SECTIONS 12825-12832 - California Statutes

WATER CODE

SECTION 12825-12832

12825. When the United States makes funds available on or after
March 12, 1946, for the construction of any flood control project
either adopted and authorized by Chapters 1 and 2 of this part or by
subsequent legislation, any public agency affected may request the
department to investigate and report to the Legislature as to the
date state funds should be allocated to pay the cost of cooperation
by the State with the United States for the project and the estimated
amount.

12826. (a) No money appropriated for flood control projects shall
be allocated for the purchase of lands, easements, and rights-of-way
necessary for multiple purpose dams or reservoirs constructed by the
United States, and authorized by the Legislature prior to January 1,
1987, except the projects on the Fresno and Merced County Stream
Groups.
(b) For projects involving dams or reservoirs authorized by the
Legislature after January 1, 1987, the state shall pay for the costs
of the flood control components of the project as specified in
Section 12585.5.

12827. As to projects other than those approved and authorized by
the Legislature, the department shall make its determination in the
manner provided by Chapters 1 and 2 of this part.

12828. Except where the co-operation required by the United States
in addition to the costs of all lands, easements, and rights-of-way,
has been authorized to be assumed by the State prior to March 12,
1946, the department shall not reallocate the funds allocated to it,
nor shall the Reclamation Board expend any funds appropriated
directly to it, for acquisition of property rights or contributions
to the United States, for any project for which the Reclamation Board
is directed to give assurances to the United States unless and until
a public agency other than the Reclamation Board has either assumed
the obligations of maintenance and holding the United States harmless
from damages due to the construction of works, directly with the
United States, or has by binding agreement with the Reclamation Board
agreed to assume such obligations and to hold the State and the
Reclamation Board harmless from any claims therefor.
This section is not intended to prevent the expenditure of project
funds by the Reclamation Board for planning and design engineering,
title reports and appraisals, and other incidental expenses required
in advance of actual acquisition of property rights.

12829. Money allocated to the department for flood control projects
shall be reallocated to public agencies upon order of the department
after application therefor has been made to it by such agencies
showing the necessity, purpose and use to be made of the money or by
the showing that such agencies have made necessary advances or
incurred obligations for the purpose of expediting projects for which
the allocation is made and giving such other information as the
department may require. Expenditures of the reallocated sums shall be
reported to the department as and when required by it. The reports
shall give such information as it may require.

12830. The department may refuse to make any order for the
reallocation of any of the funds if the provisions of this chapter
are violated.

12831. The department shall submit to the Controller all approved
local agency claims for reimbursement allocations for flood control
projects within 90 days of receipt of the claim.

12832. The Controller shall perform an audit of projects completed
pursuant to this chapter within nine months after the claim is
received by the department. If the Controller is unable to perform
the audit within nine months after the claim is submitted by a local
agency, the department shall pay at least 90 percent of the claim
subject to completion of the audit by the Controller.