the department, in an amount that may not exceed 60 percent
of the nonfederal costs of the project. The department may pay 50
percent of the nonfederal capital costs of the recreation and fish
and wildlife enhancement features of the project.
(b) The Riverside County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local cooperation required by the project modification
report of the Chief of Engineers of the United States Army Corps of
Engineers dated October 1997 will be furnished by the district in
connection with the project adopted and authorized in subdivision
(a).
(c) The district, in conjunction with the Department of the Army,
shall carry out the plans and project and may make modifications and
amendments to the plans as may be necessary to carry out the plans
for the purposes of Chapter 1 (commencing with Section 12570) and
this chapter.
12721.8. Any local entity, for the purposes of carrying out a
project authorized by Sections 12661.2, 12670.7, 12670.8, 12670.14,
12670.20, 12684.2, 12706.3, 12721.5, and 12721.5, may use, whenever
feasible, the services of the California Conservation Corps and
certified local conservation corps.
12722. The project for flood protection on Alameda Creek in Alameda
County is hereby adopted and authorized substantially in accordance
with the recommendations of the Chief of Engineers in Senate Document
Numbered 128, 87th Congress, 2d Session, as authorized by act of
Congress approved October 23, 1962, Public Law 87-874, 87th Congress,
2d Session, 76 Stat. 1173, at an estimated cost to the State of two
million four hundred thousand dollars ($2,400,000).
12723. The Alameda County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local co-operation, required by the act of Congress
approved October 23, 1962 (Public Law 87-874, 76 Stat. 1173), will be
furnished by the district in connection with the plan of flood
control adopted and authorized by Section 12722.
12724. The Alameda County Flood Control and Water Conservation
District, in conjunction with the Department of the Army, shall
execute the plans and project referred to in Section 12722 and
exercise all powers granted to it in the Alameda County Flood Control
and Water Conservation District Act, and the district may make such
modifications and amendments to the plans as may be necessary to
execute them for the purposes of Chapters 1 (commencing with Section
12570) and 2 (commencing with Section 12639) of this part.
12725. The project for Russian River, Dry Creek, California is
hereby adopted and authorized substantially in accordance with the
recommendations of the Chief of Engineers in Senate Document Numbered
128, 87th Congress, 2d Session, as authorized by act of Congress
approved October 23, 1962, Public Law 87-874, 87th Congress, 2d
Session, 76 Stat. 1173, at an estimated cost to the State of such sum
as may be appropriated for state co-operation by the Legislature
upon the recommendation and advice of the department, when funds for
carrying out said project are appropriated by Congress.
12726. The Sonoma County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local co-operation, required by the act of Congress
approved October 23, 1962 (Public Law 87-874, 76 Stat. 1173), will be
furnished by the district in connection with the plan of flood
control adopted and authorized by Section 12725.
12727. The Sonoma County Flood Control and Water Conservation
District, in conjunction with the Department of the Army, shall
execute the plans and project referred to in Section 12725 and
exercise all powers granted to it in the Sonoma County Flood Control
and Water Conservation Act, and the district may make such
modifications and amendments to the plans as may be necessary to
execute them for the purposes of Chapters 1 (commencing with Section
12570) and 2 (commencing with Section 12639) of this part.
12727.1. The project for flood control on Sonoma Creek in Sonoma
County is hereby adopted and authorized substantially in accordance
with the recommendations of the Chief of Engineers in House Document
Numbered 224, 89th Congress, as adopted and authorized by the Act of
Congress approved October 27, 1965 (Public Law 89-298, 79 Stat. 1073,
Title II, the Flood Control Act of 1965), at an estimated cost to
the state of such sum as may be appropriated for state cooperation by
the Legislature upon the recommendation and advice of the
department. This authorization shall not be deemed to confer
preference on this project over the needs of other statewide programs
in appropriations of available funds.
12727.2. The Sonoma County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local cooperation, required by the Act of Congress
approved October 27, 1965 (Public Law 89-298, 79 Stat. 1073, Title
II, the Flood Control Act of 1965), will be furnished by the district
in connection with the project for flood control adopted and
authorized in Section 12727.1.
12727.3. The Sonoma County Flood Control and Water Conservation
District, in conjunction with the Department of the Army, shall
execute the plans and projects referred to in Section 12727.1, and
may make modifications and amendments to the plans as may be
necessary to execute them for the purposes of Chapters 1 (commencing
with Section 12570) and 2 (commencing with Section 12639) of this
part.
12728. The project for flood protection on Redwood Creek in
Humboldt County is adopted and authorized substantially in accordance
with the recommendations of the Chief of Engineers in House Document
Numbered 497, 87th Congress, as authorized by Act of Congress
approved October 23, 1962 (Public Law 87-874, 76 Stat. 1173, Title
II, the "Flood Control Act of 1962"), at such estimated cost to the
state as may be appropriated for state cooperation by the Legislature
upon the recommendation and advice of the department.
12729. The County of Humboldt shall give assurances satisfactory to
the Secretary of the Army that the local cooperation, required by
the Act of Congress approved October 23, 1962 (Public Law 87-874, 76
Stat. 1173, Title II, the "Flood Control Act of 1962"), will be
furnished by the county in connection with the project for flood
protection adopted and authorized in Section 12728.
12730. The County of Humboldt, in conjunction with the Department
of the Army, shall execute the plans and projects referred to in
Section 12728, and may make modifications and amendments to the plans
as may be necessary to execute them for the purposes of Chapters 1
(commencing with Section 12570) and 2 (commencing with Section 12639)
of this part.
12731. The project for flood control construction of debris basins
and channel clearing in the Santa Barbara, California, area as
authorized by Public Law 88-635, 78 Stat. 1023, is adopted and
authorized at such cost to the state as may be appropriated for state
cooperation by the Legislature upon the recommendation and advice of
the department.
12732. The County of Santa Barbara shall give assurances
satisfactory to the Secretary of the Army that the local cooperation,
required by Section 2 of the Flood Control Act of 1938 (Public Law
761-75th Congress), will be furnished by the county in connection
with the project for flood protection adopted and authorized in
Section 12731.
12733. The County of Santa Barbara, in conjunction with the
Department of the Army, shall execute the plans and projects referred
to in Section 12731, and may make modifications and amendments to
the plans as may be necessary to execute them for the purposes of
Chapters 1 (commencing with Section 12570) and 2 (commencing with
Section 12639) of this part.
12734. The project for Corte Madera Creek, Marin County,
California, is hereby adopted and authorized substantially in
accordance with the recommendations of the Secretary of the Army and
the Chief of Engineers in House Document Numbered 545, 87th Congress,
2nd Session, as authorized by act of Congress approved October 23,
1962, Public Law 87-874, 87th Congress, 2nd Session, 76 Stat. 1173,
at an estimated cost to the state of such sum as may be appropriated
for state cooperation by the Legislature upon the recommendation and
advice of the department, when funds for carrying out said project
are appropriated by Congress; provided, that the requirement that
local interests shall contribute in cash 3 percent of the federal
construction costs of the Ross Valley unit is for payment of a local
benefit, and such cost shall not be payable or reimbursable by the
state.
12735. The Marin County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local cooperation, required by the act of Congress
approved October 23, 1962 (Public Law 87-874, 76 Stat. 1173), will be
furnished by the district in connection with the plan of flood
control adopted and authorized by Section 12734.
12736. The Marin County Flood Control and Water Conservation
District, in conjunction with the Department of the Army, shall
execute the plans and project referred to in Section 12734 and
exercise all powers granted to it in the Marin County Flood Control
and Water Conservation Act, and the district may make such
modifications and amendments to the plans as may be necessary to
execute them for the purposes of Chapters 1 (commencing with Section
12570) and 2 (commencing with Section 12639) of this part.
12737. The project for flood protection on the Klamath River at and
in the vicinity of Klamath, California, is hereby adopted and
authorized substantially in accordance with the recommendations of
the Chief of Engineers in House Document Numbered 478, 89th Congress,
as authorized by the Flood Control Act of 1966 (Title II of the act
approved November 7, 1966, Public Law 89-789, 80 Stat. 1405), at an
estimated cost to the state of such sum as may be appropriated, from
time to time, for state cooperation by the Legislature upon the
recommendation and advice of the department, to be available for
expenditure as funds for carrying out said project are appropriated
by Congress. "Lands, easements, and rights-of-way" for this project
may include lands for the relocation site of the town of Klamath.
12738. The County of Del Norte shall give assurances satisfactory
to the Secretary of the Army that the local cooperation required by
the Flood Control Act of 1966 (Public Law 89-789, 80 Stat. 1405),
will be furnished by the county in connection with the plan for flood
control purposes adopted and authorized in Section 12737.
12739. The County of Del Norte, in conjunction with the Department
of the Army, shall execute the plans and projects referred to in
Section 12737, and may make such modifications and amendments to the
plans as may be necessary to execute them for the purposes of
Chapters 1 (commencing with Section 12570) and 2 (commencing with
Section 12639) of this part. The county may acquire lands, easements,
and rights-of-way for the project, including those required for the
relocated site of the town of Klamath.
12740. The project for flood protection for the Lakeport Reservoir
on Scott Creek in Lake County is adopted and authorized substantially
in accordance with the recommendations of the Chief of Engineers in
House Document 259, 89th Congress, and adopted and authorized by the
Act of Congress approved October 27, 1965 (Public Law 89-298, 79
Stat. 1083, Title II, the Flood Control Act of 1965), at such
estimated cost to the state as may be appropriated for state
cooperation by the Legislature upon the recommendation and advice of
the department. This authorization shall not be deemed to confer
preference on this project over the needs of other statewide programs
in appropriations of available funds.
12741. The Lake County Watershed Protection District shall give
assurances satisfactory to the Secretary of the Army that the local
cooperation, required by the Act of Congress approved October 27,
1965 (Public Law 89-298, 79 Stat. 1083, Title II, the Flood Control
Act of 1965), will be furnished by the district in connection with
the project for flood protection adopted and authorized in Section
12740.
12742. The Lake County Watershed Protection District, in
conjunction with the Department of the Army, shall execute the plans
and projects referred to in Section 12740, and may make modifications
and amendments to the plans as may be necessary to execute them for
the purposes of Chapters 1 (commencing with Section 12570) and 2
(commencing with Section 12639) of this part.
12743. The project for flood protection on San Diego River (Mission
Valley), California, is hereby adopted and authorized substantially
in accordance with the recommendations of the Chief of Engineers in
House Document Numbered 212, 89th Congress, as authorized by the
Flood Control Act of 1965 (Title II of the Act approved October 27,
1965, Public Law 89-298, 79 Stat. 1073, 1084), at such estimated cost
to the state as may be appropriated for state cooperation by the
Legislature upon the recommendation and advice of the department.
This authorization shall not be deemed to confer preference on this
project over the needs of other statewide programs in appropriations
of available funds.
12743.1. The City of San Diego shall give assurances satisfactory
to the Secretary of the Army that the local cooperation required by
the act approved October 27, 1965, (Public Law 89-298, 79 Stat. 1073,
Title II, the Flood Control Act of 1965), will be furnished by the
city in connection with the project for flood protection adopted and
authorized in Section 12743.
12743.2. The City of San Diego, in conjunction with the Department
of the Army, shall execute the plans and projects referred to in
Section 12743, and may make modifications and amendments to the plans
as may be necessary to execute them for the purposes of Chapters 1
(commencing with Section 12570) and 2 (commencing with Section 12639)
of this part.
12744. The project for flood protection on the Tijuana River in
California is hereby adopted and authorized substantially in
accordance with the "Report on an International Flood Control
Project, Tijuana River Basin", prepared by the United States Section,
International Boundary and Water Commission, United States and
Mexico, and as authorized by the act approved October 10, 1966,
Public Law 89-640, 80 Stat. 884, at such estimated cost to the state
as may be appropriated for state cooperation by the Legislature upon
the recommendation and advice of the department; provided, that the
requirement that local interests pay a portion of the construction
costs, based upon land enhancement, is for payment of local benefits
not related to flood control, and shall not be payable or
reimbursable by the state. This authorization shall not be deemed to
confer preference on this project over the needs of other statewide
programs in appropriations of available funds.
12744.1. The City of San Diego shall give assurances satisfactory
to the United States that the local cooperation required by federal
legislation in connection with the project for flood protection
adopted and authorized in Section 12744 will be furnished by the
city.
12744.2. The City of San Diego, in conjunction with the Department
of the Army, shall execute the plans and projects referred to in
Section 12744, and may make modifications and amendments to the plans
as may be necessary to execute them for the purposes of Chapters 1
(commencing with Section 12570) and 2 (commencing with Section 12639)
of this part.
12745. The project for flood protection on the Sweetwater River in
the County of San Diego is adopted and authorized substantially in
accordance with the recommendations of the Chief of Engineers in
House Document Numbered 148, 90th Congress, Second Session, at such
estimated cost to the state as may be appropriated for state
cooperation by the Legislature upon the recommendation and advice of
the department. This authorization shall not be deemed to confer
preference on this project over the needs of the other statewide
programs in appropriations of available funds.
12745.1. With respect to the project authorized by Section 12745,
the County of San Diego may acquire the lands, easements and
rights-of-way for said project even though the project has not been
authorized by the Congress. In the event said lands, easements, and
rights-of-way for said project are acquired by the county in
cooperation with the State Department of Public Works along with the
lands, easements, and rights-of-way acquired by said department for
state highway purposes, the County of San Diego may make application
to the Department of Water Resources for reimbursement pursuant to
Section 12829, and reimbursement for the costs of such lands,
easements, and rights-of-way for the project may be paid after the
Congress has appropriated funds for the construction of the project.
Prior to the acquisition of any lands, easements, or rights-of-way
for the project, the County of San Diego shall execute an agreement
with the department under which it agrees to hold the state harmless
from damages due from the construction, operation, or maintenance of
the project.
12746. The project for flood protection on Tahquitz Creek in
California is hereby adopted and authorized substantially in
accordance with the recommendations of the Chief of Engineers in
House Document Numbered 223, 89th Congress, as authorized by the
Flood Control Act of 1965 (Title II of the act approved October 27,
1965, Public Law 89-298, 79 Stat. 1073, 1084), at such estimated cost
to the state as may be appropriated for state cooperation by the
Legislature upon the recommendation and advice of the department;
provided, that the requirement that local interests pay a portion of
the construction costs, based upon land enhancement, is for payment
of local benefits not related to flood control, and shall not be
payable or reimbursable by the state. This authorization shall not be
deemed to confer preference on this project over the needs of other
statewide programs in appropriations of available funds.
12746.1. The Riverside County Flood Control and Water Conservation
District shall give assurances satisfactory to the United States that
the local cooperation required by federal legislation in connection
with the project for flood protection adopted and authorized in
Section 12746 will be furnished by the district.
12746.2. The Riverside County Flood Control and Water Conservation
District, in conjunction with the Department of the Army, shall
execute the plans and projects referred to in Section 12746, and may
make modifications and amendments to the plans as may be necessary to
execute them for the purposes of Chapters 1 (commencing with Section
12570) and 2 (commencing with Section 12639) of this part.
12747. The plan of improvement for flood control and other purposes
on Cucamonga Creek in San Bernardino County is hereby adopted and
authorized substantially in accordance with the recommendations of
the Chief of Engineers in House Document Numbered 323, 90th Congress,
as adopted and authorized by the Act of Congress approved August 13,
1968 (Public Law 90-483, the "Flood Control Act of 1968"), at an
estimated cost to the state of such sum as may be appropriated for
state cooperation by the Legislature upon the recommendation and
advice of the department. This authorization shall not be deemed to
confer preference on this project over the needs of other statewide
programs in appropriation of available funds.
