State Codes and Statutes

Statutes > California > Wat > 79068-79068.20

WATER CODE
SECTION 79068-79068.20



79068.  Unless the context otherwise requires, the definitions set
forth in this section govern the construction of this article.
   (a) "Nonstructural improvements" are projects that are intended to
reduce or eliminate susceptibility to flooding by preserving or
increasing the flood-carrying capacity of floodways, and include such
measures as levees, setback levees, floodproofing structures, and
zoning, designating, or acquiring flood prone areas.
   (b) "Structural improvements" are projects that are intended to
modify flood patterns and rely primarily on constructed components,
and include such measures as levees, floodwalls, and improved
channels.
   (c) "Subaccount" means the Yuba Feather Flood Protection
Subaccount created by Section 79068.2.



79068.2.  There is hereby created in the account the Yuba Feather
Flood Protection Subaccount.



79068.4.  The sum of ninety million dollars ($90,000,000) is hereby
transferred from the account to the subaccount for the purposes of
implementing this article.



79068.6.  Seventy million dollars ($70,000,000) in the subaccount,
upon appropriation by the Legislature to the department or
Reclamation Board, shall be used by the department or Reclamation
Board to fund one or more of the following flood protection projects
to be implemented by a local public entity that has legal authority
and jurisdiction to implement a flood control program along the Yuba
and Feather Rivers and their tributaries:
   (a) The construction or improvements of weirs, bypasses, and
channels.
   (b) The construction of levees or improving publicly maintained
levees, including, but not limited to, setback levees, training
walls, floodwalls, and streambank protection projects, which provide
flood protection or flood damage reduction.
   (c) The modification or reoperation of existing dams and
waterworks, including spillways or other capital outlay facilities,
for the purpose of increased efficiency in managing flood waters.
   (d) The installation of tailwater suppression systems, detention
basins, relief wells, test wells, flood warning systems, and
telemetry devices.
   (e) The relocation or floodproofing of structures within
floodplains, which meet or exceed a community's floodplain
regulations, pursuant to the National Flood Insurance Program.
   (f) Implementation of watershed projects, which provide flood
protection or flood damage reduction.
   (g) The construction of, or improvement to, a state or interstate
highway, county road, or a levee road, that is designated a flood
emergency evacuation route, or that provides access to a levee for
emergency vehicles, flood fights, or levee repair and maintenance, or
a project that protects such a road or highway.
   (h) The purchase of lands, easements, and rights-of-way.
   (i) Capital costs of environmental mitigation.



79068.8.  No expenditures of state funds may be made under this
article until the department or the Reclamation Board determines that
all of the following requirements have been met:
   (a) There is a final environmental document prepared pursuant to
the California Environmental Quality Act (commencing with Section
21000 of the Public Resources Code).
   (b) The project is in compliance with the California Endangered
Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3
of the Fish and Game Code), as demonstrated by documentation such as
comments received from the Department of Fish and Game, a permit
obtained from the Department of Fish and Game or other appropriate
evidence.
   (c) The local project proponent agrees to pay at least that
portion of the nonfederal capital costs of the project required by
Section 12585.5.
   (d) The local project proponent agrees to operate and maintain the
completed project.
   (e) The local project proponent enters into an agreement
indemnifying and holding the state, its agencies, officers and
employees free and harmless from any and all liability arising out of
the design, construction, operation and maintenance of the project.
   (f) The project is recommended for implementation by the
department or the Reclamation Board.



79068.10.  All of the following factors shall be considered by the
department and the Reclamation Board for prioritizing projects:
   (a) Potential loss of life from flooding.
   (b) Increased flood protection or flood damage reduction for areas
that have the greatest flood risk or have experienced repetitive
flood loss.
   (c) The local community is a small community with financial
hardship.
   (d) Projects that provide multiple benefits.
   (e) Projects that are implemented in accordance with the
Sacramento/San Joaquin River Basins Comprehensive Study.
   (f) Projects that are implemented pursuant to the completion of
feasibility studies conducted by the United States Army Corps of
Engineers or local agencies.
   (g) Projects along the Yuba and Feather Rivers and their
tributaries.
   (h) Projects that address regional flood problems.
   (i) Projects along the Colusa Drain and its tributaries.
   (j) Minimizing impacts to the environment.



