SECTIONS 120-147 - California Statutes

WATER CODE

SECTION 120-147

120. There is in the Resources Agency the Department of Water
Resources, which is under the control of an executive officer known
as the Director of Water Resources. The director is appointed by the
Governor and holds office at the pleasure of the Governor. The
appointment of the director is subject to confirmation by the Senate
at the next regular or special session of the Legislature, and the
refusal or failure of the Senate to confirm the appointment shall
create a vacancy in the office. The director shall receive an annual
salary as provided for by Chapter 6 (commencing with Section 11550)
of Part 1 of Division 3 of Title 2 of the Government Code and he is a
member of the Governor's Council.

122. The director, in addition to being subject to removal from
office by the Governor, may be removed from office by the
Legislature, by concurrent resolution adopted by a majority vote of
all members elected to each house, for dereliction of duty or
corruption or incompetency.

123. Except as provided in Section 179, the department succeeds to
and is vested with all of the powers, duties, purposes,
responsibilities, and jurisdiction in matters pertaining to water or
dams vested in the Department and Director of Public Works, the
Division of Water Resources of the Department of Public Works, the
State Engineer, the Water Project Authority of the State of
California, or any officer of employee thereof. The department also
succeeds to and is vested with all of the powers, duties, purposes,
responsibilities, and jurisdiction of the Department of Finance under
Part 2 (commencing at Section 10500) of Division 6. The department
succeeds to and is vested with all of the powers, duties, purposes,
responsibilities, and jurisdiction vested in the State Water
Resources Board, except as provided in Article 2 (commencing at
Section 150) of Chapter 2 of this division.
Any commission or other body heretofore or hereafter created by
the Legislature to formulate a compact with a similar commission or
body from another state relative to the distribution and use of the
waters of any interstate streams or bodies of water, including but
not limited to the California Klamath River Commission and the
California-Nevada Interstate Compact Commission, shall, in
formulating a provision in any such compact for the administration of
the terms of the compact, provide that the Department of Water
Resources shall be the representative of the State of California for
the purpose of such administration.

124. Except to the extent inconsistent with the provisions of this
code, the provisions of Chapter 2 (commencing at Section 11150), Part
1, Division 3, Title 2 of the Government Code shall govern and apply
to the conduct of the Department of Water Resources in every respect
the same as if such provisions were herein set forth at length, and
whenever in that chapter the term "head of the department" or similar
designation occurs, for the purposes of this section it shall mean
the director.

125. For the purpose of administration, the director shall organize
the department with the approval of the Governor in the manner he
deems necessary to segregate and conduct the work of the department
properly. With the approval of the Governor, the director may create
such divisions and subdivisions as may be necessary and change or
abolish them from time to time.
The director with the approval of the Governor may establish
branch offices in hydrographic or other regions of the State in order
to assure the expeditious conduct of the work of the department in
such region, and to assure free and rapid communication of local
problems and recommendations to the department and may change or
abolish any such branch offices from time to time. Any branch office
so established shall be under the control of a branch office manager
who, subject to the direction and control of the director, shall
represent the department in all matters under the department's
jurisdiction in the region.

126. There shall be one Deputy Director of Water Resources who
shall be a civil executive officer and shall be appointed by the
Governor and serve at the pleasure of the Governor. The compensation
of the deputy director shall be fixed by the director pursuant to
law. The deputy director shall have such duties as shall be assigned,
from time to time, by the director, and he shall be responsible to
the director for the performance thereof.

127. The department may employ legal counsel who shall advise the
director, represent the department in connection with legal matters
before other boards and agencies of the state, and may, when
authorized by the Attorney General, represent the department and the
state in litigation concerning affairs of the department. In any
event, the legal counsel of the department may, with the approval of
the director and with the consent of the court before which the
action is pending, present to the court the views of the department
with respect to the action. Sections 955.4, 955.6, 11041, 11042,
11043, and the first sentence of Section 11157 of the Government Code
do not apply to the department.

127.5. The department may utilize the program manager class series
that was created for the California Bay-Delta Authority, for
positions to manage vital departmental activities, including those
relating to climate change mitigation and adaptation, water
management, and statewide planning.