12747.1. The San Bernardino County Flood Control District shall
give assurances satisfactory to the Secretary of the Army that the
local cooperation, required by the Act of Congress approved August
13, 1968 (Public Law 90-483, the "Flood Control Act of 1968"), will
be furnished by the district in connection with the plan of
improvement for flood control adopted and authorized in Section
12747.
12747.2. The San Bernardino County Flood Control District, in
conjunction with the Department of the Army, shall execute the plan
of improvement for flood control referred to in Section 12747 and
exercise all powers granted to it in the San Bernardino County Flood
Control Act (Chapter 73, Statutes of 1939), and the district may make
such modifications or amendments to the plans as may be necessary to
execute them for the purposes of Chapters 1 (commencing with Section
12570) and 2 (commencing with Section 12639) of this part.
12748. The plan of improvement for flood control and other purposes
on the Napa River in Napa County is hereby adopted and authorized
substantially in accordance with the recommendations of the Chief of
Engineers in House Document Numbered 222, 89th Congress, as adopted
and authorized by the Act of Congress approved October 27, 1965
(Public Law 89-298, the "Flood Control Act of 1965"), as modified by
data in the General Design Memorandum transmitted December 8, 1970,
by the District Engineer, San Francisco District, Corps of Engineers,
to the Director of Water Resources, at an estimated cost to the
state of such sum as may be appropriated for state cooperation by the
Legislature upon the recommendation and advice of the department.
This authorization shall not be deemed to confer preference on this
project over the needs of other statewide programs in appropriation
of available funds.
The state payments on the Napa River Flood Control Project shall
be 75 percent of the costs of lands and rights or interests in lands
whereon channel improvements and channel rectifications are located,
and of lands, rights, or interests in lands necessary in connection
with the construction, operation, or maintenance of such channel
improvements or rectifications, including those necessary for flowage
purposes, spoil areas, borrow pits, or for access roads, and shall
be 90 percent of the costs of the relocation, reconstruction, or
replacement of existing improvements, structures, or utilities
rendered necessary by the project.
The local agency payments on the Napa River Flood Control Project
shall be 25 percent of the costs of lands and rights or interests in
lands whereon channel improvements and channel rectifications are
located, and of lands, rights, or interests in lands necessary in
connection with the construction, operation, or maintenance of such
channel improvements or rectifications, including those necessary for
flowage purposes, spoil areas, borrow pits or for access roads, and
shall be 10 percent of the costs of the relocation, reconstruction,
or replacement of existing improvements, structures, or utilities
rendered necessary by the project.
The local agency may receive credit against its share of the costs
of lands, easements, and rights-of-way for lands required for the
project which were acquired not more than five years prior to federal
authorization of the project. The amount of this credit shall be
determined by the department by applying the 75 percent representing
the state portion of the costs of lands, easements, and rights-of-way
to the actual costs of the local agency in the case of acquisition
by purchase or condemnation, and to the fair market value at the time
of title transfer in the case of acquisition free of charge. The
department is authorized to loan the local agency the funds necessary
to pay such local portion of the costs of lands, easements, and
rights-of-way less any credit for acquired lands granted to the local
agency by the department. Such loans may not exceed a period of 10
years and the rate of interest on such loans shall be the current
rate for the state's Pooled Money Investment Account. Such loans
shall be repaid in annual installments beginning one year after the
loan is made. Annual loan payments may be deducted from the state's
annual tax subvention to the local agency, if any. In the event that
the local agency does not receive tax subventions from the state
adequate to make the loan payment and becomes in default on the loan
payments, the local agency, notwithstanding any other provisions of
any statute limiting its tax ceiling, shall levy sufficient taxes to
repay the loan. Notwithstanding any other provisions of law, the
local agency is authorized to accept the loans authorized pursuant to
this section.
12748.1. The Napa County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local cooperation, required by the Act of Congress
approved October 27, 1965 (Public Law 89-298, the "Flood Control Act
of 1965"), will be furnished by the district in connection with the
plan of improvement for flood control adopted and authorized in
Section 12748.
12748.2. The Napa County Flood Control and Water Conservation
District, in conjunction with the Department of the Army, shall
execute the plan of improvement for flood control referred to in
Section 12748 and exercise all powers granted to it in the Napa
County Flood Control and Water Conservation District Act (Chapter
1449, Statutes of 1951), and the district may make such modifications
or amendments to the plans as may be necessary to execute them for
the purposes of Chapters 1 (commencing with Section 12570) and 2
(commencing with Section 12639) of this part.
12748.3. (a) The state may provide funds in accordance with Section
12585.7 to the City of St. Helena, or to local agencies in the
County of Napa, for the project for flood control on the Napa River
in the County of Napa authorized by Section 5054 of the federal Water
Resources Development Act of 2007 (Public Law 110-114), as follows:
(1) At an estimated cost to the state of the sum that may be
appropriated for state cooperation by the Legislature upon the
recommendations and advice of the department.
(2) Upon a specific written determination by the department that
the project meets the requirements of Section 12582.7.
(b) The state assumes no liability for damages that may result
from the project by either of the following:
(1) Authorizing the provision of funds in accordance with this
section.
(2) The appropriation by the Legislature of these funds upon the
recommendations and advice of the department.
(c) A county or local agency may receive the funds only if it
enters into an agreement with the department pursuant to which the
city or local agency agrees to indemnify and hold and save harmless
the state, its offic
12671. The projects on the Ventura River and tributaries for flood
protection at Ventura and Ojai, California, are adopted and
authorized substantially in accordance with the recommendations of
the Chief of Engineers in House Document Numbered 323,
Seventy-seventh Congress, First Session, at an estimated cost to the
State of one hundred thirty-nine thousand dollars ($139,000).
12672. The Ventura County Flood Control District shall give
assurances satisfactory to the Secretary of War that the local
cooperation, required by Section 3 of the act of Congress approved
December 22, 1944 (Public, Numbered 534, Seventy-eighth Congress,
Second Session), will be furnished by the Ventura County Flood
Control District in connection with the flood control project adopted
and authorized in Section 12671.
12673. The project for construction of flood control protection
along the Santa Clara River, and its tributaries, is approved and
authorized substantially in accordance with the recommendations of
the Chief of Engineers in House Document No. 443, Eightieth Congress,
First Session, and authorized by act of Congress approved June 30,
1948, Public Law 858, Eightieth Congress, Second Session, at an
estimated cost to the State of such sum as may be appropriated for
state cooperation by the Legislature upon approval of the general
plan of improvement by, and the recommendation of, the department,
when funds for carrying out the project are appropriated by Congress.
12674. The Ventura County Flood Control District shall give
assurances satisfactory to the Secretary of the Army that local
cooperation, required by Section 201 of the act of Congress approved
June 30, 1948 (Public, Numbered 858, Eightieth Congress, Second
Session), will be furnished by the Ventura County Flood Control
District in connection with the flood control project adopted and
authorized in Section 12673.
12675. The Ventura County Flood Control District, in conjunction
with the War Department, shall execute the plans and projects
referred to in Sections 12671 and 12673 and exercise all powers
granted to it in the Ventura County Flood Control Act, and the
district may make such modifications and amendments to the plans as
may be necessary to execute them for the purposes of Chapters 1 and 2
of this part.
12676. The projects for the Santa Ana River Basin for the
protection of Orange County, including the projects on Lytle and
Cajon Creeks for flood protection at San Bernardino and Colton
approved in the act of Congress approved June 22, 1936, as modified
by the act of Congress approved June 28, 1938, are adopted and
authorized substantially in accordance with the recommendations
contained in the report of the Chief of Engineers dated February 11,
1944, at an estimated cost to the State of six hundred seventy-eight
thousand dollars ($678,000).
12677. The San Bernardino County Flood Control District shall give
assurances satisfactory to the Secretary of War that the local
cooperation, required by Section 3 of the act of Congress approved
December 22, 1944 (Public, Numbered 534, Seventy-eighth Congress,
Second Session), will be furnished by the San Bernardino County Flood
Control District in connection with the flood control project
adopted and authorized in Section 12676.
12678. The San Bernardino County Flood Control District, in
conjunction with the War Department, shall execute the plans and
projects referred to in Section 12676 and exercise all powers granted
to it in the San Bernardino County Flood Control Act, and the
district may make such modifications and amendments to the plans as
may be necessary to execute them for the purposes of Chapters 1 and 2
of this part.
12678.1. The project for flood control on the Santa Ana River
Mainstem, including Santiago Creek and Oak Street Drain, is adopted
and authorized substantially in accordance with the recommendations
of the Chief of Engineers Conference Report No. 99-1013 99th
Congress, as adopted and authorized by the act of Congress approved
October 17, 1986 (Public Law 99-662, the Water Resources Development
Act of 1986), at an estimated cost to the state of the sum that may
be appropriated for state cooperation by the Legislature upon the
recommendation and advice of the department.
12678.2. The Orange County Flood Control District, the Riverside
County Flood Control and Water Conservation District, and the San
Bernardino County Flood Control District shall give assurances
satisfactory to the Secretary of the Army that the local cooperation
required by the Water Resources Development Act of 1986 (Public Law
99-662) will be furnished by the districts in connection with the
project for flood control adopted and authorized in Section 12678.1.
12678.3. The Orange County Flood Control District, the Riverside
County Flood Control and Water Conservation District, and the San
Bernardino County Flood Control District, in conjunction with the
Department of the Army, shall execute the plans and projects referred
to in Section 12678.1, may exercise all powers granted to them in
the Orange County Flood Control Act (Chapter 723 of the Statutes of
1927), the Riverside County Flood Control and Water Conservation
District Act (Chapter 1122 of the Statutes of 1945), and the San
Bernardino County Flood Control Act (Chapter 73 of the Statutes of
1939), respectively, and may make modifications and amendments to the
plans as may be necessary to execute them for purposes of Chapter 1
(commencing with Section 12570) and this chapter.
12679. The plan of improvement for flood control in the Santa Ana
River Basin is adopted and authorized substantially in accordance
with the recommendations of the Chief of Engineers in House Document
Numbered 135, Eighty-first Congress, First Session, and authorized by
act of Congress approved May 17, 1950, Public Law 516, Eighty-first
Congress, Second Session, at an estimated cost to the State of such
sum as may be appropriated for state cooperation by the Legislature
upon approval of the general plan of improvement by, and the
recommendation of, the department, when funds for carrying out the
project are appropriated by Congress.
12680. The San Bernardino County Flood Control District and the
Riverside County Flood Control and Water Conservation District shall
give assurances satisfactory to the Secretary of the Army that the
local cooperation, required by Section 201 of the act of Congress
approved May 17, 1950, Public Law 516, Eighty-first Congress, Second
Session, will be furnished by the districts in connection with the
plan of improvement for flood control adopted and authorized in
Section 12679.
12681. The San Bernardino County Flood Control District and the
Riverside County Flood Control and Water Conservation District, in
conjunction with the Department of the Army, shall execute the plan
of improvement for flood control referred to in Section 12679 and
exercise all powers granted by law to the districts, and the
districts may make such modifications and amendments to the plan as
may be necessary to execute it for the purposes of Chapters 1 and 2
of this part.
12681.1. The plan of improvement for flood control on Lytle and
Warm Creeks, San Bernardino County, is adopted and authorized
substantially in accordance with the recommendations of the Chief of
Engineers in Senate Document Numbered 53, Eighty-Ninth Congress, as
authorized by act of Congress approved October 27, 1965, Public Law
89-298, 79 Stat. 1073, Title II, the "Flood Control Act of 1965," at
a cost to the state of such sum as may be appropriated for state
cooperation by the Legislature upon the recommendation and advice of
the department. This authorization shall not be deemed to confer
preference on this project over the needs of other statewide programs
in appropriation of available funds.
12681.2. The San Bernardino County Flood Control District shall
give assurances satisfactory to the Secretary of the Army that the
local cooperation, required by the act of Congress approved October
27, 1965, Public Law 89-298, 79 Stat. 1073, Title II, the "Flood
Control Act of 1965," will be furnished by the district in connection
with the plan of improvement for flood control adopted and
authorized in Section 12681.1.
12681.3. The San Bernardino County Flood Control District, in
conjunction with the Department of the Army, shall execute the plan
of improvement for flood control referred to in Section 12681.1 and
exercise all powers granted to it in the San Bernardino County Flood
Control Act (Chapter 73, Statutes of 1939), and the district may make
such modifications or amendments to the plans as may be necessary to
execute them for the purposes of Chapters 1 (commencing with Section
12570) and 2 (commencing with Section 12639) of this part.
12682. The general comprehensive plan for flood control in the
basins of the Los Angeles and San Gabriel Rivers and Ballona Creek
are adopted and authorized as set forth in House Document Numbered
838, Seventy-sixth Congress, Third Session, and approved in the act
of Congress approved August 18, 1941, at an estimated cost to the
State of twenty-two million five hundred thousand dollars
($22,500,000).
12683. The Los Angeles County Flood Control District shall give
assurances satisfactory to the Secretary of War that the local
cooperation, required by Section 3 of the act of Congress approved
December 22, 1944 (Public, Numbered 534, Seventy-eighth Congress,
Second Session) and Section 2 of the act of Congress approved August
18, 1941 (Public, Numbered 228, Seventy-eighth Congress, First
Session), will be furnished by the Los Angeles County Flood Control
District in connection with the plan for flood control adopted and
authorized in Section 12682.
12684. The Los Angeles County Flood Control District, in
conjunction with the War Department, shall execute the plans and
projects referred to in Section 12682 and exercise all powers granted
to it in the Los Angeles County Flood Control Act, and the district
may make such modifications and amendments to the plans as may be
necessary to execute them for the purposes of Chapters 1 and 2 of
this part.
12684.2. (a) The project for flood control in the Los Angeles
County Drainage Area (LACDA), known as the LACDA project, is adopted
and authorized substantially in accordance with the approval of the
Congress of the United States as indicated in, and the report of the
Chief of Engineers dated June 30, 1992, and any supplement or
addendum to that report that results from discussions between
interested parties, as authorized by, Section 101(b) of the Water
Resources Development Act of 1990 (Public Law 101-640), at an
estimated cost to the state of the sum that may be appropriated by
the Legislature for state cooperation, upon the recommendation and
advice of the department, in an amount that may not exceed 60 percent
of the nonfederal costs of the project.
(b) The authorization of the project is contingent upon the
adoption by Los Angeles County of a plan to undertake restoration
projects, including related habitat restoration and maintenance
projects, along the entire length of the Los Angeles River and
related tributaries and to increase parkland and recreational
opportunities along that river. For the purposes of preparing and
implementing the plan, the county shall consider the comments of the
advisory committee convened pursuant to subdivision (c).
(c) The Secretary of the Resources Agency shall convene an
advisory committee, comprised of experts and representatives of
organizations involved in river restoration, habitat restoration, and
community development relating to the Los Angeles River, to provide
input to the secretary and the County of Los Angeles in the
preparation and implementation of the plan.
(d) The authorization of the project is contingent upon a
determination by the Secretary of the Resources Agency and the Los
Angeles County Board of Supervisors, after a public hearing, that the
project described in subdivision (a) is a multipurpose project that
includes, in addition to flood control features, river restoration,
wildlife and habitat restoration, or park and recreational features.
12684.4. The Los Angeles County Flood Control District shall give
assurances satisfactory to the Secretary of the Army that the local
cooperation required by the Water Resources Development Act of 1990
(Public Law 101-640), will be furnished by the district in connection
with the project for flood control adopted and authorized in Section
12684.2.