79068.12.  Of the fund appropriated pursuant to Section 79068.6, two
million six hundred thousand dollars ($2,600,000) in the subaccount
shall be used for the local share of levee repairs and enhancements
in Sutter County.


79068.14.  (a) Twenty million dollars ($20,000,000) in the
subaccount, upon appropriation to the Department of Fish and Game,
may be used by that department, if it determines that any flood
control project undertaken pursuant to this article would result in a
reduction of, or damage to, fish, wildlife, or riparian habitat, to
protect, improve, restore, create, or enhance fish, wildlife, and
riparian habitat of a comparable type to that which was reduced or
damaged.
   (b) Any land acquired pursuant to this section shall be acquired
from willing sellers.



79068.16.  If all of the funds appropriated pursuant to Section
79068.6 are encumbered, and any funds described in Section 79068.14
are not needed for the purposes of that section, as stated in writing
by that department to the Legislature, the Legislature may
appropriate the funds not needed for the purposes of Section 79068.14
for the purposes of Article 4 (commencing with Section 79055).



79068.18.  Not more than 5 percent of the total amount deposited in
the subaccount may be used to pay the costs incurred in connection
with the administration of this chapter.



79068.20.  The department and the Reclamation Board may adopt
regulations to carry out this article.


State Codes and Statutes

Statutes > California > Wat > 79068-79068.20

WATER CODE
SECTION 79068-79068.20



79068.  Unless the context otherwise requires, the definitions set
forth in this section govern the construction of this article.
   (a) "Nonstructural improvements" are projects that are intended to
reduce or eliminate susceptibility to flooding by preserving or
increasing the flood-carrying capacity of floodways, and include such
measures as levees, setback levees, floodproofing structures, and
zoning, designating, or acquiring flood prone areas.
   (b) "Structural improvements" are projects that are intended to
modify flood patterns and rely primarily on constructed components,
and include such measures as levees, floodwalls, and improved
channels.
   (c) "Subaccount" means the Yuba Feather Flood Protection
Subaccount created by Section 79068.2.



79068.2.  There is hereby created in the account the Yuba Feather
Flood Protection Subaccount.



79068.4.  The sum of ninety million dollars ($90,000,000) is hereby
transferred from the account to the subaccount for the purposes of
implementing this article.



79068.6.  Seventy million dollars ($70,000,000) in the subaccount,
upon appropriation by the Legislature to the department or
Reclamation Board, shall be used by the department or Reclamation
Board to fund one or more of the following flood protection projects
to be implemented by a local public entity that has legal authority
and jurisdiction to implement a flood control program along the Yuba
and Feather Rivers and their tributaries:
   (a) The construction or improvements of weirs, bypasses, and
channels.
   (b) The construction of levees or improving publicly maintained
levees, including, but not limited to, setback levees, training
walls, floodwalls, and streambank protection projects, which provide
flood protection or flood damage reduction.
   (c) The modification or reoperation of existing dams and
waterworks, including spillways or other capital outlay facilities,
for the purpose of increased efficiency in managing flood waters.
   (d) The installation of tailwater suppression systems, detention
basins, relief wells, test wells, flood warning systems, and
telemetry devices.
   (e) The relocation or floodproofing of structures within
floodplains, which meet or exceed a community's floodplain
regulations, pursuant to the National Flood Insurance Program.
   (f) Implementation of watershed projects, which provide flood
protection or flood damage reduction.
   (g) The construction of, or improvement to, a state or interstate
highway, county road, or a levee road, that is designated a flood
emergency evacuation route, or that provides access to a levee for
emergency vehicles, flood fights, or levee repair and maintenance, or
a project that protects such a road or highway.
   (h) The purchase of lands, easements, and rights-of-way.
   (i) Capital costs of environmental mitigation.



