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Article 7. Approval Of Plans of California Water Code >> Division 5. >> Part 4. >> Chapter 3. >> Article 7.
Every plan of reclamation, flood control, drainage,
improvement, dredging or work, that includes or contemplates the
construction, enlargement, revetment or alteration of any levee,
embankment, canal or other excavation in the bed of or along or near
the banks of the Sacramento or San Joaquin Rivers or any of their
tributaries or connected therewith, or upon any land adjacent
thereto, or within any of the overflow basins thereof, or upon any
land susceptible to overflow therefrom, shall be approved by the
board before construction is commenced.
The provisions of Section 8710 shall not apply to any work
of interior irrigation or drainage upon reclaimed land, which work is
not actually on, through, or adjoining any flood control works under
the jurisdiction of the board.
Whenever any irrigation, drainage, levee, or flood control
district makes application for the approval required by the next
preceding section, all of the provisions of Division 15, Part 6,
Chapter 2 of the Water Code which relate to works of reclamation by
reclamation districts within the Sacramento and San Joaquin Drainage
District shall be applicable to the works of such irrigation,
drainage, levee, or flood control district.
Any such plan is void until approved by the board, and no
work shall be done without the permission of the board.
No levee along a river or by-pass at any of the places
mentioned in this article, nor any levee forming part of any of the
plans of flood control adopted by this part or by the board, shall be
cut or altered without permission of the board.
The owner of any existing levee at any of the places
mentioned in this article may raise, widen, or strengthen the levee,
if before work is commenced, the plans, specifications and method of
construction are submitted to and approved by the board, and the work
is done subject to the supervision of the board.
No claim shall ever be made against the board or the drainage
district for compensation, through or by assessment or otherwise,
for any part of the work under Section 8713 in excess of the
requirements of the plan of flood control for that locality finally
adopted and approved by the board.
Any existing levee may be protected or strengthened in case
of emergency during the season of flood water, where it is in danger
of injury or destruction from flood water.
Notice of emergency work shall be immediately given to the
board.
All emergency work shall be subject to the subsequent
approval of the board, and the board may require its removal or
alteration if not approved.
No levee, embankment or other structure within any by-pass or
overflow channel adopted by the board shall be raised, widened,
strengthened or altered without permission of the board.
The doing of any act or construction of any work mentioned in
this article, or permitting the work to remain after such
construction, without the permission of the board and in violation of
any of the provisions of this article, is a public nuisance, and the
board may commence and maintain suit in the name of the people of
the State for the prevention or abatement of the nuisance.
Any person who does any act contrary to or in violation of
any of the provisions of this article is guilty of a misdemeanor.
Any plans or specifications adopted or approved by the board
for any work to be done pursuant to this part may be changed or
altered, with the consent of the board, at any time before
commencement or during progress of the work.
The board may at any time change or alter the plans or
specifications for work undertaken upon its own initiative.
The board may refuse to approve any such plan if in the
judgment of the board the plan will or may
1. Be injurious to or damage any works necessary to any plan of
flood control adopted by the board or the Legislature, or
2. Interfere with the successful execution, functioning or
operation of any plan of flood control adopted by the board or the
Legislature.
