SECTIONS 14903-14920 - California Statutes

WATER CODE

SECTION 14903-14920

14903. (a) The San Joaquin Valley Drainage Relief Program is hereby
established in the department.
(b) The department shall carry out the program and may develop, in
consultation with the state board, the Department of Conservation,
and the Department of Fish and Game, a land retirement demonstration
program.
(c) The department may adopt regulations to carry out the program.
(d) The purpose of the program is to encourage the cessation of
irrigation of retirement land and to otherwise assist in the
resolution of the agricultural subsurface drainage problems in the
San Joaquin Valley through the coordinated efforts of federal, state,
and local agencies, nonprofit organizations, and private landowners
who elect to participate in the program.

14904. The San Joaquin Valley Drainage Relief Fund is hereby
created for purposes of the program.

14905. The department may enter into agreements with the state
board, the Department of Fish and Game, the Department of
Conservation, possessors of water rights, and other appropriate
public agencies and nonprofit organizations to provide for the
purchase and management of retirement land and water pursuant to this
chapter.

14906. Property acquired pursuant to this chapter shall be managed
as upland habitat, wetlands, riparian habitat, or nonirrigated
agricultural land, as appropriate. The department shall coordinate
with the Department of Fish and Game to ensure that adequate funding
is available for management of the retirement land and use of water
for environmental purposes.

14907. (a) Agreements to sell water that is conserved as a result
of the retirement of land pursuant to this chapter to public
agencies, nonprofit organizations, investor-owned water utilities,
corporations, or persons shall carry out the intent of the
Legislature set forth in subdivision (b) of Section 14901.5.
(b) (1) Agreements to distribute water that is conserved as a
result of the retirement of land pursuant to this chapter shall
maximize amounts for environmental purposes, including the
restoration and enhancement of riparian habitat, wetlands, fisheries,
and instream flows.
(2) It is the intent of the Legislature that water distributed
pursuant to paragraph (1) be deemed contributions to a water
resources mitigation bank, if established by the state, to meet state
or federal requirements to dedicate water for environmental
purposes.
(c) Up to one-third of the amount of water conserved as a result
of the retirement of land pursuant to this chapter and not sold
pursuant to subdivision (a) may be used by local public agencies for
environmental purposes, including the restoration and enhancement of
riparian habitat, wetlands, fisheries, instream flows, or
replenishment of groundwater resources.

14907.5. Notwithstanding any other provision of this chapter, the
possessor of the water right determines the final disposition of the
water.

14907.6. Participation in the program by local public agencies and
landowners is voluntary and shall be undertaken in accordance with
applicable statutory and regulatory requirements, court judgments,
and contractual obligations.

14908. The funds received from the sale of water pursuant to
subdivision (a) of Section 14907 shall be deposited in the fund.
Notwithstanding Section 13340 of the Government Code, money in the
fund is continuously appropriated, without regard to fiscal years, to
pay for the purchase of the title to, or interests in, the
retirement land from landowners who elect to participate in the
program, for the management of that land, applicable charges and
assessments for water and land, administrative costs, grants and
loans made pursuant to Section 14913, and for related water transfer
costs.

14909. The department may apply for, and accept, federal and state
grants and receive gifts, donations, and other financial support from
public and private sources to be deposited in the fund to carry out
this chapter.

14910. The department may acquire or accept the gift or dedication
of fee title, easements, including conservation easements, leases,
development rights, or other interests in retirement lands to carry
out this chapter.

14911. The department may accept advance payments for future water
deliveries undertaken pursuant to this chapter.

14912. (a) The department may purchase, lease, rent, sell,
exchange, or otherwise transfer any land, interest in land or water,
or option acquired pursuant to this chapter.
(b) The proceeds from any lease, rental, sale, exchange, or
transfer of land or water, or any interest therein, or option, shall
be deposited in the fund.
(c) The department, in consultation with appropriate federal,
state, and local agencies, shall determine the minimum acreage of
contiguous land in which interests are needed to be acquired to carry
out the purposes of this chapter with regard to drainage reduction.
The determination required by this subdivision is exempt from Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code.
(d) No interest in land is eligible for purchase unless the
department determines that the purchase of the interest, by itself or
together with other interest in land, is consistent with the minimum
acreage determination made pursuant to subdivision (c).
(e) The rate of acquisition of title to, and interests in,
retirement lands is within the discretion of the department, based on
the availability of funds and other appropriate factors.

14913. The department may, by contract or agreement, make grants or
loans to local public entities, state agencies, or nonprofit
organizations to carry out this chapter.

14914. The purchase price of any interest in land or water acquired
pursuant to this chapter may reflect the benefit to the state of
alleviating drainage problems in the San Joaquin Valley and the
conversion of property to wildlife habitats.

14915. The price of water conserved and sold pursuant to this
chapter shall be determined by the department so as to carry out the
intent of the Legislature set forth in subdivision (b) of Section
14901.5.

14916. Purchase agreements entered into pursuant to this chapter
may provide for the return of the property, that is the subject of
the purchase, to irrigated agricultural use if affordable
technological solutions to the drainage and environmental problems
are identified and implemented.

14917. In carrying out this chapter, the department shall consider
the effects of purchases of property pursuant to this chapter on the
overall economy of the local communities, including the impact on job
opportunities and businesses.

14918. The department shall coordinate with the United States
Department of the Interior regarding water distribution undertaken
pursuant to this chapter in those areas served by the federal Central
Valley Project.

14920. This chapter shall become operative on July 1, 1993.