SECTIONS 12890-12893 - California Statutes

WATER CODE

SECTION 12890-12893

12890. The department is authorized to make from time to time such
rules and regulations as may be necessary to carry out, and as are
consistent with, this chapter.

12890.2. In making loans or grants pursuant to this chapter, the
department shall impose terms and conditions that are designed to
protect the state's investment and that are necessary to carry out
the purposes of this chapter.

12890.4. The department shall keep full and complete records and
accounts concerning all of its transactions under this chapter.

12891. In order to effectuate loans or grants made by the
department pursuant to this chapter, the State Controller shall, upon
demand of the department, draw warrants made payable to such public
agencies and in such amounts as are from time to time designated by
the department. The State Treasurer shall pay such warrants from
available moneys.

12891.2. It shall be the duty of the State Controller to make such
audit or audits of the books and records of public agencies receiving
loans or grants pursuant to this chapter, as he may deem necessary
from time to time, for the purposes of determining that the money
received by such public agencies as loans or grants hereunder has
been expended for the purposes and under the conditions authorized
herein. Whenever the State Controller determines that any money paid
to such a public agency has been expended by such public agency for
purposes not authorized by this chapter, or exceeds the final cost of
the project for which a loan or grant was made, or exceeds the final
cost of the feasibility report for which a loan was made, the State
Controller shall furnish written notice to the department and to the
public agency directing the public agency to pay into the State
Treasury the amount of such unauthorized expenditures, or the amount
in excess of the final authorized cost of the project or the
feasibility report. Upon receipt of such notice, such public agency
shall, at the time specified therein, pay to the State Treasurer the
amount set forth in such notice. Such amount shall, upon order of the
State Controller, be deposited in the State Treasury to the credit
of the California Water Resources Development Bond Fund to be
available for the purposes prescribed in Section 12937 of this code.
It shall be the duty of such public agency to make the payments to
the State Treasurer as provided in this section, and it shall be the
duty of the State Controller to enforce such collection on behalf of
the state.

12891.4. All loans or grants made pursuant to this chapter shall be
subject to the provisions of this chapter and subject to the
approval of the California Water Commission.

12892. No member of the California Water Commission shall
participate in the action of the commission in considering for
approval, or approving, a loan or grant under this chapter to a
public agency of which he is an officer, employee, agent, consultant,
accountant, engineer, or legal counsel or in which he owns real
property.

12893. In the case of a grant under subdivision (b) of Section
12884.2 for the part of the construction cost of a dam and reservoir
properly allocated to recreational functions of statewide interest
and a grant under subdivision (a) of Section 12884.2 for the part of
the construction cost of the proposed project properly allocated to
the enhancement of fish and wildlife, the department may provide in
the grant contract that the public agency shall deposit a portion of
the grant into a special account or fund and shall use the money
deposited, and its increments, solely for the construction of
specified onshore recreation facilities until the construction cost
of the facilities is paid. In acting under this section, the
department may reserve for the construction of onshore recreation
facilities only the portions of such grants which, in the department'
s judgment, will not be needed for the payment of the construction
cost of the dam and reservoir, in the case of a grant under
subdivision (b) of Section 12884.2, or the construction cost of any
project facilities other than the onshore recreation facilities, in
the case of a grant under subdivision (a) of Section 12884.2.