128. (a) In times of extraordinary stress and of disaster,
resulting from storms and floods, or where damage to watershed lands
by forest fires has created an imminent threat of floods and damage
by water, mud, or debris upon the occurrence of storms, the
department may perform any work required or take any remedial
measures necessary to avert, alleviate, repair, or restore damage or
destruction to property having a general public and state interest
and to protect the health, safety, convenience, and welfare of the
general public of the state. In carrying out that work, the
department may perform the work itself or through or in cooperation
with any other state department or agency, the federal government, or
any political subdivision, city, or district.
(b) This section is intended to supplement the emergency services
of the state, and nothing in this section overrides or supersedes the
authority of the Secretary of Emergency Management to coordinate and
supervise state action, upon a declaration of a state of emergency,
under the California Emergency Services Act (Chapter 7 (commencing
with Section 8550) of Division 1 of Title 2 of the Government Code)
or the Disaster Assistance Act (Chapter 7.5 (commencing with Section
8680) of that division).

130. The department may prepare, publish, and issue such printed
pamphlets and bulletins as the director deems necessary for the
dissemination of information to the public concerning the activities
of the several divisions of the department. Funds available for the
support of the several divisions may, with the approval of the
Department of Finance, be used to pay the cost of preparation,
publication, and distribution.

131. The department may employ such assistance as may be necessary
for the proper discharge of its duties, and may purchase or rent any
necessary supplies, instruments, tools, equipment, and conveniences.

132. Where work to be performed, which would otherwise be subject
to the State Contract Act, does not lend itself to the preparation of
plans and specifications to enable bids to be taken on a lump sum or
unit basis, the department may perform such work by the use of
rented tools or equipment, either with operators furnished or
unoperated. Contracts for such rentals shall not be subject to the
State Contract Act, but shall be subject to all of the provisions of
Section 136.5 of the Streets and Highways Code.

133. The department may cooperate and contract with any agency of
the State or of the United States in order to carry out its powers
and purposes.

134. The department may expend money appropriated for the
administration of the laws the enforcement of which is committed to
the department. The department may expend such money for the use,
support, or maintenance of any appropriate state agency within the
department.
Such expenditures by the department shall be made in accordance
with law in carrying on the work for which the appropriations were
made.

134.5. The Director of Finance shall administratively establish
positions necessary to implement activities funded by the
appropriations made in Division 33 (commencing with Section 83000).

135. The Water Resources Revolving Fund in the State Treasury is
continued in existence. With the approval of the Department of
Finance, there shall be transferred to, or deposited in, the fund all
money appropriated, contributed, or made available from any source,
including sources other than state appropriations, for expenditure on
work within the powers and duties of the Department of Water
Resources, including but not limited to services, new construction,
major construction and equipment, minor construction, maintenance,
improvements and equipment, hydraulic or other improvement projects,
investigations, surveys, experiments, and reports, as authorized by
the state agency for which such an appropriation is made or, as to
funds from sources other than state appropriations, as may be
authorized by written agreement between the contributor or
contributors of such funds and the Department of Water Resources (or
any predecessor), when approved by the Department of Finance.
Money so transferred or deposited is available for expenditure by
the Department of Water Resources, for the purposes for which
appropriated, contributed, or made available, without regard to
fiscal years and irrespective of the provisions of Section 16304 of
the Government Code. The Department of Water Resources may withdraw
from the fund for use in work for other public agencies, local,
state, or federal, such sums as may be necessary for such work where
the money to be paid by such other agencies is not deposited in said
fund in advance of the work being done.

135.1. All sums in the Water Resources Revolving Fund in the State
Treasury, maintained pursuant to Section 135, in a sum not to exceed
seven hundred fifty thousand dollars ($750,000), the source of which
is attributable to the General Fund, and which are held for the
purposes of a payroll reserve for vacation, leave, compensating time
off, and like purposes, and which, in the judgment of the Department
of Finance, are determined to be surplus to the requirements for
payments for such purposes on a current basis, shall be available,
during the 1968-1969 fiscal year, as follows:
(a) Not exceeding two hundred fifty thousand dollars ($250,000)
for transfer to the State Water Quality Control Fund; except that any
such sum shall be retransferred to the General Fund from the State
Water Quality Control Fund in the 1969-1970 fiscal year.
(b) Not exceeding five hundred thousand dollars ($500,000) for
transfer to the General Fund.

