SECTIONS 12578-12586 - California Statutes

WATER CODE

SECTION 12578-12586

12578. It is hereby declared that the people of the State have a
primary interest in the control and conservation of flood waters,
prevention of damage by flood waters, the washing away of river and
stream banks by floods, and in the determination of the manner in
which flood waters shall be controlled for the protection of life and
property and the control, storage, and use of the State's water
resources in the general public interest.

12579. It is hereby declared that recurrent floods on streams and
rivers, and other waterways of the State, causing loss of life and
property, disruption of commerce, interruption of transportation and
communications, and wasting of water, are detrimental to the peace,
health, safety, and welfare of the people of the State. The control,
storage and full beneficial use of flood waters, and the prevention
of damage by flood waters, and the washing away of river and stream
banks by floods are proper functions and activities of the State, in
cooperation with counties, cities, state agencies and public
districts, and in cooperation with the United States, or any of its
departments or agencies.

12580. It is further declared that the State should engage in the
study and coordination of all water development projects, including
flood control projects, undertaken by counties, cities, state
agencies and public districts, and the United States or any of its
departments or agencies in order that such allocations and
appropriations as are made by the State Legislature for such purposes
will be expended upon those projects which are most beneficial to
the State, and which will bring maximum benefits to the people of the
State from the expenditure of public funds, and also that the State
should participate in the construction of flood control works and
projects and render beneficial aid thereto, when the benefits are in
excess of the estimated cost.

12581. In studying water development projects, full consideration
shall be given to all beneficial uses of the State's water resources,
including irrigation, generation of electric energy, municipal and
industrial consumption of water and power, repulsion of salt water,
preservation and development of fish and wildlife resources, and
recreational facilities, but not excluding other beneficial uses of
water, in order that recommendations may be made as to the
feasibility of such projects and for the method of financing feasible
projects.

12582. Fish and wildlife values, both economic and recreational,
shall be given consideration in any flood control or water
conservation program. In the design, construction, and operation of
projects, when engineering and economic features of the project make
it practicable, adequate provisions shall be made for the protection
of migratory fishes, and the designs for structures and facilities
required for such protection shall be prepared in cooperation with
the United States Fish and Wildlife Service and the California
Department of Fish and Game.

12582.5. Recreational uses, such as walkways, pathways, access
points and view areas, shall be given consideration in any flood
control or water conservation program. In the design, construction
and operation of projects, when engineering and economic features of
the project make it practicable, adequate provisions shall be made
for such public recreational uses. The design of the areas and
facilities for such uses shall be prepared in cooperation with the
Department of Water Resources.

12582.7. (a) A flood management project that receives financial
assistance under this chapter and Chapter 3 (commencing with Section
12800) shall meet all of the following requirements prior to state
authorization:
(1) The project shall qualify for federal financial assistance
under the requirements applicable to federal water resource
development projects and shall be federally authorized. Projects may
be authorized pursuant to a Chief Engineers' report, but shall not be
eligible for state financial assistance until authorized by
Congress.
(2) The total annual benefit of providing protection from flood
damages shall exceed the annual cost of the project allocable to
flood management. The project shall be designed to produce the
greatest feasible reduction in flood damages in the most efficient
manner practicable, with due regard for environmental and
recreational considerations, and local economic conditions.
(3) The project's nonfederal sponsor, or other appropriate local
agency, shall be in compliance with Section 701b-12 of Title 33 of
the United States Code, which requires the preparation, adoption, and
implementation of a floodplain management plan designed to reduce
the impacts of future floods. All local communities benefiting from
the project shall have an ordinance consistent with the National
Flood Insurance Program's model floodplain management ordinance.
(4) The project shall avoid, minimize, or mitigate impacts to
environmental and recreational values.
(5) Project planning documents shall include an evaluation of
opportunities to include multipurpose objectives. The nonfederal
sponsor shall accommodate other partners that provide the costs of
including multipurpose objectives that the nonfederal sponsor
determines are compatible with the project's schedule and primary
flood management purpose.
(b) (1) The Reclamation Board or department, in its advisory role,
shall provide sufficient review and oversight in the initial scoping
process, feasibility evaluation, environmental review, and project
approval processes for flood management projects to determine whether
the requirements set forth in subdivision (a) are met. The
department or the Reclamation Board shall inform the nonfederal
sponsor and any local sponsor whether the project meets the
requirements set forth in subdivision (a) during the feasibility
evaluation and environmental review process. Prior to state
authorization, the department or the Reclamation Board shall submit a
report to the Legislature that indicates whether the project meets
the requirements set forth in subdivision (a).
(2) The implementation of paragraph (1) in any fiscal year is
contingent upon the appropriation of sufficient funds, as determined
by the department, for the purposes of carrying out that paragraph.
(c) Notwithstanding paragraph (2) of subdivision (a), the
department or the Reclamation Board may recommend, and the
Legislature may authorize, flood control projects for which the total
annual benefit of providing protection from flood damages does not
exceed the annual cost of the project allocable to flood management
if the project increases the level of flood protection for state
transportation facilities or state water supply facilities.