12684.6. The Los Angeles County Flood Control District, in
conjunction with the Department of the Army, shall carry out the
plans and project described in Section 12684.2 and the district may
make modifications and amendments to the plans as may be necessary to
carry out the project for the purposes of Chapter 1 (commencing with
Section 12570) and this chapter.
12684.8. The Secretary of the Resources Agency shall consult with
appropriate federal agencies to assess the desirability, feasibility,
and costs of modifying the flood control project described in
Section 12684.2, in accordance with Section 2309a of Title 33 of the
United States Code or other relevant law, to include multipurpose
features designed to maximize river habitat restoration, parkland,
and recreational opportunities consistent with flood control
objectives. The secretary shall prepare and submit a report to the
Legislature, not later than March 1, 2001, concerning the results of
the consultation.
12685. The plan of improvement for flood protection on the Pajaro
River and tributaries is adopted and authorized substantially in
accordance with the recommendations of the Chief of Engineers in
House Document Numbered 505, Seventy-eighth Congress, Second Session,
at an estimated cost to the State of two hundred ninety-four
thousand eight hundred forty dollars ($294,840).
12686. The Counties of Santa Clara, Santa Cruz, and San Benito and
the Monterey County Flood Control and Water Conservation District
shall give assurances satisfactory to the Secretary of War that the
local cooperation required by Section 3 of the act of Congress
approved December 22, 1944 (Public, Numbered 534, Seventy-eighth
Congress, Second Session), will be furnished by the counties and the
district in connection with the flood control project authorized and
adopted in Section 12685.
12687. The Counties of Santa Clara, Santa Cruz, and San Benito and
the Monterey County Flood Control and Water Conservation District, in
conjunction with the War Department, shall execute the plans and
projects referred to in Section 12685, and may make such
modifications and amendments to the plans as may be necessary to
execute them for the purposes of Chapters 1 and 2 of this part.
12687.5. (a) The state may provide subvention funds in accordance
with Section 12585.7 to the Counties of Monterey and Santa Cruz, or
to local agencies in those counties, for the project for flood
control on the Pajaro River in the Counties of Monterey and Santa
Cruz, authorized by the Flood Control Act of 1966 (Public Law
89-789), that is substantially in accordance with the recommendations
of the Chief of Engineers of the United States Army Corps of
Engineers in House Document 491, 89th Congress, as follows:
(1) At an estimated cost to the state of the sum that may be
appropriated for state cooperation by the Legislature upon the
recommendations and advice of the department.
(2) Upon a specific written determination by the department that
the project meets the requirements of Section 12582.7.
(b) The state assumes no liability for damages that may result
from the project by either of the following:
(1) Authorizing the provision of subvention funds in accordance
with this section.
(2) The appropriation by the Legislature of these subvention funds
upon the recommendations and advice of the department.
(c) A county or local agency may receive the subvention funds only
if it enters into an agreement with the department pursuant to which
the county or local agency agrees to indemnify and hold and save
harmless the state, its officers, agents, and employees for any and
all liability for damages that may result from the project.
(d) For the purposes of this section, "liability for damages"
includes, but is not limited to, liability for damages relating to
the construction or operation of the project or the failure of the
project to operate as intended.
12688. The program on the Los Angeles River Watershed is adopted
and authorized substantially in accordance with the recommendation of
the Under Secretary of Agriculture in House Document Numbered 426,
Seventy-seventh Congress, First Session, at an estimated cost to the
State of one million eight hundred eighty-two thousand dollars
($1,882,000).
12689. The Los Angeles County Flood Control District shall give the
necessary assurances that the local cooperation required by the
United States on the program mentioned in Section 12688 will be
furnished by the district. It shall be the duty of the district to
execute the plan with the United States and exercise all powers
granted to it in the Los Angeles County Flood Control Act, and the
district may make such modifications and amendments to the program as
may be necessary to execute it for the purposes of Chapters 1 and 2
of this part.
12690. The program on the Santa Ynez River Watershed is adopted and
authorized substantially in accordance with the recommendations of
the Acting Secretary of Agriculture in House Document Numbered 518,
Seventy-eighth Congress, Second Session, and approved by the act of
Congress approved December 22, 1944, Public Law 534, Seventy-eighth
Congress, Second Session, and as further authorized by act of
Congress approved May 17, 1951, Public Law 516, Eighty-first
Congress, Second Session, at an estimated cost to the State of one
hundred six thousand dollars ($106,000).
12691. The County of Santa Barbara shall give the necessary
assurances that the local cooperation required by the United States
on the program mentioned in Section 12690 will be furnished by the
county. The county shall execute the plan with the United States, and
may make such modifications and amendments to the program as may be
necessary to execute it for the purposes of Chapters 1 and 2 of this
part.
12692. Consent is hereby given to the acquisition of lands by the
United States for the purposes within the scope of Section 13 of the
act of Congress approved December 22, 1944 (Public, Numbered 534,
Seventy-eighth Congress, Second Session), in connection with the
programs adopted and authorized in Sections 12688 and 12690. There
shall be paid annually by the United States to the county in which
any land acquired may lie, a sum equal to 1 percent of the purchase
price paid for the lands, or, if not acquired by purchase, 1 percent
of their valuation at the time of their acquisition.
12693. The project on the San Diego River for flood protection at
San Diego is adopted and authorized substantially in accordance with
the recommendations of the Chief of Engineers in House Document
Numbered 635, Seventy-seventh Congress, Second Session, without cost
to the State.
12694. The work of improvement on the San Diego River and Mission
Bay, San Diego County, is adopted and authorized substantially in
accordance with the report of the Chief of Engineers dated May 8,
1946, at an estimated cost to the State of one million eight hundred
twenty-six thousand dollars ($1,826,000), and the work is found to be
a work for the control of floods.
12695. The City of San Diego shall give assurances satisfactory to
the Secretary of the Army that the local cooperation, required by
Section 1 of the act of Congress approved July 24, 1946 (Public,
Numbered 525, Seventy-ninth Congress, Second Session), will be
furnished by the city in connection with the flood control project
adopted and authorized in Section 12694.
12696. The City of San Diego, in conjunction with the Department of
the Army, shall execute the plans and projects referred to in
Section 12694, and the city may make such modifications and
amendments to the plans as may be necessary to execute them for the
purposes of Chapters 1 and 2 of this part.
12697. The project for the Conn Creek Reservoir on Conn Creek for
flood control and other purposes in the Napa River Basin is adopted
and authorized substantially in accordance with the recommendations
of the Chief of Engineers in House Document Numbered 626,
Seventy-eighth Congress, without cost to the State.
12698. The project on the Russian River for flood protection and
water conservation in Sonoma and Mendocino Counties is adopted and
authorized substantially in accordance with the recommendations of
the Chief of Engineers in House Document No. 585, Eighty-first
Congress, Second Session, as authorized by act of Congress approved
May 17, 1950, Public Law 516, Eighty-first Congress, Second Session,
at an estimated cost to the State of such sum as may be appropriated
for state cooperation by the Legislature upon the recommendation and
advice of the department, when funds for carrying out the project are
appropriated by Congress.
12699. The Sonoma County Flood Control and Water Conservation
District and the Mendocino County Russian River Flood Control and
Water Conservation Improvement District, or either such agency as
appropriate, shall give assurances satisfactory to the Secretary of
the Army that the local cooperation, required by Section 201 of the
act of Congress approved May 17, 1950 (Public Law 516, 81st Congress,
Second Session), will be furnished by the districts in connection
with the plan of flood control adopted and authorized in Section
12698.
12700. The Sonoma County Flood Control and Water Conservation
District and the Mendocino County Russian River Flood Control and
Water Conservation Improvement District, or either such agency as
appropriate, in conjunction with the Department of the Army, shall
execute the plans and projects referred to in Section 12698 and
exercise all powers granted by law to the districts, and the
districts may make such modifications and amendments to the plans as
may be necessary to execute them for the purposes of Chapters 1 and 2
of this part.
12701. The project on San Lorenzo Creek in Alameda County for flood
control and allied purposes is hereby adopted and authorized
substantially in accordance with the recommendations of the Chief of
Engineers in House Document Numbered 452, Eighty-third Congress,
Second Session, as authorized by act of Congress approved September
3, 1954, Public Law 780, Eighty-third Congress, Second Session, at an
estimated cost to the State of such sum as may be appropriated for
state cooperation by the Legislature upon the recommendation and
advice of the department, when funds for carrying out said project
are appropriated by Congress.
12702. The Alameda County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local cooperation, required by the act of Congress
approved September 3, 1954 (Public Law 780, Eighty-third Congress,
Second Session) will be furnished by the district in connection with
the plan of flood control adopted and authorized in Section 12701.
12703. The Alameda County Flood Control and Water Conservation
District, in conjunction with the Department of the Army, shall
execute the plans and projects referred to in Section 12701 and
exercise all powers granted to it in the Alameda County Flood Control
and Water Conservation District Act, and the district may make
modifications and amendments to the plans as may be necessary to
execute them for the purposes of Chapters 1 and 2 of this part.
12704. The project for flood protection on San Lorenzo River in
Santa Cruz County is adopted and authorized substantially in
accordance with the recommendations of the Chief of Engineers in
House Document Numbered 447, Eighty-third Congress, Second Session,
as authorized by act of Congress approved September 3, 1954, Chapter
1264, Public Law 780, Eighty-third Congress, Second Session (Title
II, the "Flood Control Act of 1954"), at an estimated cost to the
State of such sum as may be appropriated for state cooperation by the
Legislature upon the recommendation and advice of the department,
when funds for carrying out the project are appropriated by Congress;
provided, that the requirement that local interests make a cash
contribution to the United States equal to 8.9 percent of the project
cost, is for payment of local benefits not related to flood control,
and shall not be payable or reimbursable by the State.
12705. The City of Santa Cruz shall give assurances satisfactory to
the Secretary of the Army that the local cooperation required by the
Federal Flood Control Act of 1954 will be furnished by the city in
connection with the plan of flood control adopted and authorized in
Section 12704.
12706. The City of Santa Cruz, in conjunction with the Department
of the Army, shall execute the plans and projects referred to in
Section 12704, and the city may make such modifications and
amendments to the plans as may be necessary to execute them for the
purposes of Chapters 1 and 2 of this part.
12706.3. (a) The project for flood control on the San Lorenzo River
is adopted and authorized substantially in accordance with
congressional approval and the final report of the Chief of Engineers
dated June 30, 1994, as authorized by Section 101 (a) (5) of the
Water Resources Development Act of 1996 (P.L. 104-303), as amended,
at an estimated cost to the state of the sum that may be appropriated
for state cooperation by statute, upon the recommendation and advice
of the department.
(b) The City of Santa Cruz shall give assurances satisfactory to
the Secretary of the Army that the local cooperation required by that
final report will be furnished by the city in connection with the
project for flood control.
(c) (1) The City of Santa Cruz, in conjunction with the Department
of the Army, shall carry out the project referred to in subdivision
(a) and may make modifications and amendments to the plans as may be
necessary to carry out the plans for the purposes of Chapter 1
(commencing with Section 12750) and this chapter.
(2) Notwithstanding Section 12639, if there are any major
modifications or amendments to the plans that result in a substantial
increase in the costs to the state for any estimated cost for the
project, no money shall be reallocated by the state in aid of that
portion of the project until the revised plans have been reviewed and
approved by the department. The department shall approve the revised
plans if the department determines that the benefits of the proposed
works of improvement for the revised project will exceed the cost
thereof and that the revised project appears to be the most
economical project plan, considering construction costs, land costs,
easements and rights-of-way costs, and operation and maintenance
costs.
(d) State funding for the project is contingent on the provision
of funds for that purpose in either the annual Budget Act or a
general obligation bond act. Reimbursement of the state share of the
nonfederal costs of the project shall be for those project costs
incurred on or after October 12, 1996, the date on which the project
was authorized by Congress, as set forth in Section 101(a)(5) of the
Water Resources Development Act of 1996 (P.L. 104-303).
12707. The plan of improvement for flood control, levee, and
channel improvements on the Santa Maria River and its tributaries is
adopted and authorized substantially in accordance with the
recommendations of the Chief of Engineers in House Document Numbered
400, Eighty-third Congress, Second Session, as authorized by act of
Congress approved September 3, 1954, Public Law 780, Eighty-third
Congress, Second Session, at an estimated cost to the State of one
million two hundred sixteen thousand dollars ($1,216,000).
12708. The County of Santa Barbara shall give assurances
satisfactory to the Secretary of the Army that the local cooperation,
required by the act of Congress approved September 3, 1954 (Public
Law 780, Eighty-third Congress, Second Session), will be furnished by
the county in connection with the plan of flood control adopted and
authorized in Section 12707.
12709. The County of Santa Barbara, in conjunction with the
Department of the Army, shall execute the plans and projects referred
to in Section 12707, and may make modifications and amendments to
the plans as may be necessary to execute them for the purposes of
Chapters 1 (commencing at Section 12570) and 2 (commencing at Section
12639) of this part.
12710. The plan for channel improvements and appurtenant works for
flood control on that portion of the Truckee River and tributaries
within the State of California, is adopted and authorized
substantially in accordance with the recommendations of the Chief of
Engineers in House Document No. 497, Eighty-third Congress, Second
Session, as authorized by Act of Congress approved September 3, 1954,
Public Law 780, Eighty-third Congress, Second Session, at an
estimated cost to the State of twenty thousand dollars ($20,000).
12711. The department shall give assurances satisfactory to the
Secretary of the Army that the local co-operation required by the Act
of Congress approved September 3, 1954, Public Law 780, Eighty-third
Congress, Second Session, will be furnished by the State in
connection with the plan for flood control adopted and authorized in
Section 12710.
12712. In conformance with the duty prescribed in Section 12642, it
shall be the responsibility and duty of local public agencies, now
existing or hereafter formed, including counties and public
districts, affected by the plan for flood control adopted and
authorized in Section 12710, to give assurances satisfactory to the
Secretary of the Army and the department that such local public
agencies will maintain and operate said flood control works after
their completion and hold and save the State and the United States
free from damage due to the construction and operation of said works.
12713. The project for flood protection on the Eel River, in the
Sandy Prairie region, is adopted and authorized substantially in
accordance with the recommendations of the Chief of Engineers in
House Document Numbered 80, 85th Congress, as authorized by act of
Congress approved July 3, 1958 (Public Law 85-500, 72 Stat. 297,
Title II, the "Flood Control Act of 1958"), at such estimated cost to
the State as may be appropriated for state co-operation by the
Legislature upon the recommendation and advice of the department.
12714. The County of Humboldt shall give assurances satisfactory to
the Secretary of the Army that the local co-operation, required by
Section 201 of the Act of Congress approved July 3, 1958 (Public Law
85-500, 72 Stat. 297, Title II, the "Flood Control Act of 1958"),
will be furnished by the county in connection with the project for
flood protection adopted and authorized in Section 12713.
12715. The County of Humboldt, in conjunction with the Department
of the Army, shall execute the plans and projects referred to in
Section 12713, and may make modifications and amendments to the plans
as may be necessary to execute them for the purposes of Chapters 1
(commencing at Section 12570) and 2 (commencing at Section 12639) of
this part.
12716. The project for flood protection on Walnut Creek in Contra
Costa County is adopted and authorized substantially in accordance
with the recommendations of the Chief of Engineers in House Document
Numbered 76, 86th Congress, First Session, as authorized by Act of
Congress approved July 14, 1960 (Public Law 86-645, 74 Stat. 480,
Title II, the "Flood Control Act of 1960") at an estimated cost to
the State of such sum as may be appropriated for state co-operation
by the Legislature upon the recommendation and advice of the
department, when funds for carrying out the project are appropriated
by Congress; provided, that the requirement that local interests make
a cash contribution to the United States equal to 7.4 percent of the
project cost is for payment of local benefits not related to flood
control and shall not be payable or reimbursable by the State.
