SECTIONS 6455-6461 - California Statutes

WATER CODE

SECTION 6455-6461

6455. Every owner of a dam or reservoir that falls within the
definition of a dam or reservoir in this part by virtue of the
amendment of Section 6002 or the addition of Section 6004.5 at the
1965 Regular Session of the Legislature and that was completed prior
to September 17, 1965, shall immediately file an application with the
department for the approval of such dam or reservoir; provided that
this Chapter 10 shall not apply to any reservoir which contains the
water impounded by a dam for which a certificate of approval is in
effect on September 17, 1965.

6456. A separate application shall be made for each dam or
reservoir and shall be filed with the department upon forms to be
supplied by it and shall include or be accompanied by such
appropriate information concerning the dam or reservoir as the
department requires.

6457. The department shall give notice to file an application to
owners of such dams or reservoirs who have failed to do so as
required by this article, and a failure to file within 30 days after
such notice shall be punishable as provided in this part.

6458. The notice provided for in this article may be given by
registered or certified mail and a return receipt signed by the owner
shall constitute prima facie evidence of service.

6459. The department shall make inspections of such dams or
reservoirs at state expense.

6460. The department shall require owners of such dams or
reservoirs to perform at their expense such work or tests as
necessary to disclose information sufficient to enable the department
to determine whether to issue certificates of approval or to issue
orders directing further work at the owner's expense necessary to
safeguard life and property. For this purpose, the department may
require an owner to lower the water level of, or to empty, the
reservoir.

6461. If, upon inspection or upon completion to the satisfaction of
the department of all work that may be ordered, the department finds
that the dam or reservoir is safe to impound water, a certificate of
approval shall be issued. The owner of the dam or reservoir shall
not, through action or inaction, cause the dam or reservoir to
impound water following receipt by the owner of a written notice from
the department that a certificate will not be issued because the dam
or reservoir will not safely impound water. Before such notice is
given by the department, the department shall hold a hearing. Written
notice of the time and place of the hearing shall be mailed at least
20 days prior to the date set for the hearing, to the owner of the
dam or reservoir. Any interested persons may appear at the hearing
and present their views and objections to the proposed action. Any
petition for a writ of mandate to inquire into the validity of the
action of the department shall be commenced within 30 days after
receipt by the owner of a written notice from the department that a
certificate of approval will not be issued.