12583. It is the intention of the Legislature that it will be the
policy of the State that the amount of financial assistance to be
given by the State to each project adopted and authorized for state
assistance by the Legislature pursuant to the provisions of Chapters
1 and 2 of this part, shall be limited to the cost of land,
easements, and rights of way necessary in connection with the
construction of any such project.

12583.1. It is also declared to be the policy of the state that the
state shall not provide financial assistance for relocation,
reconstruction, or replacement of existing improvements, structures,
or utilities for which the owner has no legal right to be compensated
for such relocation, reconstruction, or replacement.

12584. Notwithstanding all other provisions of Chapters 1 and 2 of
this part, appropriations will be made by the State, from time to
time by law, to pay for the cost of cooperation on all flood control
projects as required by the act of Congress approved December 22,
1944 (Public, Numbered 534, Seventy-eighth Congress, Second Session),
and by the act of Congress approved August 18, 1941 (Public,
Numbered 228, Seventy-seventh Congress, First Session), and which
projects have by this part prior to September 22, 1951, been adopted
and authorized for state assistance by the Legislature, and for which
appropriations or allocation of funds have been made by the State
prior to such date.

12585. In the event that the Congress after September 22, 1951,
authorizes and approves projects, wherein financial assistance is
required of local agencies of this State by the Federal Government,
similar to the provisions of Public Law, Numbered 534, Seventy-eighth
Congress, Second Session, and such projects are recommended for
state assistance by the department and approved by the Legislature,
including all projects adopted and authorized by the State for which
no appropriations or allocations have been made, it is the intention
of the Legislature that it will be the policy of the State to pay the
costs of local cooperation required by the acts of Congress, except
that such costs shall be limited to the costs of all lands, easements
and rights of way necessary for the construction of such projects.

12585.1. The costs of local co-operation shall include, as to
projects specifically adopted and authorized by the Congress and the
Legislature, costs hereafter incurred prior, as well as subsequent,
to Congressional authorization but subsequent to submission of the
project report by the Secretary of the Army or other authorized
official to the Congress for project authorization; but such
co-operation shall apply only to costs incurred for the project as
finally authorized by the Congress and the State, and such costs
shall not be eligible for reimbursement by the State until after
federal and state authorization and after the appropriation of
construction funds by the Congress.
As to small flood control projects undertaken by the United States
Corps of Engineers pursuant to Section 205 of the Flood Control Act
of 1948 (Public Law 858, Eightieth Congress, 2nd Session, approved
June 30, 1948), as amended, costs of local co-operation shall include
costs incurred after submission of the design memorandum to the
Chief of Engineers, if an allocation of funds for the project is
thereafter made by the Chief of Engineers, and such costs shall be
limited to costs incurred for the project as finally approved by the
Chief of Engineers.

