Article 8 - Yuba Feather Flood Protection Program

California Water Code — §§ 79068-79068.20

Sections (8)

Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.

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

Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.

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

§ 79068.10

Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.

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

Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.

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

Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.

(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

Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.

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

Added by Stats. 1999, Ch. 725, Sec. 1. Approved in Proposition 13 at the March 7, 2000, election.

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

Amended by Stats. 2000, Ch. 1078, Sec. 4. Effective January 1, 2001. Note: This section was added by Stats. 1999, Ch. 725, and approved in Prop. 13 on March 7, 2000.

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