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Full text of "California Code of Regulations, (Vol. 32), Title 23, Waters"

Barclays Official 

California 

Code of 
Regulations 



Title 23. Waters 

Complete Title 



Vol. 32 



THOIVISOIM 

^ 

\A/EST 



Barclays Official California Code of Regulations 

425 Market Street • Fourth Floor • San Francisco, CA 94105 
800-888-3600 



Barclays Official California Code Of Regulations 

revised edition 

This edition of Barclays Official California Code of Regulations, revised on April 1, 1990, has been 
published under the direction of the California Office of Administrative Law which is solely respon- 
sible for its contents. Comments or questions regarding regulations published in this edition should 
be addressed to the State of California, Office of Administrative Law, 300 Capitol Mall, Suite 1250, 
Sacramento, CA 95814, (916) 323-6225. Errors reported will be promptly corrected in subsequent 
supplements. 

OFFICIAL PUBLICATION 

Courts are required to take judicial notice of contents of regulations published in the Official Califor- 
nia Code of Regulations (Gov. Code, § 11344.6). Barclays Official California Code of Regulations, 
as revised April 1 , 1990, has been certified by the Office of Administrative Law as the official pubh- 
cation of the State of California for this purpose pursuant to title 1, California Code of Regulations, 
section 190. 

CODE SUPPLEMENTS 

Amendments to the official Code are certified weekly by the Office of Administrative Law for publi- 
cation by Barclays. These amendments, when certified and published, become part of the Official 
California Code ofRegulations, beginning with Register 90, No. 14, dated April 7, 1990, and include 
all regulations filed with the Secretary of State on or after April 1, 1990. Amendment subscriptions 
to the entire revised Code, or to parts of it, are available from the publisher. For a descriptive bro- 
chure and order form, write Barclays Official California Code of Regulations, RO. Box 2008, San 
Francisco, CA 94126 or telephone 800-888-3600. 

CODE CITATION 

Cite all materials in the Official California Code ofRegulations by title number and section number. 
Example: Title 3, California Code ofRegulations, section 432 (Short form: Cal. Code Regs., tit. 3, 

§ 432). 

COPYRIGHT NOTICE 

© 2008, State of California. 

This material may not be conamercially reproduced or sold in print or electronic forms without 

written permission of ThomsonAVest. 



• 



TITLE 23. WATERS 



NOMENCLATURE CROSS-REFERENCE 



(NOTE: Effective April 1 , 1 990, the Office of Administrative Law authorized the renaming of the 
hierarchical headings used within the Titles of the California Code of Regulations. Until the agen- 
cies implement these changes in their regulations, use the following Cross-Reference Table for 
the new organizational headings used in this Title.) 



OLD HIERARCHY REVISED HIERARCHY 

Chapter Division 

Subchapter Chapter 

Article Article 

Subarticle Subarticle 

Section Section 



Title 23 



Waters 



Title Table of Contents 



Title 23. Waters 



Table of Contents 



Division 1. 


Chapter 1 . 


Article 1. 


Article 2. 


Article 3. 


Article 4. 


Article 4. 1 


Article 5. 


Article 6. 


Article 7. 


Article 8. 


Article 9. 



Division 1.5. 

Article 1. 
Article 2. 

Article 3. 
Article 4. 

Article 5. 

Division 2. 

Chapter 1 . 
Article 1. 
Article 2. 



Page 

Reclamation Board 1 

Organization, Powers and 

Standards l 

Authority, Purpose, Scope, 

and Intent l 

Definitions and Delegations i 

Application Procedures 3 

Enforcement Proceedings 4.2 

Reconsideration 4.3 

Designated Floodways 4.3 

Existing Encroachments 

Within an Adopted Plan of 

Flood Control 4.4 

Review Rights 4.4 

Standards 4.4 

Regulations for 

Implementation of the 

California Environmental 

Quality Act 4.45 

Flood Plain Management 

(Department of Water Resources 

and Reclamation Board) 5 

General Provisions 5 

Notification of Need for 

Regulations 5 

Types of Regulations 6 

Review of Proposed 

Regulations 6 

Studies to Support 

Regulations 7 

Department of Water Resources 9 

Dams and Reservoirs 9 

General Provisions 9 

Applications for 

Construction, Enlargement, 

Repair, Alteration, or 

Removal of Dams or 

Reservoirs 9 



Page 

Article 3. Annual Fee 11 

Article 4. Small Dams Review Board 11 

Article 5. Dams Owned by the Department 

of Water Resources 12 

Chapter 1 .5. Levee and Right of Way Control 12 

Chapter 1.6. Relocation Assistance Program 12 

Article 1 . General 12 

Article 2. Relocation Payments 16 

Article 3. Acquisition Policies 23 

Chapter 1.7. Selection Process for Private 
Architectural, Landscape 
Architectural, Engineering, 
Environmental, Land Surveying, 
and Construction Project 
Management Firms 23 

Article 1 . General Provisions 23 

Article 2. Specific Provisions 24 

Chapter 1.8. Residential Water Conservation 

Tax Credit 26 

Chapter 1 .9. Minority and Women Business 
Enterprise Program for 
Department State Contract Act 
Contracts 26 

Chapter 2. Financial Assistance for Local 

Projects 26 

Article 1 . General Provisions 26 

Article 2. Request for Preliminary 
Determination of 
Eligibility for a Project 
Construction Loan or Grant 26.1 

Article 3. Application for a Project 

Construction Loan or Grant 

or Facilities Grant 26.1 

Article 4. Applications for State 

Participation 27 

Article 5. Procedure Following Approval 
of a Project Construction 
Loan or Grant, or 
Facilities Grant, or State 
Participation 28 



Page i 



(7 11 20081 



Title Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



Article 6. 

Article 8. 
Article 9. 

Chapter 2.2. 
Article 1. 
Article 2. 
Article 3. 

Chapter 2.3. 



Chapter 2.4. 
Chapter 2.5. 

Chapter 2.5.1. 

Chapter 2.6. 
Chapter 2.7. 

Chapter 2.7.1. 
Chapter 2.5.2. 



Chapter 3. 

Article 5. 
Article 6. 

Article 7. 
Article 8. 



Application for Loan for 
Preparation of Feasibility 
Report 

Grant Standards 



Page 



28 



Application for Drought 

Emergency Loans 28 

Environmental Water Act of 1989 28 

General Provisions 28 

Specific Program Provisions 28.1 

Evaluation Process 28.3 



Loan Programs Under the Water 
Conservation and Water Quality 
Bond Law of 1986, and the Water 
Conservation Bond Law of 1988 
and Loan and Grant Programs for 
Local Projects Under the Safe, 
Clean, Reliable Water Supply 
Act 



Grant Program Under the Urban 
Creeks Restoration and Flood 
Control Act of 1985 



28.3 



30.1 



California Safe Drinking Water 
Bond Law of 1976 and California 
Safe Drinking Water Grant 
Program 



30.4 



California Safe Drinking Water 

Bond Law of 1984 34 

Weather Resources Management 37 

Model Water Efficient Landscape 
Ordinance 37 

Flood Protection Corridor 

Program of the Costa-Machado 

Water Act of 2000 38.14 



Yuba Feather Flood Protection 
Program of the Safe Drinking 
Water, Clean Water, Watershed 
Protection, and Flood 
Protection Act 



38.18 



Regulations for Implementation 
of the California Environmental 
Quality Act of 1970 38.24 

General Responsibilities 39 

Nonapplicability of CEQA or 

Exemptions from Initial 

Study and EIR Preparation 39 

Initial Study 39 

Lead Agency 39 



Page 

Article 9. Environmental Impact Reports 

(EIRs) 39 

Article 10. EIR Preparation and 

Processing 39 

Article 1 1 . Review Procedures for EIRs 

and Negative Declarations 39 

Article 1 2. Appendix 39 

Chapter 4. Revenue Requirement and Just and 

Reasonable Determination 39 

Chapter 5. Department of Water Resources — 

Conflict of Interest Code 40.2 



State Water Resources Control 
Board and Regional Water 
Quality Control Boards 



Division 3. 1 

1 


( 

Chapter 1. 


Article 1. 


Article 2. 


Article 3. 


Article 4. 


Article 5. 


Article 6. 


Chapter 1.5. 


Article 1. 


Article 2. 


Article 3. 


Article 4. 


Chapter 2. 


Article 1. 


Article 2. 


Subarticle 1. 


Subarticle 2. 


Article 3. 



41 



Article 4. 

Article 5. 
Article 6. 

Article 7. 
Article 8. 



General Provisions 41 

Definitions 41 

Purpose, Use and Effect of 

Regulations 41 

Official Records 41 

Meeting Notice and Agenda 
Requirements 41 

Conflict of Interest 41 

State Water Resources 

Control Board — Conflict of 

Interest Code 42 

Rules of Practice and Procedure 42 

Meetings 42 

Adjudicative Proceedings 43 

Rulemaking and Informational 
Proceedings 46 

Subpoenas 46 

Appropriation of Water 47 

General Provisions 47 

Definitions 47 

General 47 

Beneficial Uses 48 

How Applications Are 

Processed 50 

Requirements for Separate 

Applications and Joint 

Applications 51 

Amounts for Which to Apply 52 

Contents of Application and 

Instream Beneficial Use 

Assessment 54 

Map Requirements 56 

Special Situation 

Applications 58 



Page ii 



(7-11-2008) 



Title 23 



Waters 

Page 

Protests and Answers 61 Article 2. 

Investigations 62 

Hearings and Proceedings in 

Lieu of Hearing 62 Chapter 4. 

Reconsideration and 

Amendments of Board Water Article 1 . 

Right Decision and Orders 64 

Right of Access 65 Article 2. 

Standard Permit Terms and Article 3. 

Conditions 66 

Changes in Point of Chapter 4.5. 

Diversion, Place of Use, or 

Purpose of Use 67 ^, 

^ Chapter 5. 

Temporary Changes Due to 

Transfer or Exchange of Chapter o. 

Water or Water Rights 69 

Temporary Urgency Changes 70 

Changes Involving a Long- Chapter 7. 

term Transfer of Water or Chapter 8. 

Water Right 70 

Chapter 9. 
Enforcement of Terms and 

Conditions 71 

Article 1. 
Changes of Ownership and of 

Artirlf 9 

Address-Notices 71 Anicie z. 

Diligence Required — 

Extensions of Time 72 

Revocation of Permits and Article 3. 

Licenses 73 

Prevention of Waste and 

Unreasonable Use 74 Article 5. 

Stream Systems Declared to 

Be Fully Appropriated 74 

Article 6. 
Water Rights for Stockponds 76 

Definitions 76 

Chapter 9.1. 

Claims of Water Rights and 

A ^■ ,■ f Article 1. 

Applications tor 

Certification 76 Chapter 9.2. 

Fees 77 

Notice of Claims and Article 2. 

Protests 77 chapterlO. 

Investigation, Hearing, and 

Certification of Claims 77 Article 1 

Continued Use of the Article 2. 

Stockpond and Revocation of 

the Certification 77 * _.• , -> 

Article 3. 

Determination of Right to the 

Us^^fWater 78 chapter 11. 

Definitions 78 



Title Table of Contents 

Page 

Adjudications Under Water 

Code Sections 2500 Through 

2900 78 

Recordation of Water Extractions 

and Diversions 78.2 

Notices of Water Extractions 

and Diversions 78.2 

Fees 78.2 

Investigation and 

Determination of Facts 78.3 

Procedures for Protecting 

Instream Beneficial Uses 78.3 

Fees 78.3 

Review by State Board of Action 

or Failure to Act by Regional 

Board 78.8 

Clean Water Grant Program 81 

Other Federal Grant Programs 81 

Waste Discharge Reports and 
Requirements 81 

Fees 81 

Waste Discharge Requirements 

for Discharges Other Than 

from Point Sources to 

Navigable Waters 84.2 

Waste Discharges from Point 

Sources to Navigable 

Waters 83 

Waste Discharges from Point 

Sources to Navigable 

Waters 85 

Bay Protection Toxic Cleanup 

Program 85 

Enforcement Procedures 86 

Cease and Desist Orders 86 

Reportable Quantities and 

Reporting Requirements 86. l 

Reporting Requirements 87 

Licensing and Regulation of Use 

of Oil Spill Cleanup Agents 87 

General Provisions 87 

Licensing of Oil Spill 

Cleanup Agents 87 

Use of Oil Spill Cleanup 

Agents 88 

Certification of Conformance 

with Water Quality Standards 88 



Article 9. 


Article 10. 


Article 1 1 . 


Article 12. 


Article 13. 


Article 14. 


Article 15. 


Article 16. 


Article 16.5 


Article 17. 


Article 18. 


Article 19. 


Article 20. 


Article 21. 


Article 22. 


Article 23. 


Chapter 2.5. 


Article 1. 


Article 2. 


Article 3. 


Article 4. 


Article 5. 


Article 6. 



Chapter 3. 
Article 1. 



Page iii 



Title Table of Contents BARCLAYS CALIFORNIA 

Page 

Chapter 12. Certification Under Section 169 
of the Internal Revenue Code of 
1954, As Amended 88 

Chapter 13. Registration and Regulation of 

Liquid Waste Haulers 88 

Chapter 14. Classification of Wastewater 
Treatment Plants and Operator 
Certification 88 

Chapter 15. Discharges of Hazardous Waste to 

Land 88 

Article 1 . General 88 

Article 2. Waste Classification and 

Management 90 

Article 3. Waste Management Unit 

Classification and Siting 91 

Article 4. Construction Standards for 

Class I Units 92 

Article 5. Water Quality Monitoring and 
Response Programs for Waste 
Management Units 96 

Article 6. Confined Animal Facilities 108 

Article 7. Mining Waste Management 109 

Article 8. Closure and Post-Closure 

Maintenance 109 

Article 9. Compliance Procedures 109 

Article 10. Definitions 114 

Chapter 16. Underground Tank Regulations 120 

Article 1 . Definition of Terms 120 

Article 2. General Provisions 123 

Article 3. New Underground Storage Tank 
Design, Construction, and 
Monitoring Requirements 124 

Article 4. Existing Underground Storage 
Tank Monitoring 
Requirements 132 

Article 5. Release Reporting and 
Initial Abatement 
Requirements 145 

Article 6. Underground Storage Tank 
Repair and Upgrade 
Requirements 147 

Article 7. Underground Storage Tank 

Closure Requirements 150 

Article 8. Site-Specific Variance 

Procedures 152 

Article 9. Local Agency Requests for 
Additional Design and 
Construction Standards 152.1 



CODE OF REGULATIONS Title 23 

Page 

Article 10. Permit Application, 

Quarterly Report and Trade 

Secret Request 

Requirements 152.1 

Article 10.5. Red Tag Authority 152.12 

Article 11. Corrective Action 

Requirements 152.13 

Article 12. Electronic Submission of 
Laboratory Data for UST 
Reports 152.16 

Chapter 17. Underground Tank Tester 

Regulations 152.16 

Article 1 . General Provisions 152.16 

Article 2. Administration 152.17 

Article 3. Application of Regulations 153 

Article 4. Licensing 153 

Article 5. Conduct of Business and 

Prohibited Acts 154 

Article 6. Appeals Regarding 

Disciplinary Action 155 

Article 7. Revenue 156 

Chapter 18. Petroleum Underground Storage 

Tank Cleanup Fund Regulations 157 

Article 1. General Provisions 157 

Article 2. Definition of Terms 157 

Article 3. Financial Responsibility 

Requirements 158.1 

Article 4. The Fund 158.4 

Article 5. Request for Review, Appeal, 

and Petition Process 158.12(a) 

Article 6. Petitions for Site Closure 158.12(b) 

Article 7. Orphan Site Cleanup 

Account 158.12(c) 

Chapter 19. Certification Under the 

California Pollution Control 

Financing Authority Act 158.12(1) 

Chapter 20. Standards for the Removal of 

Sewage from Vessels I58.l2(j) 

Article 1. General I58.l2(j) 

Article 2. Design and Construction 158.120) 

Article 3. Operation and Maintenance I58.l2(k) 

Chapter 20. 1 . Designation of Marine Terminals 
to Provide Adequate Sewage 
Retention Device Pumpout 
Facilities I58.l2(k) 

Article 1. General Provisions I58.l2(k) 

Article 2. Administrative Procedures I58.l2(k) 



Page iv 



(7-11-2008) 



Title 23 



Waters 

Page 

Certification for Small Business Article 6. 

Concerns Applying for Small Article 7 

Business Act Loans to Meet 

Water Pollution Control 

Requirements 158.13 . . , r, 

^ Article 8. 

State Policy for Water Quality Article 9. 

Control 158.13 . . , ,^ 

Article 10. 

Water Quality Control Plans 158.16(b) 

Grant and Loan Programs 158.16(c) Chapter 27. 

Pesticide Research, 

Identification of Source, 

and Mitigation Grant Article 1 . 

Program 158.16(c) Article 2. 

Replacing, Removing, or Article 3. 

Upgrading Petroleum 

Underground Storage Tanks 

Grant and Loan Program 158.16(d) 

Clean Water Grant Program 158.16(g) 

Article 4. 
General Provisions 158.16(g) 

Article 5. 
Definitions 158.16(g) 

State Project Priority Article 6 

System 158.16(h) 

„ A ,• • Chapter 28. 

Grant Applications 158.17 

^ . , ^ . . . Article 1 . 

Requirements and Limitations 

of Treatment Works 158.17 Article 2. 

Grants Contracts and Article 3. 

Modifications, Payments, 

and Grantee Article 4. 

Responsibihties 158.17 Article 5 

Review of Action by the 

Division 158.18 Article 6. 

Waivers 158.18 ^. ^ ^^ 

Chapter 29. 

Eligible State-Assisted 

Projects 158.18 

Classification of Wastewater 
Treatment Plants and Operator 
Certification 158.18 

General Provisions 158.18 Chapter 30. 

Classification of Wastewater 

Treatment Plants and Agency Article 1 . 

Reporting Requirements 158.20 Article 2. 

Grades of Operator 

Certification for the r^- ■ - j, 

„ . r..r , , Division 4. 

Operation oi Wastewater 

Treatment Plants 158.20 

Minimum Qualifications 158.20 Chapter 1. 

Examination and 

Certification of Wastewater Article 1 . 

Treatment Plant Operators 158.22 Article 2. 



Title Table of Contents 
Page 

Operators-in-Training 158.25 

Prohibited Acts, 

Disciplinary Action, and 

Appeal Process 158.26 

Fees 158.27 

Advisory Committee 158.27 

Wastewater Treatment Plant 

Contract Operators 158.28 

Regulations for Implementation 

of the Environmental Quality 

Act of 1970 158.29 

General 158.29 

Exemptions 158.30 

Applications for Waste 
Discharge, Water 
Reclamation Requirements, 
or Other Entitlements for 

Use 158.30 

Applications for Funding 158.31 

Processing of Environmental 
Documents 158.33 

Exempt Regulatory Programs 158.33 

Certifications 1 58.36 

General Provisions 158.36 

Tax Certifications 158.39 

Small Business 

Certifications 158.39 

Water Quality Certification 158.40 

Pollution Control 

Certifications 158.42 

Petitions to State Board 158.42 

Contracting with Private 

Architectural, Landscape 

Architectural, Engineering, 

Environmental, Land Surveying, 

or Construction Project 

Management Firms 158.43 

Electronic Submittal of 

Information 158.46 

General Provisions 158.46 

Electronic Submittal of 

Information 158.46 

Regional Water Quality Control 
Boards 159 

Water Quality Control Plans, 

Policies, and Guidelines 159 

North Coast Region 1 59 

San Francisco Bay Region 161 



Chapter 21. 



Chapter 22. 

Chapter 23. 

Chapter 24. 
Article 1. 



Article 2. 



Chapter 25. 
Article 1. 
Article 2. 
Article 3. 

Article 4. 
Article 5. 

Article 6. 



Article 7. 

Article 8. 
Article 9. 

Chapter 26. 

Article 1. 
Article 2. 

Article 3. 



Article 4. 
Article 5. 



Page V 



Title Table of Contents BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23 

Page Page 

Article 3. Central Coast Resion 162.2(b) Article 9. San Diego Region 165 



Article 4. Los Angeles Region 162.2(b)(3) 



Division 5. Prevention of Waste, 



Articles. Central Valley Region 1624 Unreasonable Use or Diversion 

of Water (State Water Resources 



Article 6. Lahontan Region 162.6(d) 



Control Board and Department of 



Article 7. Colorado River Basin Region 162.10 Water Resources) 179 

Article 8. Santa Ana Region 162. ii Chapter 1 . Procedures 179 



Page vi (7-11-2008) 



JL 



Barclays Official 

California 

Code of 
Regulations 



Title 23. Waters 

Division 1. Reclamation Board 



Vol. 32 



XMOIVISOIM 

^ ^ 

M\fBST 



Barclays Official California Code of Regulations 

425 Market Street • Fourth Floor • San Francisco, CA 94105 
800-888-3600 



Title 23 



Reclamation Board 



Table of Contents 



Division 1. Reclamation Board 



Table of Contents 



Page 



Page 



Chapter 



Article 1. 



Organization, Powers and 
Standards 



Article 8. 



Authority, Purpose, Scope, 
and Intent 



§1. 


Authority. 




§2. 


Purpose, Scope. 




§3. 


Intent. 




Article 2. 


Definitions and Delegations 


... 1 


§4. 


Definitions. 




§3. 


Delegations. 




Article 3. 


Application Procedures 


...3 


§6. 


Need for a Permit. 




§7. 


Endorsement by Local Maintaining 
Agency 




§8. 


Applications. 




§9. 


Acknowledgement of Receipt, 
Completeness of Applications, and 
Notice to Contiguous Landowners. 




§ 10. 


Environmental Review. 




§11. 


Variances. 




§12. 


Protests. 




§13. 


Hearings. 




§14. 


Board Decision. 




§15. 


Bases for Denial of Applications. 




§16. 


Permit Conditions. 




§17. 


Emergencies. 




§18. 


Revisions in Plans. 




§19. 


District Lands. 




Article 4. 


Enforcement Proceedings 


. 4.2 


§20. 


Initiation. 




§21. 


Hearing. 




§ 22. 


Board Decision. 




Article 4.1. 


Reconsideration 


. 4.3 


§23. 


Reconsideration. 




Article 5. 


Designated Floodways 


. 4.3 


§101. 


Responsibility of the Board. 




§102. 


Considerations in Designating 
Floodways. 




§103. 


Notices and Hearings. 




§104. 


Recording. 




§ 105. 


Availability of Maps. 




§106. 


Floodway Modifications. 




§ 107. 


Permitted Uses in Designated 
Floodways. 




Article 6. 


Existing Encroachments 
Within an Adopted Plan of 






Flood Control 


. 4.4 


§ 108. 


Existing Encroachments. 




Article 7. 


Review Rights 


. 4.4 


§109. 


Right of Review of Delegated 
Authority. 





110. 

§ 111 

§ 112 

§ 113 

§114 

§ 115 
§ 116 

§ 117 

§ 118 



§ 119. 
§ 120. 
§ 121. 
§ 122. 

§123. 

§ 124. 
§ 125. 
§126. 
§127. 
§ 128. 
§129. 
§ 130. 
§131. 
§132. 
§ 133. 



§ 134. 



Review Procedures. 



Standards 



4.4 



Introduction to Standards. 

Streams Regulated and 

Nonpermissible Work Periods. 

Dwelling and Structures Within an 

Adopted Plan of Hood Control. 

Mobile Home Parks and 

Recreational Vehicle Parks. 

Dredged, Spoil, and Waste Material. 

Borrow and Excavation 

Activities — Land and Channel. 

Supplemental Borrow Standards for 

the Yuba River. 

Supplemental Borrow Standards for 

the Lower San Joaquin River Flood 

Control Project. 

Dams and Related Structures. 

Levees. 

Erosion Control. 

Irrigation and Drainage Ditches, 

Tile Drains, and Septic Systems. 

Pipelines, Conduits, and Utility 

Lines. 

Abandoned Pipelines and Conduits. 

Retaining Walls. 

Fences and Gates. 

Boating Facilities. 

Bridges. 

Water, Oil, and Gas Wells. 

Patrol Roads and Access Ramps. 

Vegetation. 

Bicycle Trails. 