12717. The Contra Costa County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local co-operation required by the Act of Congress
approved July 14, 1960 (Public Law 86-645, 74 Stat. 480, Title II,
the "Flood Control Act of 1960"), will be furnished by the district
in connection with the project for flood control adopted and
authorized in Section 12716.
12718. The Contra Costa County Flood Control and Water Conservation
District, in conjunction with the Department of the Army, shall
execute the plans and projects referred to in Section 12716 and
exercise all powers granted to it in the Contra Costa County Flood
Control and Water Conservation District Act (Chapter 1617, Statutes
of 1951), and the district may make such modifications or amendments
to the plans as may be necessary to execute them for the purposes of
Chapters 1 (commencing with Section 12570) and 2 (commencing with
Section 12639) of this part.
12718.1. The project for flood control on Alhambra Creek in Contra
Costa County is hereby adopted and authorized substantially in
accordance with the recommendations of the Chief of Engineers in
House Document Numbered 336, 90th Congress, as adopted and authorized
by the Act of Congress approved August 13, 1968 (Public Law 90-483,
82 Stat. 731, 739, Title II, the Flood Control Act of 1968), at an
estimated cost to the state of such sum as may be appropriated for
state co-operation by the Legislature upon the recommendation and
advice of the department. This authorization shall not be deemed to
confer preference on this project over the needs of other statewide
programs in appropriations of available funds.
12718.2. The Contra Costa County Flood Control and Water
Conservation District shall give assurances satisfactory to the
Secretary of the Army that the local cooperation, required by the Act
of Congress approved August 13, 1968 (Public Law 90-483, 82 Stat.
731, 739, Title II, the Flood Control Act of 1968), will be furnished
by the district in connection with the project for flood control
adopted and authorized in Section 12718.1.
12718.3. The Contra Costa County Flood Control and Water
Conservation District, in conjunction with the Department of the
Army, shall execute the plans and projects referred to in Section
12718.1, and may make modifications and amendments to the plans as
may be necessary to execute them for the purposes of Chapters 1
(commencing with Section 12570) and 2 (commencing with Section 12639)
of this part.
12719. The project for flood protection on Tahchevah Creek,
Whitewater River Basin, at and in the vicinity of Palm Springs in
Riverside County, is adopted and authorized substantially in
accordance with the recommendations of the Chief of Engineers in
House Document Numbered 171, 86th Congress, as authorized by Act of
Congress approved July 14, 1960 (Public Law 86-645, 74 Stat. 480,
Title II, the "Flood Control Act of 1960"), at an estimated cost to
the State of such sum as may be appropriated for state co-operation
by the Legislature upon the recommendation and advice of the
department, when funds for carrying out the project are appropriated
by Congress.
12720. The Riverside County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local co-operation required by the Act of Congress
approved July 14, 1960 (Public Law 86-645, 74 Stat. 480, Title II,
the "Flood Control Act of 1960"), will be furnished by the district
in connection with the project for flood control adopted and
authorized in Section 12719.
12721. The Riverside County Flood Control and Water Conservation
District, in conjunction with the Department of the Army, shall
execute the plans and projects referred to in Section 12719 and
exercise all powers granted to it in the Riverside County Flood
Control and Water Conservation District Act (Chapter 1122, Statutes
of 1945), and the district may make such modifications or amendments
to the plans as may be necessary to execute them for the purposes of
Chapters 1 (commencing with Section 12570) and 2 (commencing with
Section 12639) of this part.
12721.5. (a) The project for flood control on the Santa Ana River
at Norco Bluffs is adopted and authorized substantially in accordance
with the final report of the Chief of Engineers of the United States
Army Corps of Engineers dated December 23, 1996, as authorized by
Section 101(b)(4) of the Water Resources Development Act of 1996
(P.L. 104-303), at an estimated cost to the state of the sum that may
be appropriated for state cooperation by the Legislature, upon the
recommendation and advice of the department.
(b) The Riverside County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local cooperation required by the final report of the
Chief of Engineers of the United States Army Corps of Engineers dated
December 23, 1996, will be furnished by the district in connection
with the project for flood control adopted and authorized in
subdivision (a).
(c) The district, in conjunction with the Department of the Army,
shall carry out the plans and project and may make modifications and
amendments to the plans as may be necessary to carry out the plans
for the purposes of Chapter 1 (commencing with Section 12570) and
this chapter.
12721.7. (a) The project for habitat restoration at Gunnerson Pond
is adopted and authorized substantially in accordance with the final
project modification report of the Chief of Engineers of the United
States Army Corps of Engineers dated October 1997, as authorized by
Section 1135 of the Water Resources Development Act of 1986 (P.L.
99-662), and as previously authorized by Section 12750, at an
estimated cost to the state of the sum that may be appropriated for
state cooperation by the Legislature upon the recommendation and
advice of the department, in an amount that may not exceed 60 percent
of the nonfederal costs of the project. The department may pay 50
percent of the nonfederal capital costs of the recreation and fish
and wildlife enhancement features of the project.
(b) The Riverside County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local cooperation required by the project modification
report of the Chief of Engineers of the United States Army Corps of
Engineers dated October 1997 will be furnished by the district in
connection with the project adopted and authorized in subdivision
(a).
(c) The district, in conjunction with the Department of the Army,
shall carry out the plans and project and may make modifications and
amendments to the plans as may be necessary to carry out the plans
for the purposes of Chapter 1 (commencing with Section 12570) and
this chapter.
12721.8. Any local entity, for the purposes of carrying out a
project authorized by Sections 12661.2, 12670.7, 12670.8, 12670.14,
12670.20, 12684.2, 12706.3, 12721.5, and 12721.5, may use, whenever
feasible, the services of the California Conservation Corps and
certified local conservation corps.
12722. The project for flood protection on Alameda Creek in Alameda
County is hereby adopted and authorized substantially in accordance
with the recommendations of the Chief of Engineers in Senate Document
Numbered 128, 87th Congress, 2d Session, as authorized by act of
Congress approved October 23, 1962, Public Law 87-874, 87th Congress,
2d Session, 76 Stat. 1173, at an estimated cost to the State of two
million four hundred thousand dollars ($2,400,000).
12723. The Alameda County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local co-operation, required by the act of Congress
approved October 23, 1962 (Public Law 87-874, 76 Stat. 1173), will be
furnished by the district in connection with the plan of flood
control adopted and authorized by Section 12722.
12724. The Alameda County Flood Control and Water Conservation
District, in conjunction with the Department of the Army, shall
execute the plans and project referred to in Section 12722 and
exercise all powers granted to it in the Alameda County Flood Control
and Water Conservation District Act, and the district may make such
modifications and amendments to the plans as may be necessary to
execute them for the purposes of Chapters 1 (commencing with Section
12570) and 2 (commencing with Section 12639) of this part.
12725. The project for Russian River, Dry Creek, California is
hereby adopted and authorized substantially in accordance with the
recommendations of the Chief of Engineers in Senate Document Numbered
128, 87th Congress, 2d Session, as authorized by act of Congress
approved October 23, 1962, Public Law 87-874, 87th Congress, 2d
Session, 76 Stat. 1173, at an estimated cost to the State of such sum
as may be appropriated for state co-operation by the Legislature
upon the recommendation and advice of the department, when funds for
carrying out said project are appropriated by Congress.
12726. The Sonoma County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local co-operation, required by the act of Congress
approved October 23, 1962 (Public Law 87-874, 76 Stat. 1173), will be
furnished by the district in connection with the plan of flood
control adopted and authorized by Section 12725.
12727. The Sonoma County Flood Control and Water Conservation
District, in conjunction with the Department of the Army, shall
execute the plans and project referred to in Section 12725 and
exercise all powers granted to it in the Sonoma County Flood Control
and Water Conservation Act, and the district may make such
modifications and amendments to the plans as may be necessary to
execute them for the purposes of Chapters 1 (commencing with Section
12570) and 2 (commencing with Section 12639) of this part.
12727.1. The project for flood control on Sonoma Creek in Sonoma
County is hereby adopted and authorized substantially in accordance
with the recommendations of the Chief of Engineers in House Document
Numbered 224, 89th Congress, as adopted and authorized by the Act of
Congress approved October 27, 1965 (Public Law 89-298, 79 Stat. 1073,
Title II, the Flood Control Act of 1965), at an estimated cost to
the state of such sum as may be appropriated for state cooperation by
the Legislature upon the recommendation and advice of the
department. This authorization shall not be deemed to confer
preference on this project over the needs of other statewide programs
in appropriations of available funds.
12727.2. The Sonoma County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local cooperation, required by the Act of Congress
approved October 27, 1965 (Public Law 89-298, 79 Stat. 1073, Title
II, the Flood Control Act of 1965), will be furnished by the district
in connection with the project for flood control adopted and
authorized in Section 12727.1.
12727.3. The Sonoma County Flood Control and Water Conservation
District, in conjunction with the Department of the Army, shall
execute the plans and projects referred to in Section 12727.1, and
may make modifications and amendments to the plans as may be
necessary to execute them for the purposes of Chapters 1 (commencing
with Section 12570) and 2 (commencing with Section 12639) of this
part.
12728. The project for flood protection on Redwood Creek in
Humboldt County is adopted and authorized substantially in accordance
with the recommendations of the Chief of Engineers in House Document
Numbered 497, 87th Congress, as authorized by Act of Congress
approved October 23, 1962 (Public Law 87-874, 76 Stat. 1173, Title
II, the "Flood Control Act of 1962"), at such estimated cost to the
state as may be appropriated for state cooperation by the Legislature
upon the recommendation and advice of the department.
12729. The County of Humboldt shall give assurances satisfactory to
the Secretary of the Army that the local cooperation, required by
the Act of Congress approved October 23, 1962 (Public Law 87-874, 76
Stat. 1173, Title II, the "Flood Control Act of 1962"), will be
furnished by the county in connection with the project for flood
protection adopted and authorized in Section 12728.
12730. The County of Humboldt, in conjunction with the Department
of the Army, shall execute the plans and projects referred to in
Section 12728, and may make modifications and amendments to the plans
as may be necessary to execute them for the purposes of Chapters 1
(commencing with Section 12570) and 2 (commencing with Section 12639)
of this part.
12731. The project for flood control construction of debris basins
and channel clearing in the Santa Barbara, California, area as
authorized by Public Law 88-635, 78 Stat. 1023, is adopted and
authorized at such cost to the state as may be appropriated for state
cooperation by the Legislature upon the recommendation and advice of
the department.
12732. The County of Santa Barbara shall give assurances
satisfactory to the Secretary of the Army that the local cooperation,
required by Section 2 of the Flood Control Act of 1938 (Public Law
761-75th Congress), will be furnished by the county in connection
with the project for flood protection adopted and authorized in
Section 12731.
12733. The County of Santa Barbara, in conjunction with the
Department of the Army, shall execute the plans and projects referred
to in Section 12731, and may make modifications and amendments to
the plans as may be necessary to execute them for the purposes of
Chapters 1 (commencing with Section 12570) and 2 (commencing with
Section 12639) of this part.
12734. The project for Corte Madera Creek, Marin County,
California, is hereby adopted and authorized substantially in
accordance with the recommendations of the Secretary of the Army and
the Chief of Engineers in House Document Numbered 545, 87th Congress,
2nd Session, as authorized by act of Congress approved October 23,
1962, Public Law 87-874, 87th Congress, 2nd Session, 76 Stat. 1173,
at an estimated cost to the state of such sum as may be appropriated
for state cooperation by the Legislature upon the recommendation and
advice of the department, when funds for carrying out said project
are appropriated by Congress; provided, that the requirement that
local interests shall contribute in cash 3 percent of the federal
construction costs of the Ross Valley unit is for payment of a local
benefit, and such cost shall not be payable or reimbursable by the
state.
12735. The Marin County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local cooperation, required by the act of Congress
approved October 23, 1962 (Public Law 87-874, 76 Stat. 1173), will be
furnished by the district in connection with the plan of flood
control adopted and authorized by Section 12734.
12736. The Marin County Flood Control and Water Conservation
District, in conjunction with the Department of the Army, shall
execute the plans and project referred to in Section 12734 and
exercise all powers granted to it in the Marin County Flood Control
and Water Conservation Act, and the district may make such
modifications and amendments to the plans as may be necessary to
execute them for the purposes of Chapters 1 (commencing with Section
12570) and 2 (commencing with Section 12639) of this part.
12737. The project for flood protection on the Klamath River at and
in the vicinity of Klamath, California, is hereby adopted and
authorized substantially in accordance with the recommendations of
the Chief of Engineers in House Document Numbered 478, 89th Congress,
as authorized by the Flood Control Act of 1966 (Title II of the act
approved November 7, 1966, Public Law 89-789, 80 Stat. 1405), at an
estimated cost to the state of such sum as may be appropriated, from
time to time, for state cooperation by the Legislature upon the
recommendation and advice of the department, to be available for
expenditure as funds for carrying out said project are appropriated
by Congress. "Lands, easements, and rights-of-way" for this project
may include lands for the relocation site of the town of Klamath.
12738. The County of Del Norte shall give assurances satisfactory
to the Secretary of the Army that the local cooperation required by
the Flood Control Act of 1966 (Public Law 89-789, 80 Stat. 1405),
will be furnished by the county in connection with the plan for flood
control purposes adopted and authorized in Section 12737.
12739. The County of Del Norte, in conjunction with the Department
of the Army, shall execute the plans and projects referred to in
Section 12737, and may make such modifications and amendments to the
plans as may be necessary to execute them for the purposes of
Chapters 1 (commencing with Section 12570) and 2 (commencing with
Section 12639) of this part. The county may acquire lands, easements,
and rights-of-way for the project, including those required for the
relocated site of the town of Klamath.
12740. The project for flood protection for the Lakeport Reservoir
on Scott Creek in Lake County is adopted and authorized substantially
in accordance with the recommendations of the Chief of Engineers in
House Document 259, 89th Congress, and adopted and authorized by the
Act of Congress approved October 27, 1965 (Public Law 89-298, 79
Stat. 1083, Title II, the Flood Control Act of 1965), at such
estimated cost to the state as may be appropriated for state
cooperation by the Legislature upon the recommendation and advice of
the department. This authorization shall not be deemed to confer
preference on this project over the needs of other statewide programs
in appropriations of available funds.
12741. The Lake County Watershed Protection District shall give
assurances satisfactory to the Secretary of the Army that the local
cooperation, required by the Act of Congress approved October 27,
1965 (Public Law 89-298, 79 Stat. 1083, Title II, the Flood Control
Act of 1965), will be furnished by the district in connection with
the project for flood protection adopted and authorized in Section
12740.
12742. The Lake County Watershed Protection District, in
conjunction with the Department of the Army, shall execute the plans
and projects referred to in Section 12740, and may make modifications
and amendments to the plans as may be necessary to execute them for
the purposes of Chapters 1 (commencing with Section 12570) and 2
(commencing with Section 12639) of this part.
12743. The project for flood protection on San Diego River (Mission
Valley), California, is hereby adopted and authorized substantially
in accordance with the recommendations of the Chief of Engineers in
House Document Numbered 212, 89th Congress, as authorized by the
Flood Control Act of 1965 (Title II of the Act approved October 27,
1965, Public Law 89-298, 79 Stat. 1073, 1084), at such estimated cost
to the state as may be appropriated for state cooperation by the
Legislature upon the recommendation and advice of the department.
