SECTIONS 5900-5904 - California Statutes

FISH AND GAME CODE

SECTION 5900-5904

5900. As used in this chapter:
(a) "Dam" includes all artificial obstructions.
(b) "Conduit" includes pipe, millrace, ditch, flume, siphon,
tunnel, canal, and any other conduit or diversion used for the
purpose of taking or receiving water from any river, creek, stream,
or lake.
(c) "Owner" includes the United States (except that for the
purpose of Sections 5901, 5931, 5933, and 5938, "owner" does not
include the United States as to any dam in the condition the dam
existed on September 15, 1945), the State, a person, political
subdivision, or district (other than a fish and game district)
owning, controlling or operating a dam or pipe.
(d) "United States" means the United States of America, and in
relation to any particular matter includes the officers, agents,
employees, agencies, or instrumentalities authorized to act in
relation thereto.

5901. Except as otherwise provided in this code, it is unlawful to
construct or maintain in any stream in Districts 1, 1 3/8, 1 1/2, 1
7/8, 2, 2 1/4, 2 1/2, 2 3/4, 3, 3 1/2, 4, 4 1/8, 4 1/2, 4 3/4, 11,
12, 13, 23, and 25, any device or contrivance that prevents, impedes,
or tends to prevent or impede, the passing of fish up and down
stream.

5902. In including the United States within the scope of this
chapter the Legislature declares that it understands that the law and
policy of the United States with respect to the development of water
resources, the reclamation of land from flood and overflow, and in
all other respects is to comply with state laws respecting water. The
provisions of this chapter provide a procedure for the United States
to comply with the provisions and policy of state law respecting its
subject matter.

5903. The United States shall file with the commission pursuant to
this chapter a separate application for each dam it proposes to
construct or enlarge if an owner other than the United States would
be required to file an application pursuant to Division 3 of the
Water Code in order to construct or enlarge the same dam. The
application shall be on forms provided by the department.

5904. The application of the United States shall give the following
information:
(a) The name and address of the owner.
(b) The location, type, size, and height of the proposed dam and
appurtenant works.
(c) The storage capacity of the reservoir.
(d) Such other pertinent information as the commission requires.
(e) As accurately as may be readily obtained, the area of the
drainage basin, rainfall, and stream flow records and flood flow
records and estimates.
(f) The purpose for which the impounded or diverted water is to be
used.
(g) Such other appropriate information as may be necessary in a
given instance.
In instances wherein the physical conditions involved and the size
of the dam are such as to render the above requirements as to
drainage areas, rainfall, stream flow, and flood flow unnecessary,
the commission may waive the requirements.