Supplemental Standards for Control 

of Residential Encroachments in 

Reclamation District 1000. 

Supplemental Standards for the 

Yuba River — Daguerre Point Dam 

to Confluence with the Feather 

River. 



§ 135. 


Supplemental Standards for Butte 
Basin. 


§136. 

§ 137. 


Supplemental Standards for Yolo 
Bypass and Sutter Bypass. 
Miscellaneous Encroachments. 


Article 9. 


Regulations for 




Implementation of the 




California Environmental 




Quality Act 


§ 190. 
§191. 


Purpose and Authority. 
Incorporation of California 
Environmental Quality Act 
Guidelines. 


§ 192. 


Fees for Preparation of Negative 
Declaration or EIR. 


§ 193. Categorically Exempt Activities. 
Appendix A 



4.45 



4.46 



Page 



Title 23 



Reclamation Board 



H 



TITLE 23. WATERS 



Division 1. Reclamation Board 

(Originally Printed 7-25-45) 



History 
1. New section filed 9-30-96: operative 10-30-96 (Register 96, No. 40). 



Chapter 1 . 



Organization, 
Standards 



Powers and 



Article 1. Authority, Purpose, Scope, and 
Intent 

§ 1 . Authority. 

These regulations are promulgated by the Reclamation Board pur- 
suant to Water Code sections 8571 and 8608. 

NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608 and 
8710, Water Code. 

History 
1 . Amendment of article 1 heading, new article 1 (sections 1 through 3) and section 

filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see 

Register 85, No. 26. 

§ 2. Purpose, Scope. 

(a) The purpose of these regulations is to carry out the board's duties 
pursuant to Water Code sections 8534, 8608 and 8710 - 8723. Under 
these statutes, the Board is required to enforce, within its jurisdiction, on 
behalf of the State of California, appropriate standards for the construc- 
tion, maintenance, and protection of adopted flood control plans that will 
best protect the public from floods. 

(b) The area of the board's jurisdiction includes the entire Central 
Valley, including all tributaries and distributaries of the Sacramento and 
San Joaquin Rivers and Tulare and Buena Vista basins. 

(c) This division does not apply to the construction, operation, or 
maintenance of the Central Valley Project or the State Water Resources 
Development System or any parts thereof. 

(d) This division does not apply to any activities of the United States 
or its agencies. 

NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8534, 
8536, 8608 and 8710, Water Code. 

History 
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). 

§ 3. Intent. 

The State has a primary interest in: 

(1) Adequately protecting lands subject to overflow; 

(2) Confining the waters of rivers, tributaries, bypasses, overflow 
channels, and basins within their respective boundaries; 

(3) Preserving the welfare of residents and landowners; 

(4) Maintaining and protecting and banks of the Sacramento and San 
Joaquin Rivers, their tributaries, bypasses, overflow channels, and ba- 
sins; and 

(5) Good and sufficient levees and embankments or other works of 
flood control and reclamation, to adequately protect lives and property 
from floods. 

The regulations are also intended to comply with the board's obliga- 
tions to the U.S. Army Corps of Engineers pursuant to numerous assur- 
ance agreements, Coips Operation and Maintenance Manuals, and 33 
C.F.R. section 208.10. 

NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8710, 
8532 and 8533, Water Code. 



Article 2. Definitions and Delegations 

§ 4. Definitions. 

(a) Adopted Plan of Flood Control. "Adopted Plan of Flood Control" 
means a flood control or reclamation strategy for a specific area that has 
been adopted by the board or the Legislature and includes the following: 

( 1 ) In the case of project flood channels without levees, it means the 
natural stream channel and overbank area at design flood levels (see Ar- 
ticle 5, Designated Floodways); 

(2) In the case of project channels with levees, it means the area be- 
tween and including the project levees, and includes: 

(A) Additional area outside of the project levees where encroachments 
could affect the integrity, functioning or maintenance of the works (gen- 
erally ten [10] feet landward of the levee toe); 

(B) Any flowage areas that are part of the federal or state flood control 
project; and 

(C) Areas where there are flowage easements; and 

(3) In the case of designated floodways, it means the area between the 
encroachment lines. 

(4) Where levees are involved, the "Adopted Plan of Flood Control" 
extends ten (10) feet landward from the levee toe except where an opera- 
tion and maintenance manual furnished pursuant to 33 C.F.R. 208. 10 or 
the real property rights acquired by the board specifically provide other- 
wise. 

(b) Berm. "Berm" means the strip of ground between the waterward 
levee toe and the top of the bank of the low water channel. 

(c) Board. "Board" means The Reclamation Board of The Resources 
Agency of the State of California as provided in Water Code section 
8521. 

(d) CEQA. "CEQA" means the California Environmental Quality Act, 
beginning at Public Resources Code section 21000. 

(e) Chief Engineer. "Chief engineer" means the person appointed by 
the board pursuant to Water Code section 8581 for that purpose. 

(f) Conforming Existing Encroachment. "Conforming existing en- 
croachment" means an existing facility or use that is consistent with these 
regulations. 

(g) Crest Elevation. "Crest elevation" means the elevation of the top 
of a levee, dike, or dam. 

(h) Department. "Department" means the Department of Water Re- 
sources of The Resources Agency of the State of California as provided 
in Water Code section 120. 

(i) Designated Floodway. "Designated floodway" means either: 

(1) the channel of the stream and that portion of the adjoining flood- 
plain reasonably required to provide for the passage of a design flood, as 
indicated by floodway encroachment lines on an adopted map; or 

(2) the floodway between existing levees as adopted by the board or 
the Legislature. 

(j) Design Flood. "Design flood" means the flood against which pro- 
tection is provided or may eventually be provided by means of flood pro- 
tection or control works, or that flood which the board otherwise deter- 
mines to be compatible with future developments. 

(k) Design Flood Plane. "Design flood plane" means the water surface 
elevation at design flow as determined by the Army Corps of Engineers, 
the Board, or Federal Emergency Management Agency, or other higher 
elevations based upon best available information, as determined by the 
board. 



Pagel 



Register 96, No. 40; 10-4-96 



§5 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



(/) Dwelling. "Dwelling" means an improvement of real property 
used, intended to be used, or suitable to he used for residential purposes, 
including, but not limited to, living, sleeping, cooking, or eating. 

(m) Encroachment. "Encroachment" means any obstruction or physi- 
cal intnision by constmction of works or devices, planting or removal of 
vegetation, or by whatever means for any purpose, into any of the follow- 
ing: 

( 1 ) any flood control project works; 

(2) the waterway area of the project; 

(3) the area covered by an adopted plan of flood control; or 

(4) any area outside the above limits, if the encroachment could affect 
any of the above. 

(n) Floodway. "Floodway" means the channel of a river or other water- 
course and the adjacent land areas that convey flood waters. 

(0) Floodway Encroachment Lines. "Floodway encroachment lines" 
means the exterior limits of any designated floodway. 

(p) General Manager. "General Manager" means the person appointed 
by the board pursuant to Water Code section 8581 for that purpose. 

(q) Impervious Material. "Impervious material" means soil which has 
twenty (20) percent or more of its particles passing the No. 200 sieve, a 
plasticity index of eight (8) or more, and a liquid limit of less than fifty 
percent (50%). 

(r) Levee Section. "Levee section" means the physical levee structure 
from the landward toe to the waterward toe. 

(s) Levee Toe. "Levee toe" means the point of intersection of the levee 
slope with natural ground. 

(t) Low-Flow Channel. "Low-flow channel" means the flowage with- 
in a natural channel below top of bank. 

(u) Maintenance Activities. "Maintenance activities" means any work 
required to retain or maintain the intended functions of flood control faci- 
lities and of existing encroachments. Maintenance activities include but 
are not limited to mowing, tree and brush trimming and removal, revet- 
ment restoration, rodent control, spraying, painting, coating, patching, 
burning, and similar works; but does not include any significant excava- 
tion or any excavation during flood season. Maintenance activities of 
public agencies to maintain the designated level of function of flood con- 
trol facilities within their jurisdiction are authorized and defined by Wa- 
ter Code sections 8361, 8370 and 12642. 

(v) Mobile Home. "Mobile home" means a structure transportable in 
one or more sections and includes any manufactured home, but does not 
include a recreational vehicle. 

(w) Nonconforming Existing Encroachment. "Nonconforming exist- 
ing encroachment" means an existing facility or use that is inconsistent 
with these regulations. 

(x) Nonproject Works. "Nonproject works" means the entirety or any 
component of a flood control project within the board's jurisdiction that 
is neither project works nor designated floodways. 

(y) Obstruction. "Obstruction" means any natural or artificial struc- 
ture or matter which: 

(1) may impede, retard, or change the direction of the flow of water, 
either in itself or by catching or collecting debris carried by the water; or 

(2) that is placed where the flow of water could carry it downstream 
to the damage or detriment of either life or property. 

(z) Parties. "Parties" means permit applicants, the board, protestants, 
and interested public agencies. 

(aa) Permit. "Permit" means the approval issued by the board that ap- 
proves a plan of work, with or without conditions, that results in an en- 
croachment. 

(bb) Permitted Uses. "Permitted uses" means flood control project 
works or other structures, improvements, and land uses in the floodway 
that alone or cumulatively, in the judgment of the board, will not unduly 
impede the free flow of water in a stream or jeopardize public safety. 

(cc) Project Works. "Project works" means the entirety or any compo- 
nent of a flood control project within the area of the board's jurisdiction 



that has been approved or adopted by the board or the Legislature, includ- 
ing state or federally constructed levees, bank protection, weirs, pumping 
plants, and any other related flood control works, or rights-of-way. 

(dd) Projected Levee Section. "Projected levee section" means the 
projection of the levee slope below natural ground at two (2) feet horizon- 
tal to one (1) foot vertical (2:1 ) landside and three (3) feet horizontal to 
one (1) foot vertical (3:1) waterside. 

(ee) Recreational Vehicle. "Recreational vehicle" means any travel 
trailer, camp car, motor home, tent trailer, or other similar vehicle, with 
or without power, which is designed or used for human habitation and 
which may be moved upon a public highway, but does not include a mo- 
bile home. 

(ff) Respondent. "Respondent" means the person named in an en- 
forcement proceeding notice served and filed pursuant to Sections 20. 2 1 . 
and 22 of this title. 

(gg) Revetment. "Revetment" means a layer or layers of material, such 
as stone or concrete, to prevent soil erosion. 

(hh) River Mile. "River mile" means the mile along the river channel 
indicated on a quandrangle map published by the United States Geologi- 
cal Survey or as otherwise indicated on a map adopted by the board. 

(ii) Stream. "Stream" means natural or regulated water flowing in any 
natural or artificial channel. Streams may be perennial, flowing continu- 
ously; intermittent or seasonal, flowing only at certain times of the year; 
or ephemeral, flowing only in direct response to precipitation. 

(jj) Top of Bank. "Top of bank" means the point of intersection of the 
berm with the bank. 

(kk) Toe of Bank. "Toe of bank" means the point of intersection of the 
bank with the bottom of the channel of a waterway. 
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8361, 
8370, 852 L 8581, 8608, 8630 and 8710, Water Code. 

History 

1 . Amendment of article 2 heading, new article 2 (sections 4 through 5) and renum- 
bering and amendment of old section 46 to new section 4 filed 9-30-96; opera- 
tive 10-30-96 (Register 96, No. 40). For prior history, see Register 85, No. 26. 

§ 5. Delegations. 

(a) For the purposes of this division, all duties of the board, including 
the review and approval of all encroachment permit applications, are 
hereby delegated to the General Manager, with the exception of the fol- 
lowing: 

(1) Applications for which written protests have been filed; 

(2) Applications which require a variance from the board's standards; 

(3) Controversial applications, based on substantial public concern; 

(4) Applications involving significant policy considerations; 

(5) Applications requiring the preparation of an environmental impact 
report by the board. 

(6) Applications involving residential developments, as defined in 
Section 113. 

(7) Applications for surface mining except extensions of time for ex- 
isting operations. 

(8) Applications for bicycle trails on levees. 

(b) The General Manager shall have authority to approve notices of ex- 
emption, initial smdies and negative declarations, notices of preparation, 
requests for shortened review, draft environmental impact reports, and 
notices of determination prepared pursuant to CEQA. The General Man- 
ager may conduct public hearings on any matter identified in this subsec- 
tion. The board may, by resolution, delegate other duties and responsibi- 
lities to the General Manager, the Director of the department, or others. 

(c) The General Manager, by written order, may redelegate these au- 
thorities to the Chief Engineer, Board Counsel, or the Department Pro- 
gram Manager for Flood Control Activities under Reclamation Board au- 
thority. 

NOTE: Authority cited: Section 8571. Water Code. Reference: Sections 8581 and 
8710, Water Code. 

History 
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). 



Page 2 



Register 96, No. 40; 10-4-96 



Title 23 



Reclamation Board 



§10 



Article 3. Application Procedures 

§ 6. Need for a Permit. 

(a) Every proposal or plan of work, including the placement, construc- 
tion, reconstruction, removal, or abandonment of any landscaping, cul- 
vert, bridge, conduit, fence, projection, fill, embankment, building, 
staicture, obstruction, encroachment or works of any kind, and including 
the planting, excavation, or removal of vegetation, and any repair or 
maintenance that involves cutting into the levee, wholly or in part within 
any area for which there is an adopted plan of flood control, must be ap- 
proved by the board prior to commencement of work. 

(b) Permits may be required by the board for existing structures that 
predate permitting or where it is necessary to establish the conditions nor- 
mally imposed by permitting. The circumstances include those where re- 
sponsibility for the encroachment has not been clearly established or 
ownership and use have been revised. 

(c) Every proposal or plan of work described in subdivision (a), but lo- 
cated outside an area over which there is an adopted plan of flood control, 
must be submitted to the board for approval prior to commencement of 
work if it is foreseeable that the plan of work could be injurious to or inter- 
fere with the successful execution, functioning, or operation of any facili- 
ties of an adopted plan of flood control or of a plan under study. If in the 
judgement of the General Manager, the plan of work is determined to be 
injurious to or interfere with an adopted plan of flood control or of a plan 
under study, the plan of work would be subject to requirements of this 
division. 

(d) Permits are not required for maintenance activities as defined in ar- 
ticle 2, section 4 of this title. 

(e) The General Manager may waive the requirement for a permit for 
minor alterations within an adopted plan of flood control that would not 
be injurious to the adopted plan of flood control. 

NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608 and 
8710, Water Code. 

History 

1 . New article 3 (sections 6 through 19) and section, with renumbering and amend- 
ment of old section 95 to new section 6(c) filed 9-30-96; operative 10-30-96 
(Register 96, No. 40). For prior history, see Register 85, No. 26. 

§ 7. Endorsement by Local Maintaining Agency 

(a) Prior to submitting an encroachment permit application to the 
board, the application must be endorsed by the agency responsible for 
maintenance of levees within the area of the proposed work, such as a rec- 
lamation district, drainage district, flood control district, levee district, 
county, or city. Endorsement or denial of the application by the maintain- 
ing agency does not preclude the board from either approving or denying 
the application. If endorsement by the maintaining agency is declined or 
is unreasonably delayed, the application may be submitted to the board 
for consideration, along with a satisfactory explanation for lack of an en- 
dorsement. 

(b) For the purpose of this section "endorsement" means conceptual 
plan approval, which may include recommended permit conditions of the 
local maintaining agency. 

(c) Applicants shall be advised by the board that permission for an en- 
croachment may also be required from the local maintaining agency. 

(d) This section does not apply where the department is the maintain- 
ing agency. 

NOTE: Authority cited: Section 8571, Wafer Code. Reference: Sections 8370, 
8708, 8710 and 12642, Water Code. 

History 

1. New section, includins renumbering and amendment of old section 18 to new 
section 7(a) filed 9-3()^96; operative 10-30-96 (Register 96, No. 40). For prior 
history, see Register 85, No. 26. 

§ 8. Applications. 

(a) All applications for approval must be on forms provided by the 
board. Applications to the board must be typewritten or in legible hand- 
writing in ink and signed by or on behalf of the applicant. Applicants 



must furnish copies of other material as may be needed by the board and 
its staff to adequately determine the exact nature of the proposed work 
and its effect upon any project facilities or adopted plan of flood control. 
Applications and all associated material must be filed in quadruplicate (4 
copies) with the office of the board. A copy of the application form is 
found in Appendix A. 

(b) Information furnished to the board must include: 

(1) A description of the proposed work, together with a statement of 
the dates the plamied construction will be initiated and completed. 

(2) A completed copy of the Environmental Assessment Question- 
naire that accompanies the application form from the board (See Appen- 
dix A) and a copy of any draft and final environmental review document 
prepared for the project, such as an initial study, environmental assess- 
ment, negative declaration, notice of exemption, or environmental im- 
pact report. For any reasonably foreseeable significant environmental 
impacts, mitigation for such impacts shall be proposed. 

(3) Complete plans and specifications showing the proposed work, in- 
cluding a location map showing the site of the work with relation to topo- 
graphic features; a plan view of the area; and adequate cross sections 
through the area of the proposed work. The plans must be drawn to scale 
and refer to National Geodetic Vertical Datum (NGVD), or other known 
datum. The plans must also indicate any project features such as levees 
and/or channels, roads, or other structures, and must show river mile or 
levee mile references. The dimensions of any proposed or exisring fills, 
excavations, and construction must be given. 

(4) Additional information, such as geotechnical exploration, soil test- 
ing, hydraulic or sediment transport studies, biological surveys, environ- 
mental surveys and other analyses may be required at any time prior to 
board action on the application. 

(5) The names and addresses of all landowners adjacent to the property 
on which the project is located. 

(c) The Board may waive minor variations in an application. 

NOTE: Authority cited: Section 8571, Water Code. Reference: Section 2090, Fish 
and Game Code; Sections 21080.3, 21 104.2 and 21 160, Public Resources Code; 
and Sections 861 1, 8710 and 8730.3, Water Code. 

History 
1 . Renumbering and amendment of old section 16 to new section 8 filed 9-30-96; 
operative 10-30-96 (Register 96, No. 40). For prior history, see Register 85, 
No. 26. 

§ 9. Acknowledgement of Receipt, Completeness of 
Applications, and Notice to Contiguous 
Landowners. 

(a) The board shall acknowledge receipt of all applications in writing 
within ten (10) working days of receipt. 

(b) The board shall send a notice of the pending application and its con- 
tent to each adjacent landowner identified by the applicant within ten ( 1 0) 
working days of receipt of the application. 

(c) Within thirty (30) calendar days of receipt of an applicarion, the 
board shall determine whether the application is complete and notify the 
applicant, or the applicant's agent, of its determination and any need for 
additional information. 

(d) ApplicaUons shall be deemed received and complete either when 
the applicant supplies the requested additional information or, if no addi- 
tional information is requested, thirty (30) calendar days after the receipt 
of the application by the board. 

NOTE: Authority cited: Secfion 8571. Water Code. Reference: Section 65943, 
Government Code; and Sections 8710, 8730.1 and 8730.3, Water Code. 

History 

1. New secfion filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior 
history, see Register 85, No. 26. 

§ 10. Environmental Review. 

(a) Each application shall be evaluated by an environmental review 
committee appointed by the General Manager, to review the environ- 
mental aspects of the application and to make recommendations with re- 
spect to compliance with the California Environmental Quality Act, Pub- 
lic Resources Code section 21000 et seq. ("CEQA") and the CEQA 



Page 3 



Register 96, No. 40; 10-4-95 



§11 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



Guidelines, Title 14, California Code of Regulations, section 15000 et 
seq. The recommendations may include proposals for mitigation to avoid 
significant effects on the environment. 

(b) The board may charge and collect a reasonable fee from any person 
proposing a project for which the board must prepare an environmental 
impact report ("EIR"), initial study, or negative declaration. The fee will 
be an amount which will recover the costs incurred by the board and the 
department in preparing such EIR, initial study, and negative declaration. 
The board may charge and collect a deposit from the applicant for fees 
prior to undertaking environmental review. The deposit for these costs 
will include the cost of any consultants, staff time, and costs of printing 
established according to the formula contained in section 503 of this title 
which is incorporated by reference. 

(c) The applicant shall provide the board and its authorized agents ac- 
cess to the area of the proposed work, upon request by the board or its 
authorized agents, for environmental, engineering or other purposes re- 
lated to the board's review of the application. 

NOTE: Authority cited: Section 21082, Public Resources Code; and Section 8571, 
Water Code. Reference: Sections 21082 and 21089, Public Resources Code; and 
Sections 8608 and 8710, Water Code. 

History 

I . New section fded 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior 
history, see Register 69, No. 25. 

§11. Variances. 

(a) An application for an encroachment permit for a use that is not con- 
sistent with the board's standards as outlined in this division requires a 
variance approved by the board. 

(b) When approval of an encroachment requires a variance, the appH- 
cant must clearly state in the application why compliance with the 
board's standards is infeasible or not appropriate. 

(c) The General Manager may grant temporary variances to allow 
work during the flood season (See Table 8.1). 

(d) Where the General Manager finds in a particular situation that there 
is no legitimate reason for the appHcation of one of the board's standards, 
the General Manager may waive any such standard for that situation. 

NOTE: Authority cited: Section 8571, Water Code. Reference: Section 8710, Wa- 
ter Code. 

History 
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior 
history, see Register 85, No. 26. 

§12. Protests. 

Protests to permit applications may be submitted by any interested 
party. For the purpose of the section, the term "interested party" means 
a party who has a legally recognizable private or public interest. Protests 
must be submitted in writing. Each protest must include: 

(1) The name, address, and telephone number of the protestant; 

(2) A clear statement of the protestant' s objections; and 

(3) An explanation of how the protestant will be adversely affected by 
the proposed project. Within ten (10) days of receipt of a protest, the 
board shall mail a copy of the protest to the applicant. Protests must be 
based solely upon flood control concerns or, where the board is acting as 
lead agency under CEQA, environmental concerns. 

NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8571 and 
8710, Water Code; and Section 21092, Public Resources Code. 

History 
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). 

§13. Hearings. 

(a) Hearings shall be held on an application in the following circum- 
stances: 

(1) Upon written request of the applicant; 

(2) When approval requires a variance to the board's standards; 

(3) When any person files a written protest conforming to the require- 
ments of section 12 and requests a hearing; 

(4) When the authority to approve the activity has not been delegated 
to the General Manager; 

(5) Upon the board's own motion. 



(b) The applicant and other parties may request in writing that the 
board provide a copy of any document, not exempt from disclosure under 
the Public Records Act, beginning at Government Code section 6251, 
that is relevant to any proceeding. The board may charge a reasonable fee 
for each copy. 

(c) The board may hold a hearing or a partial hearing at any place with- 
in the state on its own initiative or on the request of the applicant. All 
hearings must be open to the public. The board President may designate 
a hearing officer. The board may require the applicant to pay all or part 
of the expenses of any hearing not located in the County of Sacramento, 
if the hearing is moved from Sacramento at the request of the applicant. 
These expenses may include, but are not limited to the following: 

(1) Traveling expenses of the board, officers, and employees of the 
board; 

(2) Expenses of stenographic reporting and transcribing evidence; and 

(3) A proportionate allowance, according to their usual rate of com- 
pensation, for the time of members, officers, and employees of the board 
required for the hearing. 

(d) Written notice of the hearing shall be mailed to the applicant and 
each other party at least ten (10) days prior to the date of the hearing. 

(e) Applicants shall be notified of the staff recommendations on the 
application at least seven (7) days prior to the hearing, unless this period 
is waived by the applicant. Adjacent landowners shall also be notified of 
staff recommendations at least seven (7) days prior to the hearing if they 
have responded in writing to the notice sent pursuant to section 9(b) of 
this article. Protestants shall be notified of the staff recommendations at 
least seven (7) days prior to the hearing. 

(f) The board President may implement additional administrative pro- 
cedures for the conduct of hearings and related proceedings. This author- 
ity may be redelegated to the General Manager. 

NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 6253 and 
11125, Govemmenl Code; and Sections 8710, 8730.2, 8731, 8732, 8732.5, 8734 
and 8735, Water Code. 

History 

1. New section fded 9-30-96; operative 10-30-96 (Register 96, No. 40). 

§ 14. Board Decision. 

