SECTIONS 9610-9616 - California Statutes

WATER CODE

SECTION 9610-9616

9610. (a) (1) By July 1, 2008, the department shall develop
preliminary maps for the 100- and 200-year flood plains protected by
project levees. The 100-year flood plain maps shall be prepared using
criteria developed or accepted by the Federal Emergency Management
Agency (FEMA).
(2) The department shall use available information from the 2002
Sacramento-San Joaquin River Basin Comprehensive Study, preliminary
and regulatory FEMA flood insurance rate maps, recent flood plain
studies, and other sources to compile preliminary maps.
(3) The department shall provide the preliminary maps to cities
and counties within the Sacramento-San Joaquin Valley for use as best
available information relating to flood protection.
(4) The department shall post this information on the board's
Internet Web site and may periodically update the maps as necessary.
(b) By July 1, 2008, the department shall give notice to cities in
the Sacramento-San Joaquin Valley outside areas protected by project
levees regarding maps and other information as to flood risks
available from the Federal Emergency Management Agency or another
federal, state, or local agency.
(c) On or before December 31, 2010, the department shall prepare a
status report on the progress and development of the Central Valley
Flood Protection Plan pursuant to Section 9612. The department shall
post this information on the board's Internet Web site, and make it
available to the public.

9611. The Sacramento-San Joaquin River Flood Management System
comprises all of the following:
(a) The facilities of the State Plan of Flood Control as that plan
may be amended pursuant to this part.
(b) Any existing dam, levee, or other flood management facility
that is not part of the State Plan of Flood Control if the board
determines, upon recommendation of the department, that the facility
does one or more of the following:
(1) Provides significant systemwide benefits for managing flood
risks within the Sacramento-San Joaquin Valley.
(2) Protects urban areas within the Sacramento-San Joaquin Valley.
(c) Upon completion of the Central Valley Flood Protection Plan
pursuant to this part, the department may identify and propose to the
board additional structural and nonstructural facilities that may
become facilities of the State Plan of Flood Control, consistent with
the Central Valley Flood Protection Plan. The board may add those
facilities to the State Plan of Flood Control based on a
determination showing how the facility accomplishes the purposes
identified in subdivision (b).
(d) For the purposes of subdivision (c), facilities that may
become facilities of the State Plan of Flood Control include
bypasses, floodway corridors, flood plain storage, or other projects
that expand the capacity of the flood protection system in the
Sacramento-San Joaquin Valley to provide flood protection.

9612. (a) The department shall prepare, and the board shall adopt,
a plan identified as the Central Valley Flood Protection Plan in
accordance with this part.
(b) No later than January 1, 2012, the department shall prepare
the Central Valley Flood Protection Plan in accordance with this
part, and shall transmit the plan to the board, which shall adopt the
plan no later than July 1, 2012.
(c) The board shall hold at least two hearings to receive comments
on the proposed plan. At least one hearing shall be held in the
Sacramento Valley and at least one hearing shall be held in the San
Joaquin Valley. The board shall also accept comments in writing with
regard to the proposed plan.
(d) The board may make changes to the proposed plan to resolve
issues raised in the hearings or to respond to comments received by
the board. The board shall publish its proposed changes to the
proposed plan at least two weeks before adopting the plan.
(e) The plan shall be updated in subsequent years ending in 2 and
7.
(f) The department or the board may appoint one or more advisory
committees to assist in the preparation of the plan. If the
department or the board appoints one or more advisory committees, the
advisory committee or committees shall include representation by
interested organizations.

9613. (a) Consistent with subdivision (b) of Section 5096.821 of
the Public Resources Code, the department may implement flood
protection improvements for urban areas protected by facilities of
the State Plan of Flood Control before the adoption of Central Valley
Flood Protection Plan if the director determines, in writing, that
all of the following apply:
(1) The improvements are necessary and require state funding
before the completion of the Central Valley Flood Protection Plan
prepared pursuant to Section 9612.
(2) The improvements will reduce or avoid risk to human life in
one or more urban areas.
(3) The improvements will not impair or impede future changes to
regional flood protection or the Central Valley Flood Protection
Plan.
(4) The improvements will be maintained by a local agency that has
committed sufficient funding to maintain both the existing and
improved facilities of the State Plan of Flood Control.
(5) The affected cities, counties, and other public agencies will
have sufficient revenue resources for the operation and maintenance
of the facility.
(6) Upon the allocation of funds for a project, the proposed
project is ready for implementation.
(7) The improvements comply with existing law.
(b) The flood protection improvements authorized by this section
may include improvements to specific facilities of the State Plan of
Flood Control or acquisition of flood easements for floodways that
support facilities of the State Plan of Flood Control to increase
levels of flood protection for urban areas in accordance with
subdivision (b) of Section 5096.821 of the Public Resources Code.
(c) The department and the board shall investigate and evaluate
the feasibility of potential bypasses or floodways that would
significantly reduce flood stage in the San Joaquin River Watershed,
upstream and south of Paradise Cut.