This authorization shall not be deemed to confer preference on this
project over the needs of other statewide programs in appropriations
of available funds.
12743.1. The City of San Diego shall give assurances satisfactory
to the Secretary of the Army that the local cooperation required by
the act approved October 27, 1965, (Public Law 89-298, 79 Stat. 1073,
Title II, the Flood Control Act of 1965), will be furnished by the
city in connection with the project for flood protection adopted and
authorized in Section 12743.
12743.2. The City of San Diego, in conjunction with the Department
of the Army, shall execute the plans and projects referred to in
Section 12743, and may make modifications and amendments to the plans
as may be necessary to execute them for the purposes of Chapters 1
(commencing with Section 12570) and 2 (commencing with Section 12639)
of this part.
12744. The project for flood protection on the Tijuana River in
California is hereby adopted and authorized substantially in
accordance with the "Report on an International Flood Control
Project, Tijuana River Basin", prepared by the United States Section,
International Boundary and Water Commission, United States and
Mexico, and as authorized by the act approved October 10, 1966,
Public Law 89-640, 80 Stat. 884, at such estimated cost to the state
as may be appropriated for state cooperation by the Legislature upon
the recommendation and advice of the department; provided, that the
requirement that local interests pay a portion of the construction
costs, based upon land enhancement, is for payment of local benefits
not related to flood control, and shall not be payable or
reimbursable by the state. This authorization shall not be deemed to
confer preference on this project over the needs of other statewide
programs in appropriations of available funds.
12744.1. The City of San Diego shall give assurances satisfactory
to the United States that the local cooperation required by federal
legislation in connection with the project for flood protection
adopted and authorized in Section 12744 will be furnished by the
city.
12744.2. The City of San Diego, in conjunction with the Department
of the Army, shall execute the plans and projects referred to in
Section 12744, and may make modifications and amendments to the plans
as may be necessary to execute them for the purposes of Chapters 1
(commencing with Section 12570) and 2 (commencing with Section 12639)
of this part.
12745. The project for flood protection on the Sweetwater River in
the County of San Diego is adopted and authorized substantially in
accordance with the recommendations of the Chief of Engineers in
House Document Numbered 148, 90th Congress, Second Session, at such
estimated cost to the state as may be appropriated for state
cooperation by the Legislature upon the recommendation and advice of
the department. This authorization shall not be deemed to confer
preference on this project over the needs of the other statewide
programs in appropriations of available funds.
12745.1. With respect to the project authorized by Section 12745,
the County of San Diego may acquire the lands, easements and
rights-of-way for said project even though the project has not been
authorized by the Congress. In the event said lands, easements, and
rights-of-way for said project are acquired by the county in
cooperation with the State Department of Public Works along with the
lands, easements, and rights-of-way acquired by said department for
state highway purposes, the County of San Diego may make application
to the Department of Water Resources for reimbursement pursuant to
Section 12829, and reimbursement for the costs of such lands,
easements, and rights-of-way for the project may be paid after the
Congress has appropriated funds for the construction of the project.
Prior to the acquisition of any lands, easements, or rights-of-way
for the project, the County of San Diego shall execute an agreement
with the department under which it agrees to hold the state harmless
from damages due from the construction, operation, or maintenance of
the project.
12746. The project for flood protection on Tahquitz Creek in
California is hereby adopted and authorized substantially in
accordance with the recommendations of the Chief of Engineers in
House Document Numbered 223, 89th Congress, as authorized by the
Flood Control Act of 1965 (Title II of the act approved October 27,
1965, Public Law 89-298, 79 Stat. 1073, 1084), at such estimated cost
to the state as may be appropriated for state cooperation by the
Legislature upon the recommendation and advice of the department;
provided, that the requirement that local interests pay a portion of
the construction costs, based upon land enhancement, is for payment
of local benefits not related to flood control, and shall not be
payable or reimbursable by the state. This authorization shall not be
deemed to confer preference on this project over the needs of other
statewide programs in appropriations of available funds.
12746.1. The Riverside County Flood Control and Water Conservation
District shall give assurances satisfactory to the United States that
the local cooperation required by federal legislation in connection
with the project for flood protection adopted and authorized in
Section 12746 will be furnished by the district.
12746.2. The Riverside County Flood Control and Water Conservation
District, in conjunction with the Department of the Army, shall
execute the plans and projects referred to in Section 12746, and may
make modifications and amendments to the plans as may be necessary to
execute them for the purposes of Chapters 1 (commencing with Section
12570) and 2 (commencing with Section 12639) of this part.
12747. The plan of improvement for flood control and other purposes
on Cucamonga Creek in San Bernardino County is hereby adopted and
authorized substantially in accordance with the recommendations of
the Chief of Engineers in House Document Numbered 323, 90th Congress,
as adopted and authorized by the Act of Congress approved August 13,
1968 (Public Law 90-483, the "Flood Control Act of 1968"), at an
estimated cost to the state of such sum as may be appropriated for
state cooperation by the Legislature upon the recommendation and
advice of the department. This authorization shall not be deemed to
confer preference on this project over the needs of other statewide
programs in appropriation of available funds.
12747.1. The San Bernardino County Flood Control District shall
give assurances satisfactory to the Secretary of the Army that the
local cooperation, required by the Act of Congress approved August
13, 1968 (Public Law 90-483, the "Flood Control Act of 1968"), will
be furnished by the district in connection with the plan of
improvement for flood control adopted and authorized in Section
12747.
12747.2. The San Bernardino County Flood Control District, in
conjunction with the Department of the Army, shall execute the plan
of improvement for flood control referred to in Section 12747 and
exercise all powers granted to it in the San Bernardino County Flood
Control Act (Chapter 73, Statutes of 1939), and the district may make
such modifications or amendments to the plans as may be necessary to
execute them for the purposes of Chapters 1 (commencing with Section
12570) and 2 (commencing with Section 12639) of this part.
12748. The plan of improvement for flood control and other purposes
on the Napa River in Napa County is hereby adopted and authorized
substantially in accordance with the recommendations of the Chief of
Engineers in House Document Numbered 222, 89th Congress, as adopted
and authorized by the Act of Congress approved October 27, 1965
(Public Law 89-298, the "Flood Control Act of 1965"), as modified by
data in the General Design Memorandum transmitted December 8, 1970,
by the District Engineer, San Francisco District, Corps of Engineers,
to the Director of Water Resources, at an estimated cost to the
state of such sum as may be appropriated for state cooperation by the
Legislature upon the recommendation and advice of the department.
This authorization shall not be deemed to confer preference on this
project over the needs of other statewide programs in appropriation
of available funds.
The state payments on the Napa River Flood Control Project shall
be 75 percent of the costs of lands and rights or interests in lands
whereon channel improvements and channel rectifications are located,
and of lands, rights, or interests in lands necessary in connection
with the construction, operation, or maintenance of such channel
improvements or rectifications, including those necessary for flowage
purposes, spoil areas, borrow pits, or for access roads, and shall
be 90 percent of the costs of the relocation, reconstruction, or
replacement of existing improvements, structures, or utilities
rendered necessary by the project.
The local agency payments on the Napa River Flood Control Project
shall be 25 percent of the costs of lands and rights or interests in
lands whereon channel improvements and channel rectifications are
located, and of lands, rights, or interests in lands necessary in
connection with the construction, operation, or maintenance of such
channel improvements or rectifications, including those necessary for
flowage purposes, spoil areas, borrow pits or for access roads, and
shall be 10 percent of the costs of the relocation, reconstruction,
or replacement of existing improvements, structures, or utilities
rendered necessary by the project.
The local agency may receive credit against its share of the costs
of lands, easements, and rights-of-way for lands required for the
project which were acquired not more than five years prior to federal
authorization of the project. The amount of this credit shall be
determined by the department by applying the 75 percent representing
the state portion of the costs of lands, easements, and rights-of-way
to the actual costs of the local agency in the case of acquisition
by purchase or condemnation, and to the fair market value at the time
of title transfer in the case of acquisition free of charge. The
department is authorized to loan the local agency the funds necessary
to pay such local portion of the costs of lands, easements, and
rights-of-way less any credit for acquired lands granted to the local
agency by the department. Such loans may not exceed a period of 10
years and the rate of interest on such loans shall be the current
rate for the state's Pooled Money Investment Account. Such loans
shall be repaid in annual installments beginning one year after the
loan is made. Annual loan payments may be deducted from the state's
annual tax subvention to the local agency, if any. In the event that
the local agency does not receive tax subventions from the state
adequate to make the loan payment and becomes in default on the loan
payments, the local agency, notwithstanding any other provisions of
any statute limiting its tax ceiling, shall levy sufficient taxes to
repay the loan. Notwithstanding any other provisions of law, the
local agency is authorized to accept the loans authorized pursuant to
this section.
12748.1. The Napa County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local cooperation, required by the Act of Congress
approved October 27, 1965 (Public Law 89-298, the "Flood Control Act
of 1965"), will be furnished by the district in connection with the
plan of improvement for flood control adopted and authorized in
Section 12748.
12748.2. The Napa County Flood Control and Water Conservation
District, in conjunction with the Department of the Army, shall
execute the plan of improvement for flood control referred to in
Section 12748 and exercise all powers granted to it in the Napa
County Flood Control and Water Conservation District Act (Chapter
1449, Statutes of 1951), and the district may make such modifications
or amendments to the plans as may be necessary to execute them for
the purposes of Chapters 1 (commencing with Section 12570) and 2
(commencing with Section 12639) of this part.
12748.3. (a) The state may provide funds in accordance with Section
12585.7 to the City of St. Helena, or to local agencies in the
County of Napa, for the project for flood control on the Napa River
in the County of Napa authorized by Section 5054 of the federal Water
Resources Development Act of 2007 (Public Law 110-114), as follows:
(1) At an estimated cost to the state of the sum that may be
appropriated for state cooperation by the Legislature upon the
recommendations and advice of the department.
(2) Upon a specific written determination by the department that
the project meets the requirements of Section 12582.7.
(b) The state assumes no liability for damages that may result
from the project by either of the following:
(1) Authorizing the provision of funds in accordance with this
section.
(2) The appropriation by the Legislature of these funds upon the
recommendations and advice of the department.
(c) A county or local agency may receive the funds only if it
enters into an agreement with the department pursuant to which the
city or local agency agrees to indemnify and hold and save harmless
the state, its offic
12671. The projects on the Ventura River and tributaries for flood
protection at Ventura and Ojai, California, are adopted and
authorized substantially in accordance with the recommendations of
the Chief of Engineers in House Document Numbered 323,
Seventy-seventh Congress, First Session, at an estimated cost to the
State of one hundred thirty-nine thousand dollars ($139,000).
12672. The Ventura County Flood Control District shall give
assurances satisfactory to the Secretary of War that the local
cooperation, required by Section 3 of the act of Congress approved
December 22, 1944 (Public, Numbered 534, Seventy-eighth Congress,
Second Session), will be furnished by the Ventura County Flood
Control District in connection with the flood control project adopted
and authorized in Section 12671.
12673. The project for construction of flood control protection
along the Santa Clara River, and its tributaries, is approved and
authorized substantially in accordance with the recommendations of
the Chief of Engineers in House Document No. 443, Eightieth Congress,
First Session, and authorized by act of Congress approved June 30,
1948, Public Law 858, Eightieth Congress, Second Session, at an
estimated cost to the State of such sum as may be appropriated for
state cooperation by the Legislature upon approval of the general
plan of improvement by, and the recommendation of, the department,
when funds for carrying out the project are appropriated by Congress.
12674. The Ventura County Flood Control District shall give
assurances satisfactory to the Secretary of the Army that local
cooperation, required by Section 201 of the act of Congress approved
June 30, 1948 (Public, Numbered 858, Eightieth Congress, Second
Session), will be furnished by the Ventura County Flood Control
District in connection with the flood control project adopted and
authorized in Section 12673.
12675. The Ventura County Flood Control District, in conjunction
with the War Department, shall execute the plans and projects
referred to in Sections 12671 and 12673 and exercise all powers
granted to it in the Ventura County Flood Control Act, and the
district may make such modifications and amendments to the plans as
may be necessary to execute them for the purposes of Chapters 1 and 2
of this part.
12676. The projects for the Santa Ana River Basin for the
protection of Orange County, including the projects on Lytle and
Cajon Creeks for flood protection at San Bernardino and Colton
approved in the act of Congress approved June 22, 1936, as modified
by the act of Congress approved June 28, 1938, are adopted and
authorized substantially in accordance with the recommendations
contained in the report of the Chief of Engineers dated February 11,
1944, at an estimated cost to the State of six hundred seventy-eight
thousand dollars ($678,000).
12677. The San Bernardino County Flood Control District shall give
assurances satisfactory to the Secretary of War that the local
cooperation, required by Section 3 of the act of Congress approved
December 22, 1944 (Public, Numbered 534, Seventy-eighth Congress,
Second Session), will be furnished by the San Bernardino County Flood
Control District in connection with the flood control project
adopted and authorized in Section 12676.
12678. The San Bernardino County Flood Control District, in
conjunction with the War Department, shall execute the plans and
projects referred to in Section 12676 and exercise all powers granted
to it in the San Bernardino County Flood Control Act, and the
district may make such modifications and amendments to the plans as
may be necessary to execute them for the purposes of Chapters 1 and 2
of this part.
12678.1. The project for flood control on the Santa Ana River
Mainstem, including Santiago Creek and Oak Street Drain, is adopted
and authorized substantially in accordance with the recommendations
of the Chief of Engineers Conference Report No. 99-1013 99th
Congress, as adopted and authorized by the act of Congress approved
October 17, 1986 (Public Law 99-662, the Water Resources Development
Act of 1986), at an estimated cost to the state of the sum that may
be appropriated for state cooperation by the Legislature upon the
recommendation and advice of the department.
12678.2. The Orange County Flood Control District, the Riverside
County Flood Control and Water Conservation District, and the San
Bernardino County Flood Control District shall give assurances
satisfactory to the Secretary of the Army that the local cooperation
required by the Water Resources Development Act of 1986 (Public Law
99-662) will be furnished by the districts in connection with the
project for flood control adopted and authorized in Section 12678.1.
12678.3. The Orange County Flood Control District, the Riverside
County Flood Control and Water Conservation District, and the San
Bernardino County Flood Control District, in conjunction with the
Department of the Army, shall execute the plans and projects referred
to in Section 12678.1, may exercise all powers granted to them in
the Orange County Flood Control Act (Chapter 723 of the Statutes of
1927), the Riverside County Flood Control and Water Conservation
District Act (Chapter 1122 of the Statutes of 1945), and the San
Bernardino County Flood Control Act (Chapter 73 of the Statutes of
1939), respectively, and may make modifications and amendments to the
plans as may be necessary to execute them for purposes of Chapter 1
(commencing with Section 12570) and this chapter.
12679. The plan of improvement for flood control in the Santa Ana
River Basin is adopted and authorized substantially in accordance
with the recommendations of the Chief of Engineers in House Document
Numbered 135, Eighty-first Congress, First Session, and authorized by
act of Congress approved May 17, 1950, Public Law 516, Eighty-first
Congress, Second Session, at an estimated cost to the State of such
sum as may be appropriated for state cooperation by the Legislature
upon approval of the general plan of improvement by, and the
recommendation of, the department, when funds for carrying out the
project are appropriated by Congress.