79068.8.  No expenditures of state funds may be made under this
article until the department or the Reclamation Board determines that
all of the following requirements have been met:
   (a) There is a final environmental document prepared pursuant to
the California Environmental Quality Act (commencing with Section
21000 of the Public Resources Code).
   (b) The project is in compliance with the California Endangered
Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3
of the Fish and Game Code), as demonstrated by documentation such as
comments received from the Department of Fish and Game, a permit
obtained from the Department of Fish and Game or other appropriate
evidence.
   (c) The local project proponent agrees to pay at least that
portion of the nonfederal capital costs of the project required by
Section 12585.5.
   (d) The local project proponent agrees to operate and maintain the
completed project.
   (e) The local project proponent enters into an agreement
indemnifying and holding the state, its agencies, officers and
employees free and harmless from any and all liability arising out of
the design, construction, operation and maintenance of the project.
   (f) The project is recommended for implementation by the
department or the Reclamation Board.



79068.10.  All of the following factors shall be considered by the
department and the Reclamation Board for prioritizing projects:
   (a) Potential loss of life from flooding.
   (b) Increased flood protection or flood damage reduction for areas
that have the greatest flood risk or have experienced repetitive
flood loss.
   (c) The local community is a small community with financial
hardship.
   (d) Projects that provide multiple benefits.
   (e) Projects that are implemented in accordance with the
Sacramento/San Joaquin River Basins Comprehensive Study.
   (f) Projects that are implemented pursuant to the completion of
feasibility studies conducted by the United States Army Corps of
Engineers or local agencies.
   (g) Projects along the Yuba and Feather Rivers and their
tributaries.
   (h) Projects that address regional flood problems.
   (i) Projects along the Colusa Drain and its tributaries.
   (j) Minimizing impacts to the environment.



79068.12.  Of the fund appropriated pursuant to Section 79068.6, two
million six hundred thousand dollars ($2,600,000) in the subaccount
shall be used for the local share of levee repairs and enhancements
in Sutter County.


79068.14.  (a) Twenty million dollars ($20,000,000) in the
subaccount, upon appropriation to the Department of Fish and Game,
may be used by that department, if it determines that any flood
control project undertaken pursuant to this article would result in a
reduction of, or damage to, fish, wildlife, or riparian habitat, to
protect, improve, restore, create, or enhance fish, wildlife, and
riparian habitat of a comparable type to that which was reduced or
damaged.
   (b) Any land acquired pursuant to this section shall be acquired
from willing sellers.



79068.16.  If all of the funds appropriated pursuant to Section
79068.6 are encumbered, and any funds described in Section 79068.14
are not needed for the purposes of that section, as stated in writing
by that department to the Legislature, the Legislature may
appropriate the funds not needed for the purposes of Section 79068.14
for the purposes of Article 4 (commencing with Section 79055).



79068.18.  Not more than 5 percent of the total amount deposited in
the subaccount may be used to pay the costs incurred in connection
with the administration of this chapter.



79068.20.  The department and the Reclamation Board may adopt
regulations to carry out this article.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Wat > 79068-79068.20

WATER CODE
SECTION 79068-79068.20



79068.  Unless the context otherwise requires, the definitions set
forth in this section govern the construction of this article.
   (a) "Nonstructural improvements" are projects that are intended to
reduce or eliminate susceptibility to flooding by preserving or
increasing the flood-carrying capacity of floodways, and include such
measures as levees, setback levees, floodproofing structures, and
zoning, designating, or acquiring flood prone areas.
   (b) "Structural improvements" are projects that are intended to
modify flood patterns and rely primarily on constructed components,
and include such measures as levees, floodwalls, and improved
channels.
   (c) "Subaccount" means the Yuba Feather Flood Protection
Subaccount created by Section 79068.2.



79068.2.  There is hereby created in the account the Yuba Feather
Flood Protection Subaccount.



79068.4.  The sum of ninety million dollars ($90,000,000) is hereby
transferred from the account to the subaccount for the purposes of
implementing this article.



