SECTIONS 12639-12643 - California Statutes

WATER CODE

SECTION 12639-12643

12639. The works of improvement for the control, conservation and
utilization of destructive flood waters and the reclamation and
protection of lands that are susceptible to overflow by flood waters,
which are described in this chapter, are adopted and authorized in
the interest of the public welfare of the people of this State to be
prosecuted substantially in accordance with the plans in the
respective reports designated in this chapter.
If, however, there are any major project changes in the plan of
improvement originally approved by the Congress and adopted and
authorized by the State, which changes result in a substantial
increase in the estimated cost of lands, easements and rights-of-way
for the project, no money shall be reallocated by the State in aid of
that portion of the project until the revised plan has been reviewed
and approved by the department. Such approval shall be given if the
department finds in its judgment that the benefits of the proposed
works of improvement for the revised project will exceed the cost
thereof and that the revised project appears to be the most
economical project plan, considering construction costs, lands,
easements and rights-of-way costs, and costs of operation and
maintenance.

12639.1. The department may investigate any project adopted and
authorized by the state and approved by the Congress to determine
whether the project is no longer justified and whether appropriate
action should be taken to deauthorize the project. The department
shall coordinate that investigation with the federal agency involved
in the project.

12640. The provisions of Part 2 of this division shall be
applicable to all water made available by the construction of the
works of any project approved by Chapters 1 and 2 of this part. No
priority under Part 2 shall be released nor assignment made of any
appropriation that will, in the judgment of the Department of Water
Resources, deprive the county in which the appropriated water
originates of any water necessary for the development of the county.

12641. Any county, city, state agency or public district is
authorized to make agreements with the United States or any of its
departments or agencies obligating them to do or perform those things
which are required of them by Chapters 1 and 2 of this part and by
the act of Congress approved December 22, 1944 (Public, Numbered 534,
Seventy-eighth Congress, Second Session), and the act of Congress
approved August 18, 1941 (Public, Numbered 228, Seventy-eighth
Congress, First Session).

12642. In all cases where the Federal Government does not maintain
and operate projects, it is the responsibility and duty of the
county, city, state agency, or public district affected to maintain
and operate flood control and other works, constructed pursuant to
Chapters 1 and 2 of this part, after their completion and hold and
save the State and the United States free from damages.

12643. Prior to any local agency receiving payment or reimbursement
pursuant to Section 12585.5 or 12585.7, for projects authorized on
or after January 1, 2001, the agency shall enter into an agreement
with the department or Reclamation Board pursuant to which the agency
agrees to indemnify and hold and save the state, and its officers,
agents, and employees, harmless from any and all liability for
damages, as provided in Sections 12642 and 12828.