Article 1 - The Board

California Water Code — §§ 8550-8579

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Sections (26)

Amended by Stats. 2007, Ch. 366, Sec. 11. Effective January 1, 2008.

(a)The board is continued in existence and shall continue to exercise and have all of its powers, duties, purposes, responsibilities, and jurisdiction.

(b)Notwithstanding any other provision of law, the board shall act independently of the department. The department shall not overturn any action or decision by the board.

(c)It is the intent of the Legislature to transfer the duties and corresponding funding allocated to the Reclamation Board as it exists on December 31, 2007, together with all necessary positions, to the board as it is reconstituted on and after January 1, 2008.

§ 8551

Amended by Stats. 2007, Ch. 366, Sec. 12. Effective January 1, 2008.

(a)Except as provided in subdivision (g), the board consists of nine members who shall be appointed in accordance with this section.

(b)(1) Seven members of the board shall be appointed by the Governor, subject to Senate confirmation.

(2)Of the members appointed pursuant to paragraph (1), the following requirements apply:

(A)One person shall be an engineer.

(B)One person shall have training, experience, and expertise in geology or hydrology.

(C)One person shall be a flood control expert with not less than five years’ experience.

(D)One person shall be an attorney with water experience.

(E)Three persons shall be public members.

(c)One member of the board shall be the Chair of the Senate Committee on Natural Resources and Water, to the extent that service with the board does not conflict with his or her legislative duties.

(d)One member of the board shall be the Chair of the Assembly Committee on Water, Parks and Wildlife, to the extent that service with the board does not conflict with his or her legislative duties.

(e)The members appointed pursuant to subdivisions (c) and (d) shall be nonvoting ex officio members.

(f)(1) Except as provided in paragraph (2), the board members appointed pursuant to subdivision (b) shall serve four-year terms.

(2)The board members initially appointed pursuant to this section shall determine, by lot, that five members shall serve four-year terms and four members shall serve two-year terms.

(g)Each board member holding office on December 31, 2007, shall continue to serve until his or her successor is appointed and has been qualified to hold office. The order of replacement shall be determined by lot.

§ 8552

Amended by Stats. 2007, Ch. 366, Sec. 13. Effective January 1, 2008.

Each member of the board appointed pursuant to subdivision (b) of Section 8551 shall receive compensation as follows:

(a)Each member shall receive the necessary expenses incurred by the member in the performance of official duties.

(b)Any member traveling outside the state pursuant to authorization of the board, and the approval of the Governor and Director of Finance as provided by Section 11032 of the Government Code, while so engaged shall receive per diem and his or her necessary expenses.

(c)Each member shall receive the salary provided for in Section 11564 of the Government Code.

§ 8554

Amended by Stats. 2007, Ch. 366, Sec. 14. Effective January 1, 2008.

The Governor shall select one of the members of the board as president.

§ 8555

Added by Stats. 1943, Ch. 369.

The board may elect one of its members other than the president as vice president.

§ 8556

Added by Stats. 1943, Ch. 369.

The vice president shall have the powers and perform the duties of the president under the following circumstances:

(a)During the president’s absence or inability to act.

(b)At the request of the president.

(c)When authorized by the board.

§ 8557

Amended by Stats. 2004, Ch. 497, Sec. 4. Effective September 14, 2004.

The board shall have its office in the County of Sacramento. The office is the principal place of business and legal residence of the board and of the drainage district.

§ 8558

Added by Stats. 1943, Ch. 369.

The regular meetings of the board shall be held at times fixed by the board.

§ 8559

Amended by Stats. 2009, Ch. 275, Sec. 9. (AB 1165) Effective January 1, 2010.

A majority of the voting members of the board constitutes a quorum.

§ 8560

Amended by Stats. 2009, Ch. 275, Sec. 10. (AB 1165) Effective January 1, 2010.

No action of the board shall be effective unless a quorum is present and the action is concurred in by a majority of all of the voting members of the board.

§ 8561

Added by Stats. 1943, Ch. 369.

Special meetings of the board may be called at any time by the president or by a majority of the members upon notice given by mail or telegraph to each member at his place of residence or business, and there received at least 12 hours before the hour fixed for the meeting.

§ 8563

Added by Stats. 1943, Ch. 369.

The board shall keep full and correct minutes of all proceedings and transactions of all meetings of the board.

§ 8564

Added by Stats. 1943, Ch. 369.

The minutes shall be open for public inspection during office hours.

§ 8565

Added by Stats. 1943, Ch. 369.

The board shall have a seal of such device as the board may adopt.

§ 8566

Added by Stats. 1943, Ch. 369.

The seal of the board is also the seal of the drainage district.

§ 8567

Added by Stats. 1943, Ch. 369.

A copy of any record of the board, certified by its secretary or assistant secretary to be a true copy, and attested by the seal of the board, is prima facie evidence of the existence and contents of the record.

§ 8568

Added by Stats. 1943, Ch. 369.

For making a copy of any of its records the board may charge and collect the actual reasonable cost of making the copy, including the time of its employees and materials used, and one dollar ($1) for the certificate if a certified copy is requested.

§ 8569

Added by Stats. 1943, Ch. 369.

The board may require a deposit in advance sufficient to cover the charges for copying and certifying copies of its records.

§ 8570

Added by Stats. 1943, Ch. 369.

All money collected for copying and certifying copies of the board’s records shall be paid monthly to the State Treasurer and credited to the balance remaining unexpended of any appropriation or assessment available for the general administrative expenses of the board.

§ 8571

Added by Stats. 1943, Ch. 369.

The board may adopt, amend or repeal rules to promote the convenient, orderly and just conduct of the business of the board and of the drainage district.

§ 8572

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§ 8575

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§ 8576

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§ 8577

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§ 8578

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§ 8579

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