136. The Department of Water Resources shall file against the Water
Resources Revolving Fund all claims covering expenditures incurred
in connection with services, new construction, major construction and
equipment, minor construction, maintenance, improvements and
equipment, hydraulic or other improvement projects, investigations,
surveys, experiments and reports, and the State Controller shall draw
his warrant therefor against that fund.

137. The Department of Water Resources shall keep a record of all
expenditures chargeable against each specific portion of the
revolving fund, and any unused balance in any portion of the fund
shall on approval by the Department of Finance be withdrawn from the
revolving fund and transferred to the credit of the appropriation
from which it was transferred or, as to funds from other than state
appropriations, be paid out or refunded as provided in the agreement
relating to the contributions.

138. The director may authorize the refund of moneys received or
collected by the department in payment of fees, licenses, permits,
tolls, or for rentals, property or services, wherein the license,
permit, rental, property or service cannot lawfully be issued,
furnished, or transferred to the person making the payment, or in
cases where the payment in whole or in part represents overpayment or
payment in duplicate.

138.9. (a) Subject to subdivisions (b) and (c), commencing on
January 1, 2003, and annually thereafter, the department shall
prepare and submit to the Legislature a report that includes a
description of the progress achieved by the department with regard to
meeting the goals of the Bay-Delta Program and the implementation
schedule established in the CALFED Bay-Delta Program, Programmatic
Record of Decision dated August 2000, and the Framework Agreement
dated June 9, 2000.
(b) Upon the creation, by statute, of an entity to assume the
responsibilities previously undertaken by federal and state officials
in connection with the CALFED Bay-Delta Program, that entity shall
carry out the duties described in subdivision (a) in the place of the
department.
(c) If, at any time on or after January 1, 2003, the department is
not required to implement the CALFED Bay-Delta Program, Programmatic
Record of Decision dated August 2000, the department need not
prepare the report described in subdivision (a).

138.10. (a) On or before January 1, 2006, the director, in
collaboration with the Secretary of Interior or his or her designee,
shall prepare a plan to meet the existing permit and license
conditions for which the department has an obligation, as described
in the State Water Resources Control Board Decision No. 1641.
(b) The plan shall be designed to achieve compliance with the
permit and license conditions described in subdivision (a). The
director shall prepare the plan, and submit copies of the plan to the
board and the California Bay-Delta Authority, prior to increasing
the existing permitted diversion rate at the State Water Project's
Harvey O. Banks Pumping Plant.
(c) Nothing in this section limits or restricts the department in
its operation of the State Water Project due to failure of other
water rights permittees or licensees to meet water quality conditions
of their respective permits or licenses.

138.12. (a) Except as otherwise provided in a general obligation
bond act, the maximum amount that may be allocated for administrative
expenses shall not exceed 5 percent of the total amount of funds
that the department is required to administer and that are derived
from a general obligation bond act that is approved on or after
January 1, 2007.
(b) The maximum amount that may be allocated for administrative
expenses shall not exceed 5 percent of the total amount of funds that
result from the sale of revenue bonds by the department.

139.2. The department shall evaluate the potential impacts on water
supplies derived from the Sacramento-San Joaquin Delta based on 50-,
100-, and 200-year projections for each of the following possible
impacts on the delta:
(1) Subsidence.
(2) Earthquakes.
(3) Floods.
(4) Changes in precipitation, temperature, and ocean levels.
(5) A combination of the impacts specified in paragraphs (1) to
(4), inclusive.

139.4. (a) The department and the Department of Fish and Game shall
determine the principal options for the delta.
(b) The department shall evaluate and comparatively rate each
option determined in subdivision (a) for its ability to do the
following:
(1) Prevent the disruption of water supplies derived from the
Sacramento-San Joaquin Delta.
(2) Improve the quality of drinking water supplies derived from
the delta.
(3) Reduce the amount of salts contained in delta water and
delivered to, and often retained in, our agricultural areas.
(4) Maintain delta water quality for delta users.
(5) Assist in preserving delta lands.
(6) Protect water rights of the "area of origin" and protect the
environments of the Sacramento-San Joaquin river systems.
(7) Protect highways, utility facilities, and other infrastructure
located within the delta.
(8) Preserve, protect, and improve delta levees.
(c) The Department of Fish and Game shall evaluate and
comparatively rate each option determined in subdivision (a) for its
ability to restore salmon and other fisheries that use the San
Francisco Bay/Sacramento-San Joaquin Delta Estuary.
(d) On or before January 1, 2008, the department and the
Department of Fish and Game shall jointly report to the Legislature
and Governor, in writing, with regard to the results of the
evaluation required by Section 139.2 and the comparative ratings
required by subdivisions (b) and (c).

