SECTIONS 6025-6031 - California Statutes

WATER CODE

SECTION 6025-6031

6025. It is the intent of the Legislature by this part to provide
for the regulation and supervision of dams and reservoirs exclusively
by the State.

6025.5. (a) Notwithstanding any other provision, subject to
subdivision (b), the requirements for state regulation and
supervision of safety of dams, as contained in this division, shall
not be applicable to waste water treatment and storage ponds
constructed as a part of a waste water control facility.
(b) This section applies to those ponds specified in subdivision
(a) only after the governing body of the city, county, district, or
other agency which operates the waste water control facility adopts a
resolution which (1) finds that the ponds have been constructed and
operated to standards adequate to protect life and property, and (2)
provides that the city, county, district, or other agency shall
supervise and regulate the design, construction, operation
enlargement, replacement, and removal of the ponds after the
effective date of the resolution.
(c) This section applies only to ponds specified in subdivision
(a) which (1) have a maximum height of 15 feet or less and a maximum
storage capacity of 1,500 acre-feet or less, (2) have been designed
by, and constructed under the supervision of, a registered civil
engineer, and (3) are not across a stream channel or watercourse.

6025.6. (a) An owner of a structure defined as a dam pursuant to
Section 6002, but excluded from that definition pursuant to
subdivision (d) of Section 6004 or otherwise exempted from the
requirements of this chapter pursuant to Section 6025.5, shall comply
with the requirements of Section 8589.5 of the Government Code and
shall employ a civil engineer who is registered in the state to
supervise the structure for the protection of life and property for
the full operating life of the structure.
(b) (1) The civil engineer supervising a dam pursuant to
subdivision (a) shall take into consideration, in determining whether
or not a dam constitutes, or would constitute, a danger to life or
property, the possibility that the dam might be endangered by
seepage, earth movement, or other conditions that exist, or might
occur, in any area in the vicinity of the dam.
(2) If the civil engineer determines that a dam under his or her
supervision constitutes, or would constitute, a danger to life or
property, the civil engineer shall notify the owner of the dam and
recommend appropriate action.
(c) The owner shall submit to the department the name, business
address, and telephone number of each supervising civil engineer.
(d) The department shall submit the information provided pursuant
to subdivision (c) to the California Emergency Management Agency on
or before January 1, 1995, and on or before each January 1
thereafter. Any change in the information shall be submitted to the
department on or before July 1 of each year.

6026. No city or county has authority, by ordinance enacted by the
legislative body thereof or adopted by the people under the
initiative power, or otherwise, to regulate, supervise, or provide
for the regulation or supervision of any dams or reservoirs in this
state, or the construction, maintenance, or operation thereof, nor to
limit the size of any dam or reservoir or the amount of water which
may be stored therein. This part shall not prevent a city or county
from adopting ordinances regulating, supervising, or providing for
the regulation or supervision of dams and reservoirs that (a) are not
within the state's jurisdiction, or (b) are not subject to
regulation by another public agency or body.

6027. Whenever supervision of safety of design or construction of a
proposed or existing dam or reservoir is exercised by the United
States or any of its agencies pursuant to a jurisdiction superior to
that of the state, and the requirements made under authority of such
jurisdiction are so contradictory with requirements made by the
department under this part that a compliance cannot be made which
will meet both federal and state requirements, then the state
requirements shall be modified by the department sufficiently to make
possible compliance with both federal and state requirements.

6028. No action shall be brought against the state or the
department or its agents or employees for the recovery of damages
caused by the partial or total failure of any dam or reservior or
through the operation of any dam or reservoir upon the ground that
such defendant is liable by virtue of any of the following:
(a) The approval of the dam or reservoir.
(b) The issuance or enforcement of orders relative to maintenance
or operation of the dam or reservoir.
(c) Control and regulation of the dam or reservoir.
(d) Measures taken to protect against failure during an emergency.

6029. Nothing in this part shall be construed to relieve an owner
or operator of a dam or reservoir of the legal duties, obligations,
or liabilities incident to the ownership or operation of the dam or
reservoir.

6030. The findings and orders of the department and the certificate
of approval of any dam or reservoir issued by the department are
final and conclusive and binding upon all state agencies, regulatory
or otherwise, as to the safety of design, construction, maintenance,
and operation of any dam or reservoir.

6031. Nothing in this part shall be construed to deprive any owner
of such recourse to the courts as he may be entitled to under the
laws of this State.