12585.2. Notwithstanding any other provisions of Chapter 2
(commencing with Section 12639) and Chapter 3 (commencing with
Section 12800) of this part, and this chapter, the following policy
shall apply to projects authorized by the Legislature after November
10, 1969, and to small flood control projects authorized by Section
12750 for which the department made the findings required by Section
12750.1 after November 10, 1969.
(a) The state shall pay 75 percent of the costs of lands and
rights or interest in lands whereon channel improvements and channel
rectifications are located and of lands, rights, or interests in
lands necessary in connection with the construction, operation, or
maintenance of such channel improvements and rectifications,
including those necessary for flowage purposes, spoil areas, borrow
pits, or for access roads, apportioned to the benefits resulting from
the reduction of flood damage.
(b) The local agency shall pay 25 percent of the costs of lands
and rights or interests in lands whereon channel improvements and
channel rectifications are located and of lands, rights, or interests
in lands necessary in connection with the construction, operation or
maintenance of such channel improvements or rectifications,
including those necessary for flowage purposes, spoil areas, borrow
pits, or for access roads, apportioned to the benefits resulting from
the reduction of flood damage and all of such costs apportioned to
the benefits resulting from increased or higher utilization of land.
(c) The state shall pay 90 percent of the costs of the relocation,
reconstruction, or replacement of existing improvements, structures,
or utilities rendered necessary by the project, apportioned to the
benefits resulting from the reduction of flood damage.
(d) The local agency shall pay 10 percent of the costs of the
relocation, reconstruction, or replacement of existing improvements,
structures, or utilities rendered necessary by the project,
apportioned to the benefits resulting from the reduction of flood
damage and all of such costs apportioned to the benefits resulting
from increased or higher utilization of land.
(e) The state's portion of the costs under subdivisions (a) and
(c) shall be determined by the department at or prior to the time the
report recommending federal authorization is submitted to the
Congress or, in the case of a small project authorized by Section
12750, at the time the report recommending federal authorization is
submitted to the United States Army Chief of Engineers, except in the
case of emergency flood control construction when congressional
authorization and appropriation are concurrent and the normal
planning procedures are not followed.
In the case of projects already having federal authorization, the
state's portion of such costs shall be determined by the department
at the time state authorization is sought by the local agency.
The state's portion shall not be changed unless there are major
project changes made in the plan of improvement, in which case the
department, prior to the next appropriation of state funds for the
project, shall review the project and make such new determination as
it deems justified by the project changes.
(f) When a project authorized prior to November 10, 1969, is so
modified that it becomes subject to the provisions of Section 12639,
the policy described in this section shall be applied to any portion
of the modified project which the department determines to be beyond
the scope of the originally authorized project.

12585.3. The local agency may receive credit against its share of
the costs of lands, easements, and rights-of-way as determined in
subdivisions (b) and (d) of Section 12585.2 for lands required for
the project which were acquired not more than five years prior to
federal authorization of the project. The amount of this credit shall
be determined by the department or the board by applying the
percentage representing the state portion of the costs of lands,
easements, and rights-of-way as determined in subdivision (a) of
Section 12585.2 to the actual costs of the local agency in the case
of acquisition by purchase or condemnation, and to the fair market
value at the time the title is transferred in the case of acquisition
free of charge.

12585.4. Whenever specifically authorized by the Legislature, the
department or the board may lend the local agency the funds necessary
to pay the local portion of the costs of lands, easements, and
rights-of-way determined in subdivisions (b) and (d) of Section
12585.2, less any credit for previously acquired lands determined
under Section 12585.3. The state loan may not exceed a period of 10
years and the rate of interest on the loan shall be the current rate
for the state's Pooled Money Investment Account. The loan shall be
repaid in annual installments beginning one year after the loan is
made. The annual loan payment may be deducted from the state's annual
tax subvention to the local agency, if any. In the event that the
local agency does not receive tax subventions from the state adequate
to make the loan payment and becomes in default on the loan
payments, the local agency, notwithstanding any other provisions of
any statute limiting its tax ceiling, shall levy sufficient taxes to
repay the loan. Notwithstanding any other provisions of law, any
local agency authorized to participate in the construction of federal
flood control projects is authorized to accept the loans authorized
pursuant to this section.

12585.5. Notwithstanding any other provision of Chapter 2
(commencing with Section 12639), Chapter 3 (commencing with Section
12800), and this chapter, the following policy shall apply to
projects authorized by the Legislature after January 1, 1987, and to
small flood control projects authorized by Section 12750 for which
the department made the findings required by Section 12750.1 after
January 1, 1987:
(a) The state shall pay 70 percent of the nonfederal capital costs
required by Section 103(a) of Public Law 99-662.
(b) The state shall pay 70 percent of the nonfederal capital costs
of fish and wildlife mitigation.
(c) The state shall pay 70 percent of the nonfederal planning and
engineering costs required by Section 105(b) and the nonfederal
design costs required by Section 105(c) of Public Law 99-662.
(d) The local agency may receive credit against its share of the
costs of lands, easements, and rights-of-way, as determined in
subdivision (a), for lands required for the project which were
acquired not more than five years prior to federal authorization of
the project. The amount of this credit shall be determined by the
department or the Reclamation Board by applying the 70 percent state
portion as determined in subdivision (a) to the actual costs of the
local agency in the case of acquisition by purchase or condemnation
and to the fair market value at the time the title is transferred in
the case of acquisition free of charge.
(e) The state payments under subdivisions (a), (b), (c), and (d)
are subject to Section 12585.1.

12585.6. For projects authorized by the Legislature prior to
January 1, 1987, or for small flood control projects authorized by
Section 12750 for which the department made the findings required by
Section 12750.1 prior to January 1, 1987, which have been determined
by the Corps of Engineers to be subject to the nonfederal costs of
Sections 103(a), 105(b), and 105(c) of Public Law 99-662, the state
shall pay the costs specified in Section 12585.2 or in Section
12585.5, at the election of the local agency.

