SECTIONS 8525-8539 - California Statutes

WATER CODE

SECTION 8525-8539

8525. The report of the California Debris Commission transmitted to
the Speaker of the House of Representatives of the United States by
the Secretary of War on June 27, 1911, as modified by the report of
the California Debris Commission, dated January 5, 1925, and as
heretofore amended or modified by the board, is approved as a plan
for controlling the flood water of the Sacramento and San Joaquin
Rivers and their tributaries, for the improvement and preservation of
navigation and the reclamation and protection of lands that are
susceptible to overflow from the rivers and their tributaries.

8526. The board in conjunction with the California Debris
Commission shall execute the plan approved by this chapter, and the
board may make such modifications and amendments to the plan as are
necessary to execute the plan for the purpose stated.

8527. For the purpose of cooperating in the carrying out and
completion of the plan approved in Section 8525, and on condition
that the United States will likewise cooperate in the carrying out of
the plan and, to that end, will appropriate and make available to
the extent that it has not already done so, substantially the same
amount as the State as recommended in the plan, appropriations will
be made by the State from time to time by law, which, together with
amounts heretofore appropriated by the State in aid of the plan, will
not exceed in the aggregate seventeen million seven hundred thousand
dollars ($17,700,000).

8528. The intent of the next preceding section is to provide for
substantially equal contributions by the United States, the State and
local interests to the total cost of carrying out the plan, it being
recognized that certain local interests have become obligated in
excess of one-third of the total cost of the plan.

8529. All money appropriated under authority of Section 8527 shall
be expended in accordance with the plans, specifications and
recommendations of the California Debris Commission and the board for
purposes in general conformity with the plan approved in Section
8525, including expenditures and appropriations to make such
equitable adjustments as the Legislature may determine with such
local interests as have obligated themselves in excess of their
shares of one-third of the total cost of the plan, and including
necessary expenditures for operation and maintenance during
construction.

8530. The board shall have control and jurisdiction over the plans
of the California Debris Commission and such other plans as may be
adopted by the board, excepting such portions of the plans as relate
to channel excavating, enlargement, rectification and control in the
Sacramento River and the construction of weirs.
All work and control in the Sacramento River and the construction
of weirs shall remain concurrently with the United States and the
State.

8531. The Statutes of California as existing on April 1, 1923,
shall be observed and followed:
(a) In all plans, hearings, notices and proceedings relating to
the maintenance, repair and operation of reclamation and flood
control works existing on April 1, 1923.
(b) In the completion, maintenance and operation of any project
adopted by the board prior to April 1, 1923.
(c) In the adoption and carrying to completion of any project of
work contained or involved in the report of the California Debris
Commission dated January 5, 1925.

8532. The State has a primary interest in adequately protecting
lands overflowed, or subject to overflow, in confining the waters of
rivers, tributaries, by-passes and overflow channels and basins
within their respective basins and boundaries within the district,
and in preserving the welfare of the residents and holders of land
therein.

8533. The State has a primary and supreme interest in having
erected, maintained and protected on the banks of the Sacramento and
San Joaquin Rivers, their tributaries, by-passes, overflow channels
and basins, good and sufficient levees and embankments or other works
of reclamation, adequately protecting the lands overflowed or
subject to overflow, and confining the waters of the rivers,
tributaries, by-passes, overflow channels, and basins within their
respective channels and boundaries.

8534. The board at all times shall enforce on behalf of the State
the erection, maintenance and protection of such levees, embankments
and channel rectification as will, in its judgment, best serve the
interests of the State.

8536. The board has no power, jurisdiction, authority or control
over the construction, operation or maintenance of the Central Valley
Project or any part of it.

8538. No county or public officer shall charge or receive any fee
for any of the services required to be performed by him under the
provisions of this part, but any reasonable and necessary expense
actually incurred by any officer in carrying out any of the
provisions of this part relating in any manner to the collection or
enforcement of any assessment, shall be paid out of the funds of the
drainage district applicable thereto.

8539. The Legislature hereby finds and declares that there is an
urgent need for channel clearing and desnagging in many California
waterways, and that these snags pose a severe danger and cause
unnecessary erosion of banks.
The board, other state agencies, cities, counties, and districts
are hereby authorized to cooperate with one another and with agencies
of the United States in the performance of channel clearing and
desnagging work within the Sacramento and San Joaquin Rivers and
their tributaries, and may furnish money, services, equipment, and
other property to that end. The board, as appropriate, shall consult
with the Department of Water Resources, the State Lands Commission,
and the Department of Fish and Game in carrying out its
responsibilities pursuant to this section.