12680. The San Bernardino County Flood Control District and the
Riverside County Flood Control and Water Conservation District shall
give assurances satisfactory to the Secretary of the Army that the
local cooperation, required by Section 201 of the act of Congress
approved May 17, 1950, Public Law 516, Eighty-first Congress, Second
Session, will be furnished by the districts in connection with the
plan of improvement for flood control adopted and authorized in
Section 12679.
12681. The San Bernardino County Flood Control District and the
Riverside County Flood Control and Water Conservation District, in
conjunction with the Department of the Army, shall execute the plan
of improvement for flood control referred to in Section 12679 and
exercise all powers granted by law to the districts, and the
districts may make such modifications and amendments to the plan as
may be necessary to execute it for the purposes of Chapters 1 and 2
of this part.
12681.1. The plan of improvement for flood control on Lytle and
Warm Creeks, San Bernardino County, is adopted and authorized
substantially in accordance with the recommendations of the Chief of
Engineers in Senate Document Numbered 53, Eighty-Ninth Congress, as
authorized by act of Congress approved October 27, 1965, Public Law
89-298, 79 Stat. 1073, Title II, the "Flood Control Act of 1965," at
a cost to the state of such sum as may be appropriated for state
cooperation by the Legislature upon the recommendation and advice of
the department. This authorization shall not be deemed to confer
preference on this project over the needs of other statewide programs
in appropriation of available funds.
12681.2. The San Bernardino County Flood Control District shall
give assurances satisfactory to the Secretary of the Army that the
local cooperation, required by the act of Congress approved October
27, 1965, Public Law 89-298, 79 Stat. 1073, Title II, the "Flood
Control Act of 1965," will be furnished by the district in connection
with the plan of improvement for flood control adopted and
authorized in Section 12681.1.
12681.3. The San Bernardino County Flood Control District, in
conjunction with the Department of the Army, shall execute the plan
of improvement for flood control referred to in Section 12681.1 and
exercise all powers granted to it in the San Bernardino County Flood
Control Act (Chapter 73, Statutes of 1939), and the district may make
such modifications or amendments to the plans as may be necessary to
execute them for the purposes of Chapters 1 (commencing with Section
12570) and 2 (commencing with Section 12639) of this part.
12682. The general comprehensive plan for flood control in the
basins of the Los Angeles and San Gabriel Rivers and Ballona Creek
are adopted and authorized as set forth in House Document Numbered
838, Seventy-sixth Congress, Third Session, and approved in the act
of Congress approved August 18, 1941, at an estimated cost to the
State of twenty-two million five hundred thousand dollars
($22,500,000).
12683. The Los Angeles County Flood Control District shall give
assurances satisfactory to the Secretary of War that the local
cooperation, required by Section 3 of the act of Congress approved
December 22, 1944 (Public, Numbered 534, Seventy-eighth Congress,
Second Session) and Section 2 of the act of Congress approved August
18, 1941 (Public, Numbered 228, Seventy-eighth Congress, First
Session), will be furnished by the Los Angeles County Flood Control
District in connection with the plan for flood control adopted and
authorized in Section 12682.
12684. The Los Angeles County Flood Control District, in
conjunction with the War Department, shall execute the plans and
projects referred to in Section 12682 and exercise all powers granted
to it in the Los Angeles County Flood Control Act, and the district
may make such modifications and amendments to the plans as may be
necessary to execute them for the purposes of Chapters 1 and 2 of
this part.
12684.2. (a) The project for flood control in the Los Angeles
County Drainage Area (LACDA), known as the LACDA project, is adopted
and authorized substantially in accordance with the approval of the
Congress of the United States as indicated in, and the report of the
Chief of Engineers dated June 30, 1992, and any supplement or
addendum to that report that results from discussions between
interested parties, as authorized by, Section 101(b) of the Water
Resources Development Act of 1990 (Public Law 101-640), at an
estimated cost to the state of the sum that may be appropriated by
the Legislature for state cooperation, upon the recommendation and
advice of the department, in an amount that may not exceed 60 percent
of the nonfederal costs of the project.
(b) The authorization of the project is contingent upon the
adoption by Los Angeles County of a plan to undertake restoration
projects, including related habitat restoration and maintenance
projects, along the entire length of the Los Angeles River and
related tributaries and to increase parkland and recreational
opportunities along that river. For the purposes of preparing and
implementing the plan, the county shall consider the comments of the
advisory committee convened pursuant to subdivision (c).
(c) The Secretary of the Resources Agency shall convene an
advisory committee, comprised of experts and representatives of
organizations involved in river restoration, habitat restoration, and
community development relating to the Los Angeles River, to provide
input to the secretary and the County of Los Angeles in the
preparation and implementation of the plan.
(d) The authorization of the project is contingent upon a
determination by the Secretary of the Resources Agency and the Los
Angeles County Board of Supervisors, after a public hearing, that the
project described in subdivision (a) is a multipurpose project that
includes, in addition to flood control features, river restoration,
wildlife and habitat restoration, or park and recreational features.
12684.4. The Los Angeles County Flood Control District shall give
assurances satisfactory to the Secretary of the Army that the local
cooperation required by the Water Resources Development Act of 1990
(Public Law 101-640), will be furnished by the district in connection
with the project for flood control adopted and authorized in Section
12684.2.
12684.6. The Los Angeles County Flood Control District, in
conjunction with the Department of the Army, shall carry out the
plans and project described in Section 12684.2 and the district may
make modifications and amendments to the plans as may be necessary to
carry out the project for the purposes of Chapter 1 (commencing with
Section 12570) and this chapter.
12684.8. The Secretary of the Resources Agency shall consult with
appropriate federal agencies to assess the desirability, feasibility,
and costs of modifying the flood control project described in
Section 12684.2, in accordance with Section 2309a of Title 33 of the
United States Code or other relevant law, to include multipurpose
features designed to maximize river habitat restoration, parkland,
and recreational opportunities consistent with flood control
objectives. The secretary shall prepare and submit a report to the
Legislature, not later than March 1, 2001, concerning the results of
the consultation.
12685. The plan of improvement for flood protection on the Pajaro
River and tributaries is adopted and authorized substantially in
accordance with the recommendations of the Chief of Engineers in
House Document Numbered 505, Seventy-eighth Congress, Second Session,
at an estimated cost to the State of two hundred ninety-four
thousand eight hundred forty dollars ($294,840).
12686. The Counties of Santa Clara, Santa Cruz, and San Benito and
the Monterey County Flood Control and Water Conservation District
shall give assurances satisfactory to the Secretary of War that the
local cooperation required by Section 3 of the act of Congress
approved December 22, 1944 (Public, Numbered 534, Seventy-eighth
Congress, Second Session), will be furnished by the counties and the
district in connection with the flood control project authorized and
adopted in Section 12685.
12687. The Counties of Santa Clara, Santa Cruz, and San Benito and
the Monterey County Flood Control and Water Conservation District, in
conjunction with the War Department, shall execute the plans and
projects referred to in Section 12685, and may make such
modifications and amendments to the plans as may be necessary to
execute them for the purposes of Chapters 1 and 2 of this part.
12687.5. (a) The state may provide subvention funds in accordance
with Section 12585.7 to the Counties of Monterey and Santa Cruz, or
to local agencies in those counties, for the project for flood
control on the Pajaro River in the Counties of Monterey and Santa
Cruz, authorized by the Flood Control Act of 1966 (Public Law
89-789), that is substantially in accordance with the recommendations
of the Chief of Engineers of the United States Army Corps of
Engineers in House Document 491, 89th Congress, as follows:
(1) At an estimated cost to the state of the sum that may be
appropriated for state cooperation by the Legislature upon the
recommendations and advice of the department.
(2) Upon a specific written determination by the department that
the project meets the requirements of Section 12582.7.
(b) The state assumes no liability for damages that may result
from the project by either of the following:
(1) Authorizing the provision of subvention funds in accordance
with this section.
(2) The appropriation by the Legislature of these subvention funds
upon the recommendations and advice of the department.
(c) A county or local agency may receive the subvention funds only
if it enters into an agreement with the department pursuant to which
the county or local agency agrees to indemnify and hold and save
harmless the state, its officers, agents, and employees for any and
all liability for damages that may result from the project.
(d) For the purposes of this section, "liability for damages"
includes, but is not limited to, liability for damages relating to
the construction or operation of the project or the failure of the
project to operate as intended.
12688. The program on the Los Angeles River Watershed is adopted
and authorized substantially in accordance with the recommendation of
the Under Secretary of Agriculture in House Document Numbered 426,
Seventy-seventh Congress, First Session, at an estimated cost to the
State of one million eight hundred eighty-two thousand dollars
($1,882,000).
12689. The Los Angeles County Flood Control District shall give the
necessary assurances that the local cooperation required by the
United States on the program mentioned in Section 12688 will be
furnished by the district. It shall be the duty of the district to
execute the plan with the United States and exercise all powers
granted to it in the Los Angeles County Flood Control Act, and the
district may make such modifications and amendments to the program as
may be necessary to execute it for the purposes of Chapters 1 and 2
of this part.
12690. The program on the Santa Ynez River Watershed is adopted and
authorized substantially in accordance with the recommendations of
the Acting Secretary of Agriculture in House Document Numbered 518,
Seventy-eighth Congress, Second Session, and approved by the act of
Congress approved December 22, 1944, Public Law 534, Seventy-eighth
Congress, Second Session, and as further authorized by act of
Congress approved May 17, 1951, Public Law 516, Eighty-first
Congress, Second Session, at an estimated cost to the State of one
hundred six thousand dollars ($106,000).
12691. The County of Santa Barbara shall give the necessary
assurances that the local cooperation required by the United States
on the program mentioned in Section 12690 will be furnished by the
county. The county shall execute the plan with the United States, and
may make such modifications and amendments to the program as may be
necessary to execute it for the purposes of Chapters 1 and 2 of this
part.
12692. Consent is hereby given to the acquisition of lands by the
United States for the purposes within the scope of Section 13 of the
act of Congress approved December 22, 1944 (Public, Numbered 534,
Seventy-eighth Congress, Second Session), in connection with the
programs adopted and authorized in Sections 12688 and 12690. There
shall be paid annually by the United States to the county in which
any land acquired may lie, a sum equal to 1 percent of the purchase
price paid for the lands, or, if not acquired by purchase, 1 percent
of their valuation at the time of their acquisition.
12693. The project on the San Diego River for flood protection at
San Diego is adopted and authorized substantially in accordance with
the recommendations of the Chief of Engineers in House Document
Numbered 635, Seventy-seventh Congress, Second Session, without cost
to the State.
12694. The work of improvement on the San Diego River and Mission
Bay, San Diego County, is adopted and authorized substantially in
accordance with the report of the Chief of Engineers dated May 8,
1946, at an estimated cost to the State of one million eight hundred
twenty-six thousand dollars ($1,826,000), and the work is found to be
a work for the control of floods.
12695. The City of San Diego shall give assurances satisfactory to
the Secretary of the Army that the local cooperation, required by
Section 1 of the act of Congress approved July 24, 1946 (Public,
Numbered 525, Seventy-ninth Congress, Second Session), will be
furnished by the city in connection with the flood control project
adopted and authorized in Section 12694.
12696. The City of San Diego, in conjunction with the Department of
the Army, shall execute the plans and projects referred to in
Section 12694, and the city may make such modifications and
amendments to the plans as may be necessary to execute them for the
purposes of Chapters 1 and 2 of this part.
12697. The project for the Conn Creek Reservoir on Conn Creek for
flood control and other purposes in the Napa River Basin is adopted
and authorized substantially in accordance with the recommendations
of the Chief of Engineers in House Document Numbered 626,
Seventy-eighth Congress, without cost to the State.
12698. The project on the Russian River for flood protection and
water conservation in Sonoma and Mendocino Counties is adopted and
authorized substantially in accordance with the recommendations of
the Chief of Engineers in House Document No. 585, Eighty-first
Congress, Second Session, as authorized by act of Congress approved
May 17, 1950, Public Law 516, Eighty-first Congress, Second Session,
at an estimated cost to the State of such sum as may be appropriated
for state cooperation by the Legislature upon the recommendation and
advice of the department, when funds for carrying out the project are
appropriated by Congress.
12699. The Sonoma County Flood Control and Water Conservation
District and the Mendocino County Russian River Flood Control and
Water Conservation Improvement District, or either such agency as
appropriate, shall give assurances satisfactory to the Secretary of
the Army that the local cooperation, required by Section 201 of the
act of Congress approved May 17, 1950 (Public Law 516, 81st Congress,
Second Session), will be furnished by the districts in connection
with the plan of flood control adopted and authorized in Section
12698.
12700. The Sonoma County Flood Control and Water Conservation
District and the Mendocino County Russian River Flood Control and
Water Conservation Improvement District, or either such agency as
appropriate, in conjunction with the Department of the Army, shall
execute the plans and projects referred to in Section 12698 and
exercise all powers granted by law to the districts, and the
districts may make such modifications and amendments to the plans as
may be necessary to execute them for the purposes of Chapters 1 and 2
of this part.
12701. The project on San Lorenzo Creek in Alameda County for flood
control and allied purposes is hereby adopted and authorized
substantially in accordance with the recommendations of the Chief of
Engineers in House Document Numbered 452, Eighty-third Congress,
Second Session, as authorized by act of Congress approved September
3, 1954, Public Law 780, Eighty-third Congress, Second Session, at an
estimated cost to the State of such sum as may be appropriated for
state cooperation by the Legislature upon the recommendation and
advice of the department, when funds for carrying out said project
are appropriated by Congress.
12702. The Alameda County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local cooperation, required by the act of Congress
approved September 3, 1954 (Public Law 780, Eighty-third Congress,
Second Session) will be furnished by the district in connection with
the plan of flood control adopted and authorized in Section 12701.
12703. The Alameda County Flood Control and Water Conservation
District, in conjunction with the Department of the Army, shall
execute the plans and projects referred to in Section 12701 and
exercise all powers granted to it in the Alameda County Flood Control
and Water Conservation District Act, and the district may make
modifications and amendments to the plans as may be necessary to
execute them for the purposes of Chapters 1 and 2 of this part.
12704. The project for flood protection on San Lorenzo River in
Santa Cruz County is adopted and authorized substantially in
accordance with the recommendations of the Chief of Engineers in
House Document Numbered 447, Eighty-third Congress, Second Session,
as authorized by act of Congress approved September 3, 1954, Chapter
1264, Public Law 780, Eighty-third Congress, Second Session (Title
II, the "Flood Control Act of 1954"), at an estimated cost to the
State of such sum as may be appropriated for state cooperation by the
Legislature upon the recommendation and advice of the department,
when funds for carrying out the project are appropriated by Congress;
provided, that the requirement that local interests make a cash
contribution to the United States equal to 8.9 percent of the project
cost, is for payment of local benefits not related to flood control,
and shall not be payable or reimbursable by the State.
12705. The City of Santa Cruz shall give assurances satisfactory to
the Secretary of the Army that the local cooperation required by the
Federal Flood Control Act of 1954 will be furnished by the city in
connection with the plan of flood control adopted and authorized in
Section 12704.
12706. The City of Santa Cruz, in conjunction with the Department
of the Army, shall execute the plans and projects referred to in
Section 12704, and the city may make such modifications and
amendments to the plans as may be necessary to execute them for the
purposes of Chapters 1 and 2 of this part.
12706.3. (a) The project for flood control on the San Lorenzo River
is adopted and authorized substantially in accordance with
congressional approval and the final report of the Chief of Engineers
dated June 30, 1994, as authorized by Section 101 (a) (5) of the
Water Resources Development Act of 1996 (P.L. 104-303), as amended,
at an estimated cost to the state of the sum that may be appropriated
for state cooperation by statute, upon the recommendation and advice
of the department.
