Amended by Stats. 2007, Ch. 366, Sec. 20. Effective January 1, 2008.
To carry out the primary state interest described in Section 8532, the board may do any of the following:
California Water Code — §§ 8590-8613
Amended by Stats. 2007, Ch. 366, Sec. 20. Effective January 1, 2008.
To carry out the primary state interest described in Section 8532, the board may do any of the following:
Added by Stats. 1963, Ch. 1900.
In acquiring interests in land necessary for the purposes specified in Section 8590 and notwithstanding the provisions of Section 8676, the board in determining whether to acquire in fee or easement may consider such additional uses as fish and wildlife enhancement and recreation if so requested by another state agency. Any such parcel acquired in fee shall be subject to the continuing jurisdiction of the board to insure that the primary purposes of flood control are served and to prevent any damage or interference with the flood control works for any public nuisances arising out of such additional uses and any increased costs of maintenance attributable to such additional uses shall be borne by the agency requesting such uses.
Nothing in this section shall be construed as authorizing the board to acquire any land over and above that necessary for the purposes specified in Section 8590.
Added by Stats. 1943, Ch. 369.
The board has no power, authority, or jurisdiction, either directly or indirectly, except as provided in this division, to incur any indebtedness or expend any money or adopt or carry into effect any plan or project or to acquire any lands, rights of way, or easements, or to do any work, or cause any work to be performed, for which any land lying within the drainage district is to be assessed, except to maintain, repair, and operate its existing works of reclamation and flood control and to complete, maintain and operate any project adopted by the board prior to April 1, 1923, with the existing powers to levy assessments therefor.
Added by Stats. 1943, Ch. 369.
The board has the same power, authority and jurisdiction in reference to the adoption and carrying to completion of any work or project involved in or contained in the report of the California Debris Commission dated January 5, 1925, to the Congress of the United States as are conferred in the case of projects adopted by the board prior to April 1, 1923.
Amended by Stats. 1975, Ch. 1239.
The board may acquire by eminent domain in the name of the drainage district any property necessary for any of the purposes set forth in this part.
Added by Stats. 1943, Ch. 369.
The board may maintain actions in the name of the people of the State to restrain, or to recover damages for, the doing of any act or thing that may be injurious to any of the works necessary to the plan of flood control or that may interfere with the successful execution of the plan.
Added by Stats. 1943, Ch. 369.
Any damages so recovered shall be deposited with the State Treasurer to the credit of the drainage district and the assessment for the particular portion or project affected by the injury.
Added by Stats. 1943, Ch. 369.
The board may also do any of the following:
Added by Stats. 1963, Ch. 502.
Notwithstanding Section 6402 of the Public Resources Code, the board may sell or lease surplus real property which is held in fee by the Sacramento and San Joaquin Drainage District and which lies within a predominantly residential, industrial, or commercial area, without reserving the right to extract minerals or petroleum products through the surface of such property.
Added by Stats. 1943, Ch. 369.
The board may undertake any construction work that it is authorized to do by this part, free from any control or jurisdiction of the department.
Added by Stats. 1943, Ch. 369.
Subject to the provisions of the State Contract Act any construction work undertaken by the board may be done wholly or partly by contract let by the board in such manner as the board may determine, or may be done wholly or partly by day labor or force account if deemed advisable by the board.
Added by Stats. 2004, Ch. 498, Sec. 1. Effective January 1, 2005.
Added by Stats. 1943, Ch. 369.
The board may construct, purchase, rent, sell or exchange dredgers, machines, appliances, tools, apparatus and other property necessary or convenient for doing any construction work.
Added by Stats. 1943, Ch. 369.
The cost of the equipment and property shall be apportioned to and paid from the funds raised from the several assessments levied or to be levied by the board in a just and equitable manner according to the use made of the equipment or property in carrying out the several separate portions or projects for which the assessments are levied.
Added by Stats. 1943, Ch. 369.
The board may rent for use by others idle dredgers or other equipment.
Added by Stats. 1943, Ch. 369.
The rental received shall be paid to the State Treasurer and credited to the balance remaining unexpended of the assessments against which the cost of such equipment has been paid or is to be charged as indicated by the board.
Added by Stats. 1943, Ch. 369.
The board may inspect and supervise any work done or under construction pursuant to the provisions of this part.
Added by Stats. 1943, Ch. 369.
The board may insert a stipulation providing for such inspection and supervision in any order, contract or other instrument, relating to the work authorized in this part.
Added by Stats. 1970, Ch. 804.
The board shall establish and enforce standards for the maintenance and operation of levees, channels, and other flood control works of an authorized project or an adopted plan, including but not limited to standards for encroachment, construction, vegetation and erosion control measures. In adopting such standards, the board shall give full consideration to fish and wildlife, recreation and environmental factors. Any violation of such adopted standards without the permission of the board 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.
Amended by Stats. 1987, Ch. 56, Sec. 177.
Amended by Stats. 2001, Ch. 745, Sec. 230.1. Effective October 12, 2001.
The board shall offer to lease to the Department of Fish and Game, or to an appropriate public resource protection or public conservation agency or organization approved by the Department of Fish and Game and the board, any lands it acquires as replacement habitat as mitigation for adverse environmental impacts of its projects. The lease agreement shall ensure that these lands are managed to provide the mitigation for which they were acquired and shall include, but not be limited to, provisions for funding management of those lands. Funds for management of those lands may include, but are not limited to, funds appropriated by the Legislature to the Department of Water Resources, the Reclamation Board, or the Department of Fish and Game, and funds available from local entities. The lease agreement shall reserve the authority of the board to carry out necessary flood control activities and mitigate adverse environmental impacts.
Amended by Stats. 2009, Ch. 275, Sec. 15. (AB 1165) Effective January 1, 2010.
applications for those defined encroachments unless, in the judgment of the executive officer, there is a reasonable possibility that the project will have a significant effect on an adopted plan of flood control.
pursuant to Section 8560:
Added by Stats. 1988, Ch. 1488, Sec. 2.
The plan may take into consideration the environmental benefits of restoring, maintaining, or increasing the sustainable diversity of native species and habitat which may result from the project, if these benefits have been approved by the Department of Fish and Game. The Department of Fish and Game may submit a review of the plan and its recommendations to the board for inclusion in the plan.
Added by Stats. 2007, Ch. 368, Sec. 5. Effective January 1, 2008.
Added by Stats. 2007, Ch. 368, Sec. 6. Effective January 1, 2008.