12585.7. Notwithstanding any other provision of this chapter,
Chapter 2 (commencing with Section 12639), or Chapter 3 (commencing
with Section 12800), the following requirements apply to projects
authorized by the Legislature on or after January 1, 2002, and to
small flood management projects authorized by Section 12750 for which
the department makes the findings required by Section 12750.1 on or
after January 1, 2002.
(a) The state shall pay 50 percent of the nonfederal capital costs
required by Section 2213 of Title 33 of the United States Code.
(b) The state shall pay 50 percent of the nonfederal capital costs
of fish, wildlife, and recreation mitigation.
(c) The state shall pay 50 percent of the nonfederal planning and
engineering costs required by Section 2215(b) of Title 33 of the
United States Code and the nonfederal design costs required by
Section 2215(c) of Title 33 of the United States Code.
(d) The state share of the nonfederal capital costs authorized in
subdivisions (a), (b), and (c) may be increased by up to an
additional 20 percent, to a maximum of 70 percent, upon the
recommendation of the department or the Central Valley Flood
Protection Board, if either entity determines that the project will
result in a significant contribution to any of the following
objectives:
(1) Protects, creates, enhances, or provides opportunities for
enhancement of endangered species, riparian, aquatic, terrestrial, or
other important habitats.
(2) Protects or enhances open space.
(3) Develops or enhances recreational opportunities that include,
but shall not be limited to, picnic areas, foot and bike paths, and
provides public access to all or nearly all of the project works,
except those areas where public access would constitute a threat to
public safety or habitat or would constitute a trespass on private
property.
(4) Increases the level of flood protection for disadvantaged
communities, as defined in Section 79505.5.
(5) Increases the level of flood protection for state
transportation facilities or state water supply facilities.
(e) (1) The department or Central Valley Flood Protection Board
shall include their recommendations with regard to increased cost
sharing in the report prepared pursuant to subdivision (b) of Section
12582.7, if so prepared, or in any addendum to that report.
(2) The department or Central Valley Flood Protection Board shall
determine whether the project will result in a significant
contribution to the prescribed objectives based upon substantial
evidence in the record. The department shall develop, by regulation
pursuant to Section 12601, criteria for making the determinations as
to whether projects will make significant contributions to the
objectives described in subdivision (d).
(f) The state payments under subdivisions (a) and (b) are subject
to Section 12585.1. State payments under subdivision (c) are not
subject to Section 12585.1.

12585.8. For all projects funded in accordance with Section
12585.7, the local agency shall receive credit against its share for
the value of the lands, easements, and rights-of-way, for lands
required for the project, to the extent authorized under federal law.
The amount of the credit shall be determined by the department or
the Reclamation Board by applying the percentage amount determined in
12585.7 to the actual amount of any credit determined by the United
States Army Corps of Engineers.

12585.9. The department or the Reclamation Board shall review flood
control projects prior to authorization for the purposes of
determining whether the project's individual and cumulative hydraulic
impacts are mitigated, as required by Division 13 (commencing with
Section 21000) of the Public Resources Code. The department or the
Reclamation Board shall include the determination in the report to
the Legislature required by subdivision (b) of Section 12582.7, if
the report is prepared.

12585.10. Section 161 does not apply to the adoption or revision of
regulations, guidelines, or criteria to implement Section 12582.7
and 12585.7.

12585.12. The department and the board may participate with the
federal government or local agencies in the design of environmental
enhancements associated with a federal flood control project, and may
participate in the construction of environmental enhancements
associated with a federal flood control project for which the state
has authorized state participation.

12585.12. The department and the board may participate with the
federal government or local agencies in the design of environmental
enhancements associated with a federal flood control project, and may
participate in the construction of environmental enhancements
associated with a federal flood control project for which the state
has authorized state participation.

12586. It is the intention of the Legislature that nothing in
Chapters 1 and 2 of this part shall be deemed to change the policy of
the State respecting that certain contract entered into between the
Federal Government and the State of California made pursuant to an
act of Congress of the United States, approved May 15, 1928 (Public,
Numbered 391, Seventy-seventh Congress, First Session, 45 Statutes at
Large 534, Chapter 569), and an act of the Legislature, approved May
4, 1925 (Chapter 176, Statutes of 1925, Section 8525 of this code),
nor shall anything in Chapters 1 and 2 of this part be deemed or
construed to modify, limit or take away from the powers and duties
vested in the department by any law or in the Reclamation Board
pursuant to the provisions of Part 4, Division 5, of this code.