(b) The City of Santa Cruz shall give assurances satisfactory to
the Secretary of the Army that the local cooperation required by that
final report will be furnished by the city in connection with the
project for flood control.
(c) (1) The City of Santa Cruz, in conjunction with the Department
of the Army, shall carry out the project referred to in subdivision
(a) and may make modifications and amendments to the plans as may be
necessary to carry out the plans for the purposes of Chapter 1
(commencing with Section 12750) and this chapter.
(2) Notwithstanding Section 12639, if there are any major
modifications or amendments to the plans that result in a substantial
increase in the costs to the state for any estimated cost for the
project, no money shall be reallocated by the state in aid of that
portion of the project until the revised plans have been reviewed and
approved by the department. The department shall approve the revised
plans if the department determines that the benefits of the proposed
works of improvement for the revised project will exceed the cost
thereof and that the revised project appears to be the most
economical project plan, considering construction costs, land costs,
easements and rights-of-way costs, and operation and maintenance
costs.
(d) State funding for the project is contingent on the provision
of funds for that purpose in either the annual Budget Act or a
general obligation bond act. Reimbursement of the state share of the
nonfederal costs of the project shall be for those project costs
incurred on or after October 12, 1996, the date on which the project
was authorized by Congress, as set forth in Section 101(a)(5) of the
Water Resources Development Act of 1996 (P.L. 104-303).
12707. The plan of improvement for flood control, levee, and
channel improvements on the Santa Maria River and its tributaries is
adopted and authorized substantially in accordance with the
recommendations of the Chief of Engineers in House Document Numbered
400, Eighty-third Congress, Second Session, as authorized by act of
Congress approved September 3, 1954, Public Law 780, Eighty-third
Congress, Second Session, at an estimated cost to the State of one
million two hundred sixteen thousand dollars ($1,216,000).
12708. The County of Santa Barbara shall give assurances
satisfactory to the Secretary of the Army that the local cooperation,
required by the act of Congress approved September 3, 1954 (Public
Law 780, Eighty-third Congress, Second Session), will be furnished by
the county in connection with the plan of flood control adopted and
authorized in Section 12707.
12709. The County of Santa Barbara, in conjunction with the
Department of the Army, shall execute the plans and projects referred
to in Section 12707, and may make modifications and amendments to
the plans as may be necessary to execute them for the purposes of
Chapters 1 (commencing at Section 12570) and 2 (commencing at Section
12639) of this part.
12710. The plan for channel improvements and appurtenant works for
flood control on that portion of the Truckee River and tributaries
within the State of California, is adopted and authorized
substantially in accordance with the recommendations of the Chief of
Engineers in House Document No. 497, Eighty-third Congress, Second
Session, as authorized by Act of Congress approved September 3, 1954,
Public Law 780, Eighty-third Congress, Second Session, at an
estimated cost to the State of twenty thousand dollars ($20,000).
12711. The department shall give assurances satisfactory to the
Secretary of the Army that the local co-operation required by the Act
of Congress approved September 3, 1954, Public Law 780, Eighty-third
Congress, Second Session, will be furnished by the State in
connection with the plan for flood control adopted and authorized in
Section 12710.
12712. In conformance with the duty prescribed in Section 12642, it
shall be the responsibility and duty of local public agencies, now
existing or hereafter formed, including counties and public
districts, affected by the plan for flood control adopted and
authorized in Section 12710, to give assurances satisfactory to the
Secretary of the Army and the department that such local public
agencies will maintain and operate said flood control works after
their completion and hold and save the State and the United States
free from damage due to the construction and operation of said works.
12713. The project for flood protection on the Eel River, in the
Sandy Prairie region, is adopted and authorized substantially in
accordance with the recommendations of the Chief of Engineers in
House Document Numbered 80, 85th Congress, as authorized by act of
Congress approved July 3, 1958 (Public Law 85-500, 72 Stat. 297,
Title II, the "Flood Control Act of 1958"), at such estimated cost to
the State as may be appropriated for state co-operation by the
Legislature upon the recommendation and advice of the department.
12714. The County of Humboldt shall give assurances satisfactory to
the Secretary of the Army that the local co-operation, required by
Section 201 of the Act of Congress approved July 3, 1958 (Public Law
85-500, 72 Stat. 297, Title II, the "Flood Control Act of 1958"),
will be furnished by the county in connection with the project for
flood protection adopted and authorized in Section 12713.
12715. The County of Humboldt, in conjunction with the Department
of the Army, shall execute the plans and projects referred to in
Section 12713, and may make modifications and amendments to the plans
as may be necessary to execute them for the purposes of Chapters 1
(commencing at Section 12570) and 2 (commencing at Section 12639) of
this part.
12716. The project for flood protection on Walnut Creek in Contra
Costa County is adopted and authorized substantially in accordance
with the recommendations of the Chief of Engineers in House Document
Numbered 76, 86th Congress, First Session, as authorized by Act of
Congress approved July 14, 1960 (Public Law 86-645, 74 Stat. 480,
Title II, the "Flood Control Act of 1960") at an estimated cost to
the State of such sum as may be appropriated for state co-operation
by the Legislature upon the recommendation and advice of the
department, when funds for carrying out the project are appropriated
by Congress; provided, that the requirement that local interests make
a cash contribution to the United States equal to 7.4 percent of the
project cost is for payment of local benefits not related to flood
control and shall not be payable or reimbursable by the State.
12717. The Contra Costa County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local co-operation required by the Act of Congress
approved July 14, 1960 (Public Law 86-645, 74 Stat. 480, Title II,
the "Flood Control Act of 1960"), will be furnished by the district
in connection with the project for flood control adopted and
authorized in Section 12716.
12718. The Contra Costa County Flood Control and Water Conservation
District, in conjunction with the Department of the Army, shall
execute the plans and projects referred to in Section 12716 and
exercise all powers granted to it in the Contra Costa County Flood
Control and Water Conservation District Act (Chapter 1617, Statutes
of 1951), and the district may make such modifications or amendments
to the plans as may be necessary to execute them for the purposes of
Chapters 1 (commencing with Section 12570) and 2 (commencing with
Section 12639) of this part.
12718.1. The project for flood control on Alhambra Creek in Contra
Costa County is hereby adopted and authorized substantially in
accordance with the recommendations of the Chief of Engineers in
House Document Numbered 336, 90th Congress, as adopted and authorized
by the Act of Congress approved August 13, 1968 (Public Law 90-483,
82 Stat. 731, 739, Title II, the Flood Control Act of 1968), at an
estimated cost to the state of such sum as may be appropriated for
state co-operation by the Legislature upon the recommendation and
advice of the department. This authorization shall not be deemed to
confer preference on this project over the needs of other statewide
programs in appropriations of available funds.
12718.2. The Contra Costa County Flood Control and Water
Conservation District shall give assurances satisfactory to the
Secretary of the Army that the local cooperation, required by the Act
of Congress approved August 13, 1968 (Public Law 90-483, 82 Stat.
731, 739, Title II, the Flood Control Act of 1968), will be furnished
by the district in connection with the project for flood control
adopted and authorized in Section 12718.1.
12718.3. The Contra Costa County Flood Control and Water
Conservation District, in conjunction with the Department of the
Army, shall execute the plans and projects referred to in Section
12718.1, and may make modifications and amendments to the plans as
may be necessary to execute them for the purposes of Chapters 1
(commencing with Section 12570) and 2 (commencing with Section 12639)
of this part.
12719. The project for flood protection on Tahchevah Creek,
Whitewater River Basin, at and in the vicinity of Palm Springs in
Riverside County, is adopted and authorized substantially in
accordance with the recommendations of the Chief of Engineers in
House Document Numbered 171, 86th Congress, as authorized by Act of
Congress approved July 14, 1960 (Public Law 86-645, 74 Stat. 480,
Title II, the "Flood Control Act of 1960"), at an estimated cost to
the State of such sum as may be appropriated for state co-operation
by the Legislature upon the recommendation and advice of the
department, when funds for carrying out the project are appropriated
by Congress.
12720. The Riverside County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local co-operation required by the Act of Congress
approved July 14, 1960 (Public Law 86-645, 74 Stat. 480, Title II,
the "Flood Control Act of 1960"), will be furnished by the district
in connection with the project for flood control adopted and
authorized in Section 12719.
12721. The Riverside County Flood Control and Water Conservation
District, in conjunction with the Department of the Army, shall
execute the plans and projects referred to in Section 12719 and
exercise all powers granted to it in the Riverside County Flood
Control and Water Conservation District Act (Chapter 1122, Statutes
of 1945), and the district may make such modifications or amendments
to the plans as may be necessary to execute them for the purposes of
Chapters 1 (commencing with Section 12570) and 2 (commencing with
Section 12639) of this part.
12721.5. (a) The project for flood control on the Santa Ana River
at Norco Bluffs is adopted and authorized substantially in accordance
with the final report of the Chief of Engineers of the United States
Army Corps of Engineers dated December 23, 1996, as authorized by
Section 101(b)(4) of the Water Resources Development Act of 1996
(P.L. 104-303), at an estimated cost to the state of the sum that may
be appropriated for state cooperation by the Legislature, upon the
recommendation and advice of the department.
(b) The Riverside County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local cooperation required by the final report of the
Chief of Engineers of the United States Army Corps of Engineers dated
December 23, 1996, will be furnished by the district in connection
with the project for flood control adopted and authorized in
subdivision (a).
(c) The district, in conjunction with the Department of the Army,
shall carry out the plans and project and may make modifications and
amendments to the plans as may be necessary to carry out the plans
for the purposes of Chapter 1 (commencing with Section 12570) and
this chapter.
12721.7. (a) The project for habitat restoration at Gunnerson Pond
is adopted and authorized substantially in accordance with the final
project modification report of the Chief of Engineers of the United
States Army Corps of Engineers dated October 1997, as authorized by
Section 1135 of the Water Resources Development Act of 1986 (P.L.
99-662), and as previously authorized by Section 12750, at an
estimated cost to the state of the sum that may be appropriated for
state cooperation by the Legislature upon the recommendation and
advice of the department, in an amount that may not exceed 60 percent
of the nonfederal costs of the project. The department may pay 50
percent of the nonfederal capital costs of the recreation and fish
and wildlife enhancement features of the project.
(b) The Riverside County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local cooperation required by the project modification
report of the Chief of Engineers of the United States Army Corps of
Engineers dated October 1997 will be furnished by the district in
connection with the project adopted and authorized in subdivision
(a).
(c) The district, in conjunction with the Department of the Army,
shall carry out the plans and project and may make modifications and
amendments to the plans as may be necessary to carry out the plans
for the purposes of Chapter 1 (commencing with Section 12570) and
this chapter.
12721.8. Any local entity, for the purposes of carrying out a
project authorized by Sections 12661.2, 12670.7, 12670.8, 12670.14,
12670.20, 12684.2, 12706.3, 12721.5, and 12721.5, may use, whenever
feasible, the services of the California Conservation Corps and
certified local conservation corps.
12722. The project for flood protection on Alameda Creek in Alameda
County is hereby adopted and authorized substantially in accordance
with the recommendations of the Chief of Engineers in Senate Document
Numbered 128, 87th Congress, 2d Session, as authorized by act of
Congress approved October 23, 1962, Public Law 87-874, 87th Congress,
2d Session, 76 Stat. 1173, at an estimated cost to the State of two
million four hundred thousand dollars ($2,400,000).
12723. The Alameda County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local co-operation, required by the act of Congress
approved October 23, 1962 (Public Law 87-874, 76 Stat. 1173), will be
furnished by the district in connection with the plan of flood
control adopted and authorized by Section 12722.
12724. The Alameda County Flood Control and Water Conservation
District, in conjunction with the Department of the Army, shall
execute the plans and project referred to in Section 12722 and
exercise all powers granted to it in the Alameda County Flood Control
and Water Conservation District Act, and the district may make such
modifications and amendments to the plans as may be necessary to
execute them for the purposes of Chapters 1 (commencing with Section
12570) and 2 (commencing with Section 12639) of this part.
12725. The project for Russian River, Dry Creek, California is
hereby adopted and authorized substantially in accordance with the
recommendations of the Chief of Engineers in Senate Document Numbered
128, 87th Congress, 2d Session, as authorized by act of Congress
approved October 23, 1962, Public Law 87-874, 87th Congress, 2d
Session, 76 Stat. 1173, at an estimated cost to the State of such sum
as may be appropriated for state co-operation by the Legislature
upon the recommendation and advice of the department, when funds for
carrying out said project are appropriated by Congress.
12726. The Sonoma County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local co-operation, required by the act of Congress
approved October 23, 1962 (Public Law 87-874, 76 Stat. 1173), will be
furnished by the district in connection with the plan of flood
control adopted and authorized by Section 12725.
12727. The Sonoma County Flood Control and Water Conservation
District, in conjunction with the Department of the Army, shall
execute the plans and project referred to in Section 12725 and
exercise all powers granted to it in the Sonoma County Flood Control
and Water Conservation Act, and the district may make such
modifications and amendments to the plans as may be necessary to
execute them for the purposes of Chapters 1 (commencing with Section
12570) and 2 (commencing with Section 12639) of this part.
12727.1. The project for flood control on Sonoma Creek in Sonoma
County is hereby adopted and authorized substantially in accordance
with the recommendations of the Chief of Engineers in House Document
Numbered 224, 89th Congress, as adopted and authorized by the Act of
Congress approved October 27, 1965 (Public Law 89-298, 79 Stat. 1073,
Title II, the Flood Control Act of 1965), at an estimated cost to
the state of such sum as may be appropriated for state cooperation by
the Legislature upon the recommendation and advice of the
department. This authorization shall not be deemed to confer
preference on this project over the needs of other statewide programs
in appropriations of available funds.
12727.2. The Sonoma County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local cooperation, required by the Act of Congress
approved October 27, 1965 (Public Law 89-298, 79 Stat. 1073, Title
II, the Flood Control Act of 1965), will be furnished by the district
in connection with the project for flood control adopted and
authorized in Section 12727.1.
12727.3. The Sonoma County Flood Control and Water Conservation
District, in conjunction with the Department of the Army, shall
execute the plans and projects referred to in Section 12727.1, and
may make modifications and amendments to the plans as may be
necessary to execute them for the purposes of Chapters 1 (commencing
with Section 12570) and 2 (commencing with Section 12639) of this
part.
12728. The project for flood protection on Redwood Creek in
Humboldt County is adopted and authorized substantially in accordance
with the recommendations of the Chief of Engineers in House Document
Numbered 497, 87th Congress, as authorized by Act of Congress
approved October 23, 1962 (Public Law 87-874, 76 Stat. 1173, Title
II, the "Flood Control Act of 1962"), at such estimated cost to the
state as may be appropriated for state cooperation by the Legislature
upon the recommendation and advice of the department.
12729. The County of Humboldt shall give assurances satisfactory to
the Secretary of the Army that the local cooperation, required by
the Act of Congress approved October 23, 1962 (Public Law 87-874, 76
Stat. 1173, Title II, the "Flood Control Act of 1962"), will be
furnished by the county in connection with the project for flood
protection adopted and authorized in Section 12728.
12730. The County of Humboldt, in conjunction with the Department
of the Army, shall execute the plans and projects referred to in
Section 12728, and may make modifications and amendments to the plans
as may be necessary to execute them for the purposes of Chapters 1
(commencing with Section 12570) and 2 (commencing with Section 12639)
of this part.