9614. The plan shall include all of the following:
(a) A description of the Sacramento-San Joaquin River Flood
Management System and the cities and counties included in the system.
(b) A description of the performance of the system and the
challenges to modifying the system to provide appropriate levels of
flood protection using available information.
(c) A description of the facilities included in the State Plan of
Flood Control, including all of the following:
(1) The precise location and a brief description of each facility,
a description of the population and property protected by the
facility, the system benefits provided by the facility, if any, and a
brief history of the facility, including the year of construction,
major improvements to the facility, and any failures of the facility.
(2) The design capacity of each facility.
(3) A description and evaluation of the performance of each
facility, including the following:
(A) An evaluation of failure risks due to each of the following:
(i) Overtopping.
(ii) Under seepage and seepage.
(iii) Structural failure.
(iv) Other sources of risk, including seismic risks, that the
department or the board determines are applicable.
(B) A description of any uncertainties regarding performance
capability, including uncertainties arising from the need for
additional engineering evaluations or uncertainties arising from
changed conditions such as changes in estimated channel capacities.
(d) A description of each existing dam that is not part of the
State Plan of Flood Control that provides either significant
systemwide benefits for managing flood risks within the
Sacramento-San Joaquin Valley or protects urban areas within the
Sacramento-San Joaquin Valley.
(e) A description of each existing levee and other flood
management facility not described in subdivision (d) that is not part
of the State Plan of Flood Control and that provides either
significant systemwide benefits for managing flood risks within the
Sacramento-San Joaquin Valley or protects an urban area.
(f) A description of the probable impacts of projected climate
change, projected land use patterns, and other potential flood
management challenges on the ability of the system to provide
adequate levels of flood protection.
(g) An evaluation of the structural improvements and repairs
necessary to bring each of the facilities of the State Plan of Flood
Control to within its design standard. The evaluation shall include a
prioritized list of recommended actions necessary to bring each
facility not identified in subdivision (h) to within its design
standard.
(h) The evaluation shall include a list of facilities recommended
to be removed from the State Plan of Flood Control. For each facility
recommended for removal, the evaluation shall identify both of the
following:
(1) The reasons for proposing the removal of the facility from the
State Plan of Flood Control.
(2) Any additional recommended actions associated with removing
the facility from the State Plan of Flood Control.
(i) A description of both structural and nonstructural methods for
providing an urban level of flood protection to current urban areas.
The description shall also include a list of recommended next steps
to improve urban flood protection.
(j) A description of structural and nonstructural means for
enabling or improving systemwide riverine ecosystem function,
including, but not limited to, establishment of riparian habitat and
seasonal inundation of available flood plains where feasible.

9615. For the purposes of preparing the plan, the department shall
collaborate with the United States Army Corps of Engineers and the
owners and operators of flood management facilities.

9616. (a) The plan shall include a description of both structural
and nonstructural means for improving the performance and elimination
of deficiencies of levees, weirs, bypasses, and facilities,
including facilities of the State Plan of Flood Control, and,
wherever feasible, meet multiple objectives, including each of the
following:
(1) Reduce the risk to human life, health, and safety from
flooding, including protection of public safety infrastructure.
(2) Expand the capacity of the flood protection system in the
Sacramento-San Joaquin Valley to either reduce floodflows or convey
floodwaters away from urban areas.
(3) Link the flood protection system with the water supply system.
(4) Reduce flood risks in currently nonurbanized areas.
(5) Increase the engagement of local agencies willing to
participate in improving flood protection, ensuring a better
connection between state flood protection decisions and local land
use decisions.
(6) Improve flood protection for urban areas to the urban level of
flood protection.
(7) Promote natural dynamic hydrologic and geomorphic processes.
(8) Reduce damage from flooding.
(9) Increase and improve the quantity, diversity, and connectivity
of riparian, wetland, flood plain, and shaded riverine aquatic
habitats, including the agricultural and ecological values of these
lands.
(10) Minimize the flood management system operation and
maintenance requirements.
(11) Promote the recovery and stability of native species
populations and overall biotic community diversity.
(12) Identify opportunities and incentives for expanding or
increasing use of floodway corridors.
(13) Provide a feasible, comprehensive, and long-term financing
plan for implementing the plan.
(14) Identify opportunities for reservoir reoperation in
conjunction with groundwater flood storage.
(b) The plan shall include a prioritized list of recommended
actions to reduce flood risks and meet the objectives described in
subdivision (a).