SECTIONS 7047-7048 - California Statutes

WATER CODE

SECTION 7047-7048

7047. No person may alter, divert or deflect the course of any
nonnavigable stream in any surface mining dredging operation without
first obtaining the approval of the board of supervisors of the
county in which dredging is being done.
Nothing in this section shall be construed as conflicting with the
powers of the State Reclamation Board or the California Debris
Commission or contractors or permittees carrying out flood control
projects under authority of either board or commission.

7048. (a) The Legislature hereby finds and declares that the
protection, restoration, and enhancement of urban creek channels
provide potential benefits to the state by combining an effective and
efficient means of flood damage reduction with the preservation and
enhancement of natural environmental values. The Legislature further
finds that urban creek protection, restoration, and enhancement are
best undertaken by local agencies and organizations with assistance
from the state. It is the intent of the Legislature, in enacting this
section, to restore the ecological viability of creek environments
located in predominantly urban areas, thereby enhancing aesthetic,
recreational, and fish and wildlife values.
(b) (1) The director may establish a program of flood damage
reduction and urban creek restoration known as the Urban Streams
Restoration Program. The program shall consist of both of the
following components:
(A) The development of the capability by the department to respond
to requests from local agencies and organizations for planning and
design assistance for efficient and effective urban creek protection,
restoration, and enhancement.
(B) To the extent that funds are provided, a process for awarding
competitive grants.
(2) For purposes of this section, urban creek protection,
restoration, and enhancement include, but are not limited to, the
maintenance of channel capacity, channel stabilization, vegetation
management, and adaptive management to meet program objectives. Where
appropriate, the protection, restoration, and enhancement shall
utilize efficient, nonstructural low-maintenance flood protection
techniques. The department shall utilize in this program its
expertise in a variety of disciplines, including, but not limited to,
soil bioengineering, hydrology, and plant ecology.
(3) (A) The department shall maintain a balance in allocating the
money annually available for grants to small urban creek restoration
projects and large urban stream restoration projects, allocating not
less than 35 percent to both small and large projects. For purposes
of this section, "small urban creek restoration projects" are
projects for which total costs, including acquisition and restoration
costs, are below one million dollars ($1,000,000) and "large urban
stream restoration projects" are projects for which total costs,
including acquisition and restoration costs are one million dollars
($1,000,000) or more.
(B) Notwithstanding subparagraph (A), if an insufficient number of
qualified projects are available to fully meet the allocation
requirement, the department may grant funds to any project that is
otherwise qualified, in order to ensure that all available funds are
used efficiently.
(c) In responding to requests for assistance, the department shall
give priority to those projects that are being planned in
conjunction with, or in lieu of, local flood control projects. The
department may award grants and contracts to local agencies and
organizations as provided for in the budget of the department.
Participating local agencies and organizations shall follow
procedures, plans, and practices that are acceptable to the
department, and shall conform to guidelines established by the
department that define the level of contribution and participation
required by local agencies and organizations.
The department shall coordinate the program with the Department of
Fish and Game during the formulation of guidelines and project
planning for urban creek protection, restoration, and enhancement.
The department shall also consult with the Department of Fish and
Game on project criteria which may include economic, environmental,
and social benefits to be achieved.
(d) It is the intent of the Legislature that the duties and
responsibilities of the department be identified as the Urban Streams
Restoration Program and be carried out by an office or staff
designated for this purpose. Information on how to obtain planning,
design, and financial assistance should be readily accessible to the
public.
(e) As used in this section, "urban creek" means a creek stream,
or river that crosses built-up residential, commercial, or industrial
property, or that crosses land where, in the near future, the land
use will be residential, commercial, or industrial.
(f) For the purposes of this section, eligible activities include,
but are not limited to, the maintenance of channel capacity and
stabilization of the morphological equilibrium of a natural channel
for purposes of flood damage reduction, erosion control, and bank
stabilization which may include nonstructural as well as structural
projects.
(g) The department may adopt regulations that define adaptive
management for the purposes of the Urban Streams Restoration Program
and establish criteria to fund projects that include adaptive
management activities.
(h) The department may amend or utilize existing regulations for
approving competitive grants. The regulations may include, but are
not limited to, an application process, grant approval criteria, and
grantee's reporting requirements. The department shall annually make
available to the public, in a form that is readily accessible,
information regarding the status of funds appropriated for these
purposes and projects that received grants.