12731. The project for flood control construction of debris basins
and channel clearing in the Santa Barbara, California, area as
authorized by Public Law 88-635, 78 Stat. 1023, is adopted and
authorized at such cost to the state as may be appropriated for state
cooperation by the Legislature upon the recommendation and advice of
the department.
12732. The County of Santa Barbara shall give assurances
satisfactory to the Secretary of the Army that the local cooperation,
required by Section 2 of the Flood Control Act of 1938 (Public Law
761-75th Congress), will be furnished by the county in connection
with the project for flood protection adopted and authorized in
Section 12731.
12733. The County of Santa Barbara, in conjunction with the
Department of the Army, shall execute the plans and projects referred
to in Section 12731, and may make modifications and amendments to
the plans as may be necessary to execute them for the purposes of
Chapters 1 (commencing with Section 12570) and 2 (commencing with
Section 12639) of this part.
12734. The project for Corte Madera Creek, Marin County,
California, is hereby adopted and authorized substantially in
accordance with the recommendations of the Secretary of the Army and
the Chief of Engineers in House Document Numbered 545, 87th Congress,
2nd Session, as authorized by act of Congress approved October 23,
1962, Public Law 87-874, 87th Congress, 2nd Session, 76 Stat. 1173,
at an estimated cost to the state of such sum as may be appropriated
for state cooperation by the Legislature upon the recommendation and
advice of the department, when funds for carrying out said project
are appropriated by Congress; provided, that the requirement that
local interests shall contribute in cash 3 percent of the federal
construction costs of the Ross Valley unit is for payment of a local
benefit, and such cost shall not be payable or reimbursable by the
state.
12735. The Marin County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local cooperation, required by the act of Congress
approved October 23, 1962 (Public Law 87-874, 76 Stat. 1173), will be
furnished by the district in connection with the plan of flood
control adopted and authorized by Section 12734.
12736. The Marin County Flood Control and Water Conservation
District, in conjunction with the Department of the Army, shall
execute the plans and project referred to in Section 12734 and
exercise all powers granted to it in the Marin County Flood Control
and Water Conservation Act, and the district may make such
modifications and amendments to the plans as may be necessary to
execute them for the purposes of Chapters 1 (commencing with Section
12570) and 2 (commencing with Section 12639) of this part.
12737. The project for flood protection on the Klamath River at and
in the vicinity of Klamath, California, is hereby adopted and
authorized substantially in accordance with the recommendations of
the Chief of Engineers in House Document Numbered 478, 89th Congress,
as authorized by the Flood Control Act of 1966 (Title II of the act
approved November 7, 1966, Public Law 89-789, 80 Stat. 1405), at an
estimated cost to the state of such sum as may be appropriated, from
time to time, for state cooperation by the Legislature upon the
recommendation and advice of the department, to be available for
expenditure as funds for carrying out said project are appropriated
by Congress. "Lands, easements, and rights-of-way" for this project
may include lands for the relocation site of the town of Klamath.
12738. The County of Del Norte shall give assurances satisfactory
to the Secretary of the Army that the local cooperation required by
the Flood Control Act of 1966 (Public Law 89-789, 80 Stat. 1405),
will be furnished by the county in connection with the plan for flood
control purposes adopted and authorized in Section 12737.
12739. The County of Del Norte, in conjunction with the Department
of the Army, shall execute the plans and projects referred to in
Section 12737, and may make such modifications and amendments to the
plans as may be necessary to execute them for the purposes of
Chapters 1 (commencing with Section 12570) and 2 (commencing with
Section 12639) of this part. The county may acquire lands, easements,
and rights-of-way for the project, including those required for the
relocated site of the town of Klamath.
12740. The project for flood protection for the Lakeport Reservoir
on Scott Creek in Lake County is adopted and authorized substantially
in accordance with the recommendations of the Chief of Engineers in
House Document 259, 89th Congress, and adopted and authorized by the
Act of Congress approved October 27, 1965 (Public Law 89-298, 79
Stat. 1083, Title II, the Flood Control Act of 1965), at such
estimated cost to the state as may be appropriated for state
cooperation by the Legislature upon the recommendation and advice of
the department. This authorization shall not be deemed to confer
preference on this project over the needs of other statewide programs
in appropriations of available funds.
12741. The Lake County Watershed Protection District shall give
assurances satisfactory to the Secretary of the Army that the local
cooperation, required by the Act of Congress approved October 27,
1965 (Public Law 89-298, 79 Stat. 1083, Title II, the Flood Control
Act of 1965), will be furnished by the district in connection with
the project for flood protection adopted and authorized in Section
12740.
12742. The Lake County Watershed Protection District, in
conjunction with the Department of the Army, shall execute the plans
and projects referred to in Section 12740, and may make modifications
and amendments to the plans as may be necessary to execute them for
the purposes of Chapters 1 (commencing with Section 12570) and 2
(commencing with Section 12639) of this part.
12743. The project for flood protection on San Diego River (Mission
Valley), California, is hereby adopted and authorized substantially
in accordance with the recommendations of the Chief of Engineers in
House Document Numbered 212, 89th Congress, as authorized by the
Flood Control Act of 1965 (Title II of the Act approved October 27,
1965, Public Law 89-298, 79 Stat. 1073, 1084), at such estimated cost
to the state as may be appropriated for state cooperation by the
Legislature upon the recommendation and advice of the department.
This authorization shall not be deemed to confer preference on this
project over the needs of other statewide programs in appropriations
of available funds.
12743.1. The City of San Diego shall give assurances satisfactory
to the Secretary of the Army that the local cooperation required by
the act approved October 27, 1965, (Public Law 89-298, 79 Stat. 1073,
Title II, the Flood Control Act of 1965), will be furnished by the
city in connection with the project for flood protection adopted and
authorized in Section 12743.
12743.2. The City of San Diego, in conjunction with the Department
of the Army, shall execute the plans and projects referred to in
Section 12743, and may make modifications and amendments to the plans
as may be necessary to execute them for the purposes of Chapters 1
(commencing with Section 12570) and 2 (commencing with Section 12639)
of this part.
12744. The project for flood protection on the Tijuana River in
California is hereby adopted and authorized substantially in
accordance with the "Report on an International Flood Control
Project, Tijuana River Basin", prepared by the United States Section,
International Boundary and Water Commission, United States and
Mexico, and as authorized by the act approved October 10, 1966,
Public Law 89-640, 80 Stat. 884, at such estimated cost to the state
as may be appropriated for state cooperation by the Legislature upon
the recommendation and advice of the department; provided, that the
requirement that local interests pay a portion of the construction
costs, based upon land enhancement, is for payment of local benefits
not related to flood control, and shall not be payable or
reimbursable by the state. This authorization shall not be deemed to
confer preference on this project over the needs of other statewide
programs in appropriations of available funds.
12744.1. The City of San Diego shall give assurances satisfactory
to the United States that the local cooperation required by federal
legislation in connection with the project for flood protection
adopted and authorized in Section 12744 will be furnished by the
city.
12744.2. The City of San Diego, in conjunction with the Department
of the Army, shall execute the plans and projects referred to in
Section 12744, and may make modifications and amendments to the plans
as may be necessary to execute them for the purposes of Chapters 1
(commencing with Section 12570) and 2 (commencing with Section 12639)
of this part.
12745. The project for flood protection on the Sweetwater River in
the County of San Diego is adopted and authorized substantially in
accordance with the recommendations of the Chief of Engineers in
House Document Numbered 148, 90th Congress, Second Session, at such
estimated cost to the state as may be appropriated for state
cooperation by the Legislature upon the recommendation and advice of
the department. This authorization shall not be deemed to confer
preference on this project over the needs of the other statewide
programs in appropriations of available funds.
12745.1. With respect to the project authorized by Section 12745,
the County of San Diego may acquire the lands, easements and
rights-of-way for said project even though the project has not been
authorized by the Congress. In the event said lands, easements, and
rights-of-way for said project are acquired by the county in
cooperation with the State Department of Public Works along with the
lands, easements, and rights-of-way acquired by said department for
state highway purposes, the County of San Diego may make application
to the Department of Water Resources for reimbursement pursuant to
Section 12829, and reimbursement for the costs of such lands,
easements, and rights-of-way for the project may be paid after the
Congress has appropriated funds for the construction of the project.
Prior to the acquisition of any lands, easements, or rights-of-way
for the project, the County of San Diego shall execute an agreement
with the department under which it agrees to hold the state harmless
from damages due from the construction, operation, or maintenance of
the project.
12746. The project for flood protection on Tahquitz Creek in
California is hereby adopted and authorized substantially in
accordance with the recommendations of the Chief of Engineers in
House Document Numbered 223, 89th Congress, as authorized by the
Flood Control Act of 1965 (Title II of the act approved October 27,
1965, Public Law 89-298, 79 Stat. 1073, 1084), at such estimated cost
to the state as may be appropriated for state cooperation by the
Legislature upon the recommendation and advice of the department;
provided, that the requirement that local interests pay a portion of
the construction costs, based upon land enhancement, is for payment
of local benefits not related to flood control, and shall not be
payable or reimbursable by the state. This authorization shall not be
deemed to confer preference on this project over the needs of other
statewide programs in appropriations of available funds.
12746.1. The Riverside County Flood Control and Water Conservation
District shall give assurances satisfactory to the United States that
the local cooperation required by federal legislation in connection
with the project for flood protection adopted and authorized in
Section 12746 will be furnished by the district.
12746.2. The Riverside County Flood Control and Water Conservation
District, in conjunction with the Department of the Army, shall
execute the plans and projects referred to in Section 12746, and may
make modifications and amendments to the plans as may be necessary to
execute them for the purposes of Chapters 1 (commencing with Section
12570) and 2 (commencing with Section 12639) of this part.
12747. The plan of improvement for flood control and other purposes
on Cucamonga Creek in San Bernardino County is hereby adopted and
authorized substantially in accordance with the recommendations of
the Chief of Engineers in House Document Numbered 323, 90th Congress,
as adopted and authorized by the Act of Congress approved August 13,
1968 (Public Law 90-483, the "Flood Control Act of 1968"), at an
estimated cost to the state of such sum as may be appropriated for
state cooperation by the Legislature upon the recommendation and
advice of the department. This authorization shall not be deemed to
confer preference on this project over the needs of other statewide
programs in appropriation of available funds.
12747.1. The San Bernardino County Flood Control District shall
give assurances satisfactory to the Secretary of the Army that the
local cooperation, required by the Act of Congress approved August
13, 1968 (Public Law 90-483, the "Flood Control Act of 1968"), will
be furnished by the district in connection with the plan of
improvement for flood control adopted and authorized in Section
12747.
12747.2. The San Bernardino County Flood Control District, in
conjunction with the Department of the Army, shall execute the plan
of improvement for flood control referred to in Section 12747 and
exercise all powers granted to it in the San Bernardino County Flood
Control Act (Chapter 73, Statutes of 1939), and the district may make
such modifications or amendments to the plans as may be necessary to
execute them for the purposes of Chapters 1 (commencing with Section
12570) and 2 (commencing with Section 12639) of this part.
12748. The plan of improvement for flood control and other purposes
on the Napa River in Napa County is hereby adopted and authorized
substantially in accordance with the recommendations of the Chief of
Engineers in House Document Numbered 222, 89th Congress, as adopted
and authorized by the Act of Congress approved October 27, 1965
(Public Law 89-298, the "Flood Control Act of 1965"), as modified by
data in the General Design Memorandum transmitted December 8, 1970,
by the District Engineer, San Francisco District, Corps of Engineers,
to the Director of Water Resources, at an estimated cost to the
state of such sum as may be appropriated for state cooperation by the
Legislature upon the recommendation and advice of the department.
This authorization shall not be deemed to confer preference on this
project over the needs of other statewide programs in appropriation
of available funds.
The state payments on the Napa River Flood Control Project shall
be 75 percent of the costs of lands and rights or interests in lands
whereon channel improvements and channel rectifications are located,
and of lands, rights, or interests in lands necessary in connection
with the construction, operation, or maintenance of such channel
improvements or rectifications, including those necessary for flowage
purposes, spoil areas, borrow pits, or for access roads, and shall
be 90 percent of the costs of the relocation, reconstruction, or
replacement of existing improvements, structures, or utilities
rendered necessary by the project.
The local agency payments on the Napa River Flood Control Project
shall be 25 percent of the costs of lands and rights or interests in
lands whereon channel improvements and channel rectifications are
located, and of lands, rights, or interests in lands necessary in
connection with the construction, operation, or maintenance of such
channel improvements or rectifications, including those necessary for
flowage purposes, spoil areas, borrow pits or for access roads, and
shall be 10 percent of the costs of the relocation, reconstruction,
or replacement of existing improvements, structures, or utilities
rendered necessary by the project.
The local agency may receive credit against its share of the costs
of lands, easements, and rights-of-way for lands required for the
project which were acquired not more than five years prior to federal
authorization of the project. The amount of this credit shall be
determined by the department by applying the 75 percent representing
the state portion of the costs of lands, easements, and rights-of-way
to the actual costs of the local agency in the case of acquisition
by purchase or condemnation, and to the fair market value at the time
of title transfer in the case of acquisition free of charge. The
department is authorized to loan the local agency the funds necessary
to pay such local portion of the costs of lands, easements, and
rights-of-way less any credit for acquired lands granted to the local
agency by the department. Such loans may not exceed a period of 10
years and the rate of interest on such loans shall be the current
rate for the state's Pooled Money Investment Account. Such loans
shall be repaid in annual installments beginning one year after the
loan is made. Annual loan payments may be deducted from the state's
annual tax subvention to the local agency, if any. In the event that
the local agency does not receive tax subventions from the state
adequate to make the loan payment and becomes in default on the loan
payments, the local agency, notwithstanding any other provisions of
any statute limiting its tax ceiling, shall levy sufficient taxes to
repay the loan. Notwithstanding any other provisions of law, the
local agency is authorized to accept the loans authorized pursuant to
this section.
12748.1. The Napa County Flood Control and Water Conservation
District shall give assurances satisfactory to the Secretary of the
Army that the local cooperation, required by the Act of Congress
approved October 27, 1965 (Public Law 89-298, the "Flood Control Act
of 1965"), will be furnished by the district in connection with the
plan of improvement for flood control adopted and authorized in
Section 12748.
12748.2. The Napa County Flood Control and Water Conservation
District, in conjunction with the Department of the Army, shall
execute the plan of improvement for flood control referred to in
Section 12748 and exercise all powers granted to it in the Napa
County Flood Control and Water Conservation District Act (Chapter
1449, Statutes of 1951), and the district may make such modifications
or amendments to the plans as may be necessary to execute them for
the purposes of Chapters 1 (commencing with Section 12570) and 2
(commencing with Section 12639) of this part.
12748.3. (a) The state may provide funds in accordance with Section
12585.7 to the City of St. Helena, or to local agencies in the
County of Napa, for the project for flood control on the Napa River
in the County of Napa authorized by Section 5054 of the federal Water
Resources Development Act of 2007 (Public Law 110-114), as follows:
(1) At an estimated cost to the state of the sum that may be
appropriated for state cooperation by the Legislature upon the
recommendations and advice of the department.
(2) Upon a specific written determination by the department that
the project meets the requirements of Section 12582.7.
(b) The state assumes no liability for damages that may result
from the project by either of the following:
(1) Authorizing the provision of funds in accordance with this
section.
(2) The appropriation by the Legislature of these funds upon the
recommendations and advice of the department.
(c) A county or local agency may receive the funds only if it
enters into an agreement with the department pursuant to which the
city or local agency agrees to indemnify and hold and save harmless
the state, its offic
