SECTIONS 10600-10607 - California Statutes

WATER CODE

SECTION 10600-10607

10600. The Legislature hereby finds and declares that there is an
increasing conflict between water development projects and instream
beneficial uses such as rafting, swimming, and fishing on the South
Fork of the American River between Chili Bar Reservoir and the Salmon
Falls Bridge. The Legislature further finds and declares that the
state should make reasonable efforts to find solutions to this
conflict which will satisfy local water needs while continuing
instream beneficial uses.

10601. Where a potentially economically viable water supply
development on the South Fork of the American River between Chili Bar
Reservoir and the Salmon Falls Bridge which will meet local water
needs would eliminate or substantially impair significant instream
beneficial uses of water, the department may undertake cooperative
studies with equal state-local cost sharing to determine whether
there is an alternative solution which will meet the local water
needs from a different source or location and which will preserve
most or all of the instream beneficial uses on that part of the south
fork.

10602. The department, with regard to the South Fork of the
American River between Chili Bar Reservoir and the Salmon Falls
Bridge, may recommend to the Legislature that state financial
assistance be provided (1) where it is necessary to make the
alternative solution financially attractive to the local area
compared to the development which would eliminate or substantially
impair the significant instream beneficial uses, and (2) where the
value of the instream beneficial uses that would be preserved are
greater than the proposed state financial assistance.

10603. In undertaking studies pursuant to this part, the department
shall take into consideration the potential necessity to produce
hydroelectric energy to pay for future water supplies.

10604. The department shall undertake cooperative studies pursuant
to this part for the following:
(a) The Georgetown Divide Public Utility District and the South
Fork of the American River between Chili Bar Reservoir and Salmon
Falls Bridge.

10605. Where the state provides financial assistance to implement
or assist in the implementation of an alternative solution, the State
Water Resources Control Board, in considering a subsequent permit or
license to be issued for a project on the stretch of river where the
preserved instream beneficial uses occur, shall give great weight to
the preservation of the instream beneficial uses preserved as a
result of the state financial assistance.

10606. If the instream beneficial uses on the South Fork of the
American River between Chili Bar Reservoir and the Salmon Falls
Bridge preserved by the state financial assistance will be reduced by
a subsequent permit or license issued for a project on the stretch
of river where the preserved instream beneficial uses occur, the
board shall require as a condition of issuance of the permit or
license that the recipient repay the amount of the state assistance,
or proportionate amounts thereof as determined by the board,
including interest at the rate earned by the Pooled Money Investment
Account to the fund from which the financial assistance was
appropriated.

10607. The Legislature finds and declares that the circumstances
which resulted in the enactment of this part are unique and therefore
this part shall not be considered a precedent.