(a) The board shall act upon applications within the following time 
Hmits: 

(1) When the board is the lead agency pursuant to CEQA and an envi- 
ronmental impact report is prepared, it shall approve or disapprove a 
project within six months from the date of the certification of the environ- 
mental impact report. 

(2) When the board is the lead agency and a negative declaration is 
adopted or if the project is exempt from CEQA, the board shall approve 
or disapprove a project within three months from the date of the adoption 
of the negative declaration. 

(3) When the board is a responsible agency for a project that has been 
approved by the lead agency, it shall either approve or disapprove the 
project within whichever is the longer: 

(A) Within one-hundred-eighty (180) days of the date on which the 
lead agency has approved the project; or 

(B) Within one-hundred-eighty (180) days of the date on which the 
application is deemed complete. 

(b) Applicants may waive the requirement that applications be acted 
upon within such periods. Waivers must be in writing or expressed on the 
record at a hearing. 

NOTE: Authority cited: Section 8571 , Water Code. Reference: Sections 65950 and 
65952, Government Code; and Section 8730.1, Water Code. 

History 
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). 

§ 15. Bases for Denial of Applications. 

The board may deny a permit for any of the following reasons: 
(a) If the proposed work could: 

(1) Jeopardize directly or indirectiy the physical integrity of levees or 
other works; 



Page 4 



Register 96, No. 40; 10-4-96 



Title 23 



Reclamation Board 



§17 



(2) Obstruct, divert, redirect, or raise the surface level of design floods 
or flows, or the lesser flows for which protection is provided; 

(3) Cause significant adverse changes in water velocity or flow regi- 
men; 

(4) Impair the inspection of floodways or project works; 

(5) Intertere with the maintenance of floodways or project works; 

(6) Interfere with the ability to engage in floodfighting, patrolling, or 
other flood emergency activities; 

(7) Increase the damaging effects of flood flows; or 

(8) Be injurious to, or interfere with, the successful execution, func- 
tioning, or operation of any adopted plan of flood control. 

(b) When the board is the lead agency under CEQA, and the proposed 
encroachment could result in potential and unmitigated significant envi- 
ronmental effects, including cumulative environmental effects. 

(c) When the board is a responsible agency under CEQA. and the 
CEQA document is inadequate. 

(d) If the applicant fails to supply information deemed necessary by 
the board for application purposes, including the names of all adjacent 
landowners. 

(e) If the proposed work does not meet board standards contained in 
article 8. 

(f) If there has been a failure by the applicant (or persons associated 
with the applicant through an agreement or agency relationship) to sub- 
stantially comply with permit conditions on prior related permits or if 
there has been work performed without a permit and that work is not the 
subject of the pending permit application where the applicant has not 
supplied reasonable and convincing assurances that compliance with the 
board's regulations will be achieved. 

NOTE: Authority cited: Section 8571, Water Code. Reference: Section 65943, 
Government Code; Sections 21002 and 21081, Public Resources Code; Sections 
8608, 8710 and 8723, Water Code. 

History 
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). 



§16. Permit Conditions. 

(a) Any board permit may include and be subject to such reasonable 
conditions as deemed appropriate by the board, and may include mitiga- 
tion for effects of the approved activity on the environment. 

(b) The permit may require inspection by the board, its officers, or staff 
before, during, and after construction, and at regular intervals thereafter. 
The board may charge and collect a reasonable fee from an applicant to 
recover inspection costs, including staff or consultant time and expenses. 

(c) The permit may require a reporting and monitoring program for 
any mitigation required by the board to avoid significant effects on the 
environment. 

(d) The permit may require the filing with the board of reports and data, 
including a description of all work done under the approved apphcation. 
The board may also request in writing at any time any reports or data, 
even if not expressly stated in a condition to the decision. 

(e) The permit shall require that all of the work must be in accordance 
with the submitted drawings and specifications and accomplished in a 
professional manner. 

( The permit may require the owner of an encroachment, or the owner 
of real property upon which the encroachment is located, to execute and 
cause to be recorded a document which imposes a covenant, restriction, 
servitude, or combination thereof, which runs with the land and binds all 
owners, heirs, successors, lessees, agents, and assigns, and would be en- 
forceable by the board or its successor. This requirement may be im- 
posed where there are particular concerns about permit compliance, such 
as where there may have been previous permit violations by the applicant 
or where record notice to successors-in-interest to the applicant or land- 
owner is deemed appropriate. 

(g) The permit may require the applicant to provide notice of the con- 
tinuing flood threat to occupants and potential occupants of property sub- 
ject to flood risk. 



(h) The permit may require additional conditions requested by the 
Corps and the local maintaining agency. 

(i) The permit shall require exercise of reasonable care to operate and 
maintain any work authorized by the permit to prevent injury or damage 
to any works necessary to any adopted plan of flood control, or interfer- 
ence with the successful execution, functioning, or operation of any pres- 
ent adopted plan of flood control or future plan. The permittee shall 
maintain the permitted encroachment and the project works within the 
utilized area in the manner required by the authorized representative of 
the department or any other agency responsible for flood control mainte- 
nance. 

(j) The permit may require the permittee to be responsible for all per- 
sonal liability and property damage which may arise out of permittee's 
actions or failure to perform the obligations of the permit. The permittee 
shall agree to save and hold the state free and harmless from, and to de- 
fend and indemnify the state against, any and all claims and liability, in- 
cluding but not hmited to, personal injury or property damage arising or 
claimed to arise, directly or indirecUy, from the uses of land pursuant to 
the permit. The permittee shall agree to release the state from responsi- 
bility or liability for any damages that may be caused to the encroachment 
by operation of the flood control project or from the releases of water 
from storage reservoirs. The permittee shall also agree to be precluded 
from receiving state disaster assistance for flood damage to the permitted 
works, except as provided by a flood insurance policy. 

(k) The permit may require that if the work covered by the permit is 
not commenced within one year after the issuance of the permit, the board 
may revoke the permit or change any condition in the permit as may be 
consistent with current flood control standards and policies of the board. 

(0 The permit may provide that commencement of work under a per- 
mit constitutes an acceptance of the conditions of the permit. 

(m) If any of the work does not conform to the conditions of the permit, 
the permittee, upon the order of the General Manager or Chief Engineer, 
shall, in the manner prescribed, be responsible for the cost and expense 
to remove, alter, relocate, or reconstruct all or any part of the work. 

(n) The permit may require the permittee, at permittee's cost and ex- 
pense, to remove, alter, relocate, or reconstruct all or any part of the per- 
mitted work if the removal, alteration, relocation, or reconstruction is 
necessary under or in conjunction with any present or future flood control 
plan or if damaged by any cause. 

(o) The permit may require the permittee to mitigate for the hydraulic 
impacts of the permitted works by reducing or eliminating the additional 
flood risk to third parties created by the permitted works. 

(p) Liability insurance may be required to be provided naming the 
State and the local maintaining agency performing flood control mainte- 
nance as additional insureds. 

NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 21002, 
2 1 08 1 and 2 1 08 1 .6, Public Resources Code; Sections 8608 and 87 1 0, Water Code ; 
Title 33, Code of Federal Regulations, Section 208.10. 

History 
1 . Repealer of article 3 heading, renumbering and amendment of old section 16 to 

new section 8, and new section 16, including renumbering of old section 22 to 

new section 16(d) filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For 

prior history, see Register 69, No. 25. 

§17. Emergencies. 

(a) Any existing levee, conforming existing encroachment, or per- 
mitted encroachment may be protected or strengthened in case of emer- 
gency during flood season, as specified in section 1 1 2, where there is im- 
minent danger of injury to persons, loss of life, or destruction of property. 

(b) Any person conducting emergency work shall immediately notify 
the local maintaining agency and the board through the General Manager 
or Chief Engineer. 

(c) For the purpose of this section, the term "emergency" includes any 
lawfully declared emergency, or any circumstance determined to be an 
emergency by the General Manager or Chief Engineer. 

(d) In an emergency, the General Manager may issue a temporary per- 
mit. A completed application with proper plans, cross sections, com- 
pleted environmental assessment questionnaire, and any other necessary 



Page 4.1 



Register 96, No. 40; 10-4-96 



§18 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



information required by section 8 of this article must be submitted to the 
board within thirty (30) days following the date of the commencement 
of emergency work. 

(e) All emergency work is subject to subsequent approval of the board, 
and the board may require its removal or alteration if not approved. 

(f) The board or the General Manager may impose reasonable condi- 
tions, pursuant to section 16, on its approval of any emergency work. 
NOTE: Authority cited: Section 8571. Water Code. Reference: Sections 8713, 
8716, 8717 and 8718, Water Code. 

History 

1. Renumbering and amendment of old section 17 to new section 19 and new sec- 
tion filed 9-30-96: operati ve 1 0-30-96 (Register 96, No. 40). For prior history, 
see Register 69, No. 25. 

§18. Revisions in Plans. 

(a) Any plan of work approved by the board may be changed or altered 
only with the consent of the board prior to the time of commencement or 
during progress of the work. A request for an amendment to a plan of 
work must be in the same form as an original application or in a form ac- 
ceptable to the Chief Engineer. 

(b) Minor, insubstantial changes may be made in plans without the 
submission of a written request for an amendment; however, the permit- 
tee shall first notify the Chief Engineer of any change before commenc- 
ing work on any changed work. A minor, insubstantial change must be 
one that is essentially consistent with the application or permit, consistent 
with board standards, and does not pose a threat to the adopted plan of 
flood control. The board reserves the right to require the applicant to file 
a written request for an amendment. 

Note; Authority cited: Section 8571, Water Code. Reference: Section 8721, Wa- 
ter Code. 

History 
1 . Renumbering and amendment of old section 1 8 to new section 7(a) and new sec- 
tion filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, 
see Register 69, No. 25. 

§19. District Lands. 

No encroachment may be constructed or maintained upon lands 
owned in fee by the Sacramento and San Joaquin Drainage District, ex- 
cept when expressly permitted by a proper and revocable license, lease, 
easement, or agreement executed between the owner of the encroach- 
ment and the district, and upon payment to the district of its expenses and 
adequate rental or compensation therefor. This requirement is in addition 
to the need for a permit as required in section 6 of this article. 
NOTE: Authority cited: Section 8608, Water Code. Reference: Sections 8504, 
8598. 8708 and 8709, Water Code. 

History 
1 . Renumbering of old section 1 7 to new section 1 9 and new section filed 9-30-96 ; 

operative 10-30-96 (Register 96, No. 40). For prior history, see Register 85, 

No. 26. 



Article 4. Enforcement Proceedings 

§ 20. Initiation. 

(a) The General Manager may institute an enforcement proceeding by 
serving a notice by certified mail, return receipt requested, to the land- 
owner or person (referred to hereafter as the "respondent") owning, un- 
dertaking or maintaining a work that is in violation of this division or 
threatens the successful execution, functioning or operation of an 
adopted plan of flood control. The notice must state the acts or omissions 
which the General Manager believes to be in violation of this division or 
threatens the successful execution, functioning or operation of an 
adopted plan of flood control. The notice must specify the statutes or reg- 
ulations which the respondent is alleged to have violated. This notice 
must be accompanied by an order requiring the respondent to respond to 
the notice within thirty (30) days of the receipt of the notice. The notice 
and the order must state that the board may seek judicial enforcement 
should the respondent fail to respond to the notice in a timely manner and 



that the board may abate violations or threats to the adopted plan of flood 
control through actions identified in section 22(b). 

(b) Other interested parties may become parties to an enforcement pro- 
ceeding by filing a notice to that effect with the board. The board shall 
mail a copy of that notice to the respondent within ten ( 1 0) days of receipt. 

(c) Notwithstanding subdivision (a), if there is work that has not been 
approved by the board, the General Manager or the Chief Engineer may 
issue an order for compliance with this division, including an order to 
stop work. 

NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8596, 
8608. 8710 and 8719, Water Code. 

History 

1. New article 4 (sections 20 through 22) and section filed 9-30-96: operative 
10-30-96 (Register 96, No. 40). For prior history, see Register 85, No. 26. 

§21. Hearing. 

(a) The respondent shall have the opportunity for a hearing, which 
must be requested in the respondent's timely response to the notice of en- 
forcement proceeding. Failure to file such response within thirty (30) 
days of receipt of the notice constitutes a waiver of respondent's right to 
a hearing. 

(b) The respondent and other parties may request that the board pro- 
vide a copy of any document, not exempt from disclosure under the Pub- 
Uc Records Act, beginning at Government Code section 6521, that is 
relevant to the enforcement proceedings. The board may charge a rea- 
sonable fee for each copy. 

(c) The board may hold the hearing or a partial hearing before a com- 
mittee of one or more members of the board, or before the General Man- 
ager or Chief Engineer, at any place within the state. All hearings must 
be open to the public. The board President shall designate the hearing 
officer. 

(d) Written notice of the hearing shall be mailed to the respondent and 
each other party at least ten (10) days prior to the date of the hearing. 

(e) Respondents and other parties shall be mailed a copy of any staff 
report or recommendations on the enforcement proceedings at least ten 
(10) days prior to the hearing. 

(f) The hearing officer shall take and make a record of the evidence. 
The hearing officer shall prepare a proposed decision based upon the re- 
cord. At a minimum, record must include the following: (1) the notice 
of enforcement proceeding and all supplementary material; (2) any staff 
report or analysis; (3) comments or documents submitted by the respon- 
dent, protestants, any pubhc agency, or other third person; and (4) the 
transcript of the hearing. 

NOTE: Authority cited: Section 8571, Water Code. Reference: sections 8596, 
8608, 8710, 8719, 8730, 8730.2, 8730.3, 8731, 8732, 8732.5 and 8733, Water 
Code. 

History 
1 . New section filed 9-30-96; operadve 10-30-96 (Register 96, No. 40). For prior 
history, see Register 69, No. 25. 

§ 22. Board Decision. 

(a) The hearing officer shall prepare the proposed decision within 
thirty (30) days after the conclusion of the enforcement hearing. The 
board shall adopt its final decision at the next regulariy scheduled board 
meeting after issuance of the proposed decision. 

(b) The board decision shall by order specify what action must be tak- 
en by the respondent, at respondent's cost, and the time within which 
such action must be taken. The required action may include, but is not 
limited to the following: 

(1) Removal of the work; 

(2) Alteration of the work; 

(3) Performance of additional work; 

(4) Implementation of specified mitigation for effects on the environ- 
ment; 

(5) Compliance with additional reasonable conditions; 

(6) Filing an application for a permit pursuant to this division; 

(7) Revocation of the permit. 



Page 4.2 



Register 96, No. 40; 10-4-96 



Title 23 



Reclamation Board 



§106 



• 



The board decision may also give notice that if the respondent does not 
comply with the decision within a reasonable time, the board may take 
actions to abate violations or threats to the adopted plan of flood control, 
such as physical removal, and recover its costs from the respondent. 

(c) The conditions imposed pursuant to subdivision (b) may require 
the respondent to permit inspection by the board, its officers, staff, or au- 
thorized representatives of the department during and after construction. 

(d) The conditions may require the respondent to file with the board 
reports and data, including a description of all work done under the ap- 
proved application. The board may also request in writing at any time 
any reports or data, even if not expressly stated in a condition to the deci- 
sion. 

NOTE; Authorit V cited: Section 857 1 . Water Code. Reference: Sections 2 1 002 and 
21081, Public Resources Code; Sections 8608 and 8710. Water Code. 

History 
1. Renumbering of old section 22 to new section 16(d) and new section filed 
9-30-96; operative 10-30-96 (Register 96, No. 40). 



Article 4.1. Reconsideration 

§ 23. Reconsideration. 

(a) No later than thirty (30) days after adoption by the board of a deci- 
sion or order, any interested person affected by the decision or order may 
petition the board for reconsideration of the matter for any of the follow- 
ing causes: 

( 1 ) Irregularity in the proceeding, or any ruling, or abuse of discretion 
which prevented a fair hearing; 

(2) The decision or order is not supported by substantial evidence; 

(3) There is relevant evidence, which could not have reasonably been 
produced previously; 

(4) Error in law; 

(5) The application or matter, upon a vote of the Board, failed to be ap- 
proved, and; 

(A) There were one or more members of the board absent from the pro- 
ceedings at the time the application or matter was considered and voted 
upon, except that absences due to abstention shall not be counted; and 

(B) The number of votes by which the application or matter failed to 
be approved is equal to or less than the number of board members that 
were absent. 

(b) The petition for reconsideration shall be in writing and contain the 
following: 

(1) Name and address of petitioner; 

(2) The specific action of which petitioner requests reconsideration; 

(3) The specific reason the action was inappropriate or improper; 

(4) The specific action which the petitioner requests; 

(5) A statement that copies of the petition and accompanying material 
have been sent to all interested parties. 

(c) The board may: 

(1) Refuse to reconsider the decision or order if the petition fails to 
raise substantial issues related to the criteria set forth in subdivision (a); 
or 

(2) After review of the record and the petition: 

(A) Deny the petition upon finding that the decision or order was prop- 
er; 

(B) Set aside or modify the decision or order; or 

(C) Take other appropriate action. 

NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8598, 
8608 and 8710, Water Code. 

History 
1. New article 4.1 (section 23) and section filed 9-30-96; operative 10-30-96 
(Register 96, No. 40). For prior history, see Register 85, No. 26. 



Article 5. Designated Floodways 

§ 1 01 . Responsibility of the Board. 

The board, after appropriate studies have been made, shall delineate 



on an aerial mosaic or map, the proposed designated floodway and the 
floodway encroachment lines. The board shall further determine allow- 
able u.ses in the designated floodway pursuant to wSection 107. 
NOTE: Authority cited: Section 8571. Water Code. Reference: Section 8609. Wa- 
ter Code. 

History 
1. New article 5 (sections 101 through 107), renumbering of old section 55 to new 
section 101, removal of articles 6 through 1 1 and removal of chapter 1.1, articles 
1 through 3. Renumbering of old section 46 to new section 4, old section 56 to 
new section 1 02, old section 65 to new section 1 03, old section 67 to new section 
104, old section 68 to new section 105, old section 69 to new section 106. old 
sections 75 and 76 to new section 1 07, old sections 85 and 86 to new section 1 08, 
old section 95 to new section 6(c), old section 150 to new section 109. and old 
section 152 to new section 110, filed 9-30-96; operative 10-30-96 (Register 
96, No. 40). 

§ 102. Considerations in Designating Floodways. 

In proposing and revising designated floodways, the board must con- 
sider all of the following: 

(a) Existing and projected federal, state, and local flood control im- 
provements and regulafions affecting the flood plain; 

(b) The degree of danger from flooding to life, property, public health 
and welfare; and 

(c) The rate and type of development taking place upon the flood plain. 
NOTE; Authority cited: Section 857 1 , Water Code. Reference: Section 8609, Wa- 
ter Code. 

History 
1. Renumbering and amendment of old section 56 to new section 102 filed 
9-30-96; operative 10-30-96 (Register 96, No. 40). 

§ 103. Notices and Hearings. 

The board shall nofify local interested parries, thirty (30) days prior to 
any hearing or hearings on designated floodways and floodway en- 
croachment lines, by notice published ut least twice in a newspaper of 
general circulation in the affected area. Hearings must be held in areas 
convenient to the majority of interested parties. The board shall hold one 
hearing prior to initiation of the study and at least one hearing after the 
study has been completed but prior to adoption. 

NOTE: Authority cited: Section 857 1 , Water Code. Reference: Section 8609, Wa- 
ter Code. 

History 
1. Renumbering and amendment of old section 65 to new section 103 filed 
9-30-96; operative 10-30-96 (Register 96, No. 40). 

§104. Recording. 

After a designated floodway and the floodway encroachment lines are 
adopted by the board, an aerial mosaic or map showing the designated 
floodway and the floodway encroachment lines shall be transmitted to 
the appropriate county or counties for recording. 

NOTE: Authority cited: Section 8571, Water Code. Reference: Section 8609, Wa- 
ter Code. 

History 
1. Renumbering and amendment of old section 67 to new section 104 filed 
9-30-96; operative 10-30-96 (Register 96, No. 40). 

§ 1 05. Availability of Maps. 

The board shall furnish a copy of the map or maps showing the limits 
of the designated floodway to the county engineer, the county plaiming 
department, and other interested parties. 

NOTE; Authority cited: Section 8571 , Water Code. Reference: Section 8609, Wa- 
ter Code. 

History 
1 . Renumbering and amendment of old section 68 to new section 1 05 filed 
9-30-96; operan ve 1 0-30-96 (Register 96. No. 40). For prior history, see Reg- 
ister 72, No. 14. 

§106. Floodway Modifications. 

If, after the adoption of the designated floodway and floodway en- 
croachment lines, the board determines that conditions have changed suf- 
ficientiy to necessitate altering the lines, the board may, at any regulariy 
noticed meeting, make modifications to the designated floodway as it 
deems to be appropriate. 

NOTE; Authority cited: Section 8571, Water Code. Reference: Section 8609, Wa- 
ter Code. 



Page 4.3 



Register 97, No. 50; 12- 12-97 



§107 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



History 

1. Renumbering and amendment of old section 69 to new section 106 filed 
9-30-96; operative 1 0-30-96 (Register 96, No. 40). For prior history, see Reg- 
ister 72, No. 14. 

§ 107. Permitted Uses in Designated Floodways. 

The following uses may be permitted in the designated flood way so 
long as alone or cumulatively, in the Judgment of the board, they will not 
unduly impede the free flow of water in the floodway or jeopardize public 
safety: 

(a) Open space uses not requiring a closed building, such as agricultur- 
al croplands, orchards, livestock feeding and grazing, or public and pri- 
vate recreation areas. 

(b) Fences, fills, walls, or other appurtenances which do not create an 
obstaiction or debris-catching obstacle to the passage of floodwaters. 

(c) Storage yards for equipment and material, if the equipment and ma- 
terial can be either securely anchored or removed upon notice. 

(d) Railroads, streets, bridges, and public utility wires and pipelines for 
transmission and local distribution. 

(e) Commercial excavation of materials from pits, strips, or pools pro- 
vided that no stockpiling of materials, products, or overburden creates an 
obstruction to the passage of flood flows. 

(f) Improvements in stream channel alignment, cross-section, and ca- 
pacity. 

(g) Staictures that are designed to have a minimum effect upon the 
flow of water and are firmly anchored to prevent the structure from flota- 
tion, provided that normally no structures for human habitation will be 
permitted. 

(h) Recreational vehicles and related service facilities that are either 
floodproofed or are removed during the flood season of the particular 
stream involved. 

(i) Other uses which are not appreciably damaged by floodwaters. 
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8609 and 
8710, Water Code. 

History 

1 . Renumbering and amendment of old sections 75 and 76 to new section 107 filed 
9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Reg- 
ister 72, No. 14 and Register 73, No. 34. 

Article 6. Existing Encroachments Within 
an Adopted Plan of Flood Control 

§ 108. Existing Encroachments. 

(a) Upon adoption of a plan of flood control, an existing facility or use 
shall be allowed to continue as provided below: 

( 1 ) A permit or order shall be automatically issued for all conforming 
existing facilities and uses. The facility or use may not be changed, ex- 
tended, or expanded without a new application to and approval by the 
board. If the facility is abandoned, it shall be removed at the expense of 
the owner and not replaced. 

(2) Nonconforming existing encroachments that do not have a major 
detrimental impact shall be allowed to continue under a permit or order 
until abandoned or until they are destroyed or damaged, by any cause, to 
the cumulative extent of more than fifty (50) percent of their market value 
or their physical usefulness during any 10-year period. The facility or 
use may not be changed, extended, or expanded without a new applica- 
tion to and approval of the board. If the facility is abandoned, it shall be 
removed at the expense of the owner and not replaced. 

(3) Nonconforming existing encroachments that have a major detri- 
mental impact shall be removed, abandoned, or suitably modified at no 
cost to the owner, if they have been in existence prior to the adoption or 
authorizafion of a project by the United States or prior to the adopfion or 
authorizafion of a plan of flood control by the state. 

(4) Nonconforming existing facilities or uses that have a major detri- 



mental impact on the adopted plan of flood control and which were not 
in existence at the lime of adoption of the plan of flood control shall be 
removed, abandoned, or suitably modified as directed by the board, all 
at the expense of the owner, and within a period of time specified by the 
board. 

