SECTIONS 8615-8623 - California Statutes

WATER CODE

SECTION 8615-8623

8615. The board may, in cooperation with the United States, adopt
and carry out any plan or plans or project of flood control in the
Sacramento or San Joaquin River Valleys or on or near the Sacramento
River or the San Joaquin River or their tributaries and may exercise
jurisdiction and authority in connection with such plans or projects
inside or outside the drainage district.

8616. It is the intent of this article to enlarge and extend the
power, jurisdiction and authority of the board outside the drainage
district to the extent set forth but not in any degree to limit,
restrict or abridge any of the powers, jurisdiction or authority of
the board.

8617. The board may give assurances satisfactory to the Secretary
of Defense of the United States that the state will do all of the
following:
(a) Provide, without cost to the United States, all lands,
easements, and rights-of-way necessary for the construction of the
project under the adopted flood control plan, except as otherwise
provided in that certain act passed by the Congress of the United
States, approved June 22, 1936, and entitled "An act authorizing the
construction of certain public works on rivers and harbors for flood
control and other purposes" (Public Law No. 738, Seventy-fourth
Congress).
(b) Hold and save the United States free from damage due to the
construction works.
(c) Maintain and operate all the works after completion in
accordance with regulations prescribed by the Secretary of Defense.
(d) Promise, agree, do, or perform any or all other things
required or necessary under the provisions of the act of Congress
approved June 22, 1936, or any acts amending or adding to that act,
now or hereafter adopted.

8617.1. Notwithstanding any of the provisions of Chapters 1 and 3
(commencing with Sections 12570 and 12800, respectively) of Part 6 of
Division 6, the board may take any action and expend any available
funds for the purpose of co-operating with the United States in
carrying out the project for flood protection on the Sacramento
River, as provided for and required under the provision of the act of
Congress. Public Law 86-645, 86th Congress, approved July 14, 1960.
Any reallocation of funds by the department for purposes described in
this section shall be subject to the provisions of Section 12828.
Prior to any appropriation of funds for the purposes described in
this section, the board shall investigate and report to the Governor
and Legislature on methods of feasible recovery from the
beneficiaries of the work to be accomplished of that portion of the
total nonfederal contribution in excess of costs of lands, easements,
and rights-of-way and the liabilities which may be incurred due to
the construction, operation, and maintenance of the project.

8617.5. (a) In connection with any work done on projects authorized
by the board in the repair or reconstruction of levees or other
flood control works completed before June 30, 1957, the board may
provide for and pay the cost of the relocation, reconstruction, or
replacement of improvements, structures, or utilities that have
actually existed and been in use for over 20 years, which has been
rendered necessary by the work, unless payment would be contrary to
any written authorization or agreement under which the improvement,
structure, or utility was constructed or maintained.
(b) This section shall not apply to the relocation,
reconstruction, or replacement of improvements, structures, or
utilities if the work has been financed, in whole or in part, with
funds under the Flood Relief Law of 1956 (former Article 6
(commencing with Section 54150) of Chapter 5 of Part 1 of Division 2
of Title 5 of the Government Code) or Public Law 81-875.

8618. All political subdivisions, agencies of the State, and
municipal and quasi-municipal corporations may make agreements with
the board obligating themselves to do or perform those things which
are required of the State, political subdivisions thereof, or other
local agencies by the act of Congress approved June 22, 1936, or any
acts amending or adding to it, now or hereafter adopted.
When an elimination, modification, or alteration of any authorized
plan of flood control is made at the request of a political
subdivision, agency of the State, or municipal or quasi-municipal
corporation, the political subdivision, agency of the State, or
municipal or quasi-municipal corporation may, in agreements made
pursuant to this section, assume responsibility for all claims of
damage or liability made against the State and its agencies or the
United States and arising from the requested elimination,
modification, or alteration of the authorized plan of flood control.

8619. In case any land, right of way, or easement is needed and is
required to be provided free of cost to the State or the United
States for any work of channel excavation, enlargement, rectification
or control, or for the construction of any weir, which is a part of
the plan and is to be done or constructed in whole or in part by the
United States or by the State, the board may:
(a) Acquire the land, right of way, or easement and cause it to be
conveyed to the United States or to the State free of cost.
(b) Cause the land, right of way, or easement to be condemned for
the use and in the name of the United States or the State in the
manner provided by the laws of this State or of the United States.
(c) Pay the cost and expense of acquiring the land, right of way,
or easement out of the funds of any assessment by the board
applicable thereto.
(d) If the land, right of way, or easement has been already
acquired by the board in the name of the drainage district, the board
may cause it to be conveyed by the district to the United States or
to the State free of cost.

8620. Whenever any work to be done by the board of the drainage
district under any of the provisions of this part is such that it can
be so done in connection with work of public improvement of rivers
and harbors authorized by the United States as to bring it within the
provisions of Section 4 of the United States River and Harbor Act,
approved March 4, 1915, authorizing the receipt by the United States
agencies of funds to be contributed for expenditures in connection
with funds appropriated by the United States for such work, the funds
under the control of the board and available for such work may be
contributed by the board to the United States under the provisions of
the act in order that the work may be done in the manner
contemplated in the act.

8621. Notwithstanding any of the provisions of Chapters 1 and 3 of
Part 6 of Division 6, the board, with the approval of the Department
of Finance, may, when a saving to the State will result, in lieu of
acquiring all or any portion of the lands, easements, or rights of
way, in connection with a flood control project, execute a substitute
plan which includes provision for the State to construct works or
contribute to the United States a portion of the construction cost of
the flood control project when such works to be constructed by the
board or the changes in the design of the project are made which,
while resulting in new or added state expenditures for construction,
will reduce the costs of the lands, easements or rights of way which
otherwise might be required. Any funds heretofore or hereafter
appropriated or allocated to the board for the acquisition of lands,
easements, or rights of way may be used for the purposes specified in
this section.
In carrying out the provisions of this section, the board may
negotiate with the United States and adopt on behalf of the State,
any necessary revision of a project authorized by Chapter 2 of Part 6
of Division 6, but no money shall be expended pursuant to this
section to meet the requirements of the United States for local
cooperation in connection with such authorized project unless the
United States agrees to accept the substitute plan as meeting the
requirements for local cooperation.

8622. Notwithstanding any of the provisions of Chapters 1 and 3
(commencing with Sections 12570 and 12800 respectively) of Part 6 of
Division 6, the board may undertake immediate construction or
reconstruction of a portion of a project at state expense, if the
board determines that it is urgent to immediately construct or
reconstruct a portion of an authorized flood control project because
of damages resulting from the 1955-56 floods. Any funds heretofore or
hereafter appropriated or allocated to the board for the acquisition
of lands, easements, and rights of way may be used for the purposes
specified in this section.

8623. Notwithstanding any of the provisions of Chapter 1
(commencing with Section 12570) and Chapter 3 (commencing with
Section 12800) of Part 6 of Division 6, the board may plan, design,
and construct flood relief structures or weirs and other structures
or facilities essential for their proper functioning in the vicinity
of the Sacramento River between Big Chico Creek and the north
boundary of Glenn County Levee District No. 3, as needed to assure
proper division of flood flows between the river and adjacent
overflow areas and to preserve the integrity of the Sacramento River
Flood Control Project. No revetment of the river bank may be
installed pursuant to this section except to the extent necessary to
assure the proper division of flood flows as described in this
section. If any revetment is required under this section, it shall be
accomplished by the palisades method, unless the department finds
that method is not feasible.