79068.6.  Seventy million dollars ($70,000,000) in the subaccount,
upon appropriation by the Legislature to the department or
Reclamation Board, shall be used by the department or Reclamation
Board to fund one or more of the following flood protection projects
to be implemented by a local public entity that has legal authority
and jurisdiction to implement a flood control program along the Yuba
and Feather Rivers and their tributaries:
   (a) The construction or improvements of weirs, bypasses, and
channels.
   (b) The construction of levees or improving publicly maintained
levees, including, but not limited to, setback levees, training
walls, floodwalls, and streambank protection projects, which provide
flood protection or flood damage reduction.
   (c) The modification or reoperation of existing dams and
waterworks, including spillways or other capital outlay facilities,
for the purpose of increased efficiency in managing flood waters.
   (d) The installation of tailwater suppression systems, detention
basins, relief wells, test wells, flood warning systems, and
telemetry devices.
   (e) The relocation or floodproofing of structures within
floodplains, which meet or exceed a community's floodplain
regulations, pursuant to the National Flood Insurance Program.
   (f) Implementation of watershed projects, which provide flood
protection or flood damage reduction.
   (g) The construction of, or improvement to, a state or interstate
highway, county road, or a levee road, that is designated a flood
emergency evacuation route, or that provides access to a levee for
emergency vehicles, flood fights, or levee repair and maintenance, or
a project that protects such a road or highway.
   (h) The purchase of lands, easements, and rights-of-way.
   (i) Capital costs of environmental mitigation.



79068.8.  No expenditures of state funds may be made under this
article until the department or the Reclamation Board determines that
all of the following requirements have been met:
   (a) There is a final environmental document prepared pursuant to
the California Environmental Quality Act (commencing with Section
21000 of the Public Resources Code).
   (b) The project is in compliance with the California Endangered
Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3
of the Fish and Game Code), as demonstrated by documentation such as
comments received from the Department of Fish and Game, a permit
obtained from the Department of Fish and Game or other appropriate
evidence.
   (c) The local project proponent agrees to pay at least that
portion of the nonfederal capital costs of the project required by
Section 12585.5.
   (d) The local project proponent agrees to operate and maintain the
completed project.
   (e) The local project proponent enters into an agreement
indemnifying and holding the state, its agencies, officers and
employees free and harmless from any and all liability arising out of
the design, construction, operation and maintenance of the project.
   (f) The project is recommended for implementation by the
department or the Reclamation Board.



79068.10.  All of the following factors shall be considered by the
department and the Reclamation Board for prioritizing projects:
   (a) Potential loss of life from flooding.
   (b) Increased flood protection or flood damage reduction for areas
that have the greatest flood risk or have experienced repetitive
flood loss.
   (c) The local community is a small community with financial
hardship.
   (d) Projects that provide multiple benefits.
   (e) Projects that are implemented in accordance with the
Sacramento/San Joaquin River Basins Comprehensive Study.
   (f) Projects that are implemented pursuant to the completion of
feasibility studies conducted by the United States Army Corps of
Engineers or local agencies.
   (g) Projects along the Yuba and Feather Rivers and their
tributaries.
   (h) Projects that address regional flood problems.
   (i) Projects along the Colusa Drain and its tributaries.
   (j) Minimizing impacts to the environment.



79068.12.  Of the fund appropriated pursuant to Section 79068.6, two
million six hundred thousand dollars ($2,600,000) in the subaccount
shall be used for the local share of levee repairs and enhancements
in Sutter County.


79068.14.  (a) Twenty million dollars ($20,000,000) in the
subaccount, upon appropriation to the Department of Fish and Game,
may be used by that department, if it determines that any flood
control project undertaken pursuant to this article would result in a
reduction of, or damage to, fish, wildlife, or riparian habitat, to
protect, improve, restore, create, or enhance fish, wildlife, and
riparian habitat of a comparable type to that which was reduced or
damaged.
   (b) Any land acquired pursuant to this section shall be acquired
from willing sellers.



79068.16.  If all of the funds appropriated pursuant to Section
79068.6 are encumbered, and any funds described in Section 79068.14
are not needed for the purposes of that section, as stated in writing
by that department to the Legislature, the Legislature may
appropriate the funds not needed for the purposes of Section 79068.14
for the purposes of Article 4 (commencing with Section 79055).



79068.18.  Not more than 5 percent of the total amount deposited in
the subaccount may be used to pay the costs incurred in connection
with the administration of this chapter.



79068.20.  The department and the Reclamation Board may adopt
regulations to carry out this article.