SECTIONS 11910-11915.5 - California Statutes

WATER CODE

SECTION 11910-11915.5

11910. There shall be incorporated in the planning and construction
of each project those features (including, but not limited to,
additional storage capacity) that the department, after giving full
consideration to any recommendations which may be made by the
Department of Fish and Game, the Department of Parks and Recreation,
the Department of Boating and Waterways, any federal agency, and any
local governmental agency with jurisdiction over the area involved,
determines necessary or desirable for the preservation of fish and
wildlife, and necessary or desirable to permit, on a year-round
basis, full utilization of the project for the enhancement of fish
and wildlife and for recreational purposes to the extent that those
features are consistent with other uses of the project, if any. It is
the intent of the Legislature that there shall be full and close
coordination of all planning for the preservation and enhancement of
fish and wildlife and for recreation in connection with state water
projects by and between the Department of Water Resources, the
Department of Parks and Recreation, the Department of Boating and
Waterways, the Department of Fish and Game, and all appropriate
federal and local agencies.

11910.1. In furtherance of the policies specified in Section 11910,
the Department of Fish and Game, the Department of Parks and
Recreation, the Department of Boating and Waterways, and other
governmental agencies shall submit their recommendations or comments
on reconnaissance studies or feasibility reports of the Department of
Water Resources relating to any project or feature of a project
within 60 days following receipt of a formal request for review from
the Department of Water Resources.

11910.5. Such recreational purposes include, but are not limited
to, those recreational pursuits generally associated with the
out-of-doors, such as camping, picnicking, fishing, hunting, water
contact sports, boating, and sightseeing, and the associated
facilities of campgrounds, picnic areas, water and sanitary
facilities, parking areas, view points, boat launching ramps, and any
others necessary to make project land and water areas available for
use by the public.

11911. The planning for public recreation use and fish and wildlife
preservation and enhancement in connection with state water projects
shall be a part of the general project formulation activities of the
Department of Water Resources, in consultation and co-operation with
the departments and agencies specified in Section 11910, through the
advance planning stage, including, but not limited to, the
development of data on benefits and costs, recreation land use
planning, and the acquisition of land. In planning and constructing
any project, the department shall, to the extent possible, acquire
all lands and locate and construct, or cause to be constructed, the
project and all works and features incidental to its construction in
such a manner as to permit the use thereof for the preservation and
enhancement of fish and wildlife and for recreational purposes upon
completion of the project.

11912. The department, in fixing and establishing prices, rates,
and charges for water and power, shall include as a reimbursable cost
of any state water project an amount sufficient to repay all costs
incurred by the department, directly or by contract with other
agencies, for the preservation of fish and wildlife and determined to
be allocable to the costs of the project works constructed for the
development of that water and power, or either. Costs incurred for
the enhancement of fish and wildlife or for the development of public
recreation shall not be included in the prices, rates, and charges
for water and power, and shall be nonreimbursable costs.

11913. (a) The Legislature hereby declares its intent that, except
as funds are provided pursuant to Section 11915, there shall be
included in the budget for the department for each fiscal year, and
in the Budget Act for each fiscal year, an appropriation from the
General Fund of the funds necessary for enhancement of fish and
wildlife and for recreation in connection with state water projects
as provided in this chapter.
(b) Notwithstanding subdivision (a), the obligation of the State
Water Resources Development System to reimburse the California Water
Fund pursuant to paragraph (3) of subdivision (b) of Section 12937
shall be reduced by the total of unreimbursed department costs
incurred in the 1988-89 fiscal year and each succeeding fiscal year
for enhancement of fish and wildlife and for recreation pursuant to
this chapter. The reduction shall be contingent upon annual approval
by the Legislature, in the Budget Act or other act, of the department'
s allocation of those costs.

11914. The department shall make any necessary revisions in the
allocation of costs of any state water project works constructed for
the development of water and power, or either, which would result
from the expenditure of funds under this chapter for enhancement of
fish and wildlife and recreation in connection with such works.

11915. All moneys deposited in the Central Valley Water Project
Construction Fund pursuant to the provisions of Section 12.1 of
Chapter 138, Statutes of 1964, First Extraordinary Session and
subdivision (c) of Section 6217 of the Public Resources Code, and all
accruals to such moneys so deposited, are hereby appropriated to the
department for expenditure by the department without regard to
fiscal years for the purposes of the construction fund, in amounts
equal to allocations to recreation and fish and wildlife enhancement
and to the costs of acquiring rights-of-way, easements and property
for recreation development which have become effective pursuant to
Section 11912.

11915.1. The provisions of this chapter shall not limit the
department in the financing and construction of any of the facilities
of the State Water Resources Development System pursuant to the
provisions of Chapter 8 (commencing with Section 12930) of Part 6,
nor shall they constitute a limitation on or modification of the
responsibility of the department to make allocations of costs
provided for in water supply contracts executed pursuant thereto.

11915.5. For the purpose of furthering recreation in any project of
the department, the department may exchange any real property it has
acquired for property in the state owned by the United States which
is of substantially equal value, whether or not such real property of
the United States is adjacent to or needed for any project of the
department. Such title or rights as the department deems necessary
for the proper operation and maintenance of the water conservation,
flood control or power features of any water project shall not be
included in any exchange consummated under this section.
Any such exchange involving real property acquired by the
department solely for recreation shall be concurred in by the
Department of Parks and Recreation. Any such exchange involving
property acquired by the department solely for fish and wildlife
purposes shall be concurred in by the Department of Fish and Game.
Any such exchange involving property acquired solely for fish,
wildlife and recreational purposes shall be concurred in by the
Department of Fish and Game and the Department of Parks and
Recreation. Real property of the United States not necessary for a
project of the department shall be acquired by the department by
exchange under this section only if another agency of state
government has agreed to acquire such real property from the
department for the actual cost to the department of the real property
which is to be given in exchange therefor; provided, that any amount
appropriated to the department to reimburse it for prior
expenditures for acquisition of such land shall be deducted from the
actual cost.