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Chapter 1. General Powers Of Department Of Water Resources of California Water Code >> Division 5. >> Part 2. >> Chapter 1.
The department may make examinations of lands subject to
inundation and overflow by flood waters and of the waters causing the
inundation or overflow and may make plans and estimates of the cost
of works to regulate and control the flood waters.
Whenever the law provides for any drainage or improving or
rectifying river channels or other work on any river or slough
flowing into San Francisco Bay, San Pablo Bay, and Suisun Bay, or on
the tide waters flowing into said bays, the management and control of
the work is in the department, if no other agency is specified.
The department shall have charge of all expenditures unless
otherwise provided by law for all public works relating to general
river and harbor improvements, including reclamation and drainage of
lands.
The department may purchase, construct and operate one or
more dredges or any other needed appliances to promote or properly
carry out the work of the department.
The department may obtain or condemn any right-of-way
necessary for any construction under this chapter.
(a) Notwithstanding any other provision of law, the
department may provide meals and other necessary support to any
person, including, but not limited to, an employee of the department,
who is engaged in emergency flood fight activities on behalf of, or
in cooperation with, the department.
(b) For the purposes of this section, "emergency flood fight activities" mean actions taken under emergency conditions to maintain flood control features, the failure of which threaten to destroy life, property, or resources.
(b) For the purposes of this section, "emergency flood fight activities" mean actions taken under emergency conditions to maintain flood control features, the failure of which threaten to destroy life, property, or resources.
(a) Notwithstanding any other provision of law, the
department may provide meals and other necessary support to any
person, including, but not limited to, an employee of the department,
who is engaged in emergency flood fight activities on behalf of, or
in cooperation with, the department.
(b) For the purposes of this section, "emergency flood fight activities" mean actions taken under emergency conditions to maintain flood control features, the failure of which threaten to destroy life, property, or resources.
(b) For the purposes of this section, "emergency flood fight activities" mean actions taken under emergency conditions to maintain flood control features, the failure of which threaten to destroy life, property, or resources.
(a) A city or county may be required to contribute its fair
and reasonable share of the property damage caused by a flood to the
extent that the city or county has increased the state's exposure to
liability for property damage by unreasonably approving new
development in a previously undeveloped area that is protected by a
state flood control project. However, a city or county shall not be
required to contribute if, after the amendments required by Sections
65302.9 and 65860.1 of the Government Code have become effective, the
city or county complies with Sections 65865.5, 65962, and 66474.5 of
the Government Code as applicable with respect to that development.
This section shall not be construed to extend or toll the statute of
limitations for challenging the approval of any new development.
(b) A city or county is not required to contribute unless an action has been filed against the state asserting liability for property damage caused by a flood and the provisions of subdivision (a) providing for contribution have been satisfied. A city or county is not required to contribute if the state settles the claims against it without providing the city or county with an opportunity to participate in settlement negotiations.
(c) For the purposes of this section:
(1) "State flood control project" means any flood control works within the Sacramento River Flood Control Project described in Section 8350, and of flood control projects in the Sacramento River and San Joaquin River watersheds authorized pursuant to Article 2 (commencing with Section 12648) of Chapter 2 of Part 6 of Division 6.
(2) "Undeveloped area" means an area devoted to "agricultural use," as defined in Section 51201 of the Government Code, or "open space land," as defined in Section 65560 of the Government Code, that, as of January 1, 2008, is not already designated for development in a general or specific plan or by a local zoning ordinance.
(3) "Unreasonably approving" means approving a new development project without appropriately considering significant risks of flooding made known to the approving agency as of the time of approval and without taking reasonable and feasible action to mitigate the potential property damage to the new development resulting from a flood.
(4) "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.
(d) This section shall not apply to any land or projects for which an application for development has been submitted to the city or county prior to January 1, 2008.
(b) A city or county is not required to contribute unless an action has been filed against the state asserting liability for property damage caused by a flood and the provisions of subdivision (a) providing for contribution have been satisfied. A city or county is not required to contribute if the state settles the claims against it without providing the city or county with an opportunity to participate in settlement negotiations.
(c) For the purposes of this section:
(1) "State flood control project" means any flood control works within the Sacramento River Flood Control Project described in Section 8350, and of flood control projects in the Sacramento River and San Joaquin River watersheds authorized pursuant to Article 2 (commencing with Section 12648) of Chapter 2 of Part 6 of Division 6.
(2) "Undeveloped area" means an area devoted to "agricultural use," as defined in Section 51201 of the Government Code, or "open space land," as defined in Section 65560 of the Government Code, that, as of January 1, 2008, is not already designated for development in a general or specific plan or by a local zoning ordinance.
(3) "Unreasonably approving" means approving a new development project without appropriately considering significant risks of flooding made known to the approving agency as of the time of approval and without taking reasonable and feasible action to mitigate the potential property damage to the new development resulting from a flood.
(4) "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.
(d) This section shall not apply to any land or projects for which an application for development has been submitted to the city or county prior to January 1, 2008.
