SECTIONS 12865-12868 - California Statutes

WATER CODE

SECTION 12865-12868

12865. 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
acts of Congress for the following types of watershed projects:
(a) "Pilot plant" or "experimental projects" in this State,
whether commenced prior to the effective date of this chapter or not,
authorized by the Department of Agriculture Appropriation Act for
the fiscal year ending June 30, 1954 (Chapter 251, Public Law 156,
Eighty-third Congress, First Session, approved July 28, 1953) to be
carried out pursuant to Public Law 46, Seventy-fourth Congress.
(b) Any project in this State undertaken, whether prior to the
effective date of this chapter or not, pursuant to the Watershed
Protection and Flood Prevention Act (Public Law 566, Chapter 656,
Eighty-third Congress, Second Session).

12866. The costs of local cooperation which the State will assume
pursuant to Section 12865 shall be limited to the costs of lands,
easements and rights of way.

12866.1. 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.

12866.2. Notwithstanding any other provisions of this chapter, the
following policy shall apply to projects approved by the appropriate
committees of the Congress and by the Department of Agriculture after
November 10, 1969:
(a) The state shall pay 75 percent of the costs of lands and
rights or interests in lands whereon channel improvements and channel
rectifications, debris dams and water-retarding structures 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, debris dams and
water-retarding structures, 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, debris dams and water-retarding structures
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, debris dams and
water-retarding structures, 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. 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
determinations as it deems justified by the project changes.
(f) When a project approved prior to November 10, 1969, is so
modified that it becomes subject to the provisions of Section 12873,
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.

12866.3. 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 12866.2 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 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 12866.2 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.

12866.4. Whenever specifically authorized by the Legislature, the
department 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 12866.2, less any
credit for previously acquired lands determined under Section
12866.3. 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 shall 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 of 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 watershed protection
projects is authorized to accept the loans authorized pursuant to
this section.

12867. The State shall pay the costs of lands, easements and rights
of way for projects described in subsection (a) of Section 12865
only if, or to the extent that:
(a) The Secretary of Agriculture and local organizations have
agreed on a plan for works of improvement pursuant to the
authorization made by the Department of Agriculture Appropriation Act
for the fiscal year ending June 30, 1954.
(b) Local organizations have given assurances as required by the
Secretary of Agriculture relative to local participation.
(c) The department finds in its judgment that the benefits of the
proposed works of improvement for an entire project or for a portion
or portions thereof which constitute complete and usable independent
units will reasonably exceed the costs of the entire project or of
such portion or portions thereof. Cost figures based upon a
reconnaissance-type survey may be used for such purpose providing the
department finds that all elements of cost reasonably appear to be
included and the cost figures appear reasonably accurate for the
purpose of supporting a finding that total costs will be less than
the total benefits for an entire project or for such portion or
portions thereof that may be under consideration.
(d) The department recommends to the Legislature that an
appropriation of funds be made for the entire project or for such
portion or portions thereof as constitute complete and usable
independent units for reallocation for payment of the costs of lands,
easements and rights of way which it finds have already been
incurred or which it is anticipated will be incurred during the next
fiscal year.

12868. The State shall pay the costs of lands, easements and rights
of way for projects described in subsection (b) of Section 12865
only if, or to the extent that:
(a) The Secretary of Agriculture and local organizations have
agreed on a plan for works of improvement pursuant to Public Law 566,
Eighty-third Congress, Second Session.
(b) Local organizations have given the required assurances to the
Secretary of Agriculture that they will:
(1) Acquire without cost to the Federal Government such land,
easements, or rights of way as will be needed in connection with
works of improvement installed with federal assistance;
(2) Assume such proportionate share of the cost of installing any
works of improvement involving federal assistance as may be
determined by the secretary to be equitable in consideration of
anticipated benefits from such improvements;
(3) Make arrangements satisfactory to the secretary for defraying
costs of operating and maintaining such works of improvement, in
accordance with regulations presented by the Secretary of
Agriculture;
(4) Acquire, or provide assurance that landowners have acquired,
such water rights, pursuant to state law, as may be needed in the
installation and operation of the work of improvement.
(5) Obtain agreements to carry out recommended soil conservation
measures and proper farm plans from owners of not less than 50 per
centum of the lands situated in the drainage area above each
retention reservoir to be installed with federal assistance.
(c) The Secretary of Agriculture has determined that the benefits
to be derived from the proposed works of improvement will exceed the
cost.
(d) The Secretary of Agriculture has transmitted a copy of the
plan and justification therefor to the Congress through the President
and, where applicable, to the Secretary of the Interior and the
Secretary of the Army, as required by said Public Law 566.
(e) The department finds in its judgment that the benefits of the
proposed works of improvement for an entire project will reasonably
exceed the costs thereof. Cost figures based upon a
reconnaissance-type survey may be used for such purpose providing the
department finds that all elements of cost reasonably appear to be
included and the cost figures appear reasonably accurate for the
purpose of supporting a finding that total costs will be less than
the total benefits.
(f) The department recommends to the Legislature that an
appropriation of funds be made for the project for reallocation for
payment of the costs of lands, easements and rights of way which it
finds have already been incurred or which it is anticipated will be
incurred during the next fiscal year.