Article 5. Diversion Of Water From Streams of California Fish And Game Code >> Division 6. >> Part 1. >> Chapter 3. >> Article 5.
(a) Notwithstanding any provision of Article 3 (commencing
with Section 5980) and Article 4 (commencing with Section 6020), on
or after January 1, 1972, any new diversion of water from any stream
having populations of salmon and steelhead that is determined by the
department to be deleterious to salmon and steelhead shall be
screened by the owner. The construction, operation, or maintenance
costs of any screen required pursuant to this article shall be borne
by the owner of the diversion.
(b) The department within 30 days of providing written notice to
the owner that the department has determined that the diversion is
deleterious to salmon and steelhead pursuant to subdivision (a), or
within the time determined by mutual written agreement, shall submit
to the owner its proposals as to measures necessary to protect the
salmon and steelhead. The department shall notify the owner that it
shall make onsite investigation and shall make any other
investigation before it shall propose any measures necessary to
protect fishlife.
(c) The department, or any agency of the state, shall provide the
owner of the diversion any available information that is required by
the owner in order to comply with the provisions of this article.
(d) The diversion shall not commence until the department has
determined that measures necessary to protect fishlife have been
incorporated into the plans and construction of the diversion.