(b) The board shall make the final determinafion as to whether the fa- 
cility or use has or has not a major detriinental impact within the adopted 
plan of flood control or on project facilities, and shall advise the owner 
of the facility or use of any action required. 

NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8609 and 
8710. Water Code. 

History 

1. New article 6 (section 108) and renumbering and amendment of old sections 85 
and 86 to new section 108 and new section filed 9-30-96; operative 10-30-96 
(Register 96, No. 40). For prior history, see Register 69, No. 25. For prior histo- 
ry, see Register 72. No. 14. 

Article 7. Review Rights 

§ 109. Right of Review of Delegated Authority. 

Any person or pubhc agency having an interest in a decision made by 
the Director of the department or the General Manager of the board pur- 
suant to any delegaUon by the board, including those delegations in Sec- 
tion 5, Resolution No. 94-15 dated September 16, 1994 and any other 
delegation of authority has the right to review by the board in accordance 
with the requirements of secfion 12. Adversely affected persons have the 
right to present arguments to the board in person or by a designated repre- 
sentative at a regularly scheduled board meeting. 

NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8609 and 
8710, Water Code. 

History 
1 . New article 7 (sections 109 through 110) and renumbering and amendment of 

old section 1 50 to new section 109 filed 9-30-96; operative 10-30-96 (Register 

96, No. 40). For prior history, see Register 78, No. 3. 

§ 1 1 0. Review Procedures. 

A person or public agency adversely affected by a decision described 
in section 109 is entitled to board review at a regularly scheduled meeting 
of the board after receipt of a written request directed to the General Man- 
ager of the board stating the facts and circumstances upon which the re- 
quest is based, provided the request complies with the requirements of 
section 12. If a petition for reconsideration is not submitted within the 
time limits specified in section 23, the decision of the board is final. 
Note: Authority cited: Secfion 8571, Water Code. Reference: Sections 8609 and 
8710, Water Code. 

History 

1. Renumbering and amendment of old secfion 152 to new secfion 110 filed 
9-30-96; operative 10-30-96 (Register 96, No. 40). 

Article 8. Standards 

§111. Introduction to Standards. 

These standards govern the design and construction of encroachments 
which affect the flood control works and floodways and are used by the 
board for the regulation of encroachments. The standards apply to any 
work within the limits of, or which can affect, any authorized flood con- 
trol project or any adopted plan of flood control. These standards also 
provide the public with information needed to prepare and submit en- 
croachment applications to the board. Where any provision in this divi- 
sion requires the application of judgment, such as where "practical," 
"feasible," or "reasonable," the burden of proof on such issues as imprac- 
ticality, unfeasibility, or unreasonableness lies with the applicant or per- 
mittee. 

NOTE: Authority cited: Secfion 8571, Water Code. Reference: Secfions 8608, 
8609 and 8710, Water Code. 

History 
1. New article 8 (secfions 111 through 137) and section filed 9-30-96; operative 

10-30-96 (Register 96, No. 40). 



Page 4.4 



Register 97, No. 50; 12-12-97 



Title 23 



Reclamation Board 



§112 



§ 112. Streams Regulated and Nonpermissibie Work 
Periods. 

(a) Tlie board requires applications to be filed for all proposed en- 
croachments within the floodways under its jurisdiction (identified in 
Table 8.1) and on levees adjacent thereto, on any stream which may af- 
fect those floodways. 

(b) Banks, levees, and channels of floodways along any stream, its 
tributaries, or distributaries may not be excavated, cut, filled, obstructed, 
or left to remain excavated during the flood season. 

(1) The flood seasons for the various floodways are shown in Table 
8.1. 

(2) The board, at the prior written request of the applicant, may allow 



work to be done during flood season within the floodway, provided that, 
in the judgment of the board, forecasts for weather and river conditions 
are favorable. 

(c) The following definitions apply to this section: 

(1) Bank. "Bank" means the ground bordering a river, stream, lake, 
or sea, or forming the edge of a cut or hollow. 

NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608, 
8609 and 8710, Water Code. 

History 
1 . New section and table 8.1 filed 9-30-96; operative 1 0-30-96 (Reeister 96, No. 

40). 



• 



Page 4.5 



Register 96, No. 40; 10-4-96 



§112 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



Table 8.1 — Regulated Streams and Nonpermissible Work Periods 



[ 1 ] Flood season November 
[2] Flood season November 



through July 15 
through April 1 5 



Stream Title 


County-Limits 


Flood Season 


Aha Main Canal 


Fresno 


1 


American River 


Sacramento — to Nimbus Dam 


2 


AnteloDC Creek 


Placer — to settlement ponds 


2 


Antelope Creek 


Tehama 


2 


Angel Slough 


Butte 


2 


Arcade Creek 


Sacramento — to Roseville Road 


2 


Ash Creek 


Modoc 


2 


Ash Slough 


Madera 


2 


Atherton Cove 


San Joaquin — northeast bank only 


2 


Auburn Ravine 


Sutter and Placer 


2 


Beacon Creek 


Sacramento — Morrison Creek to Franklin Boulevard 


2 


Battle Creek 


Tehama 


2 


Bear Creek 


Merced 


2 


Bear Creek 


San Joaquin 


2 


Bear Creek 


Shasta 


2 


Bear River 


Sutter, Placer & Yuba 


2 


Berenda Slough 


Madera — Avenue 21-1/2 to Ash Slough 


2 


Best Slough 


Yuba 


2 


Big Chico Creek 


Butte 


2 


Black Rascal Creek 


Merced 


2 


Butte Basin 


Butte, Glenn, and Colusa 


2 


Rntte Creek 


Rntte and Glenn — to Skyway Bridge 


1 


Butte Creek Diversion Canal 


Sutter 


2 


Butte Slough 


Sutter 


2 


Byrd Slough 


Fresno 


1 


Cache Creek 


Yolo — to 1/2 mile west of 1-5 


2 


Cache Slough 


Solano 


2 


Calaveras Kiver 


Jian Joaquin — to iNew Hogan Dam 




Cameron Slough 


Fresno 


1 


Canal Creek 


Merced 


2 


Cherokee Creek 


Butte 


1 


Chowchilla Canal Rvpass 


Merced, Madera, and Mariposa 


1 


Chowchilla River 


Merced and Madera — to Buchanan Dam 


2 


Churn Creek 


Shasta — within Sacramento River floodwav 


2 


r\rhy PrppV 




9 


CI arks Fork 


Kings 


1 


Clear Creek 


Shasta — Sacramento River to Whiskevfown Dam 


2 


Clover Creek 


Shasta — to 1 . 1 miles upstream from Millville 
Plains Road 


2 


Clover Creek 


Lake 


2 


Cole Slough 


Fresno 


1 


Colusa Bypass 


Colusa 


2 


Colusa Basin Drain and Canal 


Glenn, Colusa, and Yolo 


2 


Colusa Troush 


Colusa 


2 


Coon Creek 


Placer and Sutter 


2 


Consumnes River 


Sacramento 


2 


Cottonwood Creek 


Shasta and Tehama — divides counties 
— to Dutch Gulch Dam 


2 


Cottonwood Creek South Fork 


Tehama 


2 



Page 4.6 



Register 96, No. 40; 10-4-96 



Title 23 



Reclamation Board 



§112 



Table 8.1 — Regulated Streams and Nonpermissible Work Periods 
(Continued) 



Stream Title 


County-Limits 


Flood Season 


Cottonwood Creek 


Tulare — St. Johns River to Grapevine Creek 


2 


Cow Creek 


Shasta — to 0.6 miles upstream of Millville Plains Road 


2 


Cresp.nt Rvpass 


Kincs and Fresno — North Fork Kinss River 


1 


Cross Creek 


Kings and Tulare — Nevada Avenue to St. Johns River 


1 


Davis Drain 


Yolo 


2 


Dead Horse Slough 


Butte 


2 


Deer Creek 


Sacramento 


2 


Deer Creek 


Tehama 


2 


Dog Creek 


Fresno 


2 


Dry Creek 


Butte 


2 


Dry Creek 


Fresno 


2 


Dry Creek 


Sacramento and Placer — to Antelope Creek 


2 


Dry Creek 


Shasta — to .02 miles upstream from Millville 
Plains Road 


2 


Dry Creek 


Stanislaus — Tuolimne River to AT&SF RR 


2 


Dry Creek 


Sytter 


2 


Dry Creek 


Tehama 


2 


Dry Creek 


Tulare 


2 


Dry Creek 


Yuba 


2 


Duck Creek 


San Joaquin 


2 


Duck Creek, South Branch 


San Joaquin 


2 


Duck Slough 


Merced 


2 


Duck Slough 


Yolo 


2 


Dutch John Cut Slough 


Kings 


1 


Dye Creek 


Tehama 


2 


East Sand Slough 


Tehama — within Sacramento R. floodway 


2 


Eastside Bypass 


Merced and Madera 


1 


Edendale Creek 


Merced 


2 


Elder Creek 


Tehama — to Ralston Road Bridge 


2 


Elk Bayou 


Tulare 


1 


Elk Slough 


Yolo 


2 


Fahrens Creek 


Merced 


2 


Featht-r River 


Rntte and Yiiha 


7 


Feather River, North Fork 


Plumas 


2 


Five Mile Slouph 


Fresno 


1 


Fourteenmile Slough 


San Joaquin 


2 


French Camp Slough 


San Joaquin 


2 


Fresno River 


Madera to Hidden Dam 





Fresno River, South Fork 


Madera 


2 


Fresno Slough 


Kings and Fresno 


1 


Georgiana Slough 


Sacramento 


2 


Globe Slough 


Fresno 


1 


Gold Run Creek 


Rntte 


9 


Haas Slough 


Solano 


2 


Hastings Cut 


Solano 





Honcut Creek 


Butte and Yuba — to 1/2 mile west of S.P.R.R. 


2 


Hughes Creek 


Kings 


2 


Hutchinson Creek 


Sntter 


2 


Ida Island 


Sacramento 


2 


Inside Creek 


Tulare 


1 


James Bypass 


Kings and Fresno 


1 


Jack Slough 


Yuba 


2 



Page 4.7 



Register 96, No. 40; 10-4-96 



§112 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



Table 8.1 — Regulated Streams and Nonpermissible Work Periods 
(Continued) 



Stream Title 


Counts'-Limits 


Flood Season 


Kaweah River 


Tulare 




Knwpah Rivpr North Fork 


Tiilnre 




Kaweah River. Middle Fork 


Tulare 




Kaweah River, South Fork 


Tulare 




Kern River. South Fork 


Kern and Tulare 




Kern River 


Kern. Kings and Tulare 




Kern River Rvpass Channel 


Kern and Kings 




Kings River 


Kings, Tulare and Fresno — to Pine Flat Reservoir 




Kin as River, North Fork 


Tnlare 




Kings River, South Fork 


Tulare 




Knights Landing Ridge Cut 


Yolo 


2 


Laird Slough 


Stanislaus 


1 


Laguna Creek 


Sacramento — Morrison Creek to Franklin Boulevard 


2 


Laurel Creek 


Solano 


2 


Ledgewood Creek 


Solano 


2 


Linda Creek 


Sacramento and Placer 


2 


Lindo Channel 


Butte 


2 


Lindsev Slough 


Solano 


2 


Little Chico Creek 


Butte 


2 


Little Chico Diversion Canal 


Butte 


2 


Little Cow Creek 


Shasta 


2 


Littlejohns Creek 


San Joaquin 


2 


Lone Tree Creek 


San Joaquin 


2 


Lower San Joaquin River Flood 

Control Project 
Magpie Creek 


Fresno, Madera, and Merced 
Sacramento — up to Raley Boulevard 


1 

2 


Main Drain Canal 


Kern 


1 


Mariposa Bypass 


Merced 


1 


Mariposa Creek 


Merced 


2 


Markham Creek 


Sutter 


1 


Mayberry Slough 


Sacramento 


2 


McClure Creek 


Tehama 


2 


McCoy Creek 


Solano 


2 


Merced River 


Merced 


1 


Middle Creek 


Lake 


2 


Miles Creek 


Merced 





Mill Creek 


Fresno 


2 


Mill Creek 


Tehama 


2 


Mill Creek 


Tulare 


1 


Miners Ravine 


Placer — to Interstate 80 Highway 


2 


Miner Slough 


Solano 


2 


Mokelumne River 


Sacramento, San Joaquin — to Camanche Reservoir 


2 


Moody Slough 


Solano 


1 


Mormon Slough 


San Joaquin 


2 


Morrison Creek 


Sacramento to Bradshaw Road 


2 


Mosher Slough/Creek 


San Joaquin — to Eightmile Road 


2 


Moulton Rvpass and Weir 


Colusa 


2 


Mud Creek 


Butte 


2 


Mud Slough Creek 


Butte 


2 


Murphy Slough 


Butte 


2 


Natomas Cross Canal 


Sutter 


2 


Natomas East Main Drainage Canal 


Sutter and Sacramento 


2 



Page 4.8 



Register 96, No. 40; 10-4-96 



Title 23 



Reclamation Board 



§112 



Table 8.1 — Regulated Streams and Nonpermissible Work Periods 
(Continued) 



Stream Title 


County-Limits 


Flood Season 


Oak Run Creek 


Shasta — to 0.6 miles upstream from Millville 
Plains Road 


2 


Old River 


San Joaquin to Paradise Cut 


1 


Outside Creek 


Tulare 


1 


Owens Creek 


Merced 


2 


Paddy Creek 


San Joaquin — to Tully Road 


2 


Paradise Cut 


San Joaquin 


1 


Paynes Creek 


Tehama 


2 


Pixlev Sloueh 


San Joaquin — Eiehtmile Road to Bear Creek 


2 


Pleasant Grove Creek Canal 


Sutter and Placer — to Union Pacific R.R. 


2 


Porter Sloush 


Tulare — Road 192 to Tule River 


1 


Putah Creek 


Yolo, Solano — to Monticello Dam 


2 


Putah Creek. South Fork 


Solano 





Red Bank Creek 


Tehama 


2 


Reeds Creek 


Sutter 


2 


Sacramento Bypass 


Yolo 


2 


Sacramento Deep Water Channel 


Solano and Yolo 


2 


Sacramento River 


Kenwick Dam — to west end of Sherman Island 


2 


Salt Creek 


Shasta 


2 


Sand Creek 


Tulare and Fresno 


2 


Sandv Gi^lch 


Butte 


2 


San Joaquin River 


Friant Dam to West End of Sherman Island 


1 


Srorts Creek 


T ake 


2 


Secret Ravine 


Placer 


2 


Shac Sloiicrh 


Solano and Yolo 


2. 


Smith Canal 


San Joaquin — north levee only 


2 


Spvenmile Sloiioh 


Sarramento 


? 


Simmerly Slough 


Yuba 


2 


St. Johns River 


Tulare 


1 


Stanislaus River 


San Joaquin and Stanislaus — only where levees 

arp afffirtp.H 


1 


State Main Drain 


Sutter 


2 


Sltt^amhnnf ^Jlrrnoh 


<saprampntn anri Ynln 





Stockton Diverting Canal 


San Joaquin 


2 


Stony Creek 


Tehama and Glenn 


2 


Sutter Bvpass 


Sutter 


2 


Sutter Slough 


Sacramento 


2 


Sycamore Creek 


Butte 


2 


Sycamore Slough 


Yolo 


2 


Sycamore Slough 


Colusa 


2 


Thomes Creek 


Tehama — within the Sacramento River floodway 


2 


Threemile Sloush 


Sacramento 


2 


Tisdale Bypass 


Sutter 


2 


Tom Paine Slough 


San Joaquin — Old River to W.P.R.R. 


2 


Tule River 


Tulare — Road 224 to Success Dam 




Tule River. North Fork 


Tulare — confluence at Hickman Creek 




Tule River, Middle Fork 


Tulare — confluence at Long Canyon 




Tule River. South Fork 


Tulare — confluence at Long Branch 




Tuolumne River 


Stanislaus and San Joaquin — to La Grange Dam 




Ulatis Creek 


Solano — to Cache Slough 


2 


Wadsworth Canal 


Sutter 


2 



Page 4.9 



Register 96, No. 40; 10-4-96 



§113 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



Table 8.1 — Regulated Streams and Nonpermissible Work Periods 
(Continued) 



Stream Title 


County-Limits 


Flood Season 


Wadsworth Interceptine Canal. East 


Sutter — to Township Road south bank onlv 


2 


Wadsworth Intercepting Canal. West 


Sutter — south bank only 


2 


Walker Slough 


San Joaquin 


2 


Walthall Slough 


San Joaquin 


2 


Western Pacific Interceptor Channel 


Yuba 


2 


West Side Canal 


Kern 


1 


Willow Creek 


Glenn and Colusa 


2 


Willow Slough and Bypass 


Yolo — toSPRR 


2 


Wright Cut 


Solano — to confluence Cache and Shag Slough 


2 


Yankee Slough 


Sutter and Placer 


2 


Yokohl Creek 


Tulare 


2 


Yolo Bypass 


Solano and Yolo 


1 


Yuba River 


Yuba — to Daguerre Point Dam/Highway 70 


1 



§ 113. Dwelling and Structures Within an Adopted Plan of 
Flood Control. 

(a) The following definitions apply to this section: 

( 1 ) Existing Dwelling — "Existing Dwelling" means a building used 
for human habitation constructed within a floodway prior to the adoption 
of the floodway as an authorized flood control project, as a plan of flood 
control, or as a designated floodway, or as otherwise permitted by the 
board. 

(2) Existing Mobile Home — "Existing Mobile Home" means a mo- 
bile home that was positioned within a floodway prior to the adoption of 
the floodway as an authorized flood control project, as a plan of flood 
control, or as a designated floodway, or as otherwise permitted by the 
board. 

(3) Existing Structure — "Existing Structure" means a building used 
for any purpose other than for human habitation constructed within a 
floodway prior to the adoption of the floodway as an authorized flood 
control project, as a plan of flood control, or as a designated floodway, 
or as otherwise permitted by the board. 

(4) Human Habitation — "Human Habitation" means an improvement 
of real property used, or intended to be used, for residential purposes, in- 
cluding but not limited to living, sleeping, cooking, or eating. 

(5) Seasonal Occupancy — "Seasonal Occupancy" means to occupy 
or reside in a dwelling only during the nonflood season. 

(6) Residential Development — "Residential Development" means 
any development or subdivision where a subdivision map is required. 

(b) Dwellings and structures within an adopted plan of flood control 
must comply with the following requirements: 

(1) New dwellings, with the exception of dwellings for seasonal occu- 
pancy (nonflood season), are not permitted except as provided in subdi- 
visions (d) and (e) of this section. 

(2) New dwellings for seasonal occupancy and existing dwellings and 
structures constructed prior to adoption of the plan of flood control are 
permitted within the floodway under the following conditions: 

(A) The dwelling or structure is not abandoned and is maintained in 
a condition suitable for the approved use; 

(B) The dwelling or structure does not impede floodflows; 

(C) The dwelling or structure is property anchored to prevent flotation 
during periods of high water; 

(D) The finished floor level of new dwellings for seasonal occupancy 
must be a minimum of two (2) feet above the design flood plane or two 
(2) feet above the 100-year flood elevation, whichever is higher; and 

(E) New dwellings for seasonal occupancy may not be constructed on 
a levee section or within ten (10) feet of a levee toe. 

(3) Any exterior remodeling, modifications, additions, or repairs to the 
dweUing, or structure, or property which modifies the footprint or con- 



sists of replacement of over fifty (50) percent of the structure must have 
prior approval by the board and meet the following conditions: 

(A) Any remodeUng, modifications, additions, or repairs may not 
place the dwelling or structure closer to the low water channel of the 
floodway; and 

(B) The finished floor of any remodeling, modification, addition, or 
repair to the dwelling or structure must be a minimum of two (2) feet 
above the design flood plane or two (2) feet above the 100-year flood ele- 
vation, whichever is higher. 

(4) If a dwelling or structure is damaged, due to any cause, to a cumula- 
tive extent of more than fifty (50) percent of its market value within a ten- 
year period, the dwelling or structure may not be reconstructed or re- 
placed without the approval of the board; 

(5) If a damaged dwelling or structure is not repaired or replaced, the 
entire dwelling or structure, including all stored materials, equipment, 
and debris, must be completely removed within a reasonable period of 
time, as determined by the board, and the area restored so that there is no 
interference with the adopted plan of flood control. 

(6) Structures may be constructed within an adopted plan of flood con- 
trol provided they conform to the following: 

(A) Structures may not be constructed on a levee section or within ten 
(10) feet of a levee toe; 

(B) Structures must be securely anchored and floodproofed to at least 
two (2) feet above the 100-year flood elevation or two (2) feet above the 
design flood plane, whichever is higher. The floodproofing must be con- 
sistent with the potential uses of the structure; 

(C) Structures must be located and oriented to have minimal impact on 
floodflows; and 

(D) The number of structures permitted is limited to the minimum rea- 
sonably necessary to accomplish an appropriate land use activity. 

(c) Mobile homes within an adopted plan of flood control must comply 
with the following requirements: 

(1) New mobile homes are not permitted unless the mobile homes are 
located within an existing mobile home park or as provided in subdivi- 
sions (d) and (e) of this section; 

(2) Existing mobile homes, not located within a mobile home park, 
may remain and the requirements are the same as those for existing 
dwellings; and 

(3) Owners of existing mobile homes which are not located within a 
mobile home park and which are not anchored in place must have an 
evacuation plan on record with the board; and 

(4) If flood damage occurs to the mobile home due to failure of the 
evacuation plan or its execution, the mobile home may not remain or be 
replaced within the adopted plan of flood control without the approval of 
the board. 



• 



Page 4.10 



Register 96, No. 40; 10-4-96 



Title 23 



Reclamation Board 



§114 



(d) Dwellings, stnictures, and mobile homes are permitted within shal- 
low Hooding areas designated as a "zone B" as shown on some desig- 
nated floodway maps adopted by the board. The board's zone B designa- 
tion is not to be confused with the Federal Emergency Management 
Agency's B-zone which relates to a different floodplain identification. 
In addition to the other standards in this section, the following conditions 
apply to dwellings, stnictures, and mobile homes within a designated 
zone B: 

( 1 ) The dwelling, structure, or mobile home is not permitted on a levee 
section or within ten (10) feet of a levee toe; 

(2) Dwellings, structures, and mobile homes are permitted to within 
fourteen ( i 4) feet of the top of a streambank provided the streambank is 
revetted to board standards; 

(3) Dwellings, structures and mobile homes are not permitted within 
thirty (30) feet of an unrevetted streambank; 

(4) The finished floor level of the dwellings and mobile homes must 
be a minimum of two (2) feet above the design flood plane or two (2) feet 
above the 100 year flood elevation, whichever is higher; 

(5) Only the minimum floodway area necessary for the placement of 
the dwelling, structure, or mobile home shall be used. Generally not 
more than thirty (30) percent of the flood plain area may be used. Desig- 
nated floodway maps, however, may be more restrictive; 

(6) Sufficient area of the floodway must remain clear of the dwelling, 
mobile home, or structure to preserve the historical orientation of the 
floodway and to prevent an increase in streamflow stages and velocities. 

(7) If a dwelling, stmcture, or mobile home is damaged due to any 
cause, cumulatively to the extent of more than fifty (50) percent of its 
market value, the dwelling, structure, or mobile home may not be recon- 
structed or replaced without the approval of the board. 

(8) Except for approved mining activities, excavating or grading that 
would increase the depth of flooding within a zone B and which might 
interfere with the safe evacuation of the area during flooding is not per- 
mitted. 

(9) New residential developments may be subject to a higher standard 
than the 100-year event up to and including the Standard Project Flood, 
(e.g., floor elevations required to be above the Standard Project Flood) 
or an equivalent rare flood. 

(e) New dwellings, structures and mobile homes along an unleveed 
stream shall comply with the following requirements: 

(1) Dwellings, structures, and mobile homes are permitted to within 
fourteen (14) feet of the top of the streambank provided the streambank 
is revetted. 

(2) Dwellings, structures and mobile homes are not permitted within 
(30) feet of an unrevetted streambank. 

