SECTIONS 9600-9603 - California Statutes

WATER CODE

SECTION 9600-9603

9600. This act shall be known and may be cited as the Central
Valley Flood Protection Act of 2008.

9601. The Legislature finds and declares all of the following:
(a) The Central Valley of California is experiencing unprecedented
development, resulting in the conversion of historically
agricultural lands and communities to densely populated residential
and urban centers.
(b) The Legislature recognizes that by their nature, levees, which
are earthen embankments typically founded on fluvial deposits,
cannot offer complete protection from flooding, but can decrease its
frequency.
(c) The Legislature recognizes that the level of flood protection
afforded rural and agricultural lands by the original flood control
system would not be adequate to protect those lands if they are
developed for urban uses, and that a dichotomous system of flood
protection for urban and rural lands has developed through many years
of practice.
(d) The Legislature further recognizes that levees built to
reclaim and protect agricultural land may be inadequate to protect
urban development unless those levees are significantly improved.
(e) Cities and counties rely upon federal flood plain information
when approving developments, but the information available is often
out of date and the flood risk may be greater than that indicated
using available federal information.
(f) The Legislature recognizes that the current federal flood
standard is not sufficient in protecting urban and urbanizing areas
within flood prone areas throughout the Central Valley.
(g) Linking land use decisions to flood risk and flood protection
estimates comprises only one element of improving lives and property
in the Central Valley. Federal, state, and local agencies may
construct and operate flood protection facilities to reduce flood
risks, but flood risks will nevertheless remain for those who choose
to reside in Central Valley flood plains. Making those flood risks
more apparent will help ensure that Californians make careful choices
when deciding whether to build homes or live in Central Valley flood
plains, and if so, whether to prepare for flooding or maintain flood
insurance.

9602. Unless the context requires otherwise, the definitions set
forth in this section govern the construction of this part.
(a) "Board" means the Central Valley Flood Protection Board.
(b) "Plan" means the Central Valley Flood Protection Plan.
(c) "Project levee" means a levee that is part of the facilities
of the State Plan of Flood Control.
(d) "Public safety infrastructure" means public safety
infrastructure necessary to respond to a flood emergency, including,
but not limited to, street and highway evacuation routes, public
utilities necessary for public health and safety, including drinking
water and wastewater treatment facilities, and hospitals.
(e) "Sacramento-San Joaquin Valley" means lands in the bed or
along or near the banks of the Sacramento River or San Joaquin River,
or their tributaries or connected therewith, or upon any land
adjacent thereto, or within the overflow basins thereof, or upon land
susceptible to overflow therefrom. The Sacramento-San Joaquin Valley
does not include lands lying within the Tulare Lake basin, including
the Kings River.
(f) "State Plan of Flood Control" has the meaning set forth in
subdivision (j) of Section 5096.805 of the Public Resources Code.
(g) "System" means the Sacramento-San Joaquin River Flood
Management System described in Section 9611.
(h) "Urban area" has the same meaning as that set forth in
subdivision (k) of Section 5096.805 of the Public Resources Code.
(i) "Urban level of flood protection" means the level of
protection that is necessary to withstand flooding that has a
1-in-200 chance of occurring in any given year using criteria
consistent with, or developed by, the department.

9603. (a) The Central Valley Flood Protection Plan shall be a
descriptive document, and neither the plan nor anything in this part
shall be construed to expand the liability of the state for the
operation or maintenance of any flood management facility beyond the
scope of the State Plan of Flood Control, except as specifically
determined by the board pursuant to Section 9611. Neither the
development nor the adoption of the Central Valley Flood Protection
Plan shall be construed to constitute any commitment by the state to
provide, to continue to provide, or to maintain at, or to increase
flood protection to, any particular level.
(b) The Central Valley Flood Protection Plan reflects a systemwide
approach to protecting the lands currently protected from flooding
by existing facilities of the State Plan of Flood Control. Any flood
protection benefits accruing to lands or communities outside the
State Plan of Flood Control are incidental and shall not constitute
any commitment by the state to provide, to continue to provide, or to
maintain at, or to increase flood protection to, any particular
level.