State Codes and Statutes

State Codes and Statutes

Statutes > California > Wat > 6357-6357.4

SECTION 6357-6357.4

6357.  Each certificate of approval issued by the department under
this part may contain such terms and conditions as the department may

6357.1.  The department may revoke any certificate of approval
whenever it determines that the dam or reservoir constitutes a danger
to life and property. Whenever it deems such action necessary to
safeguard life and property, the department may also amend the terms
and conditions of any such certificate by issuing a new certificate
containing the revised terms and conditions.

6357.2.  The owner of a dam or reservoir for which a certificate of
approval has been issued shall not, through action or inaction, cause
the dam or reservoir to impound water after the certificate
terminates unless a new certificate is issued for the dam or
reservoir. A new certificate shall be issued upon a finding by the
department that the dam or reservoir is safe to impound water within
the limits prescribed in the certificate.

6357.3.  With respect to each certificate of approval or written
consent for use of a dam which has been issued by the department or a
predecessor of the department and which is in effect prior to the
effective date of this article, the department shall, within one year
from such effective date, issue a new certificate of approval, which
shall supersede the previous certificate or written consent for use,
or shall revoke the existing certificate or written consent for use
if it finds that the dam or reservoir is not safe to impound water.

6357.4.  Before any certificate of approval is revoked by the
department, the department shall hold a hearing. Written notice of
the time and place of the hearing shall be mailed, at least 20 days
prior to the date set for the hearing, to the holder of the
certificate. Any interested persons may appear at the hearing and
present their views and objections to the proposed action. Any
petition for a writ of mandate to inquire into the validity of action
of the department revoking a certificate of approval shall be
commenced within 30 days after service of notice of the revocation on
the holder of the certificate.