(f) Upon abandonment of the permitted dwelling or structure, the 
property owner shall be responsible for removal of the dwelling or struc- 
ture and all appurtenant structures, vehicles, equipment, stockpiles of 
materials, and debris within a reasonable time. 

Note.- Authority cited: Section 8571, Water Code. Reference: Sections 8608, 
8609 and 8710, Water Code. 

History 

1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). 

§ 114. Mobile Home Parks and Recreational Vehicle Parks. 

(a) The following definitions apply to this section: 

(1) Existing Mobile Home Park — "Existing Mobile Home Park" 
means any area within a floodway on which two (2) or more mobile 
homes have been maintained prior to the adoption of the area as an autho- 
rized flood control project, as a plan of flood control, or as a designated 
floodway. 

(2) Recreational Vehicle Park — "Recreational Vehicle Park" means 
any area within a floodway where two (2) or more recreational vehicles 
are maintained. 

(b) Mobile home parks are subject to the following requirements: 
(1) New mobile home parks are not permitted within an adopted plan 

of flood control except in floodway areas classified as zone B as de- 



scribed in subdivision (c), section 1 13, Dwellings and Stnictures Within 
an Adopted Plan of Flood Control. 

(2) New mobile home parks are not permitted on a levee section or 
within ten ( 1 0) feet of a levee toe. 

(3) Existing mobile home parks located within an adopted plan of 
flood control may remain if a permit from the board has been obtained, 
a current implementable evacuation plan is on file with the board, and the 
following criteria continue to be enforced: 

(A) The locations of all structures, mobile homes, recreational ve- 
hicles, and appurtenances are shown on the evacuation plan. 

(B) The location of the river staff gauge and the gauge height that will 
indicate an evacuation of a mobile home park are shown on the evacua- 
tion plan. 

(C) The number of tow vehicles and the usual location of each tow ve- 
hicle to be used to evacuate a mobile home park are shown on the evacua- 
tion plan. 

(D) The locations of emergency storage areas outside the floodway for 
the mobile homes, recreational vehicles, portable and floatable structures 
are shown on the evacuation plan. 

(E) The route to be used to evacuate mobile homes from a mobile home 
park to the emergency storage area is shown on the evacuation plan. 

(F) After the initiation of an evacuation, all mobile homes not an- 
chored in place and all recreational vehicles, and portable and floatable 
structures are removed from the floodway within the time period speci- 
fied in the evacuafion plan. 

(G) Existing multiple-wide mobile homes, unless specially designed 
for quick removal, are anchored in place with concrete deadmen. 

(H) New multiple-wide mobile homes, unless specially designed for 
quick removal, are not permitted. 

(I) A copy of the evacuation plan is provided to all residents of the mo- 
bile home park. 

(J) The park permittee or the manager has a duplicate of all keys neces- 
sary to move a mobile home and a signed statement allowing the removal 
of an absentee owner's mobile home during an emergency evacuation. 

(K) The permittee of a mobile home park accepts sole responsibility 
for initiating an evacuation of the park. 

(L) Mobile homes not anchored in place, all portable structures, and 
recreational vehicles have axles, wheels, and any required tow hitch in- 
stalled, and are in a readily movable condition at all times. 

(M) Any related structures, such as laundry rooms or storage build- 
ings, are securely anchored to prevent flotation during high water and are 
not utilized for human habitation. 

(N) If significant flood damage occurs to any of the mobile homes or 
other park structures due to failure of the evacuafion plan or its execution, 
the park may not continue operating without approval of the board. 

(c) Recreational vehicle parks are subject to the following require- 
ments: 

(1) New and existing recreational vehicle parks are allowed within an 
adopted plan of flood control if a permit is obtained from the board, a cur- 
rent implementable evacuation plan is on file with the board, and the fol- 
lowing requirements are enforced: 

(A) The locations of all recreational vehicle pads and appurtenances 
are shown on the evacuation plan. 

(B) All recreational vehicles have axles, wheels, and any required tow 
hitch installed, and are in readily movable condition at all times. 

(C) At the initiation of an evacuation, all recreational vehicles are re- 
moved from the floodway within the time period specified in the evacua- 
tion plan. 

(D) At the initiation of the evacuation, all floatable and portable struc- 
tures are removed from the floodway within the time period specified in 
the evacuation plan. 

(E) The locations of emergency storage areas outside the floodway for 
recreational vehicles, and portable and floatable structures are shown on 
the evacuation plan. 



Page 4.11 



Register 96, No. 40; 10-4-96 



§115 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



(F) The location of the river staff gauge and the gauge height that will 
initiate an evacuation are shown on the evacuation plan. 

(G) Permittees or managers of recreational vehicle parks accept sole 
responsibility for initiating an evacuation. 

(H) Any related stnictures, such as laundry rooms or storage buildings, 
are securely anchored and are not utilized for human habitation. 

(I) If significant flood damage occurs to any of the recreational ve- 
hicles or other park structures due to the failure of the evacuation plan or 
its execution, the park may not continue operating without the approval 
of the board. 

(d) The following restrictions apply to recreational vehicles within an 
adopted plan of flood control that are not in a recreational vehicle park: 

(1 ) The random use of recreational vehicles within an adopted plan of 
flood control does not require a permit from the board. Recreational ve- 
hicles are not permitted overnight within the floodway during the flood 
season. However, recreational vehicles may be stored in those limited 
areas where dwellings are permitted. 

(2) It remains the sole responsibility of the property owner to ensure 
that recreational vehicles do not remain within the floodway overnight 
during the flood season. 

NOTE; Authority cited: Section 8571, Water Code. Reference: Sections 8608, 
8609 and 8710, Water Code. 

History 

1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). 

§ 11 5. Dredged, Spoil, and Waste Material. 

(a) Dredged, spoil, or waste materials, regardless of their composition, 
may not be deposited on the levee crown, levee slopes, or within the lim- 
its of a project floodway without specific prior approval of the board. 

(b) Suitable dredged, spoil, or waste material may be deposited on or 
against the landside levee slope if the board determines that it is not detri- 
mental to the safety of the levee. 

(c) Dredged materials must be drained of excess moisture before being 
used as fill material. 

(d) Dredged, spoil, or waste materials may not be deposited within the 
limits of the stream channel, project floodway, or within a bypass area 
without a determination by the board as to the effect of the deposition re- 
garding ( 1 ) the flood-carrying capacity of the stream channel, floodway, 
or bypass; (2) recreational and environmental factors; and (3) fish and 
wildlife. 

NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608, 
8609, 8708, 8709 and 8710, Water Code. 

History 
I. New section filed 9-30-96; operadve 10-30-96 (Register 96. No. 40). 

§ 116. Borrow and Excavation Activities — Land and 
Channel. 

(a) The removal of earthen material and related activities within the 
limits of an adopted plan of flood control are subject to the provisions of 
this division. The board may limit borrow and excavation activities based 
on the area's hydraulics, hydrology, sediment transport, and history of 
the borrow sites. The board may waive specific requirements for borrow 
or excavation activities if the permittee provides detailed studies which 
the board considers sufficient to justify the waiver. 

Borrow and excavation activities maya be allowed if: 

(1) The activity will not cause an unplanned change of the stream's lo- 
cation; 

(2) The sediment transport downstream will not change in a manner 
that produces or tends to produce increased flood or erosion problems in 
the area; and 

(3) The activity is consistent with the overall flood control objectives 
for the area. 

(b) General requirements for all borrow permits include the following, 
unless other specific provisions for a specific area or stream modify these 
requirements: 



( I ) Any levee crown or access ramp used to transport borrow material 
must be maintained by the permittee in the same or better condition as 
existed at the start of the borrow operation. 

(A) A surveyed longitudinal profile of the existing levee crown road- 
way and access ramps to be utilized for access to the borrow area must 
be submitted to the board prior to any excavation. 

(B) A surveyed longitudinal profile of the levee crown and access 
ramps utilized for access to the borrow area must be submitted yearly as 
well as upon abandonment of the borrow area. 

(C) Upon order of the board, the permittee shall restore a damaged le- 
vee and/or access ramp to the original profile. 

(2) Land and channel borrow material of any type may not be stored 
on a levee section or within ten (10) feet of either toe at any time. 

(3) No land and channel borrow material may be stored in a manner 
that could destabilize a riverbank, e.g., within thirty (30) feet of the top 
of bank. 

(4) Periodic topographic surveys of the active borrow area and vicinity 
may be required. 

(5) All boundaries of an active borrow area must be delineated by steel 
posts or other permanent markers which are clearly visible. 

(6) Stockpiles of materials or the storage of equipment, unless securely 
anchored, downed trees or brush, and floatable material of any kind are 
not allowed within a floodway during the flood season as defined in 
Table 8.1. 

(7) Excavation is not permitted within one hundred (100) feet of a le- 
vee toe or property line within the floodway. 

(8) Material may not be removed within fifty (50) feet of the toe of any 
spur levee. A spur levee is a levee that protrudes into the floodway for the 
purpose of directing the flow of floodwater. 

(9) Channel or berm excavations are not permitted within a leveed 
floodway where there is active erosion unless an engineering study dem- 
onstrates that the borrow will not exacerbate the erosion. 

( 1 0) The side slopes of the perimeter of a borrow area may not exceed 
three (3) feet horizontal to one (1) foot vertical. 

(II) The upstream and downstream ends of a borrow area connected 
to the low-water channel shall be transitioned into the channel to prevent 
an abrupt- change in streamflow velocity or cause an obstruction to the 
flow. 

(12) The bottom of a borrow area that is seasonally dry and located 
within two hundred (200) feet of a levee toe shall be graded to be reason- 
ably uniform with the gradient sloping towards the low-water channel. 

(13) When the borrow area is to be connected to the low- water chan- 
nel, excavation must start at the riverward edge of the borrow area and 
progress uniformly landward. 

(14) The bottom elevation of any berm excavation may not be lower 
than the adjacent channel bottom without adequate setback from the 
channel. Five hundred (500) feet is generally considered an adequate set- 
back. 

(15) Dredging of material from channel waterways generally must be 
confined to the area beyond one hundred (100) feet of the toe of the bank. 
The slope of the borrow perimeter nearest the toe of the bank may not ex- 
ceed five (5) feet horizontal to one ( 1 ) foot vertical. Localized exceptions 
may require bank protection. 

(16) Before any borrow operation, including suction dredging, is per- 
mitted within one ( 1 ) mile of a bridge, a study must be submitted to show 
that the borrow operation will not adversely affect any of the bridge foot- 
ings, piers, or bents. 

(17) Before any borrow operation, including suction dredging, is per- 
mitted within one thousand ( 1 ,000) feet of any pipeline or cable crossing 
beneath the channel, or within one thousand ( 1 ,000) feet of a project con- 
trol structure, e.g., a weir, a study must be submitted to show that the bor- 
row operation will not adversely affect that facility. A study may be re- 
quired for distances greater than one thousand ( 1 ,000) feet where deemed 
appropriate by the board. 



Page 4.12 



Register 96, No. 40; 10-4-96 



Title 23 



Reclamation Board 



§117 



( 1 8) Any proposed borrow operation within one mile of a state high- 
way bridge must be approved by the California Department of Transpor- 
tation. 

( 19) A geotechnical investigation is required before initiating any bor- 
row activity within a leveed floodway. The investigation must determine 
if the proposed borrow activity would increase seepage beneath levees, 
or expose soils susceptible to erosion. 

(c) If periodic inspections reveal that a borrow operation will adverse- 
ly affect the adopted plan of flood control, additional permit conditions 
may be imposed, or the permit may be revoked. 

(d) Excavations made within a floodway that are not an approved bor- 
row or dredging activity must be backfilled in a manner consistent with 
local conditions. This requirement is generally satisfied by using suitable 
material and compacting to the density of the adjacent undisturbed mate- 
rial. Compaction tests by a certified soils laboratory may be required. 
These requirements may be waived for minor excavations that would 
have no impact on the floodway. 

NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608, 
8609 and 8710, Water Code. 

History 
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). 

§ 1 1 7. Supplemental Borrow Standards for the Yuba River. 

Additional borrow standards have been estabhshed for the removal of 
materia] from the floodway of the Yuba River. These additional stan- 



dards supplement and. where in conflict with, supersede standards in sec- 
tion 116, Borrow and Excavation Activities - Land and Channel. 

(a) Material may not be removed within three hundred (300) feet of the 
centerline of project and local levees of the Yuba River. 

(b) Material may not be removed within three hundred (300) feet of the 
perimeter of any bank or levee protection work. 

(c) Between Daguerre Point Dam and Cenedella Bend (River Mile 
4.1), material may not be removed within one thousand five hundred 
( 1 .500) feet of the top of the banks of the Yuba River. 

(d) The elevation of the bottom of the borrow area nearest the bank of 
the river may be no lower than ten (10) feet above the normal low-water 
elevation of the Yuba River (see Graph 8.1). 

(e) Existing borrow pits or depressions between the levee and three 
hundred (300) feet landward of the levee centerline and adjacent to a pro- 
posed borrow area must be backfilled to within twenty (20) feet vertically 
of the levee crown by the permittee of the proposed borrow area. The 
backfill must be placed in the ratio of one ( 1 ) cubic yard placed in the low 
areas to ten (10) cubic yards removed from the floodway. 

(f) Material may not be removed from the area between nine hundred 
(900) feet upstream of the Southern Pacific Railroad bridge and the con- 
fluence of the Yuba and Feather Rivers. 

NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608, 
8609 and 8710, Water Code. 

History 
1. New section and graphic 8.1 filed 9-30-96; operative 10-30-96 (Register 96, 
No. 40). 



Page 4.13 



Register 96, No. 40; 10-4-96 



§117 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 




Graph ai 



Page 4.14 



Register 96, No. 40; 10-4-96 



Title 23 



Reclamation Board 



§120 



§ 11 8. Supplemental Borrow Standards for the Lower San 
Joaquin River Flood Control Project. 

An additional borrow standard has been established for the removal of 
material from the floodways of the Lower San Joaquin River Flood Con- 
trol Project. The additional standard supplements and. where in conflict 
with, supersedes standards in section 1 J 6. Borrow and Excavation Acti- 
vities - Land and Channel. The supplemental standard requires that all 
berm excavations must connect to the channel, and the bottom of berm 
excavations must be sloped to drain away from the levee. 
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608 and 
8710, Water Code. 

History 
1 . New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). 

§ 119. Dams and Related Structures. 

(a) Dams and structures that act as dams constructed in the channels 
of intermittent streams must meet the following criteria: 

( 1 ) A study shall be submitted to the board confirming that the installa- 
tion of a dam will not increase flooding outside of the floodway or in- 
crease flood damages to third parties in the floodway. 

(2) Erosion control may be required on the bank or levee slopes up- 
stream and downstream of the proposed dam. 

(3) Earthfill, including sand, and rockfill dams must be completely re- 
moved from the floodway prior to the beginning of flood season each 
year and may not be reinstalled prior to the end of flood season. (See 
Table 8.1.) 

(4) All stanchions must be removed or lowered, and all flashboards 
and slide gates of a dam must be removed from the floodway prior to the 
beginning of flood season each year and may not be reinstalled prior to 
the end of flood season. (See Table 8. 1 .) 

(5) The permittee must remove or lower all stanchions and must re- 
move the flashboards and slide gates of a dam within twenty-four (24) 
hours after receiving written notification from the board. 

(6) The permittee must remove an earthfill or rockfill dam within nine- 
ty-six (96) hours after receiving written notification from the board. 

(7) Upon removal of an earthfill or rockfill dam, the material from the 
dam may not be stockpiled on the levee section or within the floodway. 

(8) The permittee must provide warning signs upstream and down- 
stream of a rockfill dam to protect boaters. 

(b) Crop checks, ditch banks, ditch pads, road fills, and secondary le- 
vees installed within floodways and bypasses may not be reinforced or 
revetted and must be limited to a height that will not impair the floodway 
capacity. Crop checks, ditch banks and ditch pads are limited to a height 
of three (3) feet above the adjacent natural ground. 

NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608, 
8609 and 8710, Water Code. 

History 
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). 

§120. Levees. 

(a) Levees constructed, reconstructed, raised, enlarged, or modified 
within a floodway shall be designed and constructed in accordance with 
the U.S. Army Corps of Engineers manual, "Design and Construction of 
Levees'" (EM 1 1 1 0-2- 1913 dated March 31,1978. which is incorporated 
by reference) and as supplemented with the following standards: 

(1) Levee construction or reconstruction shall be designed by a civil 
engineer. 

(2) An engineering analysis that evaluates levee embankment and 
foundation stability shall be submitted to the board with the permit appli- 
cation. The analysis must verify that the levee is adequately designed and 
will be constructed to remain stable under loading conditions for "Case 
IV - Steady seepage from full flood stage" as defined in the Department 
of the Army manual, "Design and Construction of Levees" (EM 
1110-2-1913), pp.6-6, 6-7. 

(3) A detailed settiement analysis, using procedures such as those de- 
scribed in the Department of the Army manual, "Settiement Analysis" 



(EM 1 1 10-1-1904, dated September 30, 1990, which is incorporated by 
reference), must be submitted to the board. 

(4) A copy of all geotechnical studies and tests used in the design deter- 
mination of the levee shall be provided to the board when applying for 
a permit. 

(5) The applicant shall provide the board with a permanent easement 
granting the Sacramento and San Joaquin Drainage District all flood con- 
trol rights upon, over, and across the property to be occupied by the pro- 
posed flood control works. The easement must include the area within the 
proposed floodway, the levee section, and the area ten (10) feet in width 
adjacent to the landward levee toe if the area is not presently encumbered 
by a board easement. 

(6) All drains and abandoned conduits shall be removed from the pro- 
posed constaiction site prior to start of construction. 

(7) Prior to construction or enlargement of the embankment, all holes, 
depressions, and ditches in the foundation area shall be backfilled and 
compacted to a density equal to that of the adjacent undisturbed material. 

(8) Prior to construction or enlargement of the embankment, all sur- 
face vegetation shall be removed from the area to receive fill to a depth 
of six (6) inches. Organic soil and roots one and one-half (1-1/2) inches 
in diameter or larger, shall be removed from the area to receive fill lo a 
depth of three (3) feet. 

(9) An inspection trench shall be excavated to a minimum depth of six 
(6) feet beneath levees being constructed or reconstmcted to a height of 
six (6) feet or greater. If necessary to ensure a satisfactory foundation, the 
depth of the inspection trench may be required to exceed six (6) feet. 

(A) The minimum depth of an inspection trench excavated beneath le- 
vees to be constructed or reconstructed less than six (6) feet in height 
must be equal to the height of the design water surface above natural 
ground adjacent to the levee. 

(B) The inspection trench must have a minimum bottom width of 
twelve (12) feet, and the side slopes must be one (1) foot horizontal to 
four (4) feet vertical, or flatter. 

(C) The centerline of the inspection trench shall be located approxi- 
mately under the outer edge of the shoulder of the waterside levee crown. 

( 1 0) When subsurface explorations disclose a pervious substratum un- 
derlying a levee to be constructed or reconstructed, a cutoff trench must 
be excavated to an impervious stratum, where practical. 

(11) Cutoff trenches shall have a minimum bottom width of twelve 
(12) feet and the side slopes shall be one (1) foot horizontal to four (4) 
feet vertical, or flatter. 

( 1 2) Impervious material, with twenty (20) percent or more of its pass- 
ing the No. 200 sieve, and having a plasticity index of eight (8) or more, 
and having a liquid Hmit of less than (50), must be used for construction 
of new levees and the reconstruction of existing levees. Special construc- 
tion details (e.g., 4: 1 slopes) may be substituted where these soil proper- 
ties are not readily attainable. Where the design of a new levee structure 
utilizes zones of various materials or soil types, the requirements of this 
subdivision do not apply. 

(13) Fill material must be placed in four (4) to six (6) inch layers and 
compacted with a sheepsfoot roller, or equivalent, to a relative compac- 
tion of not less than ninety (90) percent per ASTM D 1557-91. dated 
1991, which is incorporated by reference and above optimum moisture 
content, or ninety-seven (97) percent per ASTM D698-9 1 , dated 1991, 
which is incorporated by reference and at or above optimum moisture 
content. 

(14) Fill material placed within two (2) feet of a structure must be com- 
pacted by appropriate hand operated compaction equipment. 

(15) Levee fill material must be free of stones or lumps exceeding three 
(3) inches in greatest dimension, and must be free of vegetative matter 
or other unsatisfactory material. 

(16) Fill material may only be placed within the area indicated on the 
submitted plans. 

( 1 7) Fill on levee slopes must be keyed into the existing levee section 
whenever there is substantial fill, as determined by the board. 



Page 4.15 



Register 96, No. 40; 10-4-96 



§120 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



(18) Each layer of fill material applied on a levee must be keyed into 
the levee section individually in four (4) to six (6) inch layers. 

(19) Density tests by a certified soils laboratory will be required to 
verify compaction of levee fill and trench backfill. 

(20) Ditches, power poles, standpipes. distribution boxes, and other 
above-ground structures located within ten (10) feet of the levee toe must 
be relocated a minimum distance often (10) feet beyond the levee toes. 

(21 ) Pipelines located alongside and within ten (10) feet of the levee 
toe must be relocated a minimum distance of ten (10) feet beyond the le- 
vee toe. 

(22) Construction work of any type may not be done on levees or with- 
in the floodway during the flood season (see Table 8. 1 ) unless authorized 
by the General Manager. 

(23) The areas adjacent to the levee must drain away from the levee 
toes for a minimum distance of ten ( 1 0) feet. 

(24) The finished slope of any project levee construction or recon- 
struction must be three (3) feet horizontal to one ( 1 ) foot vertical, or flat- 
ter, on the waterside and two (2) feet horizontal to one (1) foot vertical, 
or flatter, on the landside of the levee. 

(25) The finished slope of any bypass levee must be four (4) feet hori- 
zontal to one ( 1 ) foot vertical, or flatter, on the waterside and three (3) feet 
horizontal to one ( 1 ) foot vertical, or flatter, on the landside of the levee. 

(26) An existing levee section being reconstructed, realigned, or other- 
wise altered, and having encroachments that are located within the levee 
that are to be replaced or changed, must have detailed plans of the pro- 
posed encroachment changes approved by the board prior to start of con- 
struction. 

(27) The board may require the modification, as necessary, of existing 
pipelines within a levee section that is being raised to accomodate a high- 
er design water surface elevation in order to prevent seepage along the 
pipeline and to prevent backflow through the pipeline during the design 
event. 

(28) A set of "as constructed" drawings of any levee project shall be 
submitted to the board, the department and the Corps of Engineers upon 
completion of the project. 

(29) Stone revetment may be required on levee slopes where turbu- 
lence, flow, or wave action may cause erosion. 

(30) Grasses or other approved ground covers may be required on le- 
vee slopes. 

(3 1 ) The minimum crown width of a levee is normally twelve ( 1 2) feet 
on minor streams and twenty (20) feet on major streams. The levee crown 
width for a levee on a specific stream is defined by the project document 
and/or operations manual in current use and must be consistent with 
minimum width requirements of existing levees on the specific stream. 

(32) A levee having a crown width of fifteen (15) feet or less must have 
vehicular turnouts at approximately two thousand-five hundred (2,500) 
foot intervals if there is no existing access ramp within that distance. 

(33) As used in this section, the term "approved risk-based analysis" 



means an analysis which uses simulation modeling of river discharge 
versus probability of occurrence, river stage versus river discharge esti- 
mates, and river stage versus flood damage estimates and accounts for 
uncertainty in these functions to determine the performance of a pro- 
posed flood control feature. 

(A) All levees constructed or rcconstaicted must have a minimum of 
three (3) feet of freeboard above the design flood plane, or a crown eleva- 
tion no lower than designed using an approved risk-based analysis. 

(B) Unless designed using an approved risk-based analysis, the design 
freeboard of a levee to be constaicted or reconstructed must be appropri- 
ately increased when any of the following conditions exist: 

(i) High velocity streamflow. 
(ii) Excessive wave action. 

(iii) Excessive hydrologic, hydraulic, or geotechnical uncertainty in 
the levee design parameters. 

(C) Unless designed using an approved risk-based analysis, levees 
within one hundred (100) feet of a bridge, or other structure which may 
constrict floodflows, must have one (1) foot of additional freeboard. 

(b) Unreinforced pavement is not permitted on levee slopes. 