141. (a) The department may establish a program to authorize
private entities to lease space above or adjacent to appropriate
conveyance facilities of the State Water Project for the purpose of
installing solar photovoltaic panels and systems for generating
electricity from those panels and transferring electricity through
the related systems. Upon request, the department shall evaluate
proposals for installing solar photovoltaic panels and related
systems for the generation and transfer of electricity. A proposal
submitted to the department for evaluation shall include, but need
not be limited to, an engineering study of the proposed solar
photovoltaic panels and related systems and an evaluation of the
effect the solar photovoltaic panels and related systems may have on
water supply, water quality, worker safety, and liability
considerations. The costs of the engineering study and the department'
s evaluation shall be paid by the person or entity making the
request.
(b) After approval of a proposal as described in subdivision (a),
the department may negotiate any level of compensation for an
agreement for the installation of solar photovoltaic panels and
related systems that is equal to, or greater than, the cost to the
department of meeting its obligations under the agreement. These
costs shall include, but are not limited to, the costs of operating
and maintaining State Water Project facilities and lease
administration that are directly related to the lease and use of the
conveyance facilities.

141.5. The department shall proceed with the construction of the
South Delta Improvements Program, but shall not commence the
operational phase of the program until the director certifies, in
writing, to the Legislature that the department has completed the
operational studies of the project and that the environmental review
required by the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code)
includes a comparison between the implementation of the program and
the maintenance of current operations.

142. (a) In order to reduce greenhouse gas emissions associated
with water and energy usage, on and after January 1, 2008, the
department shall do all of the following:
(1) Comply with the same greenhouse gas emissions performance
standards adopted pursuant to Section 8341 of the Public Utilities
Code for a local publicly owned electric utility for new electricity
contracts.
(2) Use reasonable, feasible, and cost-effective efforts to use
energy efficiently, and to increase use of renewable energy in the
department's water operations and in the renegotiation of existing
electricity contracts entered into pursuant to Division 27
(commencing with Section 80000).
(b) On or before March 1, 2008, and at least once every year
thereafter until December 31, 2015, the department shall report to
the Legislature and the Governor on the implementation of this
section, including, but not limited to, all of the following:
(1) The status of any contracts it has for fossil fuel generated
electricity and its efforts to reduce its dependency on fossil fuels.
(2) Changes to the portfolio of existing energy contracts entered
into pursuant to Division 27 (commencing with Section 80000) that
have occurred, or are expected to occur, that will alter the
contracts' costs, term, or quantity, or the composition of resources
used to deliver power under the contracts.

147. (a) On or before January 10, 2010, and annually thereafter,
the department shall prepare and submit to the chairpersons of the
fiscal committees of the Legislature a report with regard to the
budget for the State Water Resources Development System.
(b) The department shall include in the report all of the
following information:
(1) A description of the expenditures made, or projected to be
made, as applicable, on behalf of the State Water Resources
Development System, by program and fund, and of the total revenues
expended, or projected to be expended, as applicable, for that
system, including each fund source.
(2) A description of the positions within the department that
carry out functions related to the State Water Resources Development
System, and the total number of those positions.
(3) A description of any funds, other than funds generated by the
State Water Resources Development System, that are expended, or
projected to be expended, as applicable, for the State Water
Resources Development System, including those funds used for
cost-sharing purposes.
(4) An itemization of all contracts related to the Bay-Delta
Conservation Plan financed, or projected to be financed, as
applicable, in full or in part with funds generated by the State
Water Resources Development System, including the dollar amount of
those contracts and a brief description of the purposes of those
contracts.
(c) The department shall include in each report information
relating to three fiscal years that include the two completed fiscal
years that immediately precede the year in which the report is due,
along with applicable information for the fiscal year in which the
report is due. The department shall prepare the first report required
under subdivision (a) for the 2007-08, 2008-09, and 2009-10 fiscal
years.