(c) Pavement for roadways and similar uses is permitted within ten 
(10) feet of the levee toe. 

(d) Pavement within ten (10) feet of the landside levee toe must have 
appropriate features that intercept seepage and prevent particle migra- 
tion. 

(e) Levee seepage control facilities (e.g., toe drains and toe ditches) 
must meet the following requirements: 

( 1 ) The seepage control facilities must be designed by a civil engineer. 

(2) All studies and calculations relating to design and maintenance of 
the seepage control facility must be submitted to the board with the per- 
mit application. 

(3) The appropriate rights-of-way for the seepage control facilities 
must be included in the levee easements. 

(f) See Figure 8.01 for illustrated details, dimensions, and terminology 
for levees and floodways. 

(g) If a proposed project which includes levee improvements would 
result in substantial residential development within an area that without 
the levee improvements would be subject to the Federal Emergency 
Management AgencyBs regulatory 100-year flood plain constraints, the 
board may require the permittee to mitigate for any increased average an- 
nual flood damage by increasing the level of protection provided by the 
levee improvement project, up to and including the Standard Project 
Flood. 

NOTE; Authority cited: Section 8571, Water Code. Reference: Sections 8608, 
8609 and 8710, Water Code. 

History 
1. New section and figure 8.01 filed 9-30-96; operative 10-30-96 (Register 96, 
No. 40). 



Page 4.16 



Register 96, No. 40; 10-4-96 



Typical Ftoodway Looking Downstream 



~l 



Ckon»Ml 




UiA to Scale 



C/tonn»/ t^ffo 



Laft Side 



Riaht Side 

(similar to teh side) 



ITEM 


MINIMUM OIMCNSIONS 
OF STANDARD LEVEt SECTIONS 


MAIN MIVCR 
CHAMNCl S 


«AJOH 

IRiauTARlCS 


IHlBUTAHiES 


an Pi*ss£5 


CHO*N WlDlM 


20' 


20' 


12' 


20 


LAND SLOPt 


I on 2 


1 on 2 


1 i»n 2 


t M 2 


WATtR StOPt 


1 0" J 


1 on 5 


( on 5 


i gn 5 


fHtt BOARD 


y '^' 


J 


i 


4' «e «' 


t'AtMUl hOAU *fiOlM 


(2' 


12 


10' 


«2' 


MOTt Ml 5 ftet un Mliui LhUfin«l 0«lo«« CuChf Stou4^ ( Sun omen to Wi»«rJ 



o 



§121 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



§121. Erosion Control. 

(a) Quarry stone, cobblestone, or their equivalent may be used for ero- 
sion control along rivers and streams if the material meets the criteria be- 
low. Typical sections delineating methods of placement and dimensions 
of revetment using rock and sacked concrete are shown in Figures 8.02 
and 8.03. 

( 1 ) Bedding materials must be placed under the stone protection at lo- 
cations where the underlying soils require such material for stabihzation, 
considering such factors as tidal fluctuation, wave action, and stream- 
flow velocity. 

(2) Cobblestone protection must be placed on prepared slopes of three 
(3) feet horizontal to one (1) foot vertical or flatter. 

(3) Cobblestone protection, having acceptable cobblestone grada- 
tions, may be used where streamflow velocities ten (10) feet from the 
bank do not exceed eight (8) feet per second. 

(4) Quarry stone protection must be placed on prepared slopes steeper 
than three (3) feet horizontal to one (1) foot vertical. 

(5) Quarry stone protection, meeting required gradations and sizes, 
may be used at locations where streamflow velocities ten ( 1 0) feet from 
the bank do not exceed twelve ( 1 2) feet per second. 

(6) Required gradations of cobblestone and quarry stone are as fol- 
lows: 



Cobblestone 


Quarry stone 


Stone 
Size 


Percent 
Passins 


Stone 
Size 


Percent 
Passim' 


15" 


100 


15" 


100 


10" 


55 to 95 


8" 


80 to 95 


8" 


35 to 65 


6" 


45 to 80 


6" 


10 to 35 


4" 


15 to 45 


3" 


1 to5 


2" 


0tol5 



(8) Where streamflow velocities ten (10) feet from the bank exceed 
twelve (12) feet per second, special cobble or quarry stone gradation is 
required. Flow retarding stnictures, such as retards, wing dams, and rock 
groins may be permitted at these high streamflow velocity sites. 

(9) Alternative bank protection materials may be permitted by the 
board. Possible alternatives include but are not limited to: sacked con- 
crete; broken concrete free of projecting steel; reinforced concrete; pre- 
cast concrete cribbing; and stone-filled gabion baskets. 

(10) Broken concrete used for levee revetment may be no larger than 
sixteen (16) inches at its maximum dimension. 

(11) Asphalt or other petroleum-based products may not be used as fill 
or as erosion control on a levee section or within a floodway. 

(12) The minimum thickness of revetment is eighteen (18) inches per- 
pendicular to the bank or levee slope below the usual water surface and 
twelve ( 1 2) inches above the usual surface. 

(13) Revetment must be uniformly placed and properly transitioned 
into the bank, levee slope or adjacent revetment. 

(b) When revetment is proposed by an applicant but not required by 
the board, the standards relating to revetment bedding, gradation, size, 
shape and thickness are recommended but not required. 
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608, 
8609 and 8710, Water Code. 

History 

1 . New section and figures 8.02 and 8.03 filed 9-30-96; operative 10-30-96 (Reg- 
ister 96, No. 40). 



(7) Graded cobblestone and quarry stone must be placed in a manner 
which avoids segregation. 



Page 4.18 



Register 96, No. 40; 10-4-96 



Title 23 



Reclamation Board 



§121 



Erosion Control - Rock 




\r^ — |-I0' 4. 



DEAL SITUATIOV 
FLAT STREAM BED 



Figure a02 



Page 4.19 



Register 96, No. 40; 10-4-96 



§121 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



Sacked Concrete 



'^OP OP BANK -^ 




STRETCHERS 



2 WEEP PIPES 
10' rc \Z' CENTERS 
THROUGHOUT 



nLTER 



STRETCHERS 



Figure 8.03 



Page 4.20 



Register 96, No. 40; 10-4-96 



Title 23 



Reclamation Board 



§123 



§ 122. Irrigation and Drainage Ditches, Tile Drains, and 
Septic Systems. 

(a) Irrigation ditclies, drainage ditches, and similar facilities must sat- 
isfy the following criteria: 

( 1 ) All ditches must be located at least ten ( 1 0) feet from the levee toe. 

(2) The bottom of any agricultural ditch must be located above the 
projected levee slope. Accordingly, a deep ditch may need to be located 
farther than the minimum ten (10) feet from the levee toe. (See Figure 
8.01.) 

(b) Tile drains, septic systems, and similar facilities must satisfy the 
following criteria: 

( 1 ) All tile drains, septic tanks, or leach fields must be located at least 
ten (10) feet from the levee toe. 

(2) The bottom of any tile drain, septic tank, or leach field must be lo- 
cated above the projected levee slope. 

(3) Positive closure valves may be required on a tile drain pipehne to 
prevent backflow. 

NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608 and 
8710, Water Code. 

History 
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). 

§ 123. Pipelines, Conduits, and Utility Lines. 

(a) The following definitions apply to this section: 

(1) Delta Lowlands. "Delta Lowlands" means those lands within the 
Sacramento-San Joaquin Delta that are approximately at the five- (5) 
foot contour and below as shown in Figure 8.04. 

(2) Delta Uplands. "Delta Uplands" means those lands within the Sa- 
cramento-San Joaquin Delta that are above the five- (5) foot contour as 
shown in Figure 8.04. 

(b) Pipelines, conduits, utility lines, and appurtenant structures must 
conform to the following criteria: 

(1) Pipelines, conduits, utility lines, utility poles, and appurtenant 
structures may not be installed within the levee section, within ten (10) 
feet of levee toes, or within the floodway during the flood season unless 
authorized by the General Manager based on reservoir levels, stream lev- 
els, and forecasted weather conditions on a case-by-case basis, pursuant 
to section 11. 

(2) Appurtenant structures such as standpipes, utility poles, distribu- 
tion boxes, guy wires, and anchors, but not including siphon breakers, are 
generally not permitted in or below the levee crown, on the levee slopes, 
or within ten (10) feet of the levee toes. Appurtenant structures may be 
permitted where they will not interfere with levee maintenance or flood 
fight activities. 

(3) Appropriate, visible markers acceptable to the local maintaining 
agency may be required to identify the location of buried pipelines, con- 
duits, and utility lines. A siphon breaker or other visible appurtenance 
may be considered an acceptable marker for the attached buried line. 
Markers must be made of durable, long lasting, fire-resistant material, 
and must be maintained by the permittee until the pipeline, conduit or 
utility line is properly abandoned. 

(4) Pipelines, conduits, and utility lines that pose a threat or danger to 
levee maintenance or flood fight activities, such as high-voltage lines, 
gas lines, and high pressure fluid lines, must be distinctively labeled to 
identify the contents. 

(5) Buried high-voltage lines of greater than twenty-four (24) volts 
are required to be protected with schedule 40 PVC conduit, or equivalent. 

(6) Overhead electrical and communication lines must have a mini- 
mum vertical clearance above the levee crown and access ramps of twen- 
ty-one (2 1 ) feet for lines carrying 750 volts or less, and twenty-five (25) 
feet for lines carrying higher voltage. 

(7) Fluid- or gas-carrying pipelines installed parallel to a levee must 
be a minimum distance of ten (10) feet from the levee toe and, where 
practical, may not encroach into the projected levee slope. 



(8) Low-voltage electrical or communication lines of twenty-four 
(24) volts or less may be installed parallel to a levee and within ten (10) 
feet of the levee toe when it is demonstrated to be necessary and to not 
interfere with the integrity of levee, levee maintenance, inspection, or 
flood fight procedures. 

(9) The board may require the applicant to have any pipelines, con- 
duits, ufility lines and appurtenant structures designed by a registered 
civil engineer. 

(c) Pipelines, conduits, and utility lines installed within the floodway 
must conform to the following additional conditions: 

(1 ) Pipelines, conduits, and utility lines installed within the floodway 
must have a minimum cover of five (5) feet beneath the low-water chan- 
nel, and a minimum of two (2) feet in the remaining area of the floodway. 
A greater depth of cover may be required based upon the feasibility of 
achieving the required cover or local soil stability and channel hydrau- 
hcs. 

(2) Open-trench backfill to cover pipes must be placed in a manner 
consistent with floodway characteristics such as erosion, deposition, and 
streamflow velocities. This requirement is generally ensured by using 
suitable material and compacting to the density of adjacent undisturbed 
material. Compaction tests by a certified soils laboratory may be re- 
quired. 

(3) In general, any standard material may be used for pipelines or con- 
duits to be installed within the floodway ten (10) feet or more from the 
levee toe or the projected levee slope. 

(4) All debris that accumulates around utility poles and guy wires 
within the floodway must be completely removed following the flood 
season and immediately after major accumulations. 

(5) Pipelines and conduits which are open to the waterway and which 
could cause flood damage from uncontrolled backflow during the design 
flood event shall have a readily accessible positive closure device. A flap 
gate is not a positive closure device. 

(d) Pipelines, conduits, and utility lines installed through a levee must 
conform to the following additional conditions: 

(1) The installation of a fluid- or gas- carrying pipeline in a levee sec- 
tion or within ten (10) feet of the toe parallel to the centerline is not per- 
mitted. 

(2) Pipelines, conduits, and utility lines must be installed through a le- 
vee as nearly at a right angle to the levee centerline as practical. 

(3) Buried pipelines, conduits, and utility lines that do not surface near 
the levee toes must have location markers near both levee toes. 

(4) Buried pipelines, conduits, and utiUty lines that cross the levee at 
right angles must have a location marker located on the levee slope adja- 
cent to either shoulder. 

(5) Buried pipelines, conduits, and ufility lines that cross the levee at 
other than right angles must have location markers on the levee slopes 
adjacent to each shoulder. 

(6) Pipelines carrying gas or fluids under pressure must be confirmed 
free of leaks during construction by pressure tests. X-ray, or equivalent 
methods, and must be tested anyfime after construction upon request of 
the board. 

(7) Pipelines carrying gas or fluids under pressure must have a readily 
accessible rapid closure device located within ten ( 1 0) feet of the landside 
levee toe. 

(8) Pipelines and conduits open to the waterway must have a readily 
accessible positive closure device unless it can be demonstrated it is not 
necessary. A flap gate is not a positive closure device. 

(9) The side slopes of trenches excavated for the installation of pipe- 
Unes, conduit, or utility lines may be no steeper than one ( 1 ) foot horizon- 
tal to one (1) foot vertical. The following are excepfions to this maximum 
slope requirement: 

(A) For shallow installafions above the flood plane, e.g., twelve (12) 
inches, vertical side slopes may be allowed. 



Page 4.21 



Register 96, No. 40; 10-4-96 



§123 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



(B) For that portion of the trench above the design freeboard, vertical 
side slopes may be allowed. 

(10) The bottom width of trenches excavated for the installation of a 
pipeline, conduit, or utility line must be two (2) feet wider than the diame- 
ter of the pipeline or conduit, or two (2) times the pipe diameter, whichev- 
er is greater. 

(11) The minimum cover for pipelines, conduits, and utility lines in- 
stalled through the levee crown is twenty-four (24) inches. If it becomes 
necessary to raise a levee crown to provide minimum cover, the longitu- 
dinal slope of the crown must be a minimum of ten (10) feet horizontal 
to one (1) foot vertical. Where twenty-four (24) inches of cover is not 
practical, a concrete or other engineered cover is required. 

(12) The minimum cover for pipelines, conduits, and utility lines in- 
stalled within the levee slope is twelve ( 1 2) inches. Where the installation 
will not interfere with levee maintenance or flood fight activities, it may 
not be necessary to bury the line within the levee slopes. 

(13) When practical, pipelines, conduits, and utility lines installed 
within a levee section must be separated from parallel pipelines, con- 
duits, and utility lines by a minimum of twelve ( 1 2) inches, or the diame- 
ter of the largest pipeline, conduit, or utility line, whichever is larger, to 
a maximum of thirty-six (36) inches. 

(14) When practical, pipelines, conduits, and utility lines must have a 
minimum vertical spacing of six (6) inches when crossing other pipe- 
lines, conduits, or utility lines. 

(15) A siphon breaker with a protective housing may be required and 
must be installed off the levee crown roadway where it will not interfere 
with levee maintenance. 

(16) Electrical and communication lines installed through a levee or 
within ten ( 1 0) feet of a levee toe must be encased in schedule 40 PVC 
conduit or equivalent. Low-voltage lines (24 volts or less) and fiber optic 
cable may be allowed without conduit if properly labeled. 

(17) A standard reinforced concrete U-wall for levee erosion protec- 
tion is required at the outlet end of a pipeline or conduit discharging with- 
in ten ( 1 0) feet of a levee toe. See Figures 8.05 and 8.06 for U-Wall de- 
sign criteria. 

(18) Existing levee erosion protection must be restored by the permit- 
tee if it is damaged during the installation of a pipeline, conduit, or utility 
line. 

(19) The permittee must replant or reseed levee slopes to restore sod, 
grasses or other nonwoody ground covers that are destroyed or damaged 
during the installation of a pipeline, conduit, or utility line. 

(20) Within the levee or within ten (10) feet of levee toes, any excava- 
tion for the installation of a pipeline, conduit, or utility line must be back- 
filled in four (4) to six- (6) inch layers with approved material and com- 
pacted to a relative compaction of not less than ninety (90) percent, per 
ASTM D1557- 91, dated 1991, which is incorporated by reference and 
above optimum moisture content or ninety-seven (97) percent, per 
ASTM D698-91, dated 1991, which is incorporated by reference and at 
or above optimum moisture content. Compaction tests by a certified soils 
laboratory will be required to verify compaction of backfill within a le- 
vee. 

(2 1 ) Boring a pipeline or conduit through a levee is permitted if the fol- 
lowing additional conditions are met: 

(A) The invert of the pipeline or conduit must be located at least three 
(3) feet above the design flood plane. 

(B) The pipeline or conduit must be butt-welded. Polyethylene pipes 
may be used as provided in subdivisions (f)(4)(A), (f)(4)(B), and 
(f)(4)(C) of this section. 

(C) The pipeline or conduit must be installed by the bentonite boring 
method or equivalent. The bentonite boring method uses an auger fol- 
lowed by a pipe with multiple port openings through which a bentonite 
slurry is pumped to ensure sealing of any voids resulting from the boring 
process. 



(e) Pipelines, conduits, and utility lines may be installed by the open 
cut-method through a levee below the design flood plane, or within the 
levee foundation under the following conditions: 

(1 ) One or more of the following conditions must apply: 

(A) The pipehne, conduit, or utility line will be maintained by a public 
agency with a history of good maintenance based upon annual mainte- 
nance or inspection reports. 

(B) The levee is designed to withstand a depth of less than six (6) feet 
of water measured with respect to the elevation of the landside levee toe. 

(C) The levee is designed to withstand a depth of less than twelve ( 1 2) 
feet of water measured with respect to the elevation of the landside levee 
toe and provides flood protection for a rural area, or an area where the 
board anticipates little future urban development. 

(2) Pipelines open to the waterway must be a minimum of thirty (30) 
inches in diameter, and must have a readily accessible positive closure 
device installed on the waterward side. 

(3) Seepage along pipelines, conduits, and utility lines must be pre- 
vented by either of the following methods: 

(A) The pipeline, conduit, or utility line is encased in reinforced con- 
crete cast against firm undisturbed earth. 

(B) The conduit has reinforced concrete battered walls at an inclina- 
tion of one (1) foot horizontal to four (4) feet vertical or flatter. 

(4) The work must commence and be completed prior to the flood sea- 
son. 

(5) Levees located within the Sacramento-San Joaquin Delta low- 
lands may only be cut below the design flood plane after appropriate en- 
gineering studies are performed and approved. 

(f) Pipelines, conduits, and utility lines may be installed under a levee 
or stream channel by tunneling, jacking, or boring, if the following condi- 
tions are met: 

( 1 ) The pipeline, conduit, or utility line is at least thirty (30) feet under 
the levee. 

(2) The pipeline, conduit, or utility line is verified to have the required 
cover. A greater depth of cover may be required based upon the feasibil- 
ity of achieving the required cover or on local soil stability and channel 
hydraulics. 

(3) If the installation is to be more than fifty (50) feet below the levee 
and the entire floodway and streambed, the board may waive the require- 
ment for a permit provided a letter of intent is filed with the board prior 
to commencement of the project. 

(4) The portal and outlet of a tunnel, jacking, or boring must be a mini- 
mum distance of ten (10) feet beyond the projected levee slope without 
an approved stability and seepage analysis. 

(5) Installation may occur during the flood season and when the water 
surface elevation in the floodway is expected to be above the elevation 
of the landside levee toe if adequate containment cells are constructed at 
the portal and ouUet. 

(6) The installation of a pipeline, conduit, or utility line under levees 
in the Sacramento-San Joaquin Delta lowlands requires adequate con- 
tainment cells at the portal and outlet when the installation is less than 
fifty (50) feet below the streambed and levee toes. 

(7) Pipelines carrying gas or fluids under pressure below a levee must 
have provision for rapid closure. 

(8) Pipelines and conduits open to the waterway and below a levee 
must have a positive closure device which is accessible at all times unless 
it is demonstrated to be unnecessary. A flap gate is not a posifive closure 
device. 

(g) The following pipe materials are allowed within a levee section 
when designed to resist all anticipated loading condiUons and properly 
installed: 

(1) Galvanized iron pipe is allowed if all joints are threaded. Galva- 
nized iron pipe joints must be corrosion protected with PVC tape or poly- 
ethylene tape wrapped to a thickness of thirty (30) mils or equivalent. 



Page 4.22 



Register 96, No. 40; 10-4-96 



Title 23 



Reclamation Board 



§123 



(2) Schedule 80 polyvinyl chloride (PVC) pipe is allowed if it is entire- 
ly buried, all joints are threaded and the components were continually 
protected from ultraviolet radiation damage or were newly manufac- 
tured. 

(3) Polyvinyl chloride (PVC) plastic pipe schedule 40. or better, may 
be used as a conduit for power or communication cables. 

(4) High-density polyethylene pipe may be used for pipeline or con- 
duit installations provided the following conditions are met: 

(A) High-density polyethylene pipeline or conduit joints must be heat 
or electrofusion welded (ASTM Standard Fl 055-93, dated 1993 or 
D3261-93, dated 1993 which is incorporated by reference). 

(B) High-density polyethylene pipelines and conduits must be de- 
signed to resist all anticipated loading conditions, and the design calcula- 
tions must be submitted to the board. 

(C) High-density polyethylene pipelines and conduits must be ultra- 
violet radiation protected. 

(5) Cast-in-place reinforced concrete pipes and box culverts may be 
used above and below the design tlood plane if the concrete is at least six 
(6) inches thick. 

(6) Precast reinforced concrete pipes and box culverts and concrete 
cylinder pipes may be used above and below the design flood plane if the 
following conditions are met: 

(A) Precast reinforced concrete pipe meets ASTM Specification 
C76-90. dated 1 990 which is incorporated by reference. 

(B) Precast reinforced concrete pipe joints and precast box culvert 
joints are encased in reinforced concrete cast-in-place against firm un- 
disturbed earth. 

(C) The cylinders of concrete cylinder pipes are welded and corrosion 
protected internally and externally. 

(D) When installed below the design flood plane, precast reinforced 
concrete pipe and concrete cylinder pipe must be encased below the 
springline in concrete cast against undisturbed earth. 

(7) Steel pipe may be used for all types of pipeline or conduit installa- 
tions through a levee above the design flood plane if the pipe meets the 
following requirements: 



(A) The steel pipe is resilient and not materially reduced in quality due 
to weathering, prior use or other deteriorating conditions. 

(B) The steel pipe joints are butt-welded or threaded. 

(C) The steel pipe installations are corrosion-proofed externally with 
a coating of material such as coal-tar enamel, asphalt-dipped wrap, mor- 
tar, PVC tape, or polyethylene tape wrapped to a thickness of thirty (30) 
mils, high solids epoxy, or equivalent. 

(D) Unless a continuous internal lining of cement, mortar, or equiva- 
lent is provided, as appropriate for the fluid to be conveyed, new steel 
pipe installations may convey only non- corrosive material, and water is 
considered corrosive. 

(E) Steel pipe installations must be designed to resist all anticipated 
loading conditions, and the design calculations must be submitted to the 
board. Steel pipe meeting the following criteria may be used without sub- 
mittal of design calculations to the board: 

(i) Twelve- ( 1 2) inches in diameter or less ten- ( 1 0) gauge steel pipe. 

(ii) Greater than twelve- (12) inches and a maximum of thirty- (30) 
inches in diameter seven- (7) gauge steel pipe. 

(iii) Greater than thirty- (30) inches and a maximum of forty-eight 
(48) inches in diameter three- (3) gauge steel pipe. 

(h) The following materials are not allowed for pipelines or conduits 
used to carry natural gas or fluids: 

( 1 ) Aluminum pipe within a levee section or within ten (10) feet of le- 
vee toes. 

(2) Cast iron pipe within a levee section or within ten ( 1 0) feet of lev ee 
toes. 

(3) Pipe with flanges, flexible couplings, or other mechanical cou- 
plings within a levee section or within ten (10) feet of levee toes. 

(4) Prestressed concrete pipe within a levee section or within ten (10) 
feet of levee toes. 

NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608, 
8710 and 8712, Water Code. 

History 
I . New section and figures 8.04. 8.05 and 8.06 filed 9-30-96; operative 1 0-30 96 
(Register 96, No. 40). 



Page 4.23 



Register 96, No. 40; 10-4-% 



§123 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



i 

\ 



DELTA SERVICE^ AREA 




tEGEHO 
0*n« BoundWT - Saclioo 12270 0( >M 



HT^>■1•4 tram n«»«%y 

out* UpMoM - TheM iandi tt)a>* in* iiir«-)eoi coMour 
■>■• LOirtind l>*n> ensnnwi 

DMIt Unrtan* - Thu** txida tpSloiKWialy •! A* 
ffva-tOlM contour and b«MM» 



SACAJtMEMTO - 9*** jOAOUm OEl r4 



Figure 8.04 



Page 4.24 



Register 96, No. 40; 10-4-96 



Title 23 



Reclamation Board 



§123 



"U" Wail Reinforcing Detail Below 
Flood Plane - Reinforced Concrete Box 




B-B ELEVATIONS C-C 



r.~r. ' 



RCiNrORCCD COMCRCTC 'U* WAUL ' 

t 


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UINOSIOC MCAOWAU. UEVCC SlOIK i ON 2 


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Ftgun a05 



Page 4.25 



Register 96, No. 40; 10-4-96 



§123 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



'U" Walt Reinforcing^ Gate Risar and Flashboard Detail 
Below Flood Plane " Reinforced Concrete Box 




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GATt RISER DETAIL 



Figure &06 



Page 4.26 



Register 96, No. 40; 10-4-96 



Title 23 



Reclamation Board 



§124 



§ 124. Abandoned Pipelines and Conduits. 

(a) Abandoned pipelines, conduits, and all appurlenances (such as 
pumps, standpipes. or positive closure structures) that are located within 
a levee section, within the projected levee section, or within ten (10) feet 
of the levee toes shall be completely removed, when practical, and dis- 
posed of outside the floodway. 

( 1 ) When the invert of an abandoned pipeline or conduit within a levee 
is above the design flood plane elevation, the pipeline or conduit must be 
removed. 

(2) An abandoned pipeline or conduit located within one ( 1 ) foot of the 
surface of the levee slope shall be removed. 

(3) When the invert of an abandoned pipeline or conduit within a levee 
is six (6) feet or less below the design flood plane elevation, the board 
may require the removal of the pipeline or conduit. 

(4) The side slopes of an excavation to remove an abandoned pipeline 
or conduit from within a levee must be one ( 1 ) foot horizontal to one ( 1 ) 
foot vertical or flatter. 

(5) After any pipeline, conduit, or appurtenance is removed from a le- 
vee, approved backfill shall be keyed into the levee section with each lift 
and compacted in four- (4) to six- (6) inch layers with a relative compac- 
tion of not less than ninety (90) percent, per ASTM D 1557-91. dated 
1991, which is incorporated by reference and above optimum moisture 
content. 

(6) Compaction tests by a certified soils laboratory will be required to 
verify compaction of backfill within a levee or within the projected levee 
section. 

(b) Abandonment of pipelines and conduits within a floodway must be 
in a manner consistent with the following: 

(1) After any pipeline, conduit or appurtenance is removed from a 
floodway, open-trench backfill must be placed in a marmer consistent 



with the local conditions. Erosive stream reaches will require methods 
that compact the backfill to at least the density of that of adjacent soils. 
Compaction tests by a certified soils laboratory may be required to verify 
compaction within the floodway. 

(2) Abandoned pipelines or conduits within the berm and within thirty 
(30) feel of the top of the streambank must not be filled with concrete but 
may be removed if exposed by bank erosion. 

(c) If it is determined by the board that it is impractical or detrimental 
to the levee to remove an abandoned pipeline or conduit from a levee sec- 
tion, the pipeline or conduit must be completely filled with concrete. 

(1) Concrete to be used to fill an abandoned pipeline or conduit must 
be a three- (3) sack cement mix, or equivalent, with aggregate having a 
maximum size of three-eighths (3/8) inch, and a water content sufficient 
to produce a six- (6) to eight- (8) inch slump. 

(2) A detailed plan for filling an abandoned pipeline or conduit with 
concrete may be required to be submitted for approval by the board prior 
to start of work. 

(3) A pipeline or conduit to be filled with concrete must have a mini- 
mum cover of three (3) feet below the waterward levee slope. 

(4) See Figure 8.07 for illustrated details on sealing abandoned pipe- 
lines and conduits. 

(d) Concrete pipes may be plugged with concrete at each end as an al- 
ternative to complete filling. The length of each plug shall be a minimum 
of two (2) feet or twice the diameter of the pipe, whichever is greater. 
NOTE; Authority cited: Section 8571, Water Code. Reference: Sections 8608 and 
8710, Water Code. 

History 
1. New section and figure 8.07 filed 9-30-96; operative 10-30-96 (Register 96, 
No. 40). 



Page 4.27 



Register 96, No. 40; 10-4-96 



§124 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



Sealing Abandoned Pipas 



Landside 



Riverside 




CUT HOLE IN TOP 

OF PIPE a flittTALL 

9R00T COHHSCTtOH 



REMOVE 



2* ABOVE TOP OF PIPE 
OR ABOVE WATER LEVEL 



WELDED STEEL PLATE 
OR 2 CONCRETE PLUG 
iH CONCRETE PIPES 



WELOfO STEEL PLATE 
OR 2 CONCRETE PUiO 
IN CONCRETE RPCS 



Grouting or concrete fill of abandoned pipes below flood plane 



FjQure a 07 



Page 4.28 



Register 96, No. 40; 10-4-96 



Title 23 



Reclamation Board 



§127 



§125. Retaining Walls. 

(a) Retaining walls within an adopted plan of flood control must com- 
ply with the following requirements: 

(1) Retaining walls greater than three (3) feet in height must be de- 
signed by a licensed civil engineer. 

(2) Retaining walls may be of reinforced concrete, concrete gravity 
section, or of equivalent material and durability. 

(3) Retaining walls in the landside levee slope must have appropriate 
features that intercept seepage and prevent particle migration. 

NOTE: Authority cited: Section 8371, Water Code. Reference: Sections 8606, 
8609 and 8710, Water Code. 

History 
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). 



§ 126. Fences and Gates. 

(a) Fences within a floodway, on a levee, or near a levee must conform 
to the following: 

(1) Fences, walls, and similar structures are permitted within flood- 
ways if they do not obstruct floodflows or cause the accumulation of de- 
bris that would obstruct floodflows. 

(A) Fences firmly anchored and constructed parallel to the streamflow 
are normally permitted. 

(B) Fences not parallel to the streamflow shall be designed and con- 
structed to not adversely affect stages and velocities. 

(2) All fences parallel to a levee must be located a minimum distance 
of ten ( 1 0) feet off the levee toe. 

(3) Fences crossing a levee, where permitted, must be installed at a 
right angle across the levee. 

(4) Fences crossing a levee crown must have an opening a minimum 
of fourteen (14) feet in width or a suitable gate installed on the levee 
crown. 

(5) After January 1, 1998, new fences that are designed to give way 
during high water events shall not be allowed on the water side of a levee. 
Fences proposed to be constructed after January 1 , 1 998 on the water side 
of a levee that are partially or wholly under water during high water 
events, and that are located within state maintenance areas within city 
limits under the jurisdiction of the board, shall be constructed so as to be 
removable by the permittee in segments during times of high water 
events as the water level rises up the levee. The permittee shall remove 
fence segments at its own expense during high water events so that no 
part of any fence on the water side levee slope is submerged. 

(6) Where the distance between fences would be so close as to interfere 
unreasonably with levee inspection, maintenance and flood fight activi- 
ties, the board may deny approval for additional fences. 

(7) If, in the opinion of the board, a fence becomes unnecessary due 
to changes in location of public access points or construction of other 
fences, the permittee must remove the fence at the request of the board. 

(b) Gates within a floodway or on a levee must conform to the follow- 
ing: 

(1) The gate width on a levee crown must match or exceed the width 
of the levee crown with a minimum gate width of fourteen (14) feet. A 
gate width exceeding twenty (20) feet is normally not required. A gate 
width of twelve (12) feet may be allowed on levees within urban areas 
if the levee maintenance equipment and any agricultural equipment 
which must use the gates is less than twelve feet in width. 

(2) Cable or chain gates are not permitted across a levee crown or 
across a levee access ramp. 

(3) Gates shall be hinged, and constructed to provide for ease of opera- 
tion, maximum longevity, and public safety. 

(4) Gates may be opened by authorized Department of Water Re- 
sources and maintenance personnel and must remain open when required 
for levee inspections, maintenance, construction, high water patrol, and 
flood fight activities. 

(5) Where the distance between gates would be so close as to unrea- 
sonably interfere with levee inspection and maintenance, the board may 
deny approval for additional gates. 



(6) If, in the opinion of the board, a gate becomes unnecessary due to 
changes in location of public access points or construction of other gates, 
the permittee must remove the gate at the request of the board. 

(7) Keys shall be provided to local the maintaining agency and the De- 
partment of Water Resources for all locks on gates providing access to 
the floodway, levee ramp, levee toe, and along the levee crown. 

(c) If the board approves an activity or encroachment that directly or 
indirectly may result in future unauthorized encroachments (e.g.. ap- 
proving levee modifications associated with a new residential develop- 
ment adjacent to the levee), the board may require the permittee to con- 
struct a fence parallel to the levee at a distance of ten (10) feet from the 
landside levee toe. If a fence is required, it must conform to board stan- 
dards. 

(d) No fence, wall or other barrier may interfere with or preclude legal 

public access. 

NOTE: Authority cited: Sections 8.'S71 and 8709.3, Water Code. Reference: Sec- 
tions 8608, 8609, 8709.3 and 8710, Water Code. 

History 

1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). 

2. New subsection (a)(5), subsection renumbering, and amendment of Noti-, filed 
2-13-98 as an emergency; operative 2-13-98 (Register 98, No. 7). A Certifi- 
cate of Compliance must be transmitted to OAL by 6-15-98 or emergency lan- 
guage will be repealed by operation of law on the following day. 

3. New subsection (a)(5). subsection renumbering, and amendment of NoTh re- 
filed 6-1 1-98 as an emergency; operative 6-1 1-98 (Register 98, No. 24). A 
Certificate of Compliance must be transmitted to OAL by 1 0-9-98 or emergen- 
cy language will be repealed by operation of law on the following day. 

4. Certificate of Compliance as to 6-1 1-98 order transmitted to OAL 10-2-98 and 
filed 1 1-16-98 (Register 98, No. 47). 



§ 127. Boating Facilities. 

(a) The standards for construction of wharves, piers, docks, boat 
houses, ramps, and similar boating facilities, are as follows: 

(1) Boat ramps may not be cut into the levee section, but may be cut 
into a berm or placed on a fill. 

(2) Boating facilities must be properly anchored to prevent breakaway 
during floodflows. Acceptable anchoring methods are as follows: 

(A) Driven piling must meet the following criteria: 

(i) Timber piles must be a minimum of twelve (12) inches in diameter 
and must be pressure treated. 

(ii) The elevation of the top of each pile must be a minimum of two (2) 
feet above the design flood plane. 

(B) Concrete deadmen must meet the following criteria: 

(i) The concrete deadman must be of sufficient size to restrain the boat- 
ing facility and be a minimum of one (1) cubic yard of concrete. 

(ii) The concrete deadman must be attached to the floating facility with 
a steel cable, or equivalent, of sufficient size to restrain the facility. 

(3) All appurtenant facilities, including utilities and walkways, in- 
stalled on or through a levee section to provide service to wharves, piers, 
or docks, must conform to the appropriate secfion of the standards. 

(b) After each period of high water, all debris caught by a boating facil- 
ity must be cleared and disposed of outside the limits of the floodway and 
levee section. 

(c) In the event that levee or bank erosion injurious to the adopted plan 
of flood control occurs at or adjacent to a boating facility, the permittee 
of the boating facility is responsible for the repair of the eroded area, and 
for the placement of adequate revetment to prevent further erosion. 

(d) Any existing levee revetment or bank revetment damaged during 
the construction or operadon of a boating facility must be restored to its 
original condition by the permittee of the boating facility. 

(e) The levee crown may not be used for parking boat trailers or motor 
vehicles except where there is adequate crown roadway width to provide 
twenty (20) feet of unobstructed clearance for two-way vehicular traffic. 

(f) Boating materials, equipment or accessories may not be stored on 
levee slopes. 

(g) Floatable boating materials, equipment, or accessories must be se- 
curely anchored when stored in the floodway during the flood season. 



Page 4.29 



Register 98, No. 47; 11-20-98 



§128 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



(h) Boating materials, equipment, or accessories may be stored on the 
levee crown if storage does not prevent adequate inspection and mainte- 
nance of the levee, does not obstruct flood fight procedures, and the fol- 
lowing additional requirements are met: 

( 1 ) There is adequate levee crown roadway width to provide a mini- 
mum of twenty (20) feet of unobstnfcted clearance for two- way vehicu- 
lar traffic. 

(2) Where a public road or highway is on the levee crown, the design 
width of the roadway, including the roadway shoulders, must remain 
clear. 

(3) Boating materials, equipment, or accessories may not be stored 
within fourteen (14) feet of the landward levee shoulder. 

(4) Boating materials, equipment or accessories may be stored to with- 
in fourteen ( 1 4) feet of the waterward leve e shoulder provided the water- 
ward levee slope is revetted to the standards in section 121. 

(5) Boating materials, equipment, or accessories may not be stored 
within thirty (30) feet of the waterward levee shoulder of a levee having 
an unrevetted waterward slope. 

NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 
8609 and 8710, Water Code. 

History 
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). 



§128. Bridges. 

(a) The standards for constaiction or modification of bridges within an 
adopted plan of flood control are as follows: 

( 1 ) Any excavation within the levee section or near bridge supports 
within the floodway must be backfilled in four- (4) inch to six- (6) inch 
layers with approved material. The levee section must be compacted to 
a relative compaction of not less than ninety (90) percent per ASTM 
D 1557-9 1 , dated 1 99 1 , which is incorporated by reference and above op- 
timum moisture content. Compaction within the floodway must be to the 
density of the adjacent undisturbed material. 

(2) Compaction tests by a certified soils laboratory may be required to 
verify compaction. 

(3) Bridge piers and bents within the floodway must be constructed 
parallel to the direction of streamflow. 

(4) Bridge piers and bents placed within a floodway to support a wid- 
ened portion of an existing bridge must be constructed in line with exist- 
ing bents and piers. 

(5) Erosion control may be required on the channel banks or levee 
slopes upstream and downstream of a proposed bridge. 

(6) Drainage from a bridge or highway may not be discharged onto a 
levee section or streambank. 

(7) Plans showing all construction facilities (such as temporary stag- 
ing, coffer dams, and falsework) which will remain in a floodway during 
flood season, must be submitted to the board for approval prior to instal- 
lation of these facilities. 

(8) All construction facilities (such as temporary staging, coffer dams, 
and falsework) must be designed to prevent bank erosion during normal 
flows and to maintain maximum channel capacity during the flood sea- 
son. 

(9) Stockpiled material, temporary buildings, construction equipment, 
and detours that obstruct streamflows must be removed from floodways 
prior to the flood season. 

(10)(A) The bottom members (soffit) of a proposed bridge must be at 
least three (3) feet above the design flood plane. The required clearance 
may be reduced to two (2) feet on minor streams at sites where significant 
amounts of stream debris are unlikely. 

(B) When an existing bridge being widened does not meet the clear- 
ance requirement above the design flood plane, the bottom structural 
members of the added section may be no lower than the bottom structural 
members of the existing bridge, except as may be caused by the extension 
of existing sloped structural members. 

(C) When the clearance requirement above design flood plane would 
result in bridge approach ramp fill in the floodway, the clearance require- 



ment may be reduced to the extent that reasonably balances clearance and 
fill that would obstruct flow, so as to maintain maximum channel capac- 
ity. 

( 1 1 )(A) Vehicular access from the roadway to the levee crown may be 
required at each end of a bridge. 

(B) Vehicular access from the levee crown to the floodway and/or the 
landside levee toe beneath the bridge may be required. Ramps may slope 
upstream as necessary to provide the access required by this subdivision. 

( 1 2) Approved gates must be installed at right angles across the levee 
crown at all points of access to the levee from each end of a bridge. 

(13) Any bridge abandoned or being dismanUed must be completely 
removed, and must be disposed of outside the limits of the levee section 
and floodway. 

(14) Pilings, piers, bents, and abutments of bridges being dismantled 
must be removed to at least one ( 1 ) foot below the natural ground line and 
at least three (3) feet below the bottom of the low water channel. 

(15) Any bridge that is damaged to the extent that it may impair the 
channel or floodway capacity must be repaired or removed prior to the 
next flood season. 

(16) Replacement railroad bridges must have the soffit members no 
lower than those of the replaced bridge, but are not required to have a spe- 
cified amount of clearance above the design flood plane. 

( 1 7) Bridge replacements and new bridges shall be built at an elevation 
so that there is no depression in the crown of the levee. 

(b) The standards for maintenance of bridges within an adopted plan 
of flood control are as follows: 

( 1 ) The area in and around a bridge site must be kept clear to maintain 
the design flow capacity. 

(2) Trees, brush, sediment, and other debris must be kept cleared from 
the bridge site and be disposed of outside the limits of the floodway prior 
to the flood season. 

(3) Any accumulation of debris during high flows must be immediate- 
ly removed from a bridge site and disposed of outside the floodway. 

NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608, 
8609 and 8710, Water Code. 

History 
1. New section filed 9-30-96; operaUve 10-30-96 (Register 96, No. 40). 



§ 1 29. Water, Oil, and Gas Weils. 

(a) Water wells and any appurtenant structures must be located a mini- 
mum distance of ten (10) feet from a levee toe. 

(b) Oil wells, gas wells, and any appurtenant structures must be located 
a minimum distance of thirty-five (35) feet from a levee toe. 

(c) Access roads, foundation pads, and stockpiled excavated material 
within a floodway are normally limited to an elevation of three (3) feet 
above the natural ground. However, if it is determined by the board that 
such facilities constructed to the normal elevation would have an adverse 
effect on the flood- carrying capacity of the floodway, the allowable ele- 
vation shall be lower. 

(d) Structures and fencing at well sites within the floodway are not per- 
mitted without approved hydraulic studies demonstrating that the pro- 
posed structure or fence would not impair the floodway. 

(e) Permits for water wells require that a survey monument and a per- 
manent bench mark must be installed at the waterside levee toe, as near 
to the well site as practical, to serve as a vertical control to monitor subsi- 
dence. 

NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608, 
8609 and 8710, Water Code. 

History 
1. New section filed 9-30-96; operafive 10-30-96 (Register 96, No. 40). 



§ 130. Patrol Roads and Access Ramps. 

(a) The following definitions apply to this section: 
(1) Access Ramps - "Access Ramps" mean those ramps that provide 
access to the levee crown from adjacent property and roads. 



Page 430 



Register 98, No. 47; 11-20-98 



Title 23 



Reclamation Board 



§130 



(2) Patrol Roads - "Patrol Roads" means those roads that provide ve- 
hicular access along levee crowns and flood channels for inspection, 
maintenance, and flood fighting. 

(b) Patrol roads must meet the following criteria: 

(1) Patrol roads must be surfaced with a minimum of four (4) inches 
of compacted, class 2 aggregate base (Caltrans Spec. 26-1.02A, July 
1992) which is incorporated by reference, or equivalent. 

(2) Patrol road surfacing material must be compacted to a relative 
compaction of not less than ninety (90) percent per ASTM D 1557-91, 
dated 1991, which is incorporated by reference with moisture content 
sufficient to obtain the required compaction. 

(3) Compaction tests by a certified soils laboratory may be required to 
verify compaction. 

(4) Paved patrol roads must meet the design requirements for paved 
bicycle trails, section 132. 

(5) Levee crown surfacing must meet the following additional require- 
ments: 

(A) Where the crown width is less than sixteen ( 1 6) feet, the minimum 
surfacing width must be ten (10) feet with a smoothly tapered transition 
to the edge of the levee shoulder. 

(B) Where the crown width is sixteen (16) feet or more, the minimum 
surfacing width must be twelve (12) feet with a two (2) foot-wide taper 
at each edge of the surfacing. 

(C) The crown roadway must be sloped a minimum of two- (2) per- 
cent. 

(6) Any patrol road which has been excavated or damaged must be re- 
stored to its original condition. 



(c) Access ramps are of two common types, head-on or side approach, 
and must meet the following criteria: 

(1 ) Access ramps must be constructed of approved imported material. 

(2) The surfacing for all access ramps must be the same as for patrol 
roads. Subdivisions (b)(1), (b)(2) and (b)(3) of this section also apply to 
access ramps. 

(3) Any excavation made in a levee section to key the ramp to the levee 
must be backfilled in four- (4) to six- (6) inch layers with approved mate- 
rial and compacted to a relative compaction of not less than ninety (90) 
percent per ASTM D 1557-9 1 , dated 1 99 1 , and above optimum moisture 
content. 

(4) Compaction tests by a certified soils laboratory may be required to 
verify compaction. 

(5) All access ramps must be constructed in such a manner so as to di- 
rect all surface drainage away from the levee section. 

(6) Approved gates must be installed across access ramps at locations 
where vehicular access by the public is possible. 

(7) Side approach ramps must be used on the waterside levee slope. 

(8) Side approach ramps on the walerward slope of the levee must 
slope downstream. 

(9) Typical plans for each type of approach ramp with restrictions and 
requirements are shown on Figures 8.08 and 8.09. 

NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608 and 
8710, Water Code. 

History 
1 . New section and figures 8.08 and 8.09 filed 9-30-96; operative 1 .30-96 ( Reg- 
ister 96, No. 40). 



Page 4.31 



Register 98, No. 24; 6- 1 2-98 



§130 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



Access Ramps 



btvtt %o>4 



LEVEE 




HEAD-ON Af>PRQACH ROAD RAMP 



^iiWa^f 



>Mrf /?^tff 




LEVEE SURFAaNS PW IS* PATROL ROAD 




LANOSmg 



wMrofSfoe 




LEVEE SURPACtNS FOR 20' PATROL ROAD 

Rgure a08 



' LEirCI ' LXVtE SLOK 

cnam 
SIDE APPROACH ROAO RAMP 



,'. VERTICAL CU^VE AT TOP 
a BOTTOM OF RAMP 

2. VERTICAL CURVE TO BE 
100 FOOT RADIUS 

3. SLOPE OF RAMP TO BE A 
MINIMUM GRADE OF 5 
PERCENT AND A MAXIMUM 
GRADE OF 10 PERCENT 

4. RAMP TO BE SURFACED WITH 
4 INCHES OF CLASS 2 
AGGREGATE BASE. 
(CALTRANS SPEC 26-I.02B) 

5. ALL RAMPS GRADED TO DRAIN 
AWAY FROM LEVEE SECTION 



Page 4.32 



Register 98, No. 24; 6-12-98 



Title 23 



Reclamation Board 



§130 



Accats Ramp Grading Raquiramonts 



NOTE- TMC Loma VEimcAt cuiMt to be mia aojustco 

iM OCN LOCATION TO COIMIESI>OM0 WITH EXISTING 
AfimOACM SLOK AND ELEVATION. 



itoo 



M fflf l Ui 



vBTfrE: 




SCALE 

H0i»iz^ '>«o; 

VERT : I « 5 



Figurs 8.09 



Page 4.33 



Register 96, No. 40; 10-4-96 



§131 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



§131. Vegetation. 

(a) The following definitions apply to this section: 

(1) Oversize levee. "Oversize levee" means a levee which encom- 
passes the minimum oversized levee cross-section which has a width of 
thirty (30) feet at design freeboard elevation and standard levee slopes. 
(See Figure 8.10.) 

(2) Standard size levee. "Standard size levee" means a levee which 
does not meet the requirements for an oversize levee. 

(3) Standard levee slopes. "Standard levee slopes" means the landside 
levee slope is two (2) horizontal feet to one ( 1 ) vertical foot and the water- 
side levee slope is three (3) horizontal feet to one (1) vertical foot. 

(b) Suitable vegetation, if properly maintained, is permitted within an 
adopted plan of flood control. 

(c) Vegetation must not interfere with the integrity of the adopted plan 
of flood control, or interfere with maintenance, inspection, and flood 
fight procedures. 

(d) With the exception of naturally occurring vegetation which the 
owner of the underlying land has no responsibility to maintain, any vege- 
tation which interferes with the successful execution, functioning, main- 
tenance or operation of the adopted plan of flood control, must be re- 
moved by the owner. If the owner does not remove such vegetation upon 
request, the board reserves the right to have the vegetation removed at the 
owner's expense. 

(e) Tables 8.3 through 8.6 indicate common types of vegetation con- 
sidered suitable and unsuitable for planting on levees. Other types of 
vegetation, not listed in Tables 8.3 through 8.6, may be approved if deter- 
mined to be similar to listed suitable species or not detrimental to the in- 
tegrity, operation, or maintenance of the adopted plan of flood control. 

(f) Vegetation and vegetation maintenance standards for levees are as 
follows: 

(1) Vegetation is not permitted on the levee crown roadway. Only 
properly maintained grasses or suitable ground covers are permitted on 
other portions of the levee crown. 

(2) Vegetation growing on levee slopes but infringing onto the levee 
crown must be trimmed or sprayed to prevent interference with flood 
fight, maintenance, or inspection activities. 

(3) Tree branches extending above the levee crown or above the area 
within ten (10) feet of the levee toe, must be pruned to maintain a mini- 
mum of twelve ( 1 2) feet vertical clearance above the levee crown and 
above the area within ten (10) feet of the levee toe. 

(4) Tree branches above levee slopes must be pruned and maintained 
so that the distance from the levee slope to the lowest branches, measured 
normal to the levee slope, is a minimum of five (5) feet. 

(5) Trees are not permitted on the crown or slopes of a standard size 
levee or within ten (10) feet of the toe of a standard or oversize levee. 
Planted trees must be set back a sufficient distance from the levee toe to 
conform with the requirements of subdivision (f)(3) of this section 
throughout the life of the tree. 

(6) Trees are permitted on oversize levee slopes according to the fol- 
lowing additional criteria: 

(A) Trees considered suitable and unsuitable for oversize levees are 
listed in Tables 8.3 and 8.4 respectively. 

(B) Trees which will exceed fifty (50) feet in height when mature are 
not permitted. 

(C) Trees are permitted on the waterside levee slope of oversize levees 
up to a point five (5) vertical feet below the design flood plane. 

(D) Trees that, in the judgment of the board, threaten to disturb revet- 
ment on levee slopes or interfere with maintenance must be removed. 

(E) Fruit and nut trees are not allowed. 

(7) Trees, vines, bushes, shrubs, or any other form of woody or herba- 
ceous vegetation that grow in a dense form and prevent visual inspection 
of the levee slope and toe, produce fruit or nuts that attract burrowing ro- 
dents, or are thorny and could interfere with flood fight efforts, are not 
permitted on the levee or within ten (10) feet of the levee toe. 



(8) Sod, grasses, perennial flowers, and other nonwoody ground cov- 
ers are permitted on levee slopes and within ten (10) feet of the levee toe 
if the height of the vegetation does not exceed twelve ( 1 2) inches. Ground 
covers considered suitable and unsuitable on levee slopes and within ten 
( 1 0) feet of the levee toe are listed in Tables 8.5 and 8.6, respectively. In 
areas where vehicular access is maintained along the levee toe, ground 
covers are generally not permitted. 

For ground covers with specific maintenance requirements (see Table 
8.5): 

(A) The permittee is responsible for maintaining the ground cover at 
a height less than one ( 1 ) foot; 

(B) The maintaining agency reserves the right to mow the groundcover 
without prior notification if the height exceeds one (1) foot; 

(C) Any irrigation system for the ground cover must be designed to not 
interfere with mowing; 

(D) Ground covers that are required by this subdivision to be mowed 
are generally allowed only on the upper twenty (20) feet of levee slope. 

(9) Thick-stemmed, extremely dense or woody ground covers are not 
permitted on levee slopes or within ten (10) feet of the levee toe. 

(10) Flower gardens where the height of the vegetation does not ex- 
ceed twelve (12) inches and which are compatible with flood fight proce- 
dures, maintenance, and inspection programs are permitted within ten 
(10) feet of the levee toe. 

(g) Vegetation and vegetation maintenance standards for floodways 
and bypasses are as follows: 

(1) Vegetation is permitted within revetment on streambanks unless, 
in the judgment of the board, it becomes a threat to the integrity of the 
revetment. 

(2) Invasive or difficult-to-control vegetation, whether naturally oc- 
curring or planted, that impedes or misdirects floodflows is not permitted 
to remain on a berm or within the floodway or bypass. 

(3) The board may require clearing and/or pruning of trees and shrubs 
planted within floodways in order to minimize obstruction of floodflows. 

(4) Trees and brush that have been cut down must be burned or re- 
moved from the floodway prior to the flood season. 

(h) Orchards are not permitted within bypasses but may be planted 
within other floodways in accordance with the following criteria: 

(1) If an orchard is abandoned, all trees must be removed and burned 
or disposed of outside the floodway prior to flood season. 

(2) Trees or brush cut prior to planting an orchard must be removed and 
burned or disposed of outside the floodway prior to flood season. 

(3) Orchard cuttings and any debris that may accumulate in the orchard 
during the flood season must be removed from the floodway, or must be 
disposed of in such a manner as to leave no floatable debris within the 
floodway. Cuttings and other debris must regularly be burned or removed 
and disposed of outside the floodway throughout pruning activities so as 
to leave no floatable debris within the floodway. 

(4) Dead trees, stumps, prunings, or other agricultural debris may not 
be placed on the levee section or within ten (10) feet of the levee toe. 

(5) Tree rows must be parallel to the direction of the overbank flow and 
may not direct the flow toward the levee. 

(6) The spacing between rows must be a minimum of sixteen ( 1 6) feet 
perpendicular to the overbank flow of the stream. The row spacing must 
be increased if, in the judgment of the board, additional space is neces- 
sary for the passage of floodflows. 

(i) Vegetable gardens are not permitted on the levee slope. Vegetable 
gardens may be permitted within ten (10) feet of the levee toe where they 
will not interfere with maintenance and inspection and meet the follow- 
ing conditions: 

(1) No large bushy plants such as com, tomatoes, grapes and peas are 
within ten (10) feet of the levee toe; 

(2) There is not a maintenance access road along the levee toe; 

(3) The adjacent levee slope is not sprayed with herbicide by the main- 
taining agency; and 



Page 4.34 



Register 96, No. 40; 10-4-96 



Title 23 



Reclamation Board 



H31 



(4) The levee is not experiencing burrowing rodent activity. If there is 
burrowing rodent activity in the immediate vicinity, the vegetable garden 
permittee shall control the rodents to the satisfaction of the Board or re- 
move the garden. 

(j) Irrigation of vegetation on levee slopes must conform to the follow- 
ing criteria: 

(1) Permanently installed irrigation systems are permitted on both 
slopes of oversize levees and on the landside slope of standard size le- 
vees. 

(2) Surface low pressure drip irrigation systems may be used on either 
the landside or waterside levee slope. 

(3) Any water applied to vegetation on the levee slope by any means 
must be controlled to prevent erosion of the levee slope. 

(4) Ditches may not be dug in the levee section, within ten (10) feet of 
the levee toe, or within the projected levee section for irrigation or drain- 
age. 

(5) Watering basins around trees must be limited to a maximum depth 
of twelve ( 1 2) inches. 

(6) Permanently installed irrigation pipes may be buried but may be 
no deeper than eight (8) inches into the levee slope. 

(7) A readily accessible shutoff or control valve is required in the sup- 
ply line of all irrigation systems. The valve must be located a minimum 
of ten (10) feet landward of the levee toe and must be clearly identified 
for levee maintenance or flood fight personnel. 

(8) Pipes supplying water to permanently installed sprinkler heads 
must be of approved material such as galvanized iron, schedule 40 poly- 
vinyl chloride (PVC), class L copper, or equivalent. Aluminum pipe is 
not permitted. 



(k) The board may permit, with appropriate conditions, existing non- 
conforming vegetation after considering a number of factors, including 
but not limited to: 

( 1 ) Age of vegetation; 

(2) Type of vegetation; 

(3) Location of vegetation; 

(4) Size of vegetation; 

(5) Physical condition of vegetation; 

(6) Whether the vegetation was planted or is naturally occurring; 

(7) Condition of the adopted plan of flood control; 

(8) Environmental value of the vegetation; and 

(9) Ability to inspect and maintain the levee around the vegetation. 
(/) Trees removed from the levee and from within ten ( 1 0) feet of the 

levee shall have all roots larger than one- and one-half (1-1/2) inches in 
diameter removed for a distance of at least three (3) feet from the tree 
trunk at ground level and the hole filled with impervious soil compacted 
in four- (4) to six- (6) inch lifts. Compaction within the levee section 
shall be a relative compaction of not less than ninety percent (90%), per 
ASTM D 1557-91, dated 1991, which is incorporated by reference. Out- 
side of the levee section, the soil shall be compacted to at least the density 
of adjacent undisturbed material. 

NOTE: Authority cited: Section 8571, Water Code. Reference; Sections 8608, 
8609 and 8710, Water Code. 

History 
1. New section, figure 8.10 and tables 8.2 through 8.5 filed 9-30-96; operative 
10-30-96 (Register 96, No. 40). 



Page 4.35 



Register 96, No. 40; 10-4-96 



§131 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



c 
o 

o 

9 
(J> 


9 
> 
9 



9 
> 

o 




Rgura 8.10 



Page 4.36 



Register 96, No. 40; 10-4-96 



Title 23 



Reclamation Board 



§131 



Table 8.2 
Partial List of Trees Suitable for Oversize Levees 



Table 8.3 
Partial List of Trees Unsuitable on Levees 



Alder, white 


Ahnis rhomhifolici 


Box Elder 


Acer }ie>i>imdo 


California pepper tree (male only) 


Schiniis niolle 


Carob tree (male only) 


Ceratonia silit/iia 


China-beiTy 


Melia azedarculi 


Chinese pistache 


Pistacia cliinensis 


Coast beefwood 


Casuarina stricta 


Common catalpa 


Catalpa hignonioides 


Crape myrtle 


Lagerstroemia iiidica 


Dogwood, giant 


Cornus controversa 


Dogwood, Western 


Conius niittallii 


Fremont Cottonwood (male only) 


Populus freniofitii 


Goldenrain tree 


Koelreuleria paniculata 


Hackbeny, Chinese 


Celtis sinenis 


Hackberry, common 


Celtis occidentalis 


Hackberry, European 


Celtis australis 


Maidenhair tree (male only) 


Gingko biloba 


Mayten tree 


Maytenus boaria 


Montezuma cypress 


Taxudium mucrontum 


Oak 


Ouercus spp. * 


Pagoda tree 


Sophora japonica 


Redbud, western 


Cercis occidentalis 


Redbud, eastern 


Cercis canadensis 


Sawleaf zelkova 


Zelkova serrata 


Silk tree 


A Ibizia julibrissin 


Strawberry tree 


Arbutus unedo or 
Arbutus "marina" 


Tallow tree 


Sapium sebiferum 


Tupelo 


Nyssa sylvatica 



"spp. = species 



Acacia, Bailey 


Acacia bailevana 


Acacia, kansaroo thorn 


Acacia aniiata 


Almond 


Primus dulcis 


Apple, crabapple 


Mahis spp. * 


Apricot 


Prumis armeniaca 


Ash. Ai-izona 


Fraxinus velutina 


Ash, flowering 


Fraxinus orniis 


Ash, Modesto 


Fraxinum velutina "Modesto" 


Blue gum 


Eucahptus i-lobulus 


Cedar** 


Cedrus spp. * 


Chen7 


Prunus avium 


Chinese jujube 


Zizyphus jujube 


Chinese wingnut 


Ptcrocarya stenoptera 


Citrus 


Citrus spp. * 


Coast redwood 


Sequoia sempcr\'irens 


Colorado spruce 


Picea pungens 


Cypress** 


Cupressus spp. * 


Dale palm 


Phoenix spp. * 


Elm 


Ulmus spp. * 


Fan palm 


Washingtonia spp. * 


Fig 


Ficus carica 


Fir** 


Abies spp. * 


Giant sequoia 


Sequoiadendron giganteum 


Grape 


Vitis spp. * 


Hawthorn 


Crataegus spp. * 


Incense cedar** 


Calocedrus decurrens 


Locust 


Rnbinia spp. * 


Loquat 


Eriobotrya spp. * 


Olive 


Olea europaea 


Osage orange 


Madura pomifera 


Peach and nectarine 


Prunus perica 


Pecan 


Carya illinuinensis 


Persimmon 


Diospyros spp. * 


Pine** 


Pinus spp. * 


Plum and pnme 


Prunus domestica, salicina 


Pomegranate 


Punica granatum 


Quince 


Cydonia oblonga 


Russian olive 


Elaegnus augustifolia 


Salt Cedar 


Tamarisk gallica 


tree ot heaven 


Ailanttius altissima 


Walnut 


Juglans spp. * 



*spp. = species 

**Conifers whose normal mature height is 50 feet or less may be con- 
sidered desirable under maintenance conditions that (1) protect the tree 
from drought, and (2) will assure proper pruning of the lower branches. 



Page 4.37 



Register 96, No. 40; 10-4-96 



§131 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



Table 8.4 
Partial List of Ground Covers Suitable on Levees 



Aaron's Beard''=*'" 


Hxpcricitm calvciinini 


Alvssum 


AIyssuiv spp.* 


Basket-of-eold 


Aiirinici suxatilc 


Bermuda Grass 


Cynodon dactykm "tif^reen " 
Cynodon dartylon "coastal" 
Cynodon dactylon "Tufcote" 


Blue-eyed grass 


Sisyrinchiiiin bell urn 


California Poppy 


Esclischolzia califom ica 


Cape weed 


Arctotheca calendula 


Creeping wild i-ye*** 


Elvnnis tritu -oides 


English Ivy, miniature*** 


Hedera helix, liahni 


Garden lippia 


Phyla nodiflora 
Lippia nodiflora 


Gazania, trailing*** 


Gazania spp. * 


Green caipet 


Herniaria glabra 


Lupine, dwarf 


Lupiniis bicolor 


Mexican evening primrose*** 


Oenothera berlandieri 


Palestine orchardgrass 


Dactylis glomerotoa 
"Palestine " 


Salt grass 


Distichlis spicata 


Spring Cinquefoil 


Potentilla tabernaemontanii 


Stonecrop 


Sediim spp. * 


Trailing African daisy 


Osteospennuni fniticosum 


Verbena 


Verbena peruviana 


Yellow-eyed grass 


Sisyrinchiwn californicum 



Table 8.5 

Partial List of Ground Covers and Miscellaneous 

Species Unsuitable on Levees 



Bamboo 


Bambusa sr>p. * 


Blackberrv/Rasnberrv 


Rubus spp. * 


Broom 


Cvtisus .wti- * 


Cactus 


Cactaceae spp. * 


Centui-y Plant 


Aiiave americana 


False Bamboo, Common Reed 


Phragmites communis 


Freeway Iceplant 


Carpobrotus spp. * 


Grape 


Vitus spp. * 


Honeysuckle 


Lonicera spp. * 


Horsetail 


Euuisetum hxemale 


Ice Plant. Rosea 


Drosanthemum jloribundum 


Ice Plant, trailing 


Lampranthus. spectabulis 


Ivv, Algerian 


Hedera canariensis 


Ivy, Persian 


Hedera colchica 


Ivy, English 
except miniature or 
dwarf varieties 


Hederal helix 


Pampas grass 


Cortaderia selloana 


Periwinkle 


Vinca spp. * 


Perla Grass 


Phalaris tuberosa 
var. hirtiglumis 


Rose 


Rosa spp. * 



'=spp. = species 



*spp. = species 

**These species have specific requirements for being cut back or other- 
wise maintained on a regular basis depending on the species. 



Page 4.38 



Register 96, No. 40; 10-4-96 



Title 23 



Reclamation Board 



§ 133 



§132. Bicycle Trails. 

(a) It is the board's policy to permit the construction of paved and un- 
paved bicycle trails by public agencies on levees and within floodways 
under the board's jurisdiction, provided that the flood control purpose of 
the floodway facilities remains primary. Bicycle trails must meet the fol- 
lowing general conditions: 

( 1 ) Where feasible, the bicycle trail must be located off of the levee. 

(2) Repair or replacement of the bicycle trail that is damaged during 
an emergency flood fight procedure, routine maintenance, or any re- 
quired improvement activity within an adopted plan of flood control 
must be made by, and at the sole expense of, the permittee or in accor- 
dance with an agreement for maintenance between the permittee and a 
public agency. 

(3) The board and the local flood control maintaining agency retain the 
right to temporarily close the bicycle trail for improvement, mainte- 
nance, or during emergency flood fight activities. 

(4) Bicycle trails within an adopted plan of flood control must be main- 
tained to a level safe for bicycle traffic and acceptable to the local flood 
control maintaining agency and the Department of Water Resources. 

(b) Bicycle trails on a levee section are permitted under the following 
conditions: 

( 1) The permittee shall defend, hold harmless, and indemnify the State 
of California and the local maintaining agency, and each of their boards, 
elected officials, officers, employees, and agents against all damages and 
claims of liability of whatevernature which arise from the use of the levee 
as a bicycle trail. 

(2) The permittee must submit proposed use restrictions for the bicycle 
trail, and a plan for enforcement of the restrictions satisfactory to the 
board, prior to commencing construcfion. The restrictions, at a mini- 
mum, must restrict public access to the trail and to designated adjacent 
areas only, and must prohibit equestrian and motorized vehicle traffic, 
except as may be necessary for maintenance, restriction enforcement, 
and providing for public safety. 

(3) The permittee must agree to bear the cost of any repairs to a flood 
control project facility that are made necessary by the presence or use of 
the bicycle trail. 

(4) Paved bicycle trails constructed on the levee crown must have a 
minimum pavement width of twelve (12) feet and a minimum shoulder 
width of one ( 1 ) foot on each side of the pavement. The outer edges of 
the finished pavement may be no higher than the adjacent shoulders and 
the cross-section must be shaped and trimmed to produce a smooth tran- 
sition from pavement to shoulder. 

(5) Paved bicycle trails on the levee crown must be designed and paved 
to withstand a maximum load of 68,000 pounds from two consecutive 
sets of tandem axles. Soil tests may be required to determine design of 
the trail. 

(6) The structural section of paved bicycle trails must consist of a mini- 
mum of six (6) inches of aggregate base beneath two (2) inches of asphalt 
concrete pavement, or equivalent, on a well compacted levee crown. 

(7) The aggregate base shall extend beyond the pavement to allow 
drainage. 

(8) The bicycle trail and all bicycle access ramps must be sloped to 
drain away from the levee crown. 

(9) Bicycle access ramps on levee slopes must conform to the criteria 
set forth in the standards for access ramps in section 1 30. 

( 1 0) The bicycle trail may not be cut into the levee section but may be 
placed on fill along the levee slope provided it will not interfere with 
maintenance. 

(11) The permittee must maintain the bicycle trail or provide evidence 
of agreement with a public agency for that agency to provide mainte- 
nance. 

(12) The permittee may be required to prevent unauthorized vehicular 
access to bicycle trails by physical barriers, which must be removable to 
allow access for maintenance, inspection, and emergency vehicles. Ve- 
hicular access barriers will be secured by locks. Keys shall be provided 



to the Department of Water Resources and the local flood control main- 
taining agency. 

(13) The permittee shall install permanent safety signs at all bicycle 
access points and at periodic intervals along the trail containing such lan- 
guage as: 

Levee Maintenance Road 
Watch for Patrolling Vehicles. 

(14) The permittee shall install permanent signs at all bicycle access 
points to control unauthorized use of bicycle trails. 

(c) Bicycle trails within a leveed floodway are permitted under the fol- 
lowing conditions: 

( 1 ) The permittee must submit proposed use restrictions for the bicycle 
trail and a plan for enforcement of such restrictions satisfactory to the 
board, prior to commencing construction. The restrictions, at a mini- 
mum, must restrict public access to the trail and to designated adjacent 
areas only, and shall prohibit equestrian and motorized vehicle traffic, 
except as may be necessary for maintenance, restriction enforcement, 
and providing for public safety. 

(2) The permittee must agree to bear the cost of any repairs to a flood 
control project facility that are made necessary by the presence or use of 
the bicycle trail. 

(3) Bicycle trails must be constructed at natural ground level wherever 
possible, and all fills greater than three (3) feet in height must be sup- 
ported by appropriate engineering studies. 

(4) The permittee must maintain the bicycle trail or provide evidence 
of an agreement with a public agency for that agency to provide mainte- 
nance. 

(5) The permittee is required to prevent unauthorized vehicular access 
to bicycle trails by physical barriers, which must be removable to allow 
access for maintenance, inspecfion, and emergency vehicles. Vehicular 
access barriers will be secured by locks. Keys shall be provided to the De- 
partment of Water Resources and the local flood control maintaining 
agency. 

(6) The permittee must install permanent signs at all bicycle access 
points to control unauthorized use of bicycle trails. 

(d) Paved bicycle trails within ten (10) feet of the landside levee toe 
must have appropriate features that intercept seepage and prevent par- 
ticle migration. 

NOTE: Authority: Section 8571, Water Code. Reference: Sections 8608, 8609 and 
8710, Water Code. 

History 
1. New section fded 9-30-96; operative 10-30-96 (Register 96, No. 40). 

§ 133. Supplemental Standards for Control of Residential 
Encroachments in Reclamation District 1000. 

These standards apply only to the construction, reconstruction, or re- 
pair of dwellings and associated improvements on the left bank water- 
ward berm and waterward levee slope of the Sacramento River between 
levee miles 0.00 and 18.60, Unit 1, Reclamation District 1000. These 
standards supplement and, where in conflict with, supersede the stan- 
dards in secUon 1 1 1 through section 1 37. While these standards are not 
specifically for commercial construction, in general, the principles in this 
section will apply to commercial development. 

(a) The owner or permittee must maintain the waterward slope of the 
levee and the utilized area within the floodway of the Sacramento River 
in the manner required by Reclamafion District 1 000 or any other agency 
responsible for maintenance. 

(b) The area between the waterward levee shoulder and the riverbank 
may be filled, provided the fill does not extend more than one hundred 
fifty (150) feet waterward from the centerline of the levee crown. 

(c) Within the area located between the waterward levee shoulder and 
a point sixty-five (65) feet waterward from the centeriine of levee, the 
following conditions apply: 

(1) Where the area is less than one (1) foot above the design flood 
plane, driveways and ramps may be constructed at any orientation to the 
levee. 



Page 4.39 



Register 96, No. 40; 10-4-96 



§134 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



(2) Where the area is less than one (1) foot above the design flood 
plane, fences parallel to the levee must be an open type and constmcted 
to provide for the unobstructed visual inspection of the levee slope and 
toe from the levee crown roadway. 

(3) Where the entire area is at least one ( 1 ) foot above the design flood 
plane, no restrictions apply to fences, walls, and similar structures. 

(4) Elevated walkways and driveways are permitted without elevation 
restrictions. 

(d) Within the area beginning at a point sixty-five (65) feet waterward 
from the centerline of the levee and extending waterward a maximum of 
one hundred and fifty ( 1 50) feet from the centerline of the levee, the fol- 
lowing conditions apply: 

( 1 ) Securely anchored fences and structures are permitted. 

(2) Dwellings are permitted, if the finished floor level is at least two 
(2) feet above the design flood plane or two (2) feet above the 100-year 
flood elevation, whichever is higher. 

(3) The finished floor level of any addition to an existing dwelling shall 
be at least two (2) feet above the design flood plane or two (2) feet above 
the 100-year flood elevation, whichever is higher. 

(4) Dwellings and appurtenant structures are permitted within four- 
teen (14) feet of the top of the riverbank, provided the riverbank is re- 
vetted to board standards. 

(5) Dwellings and appurtenant structures are not permitted within 
thirty (30) feet of the top of an unrevetted riverbank. 

(e) Within the area beginning at a point one hundred and fifty (150) 
feet waterward from the centerline of the levee and extending waterward 
to the top of riverbank, the following conditions apply: 

( 1 ) Dwellings and fences are not permitted. 

(2) Securely anchored structures that do not protrude above natural 
ground level may be allowed. 

(3) Additions may be made to existing dwellings if the addition ex- 
tends no farther into the floodway than the original dwelling. 

(4) The finished floor level of any addition to an existing dwelling shall 
be at least two (2) feet above the design flood plane or two (2) feet above 
the 100-year flood elevation, whichever is higher. 

(f) Materials or equipment stored within the floodway must be secure- 
ly anchored or removed prior to the flood season. 

(g) Downed trees or brush and other floatable material of any kind are 
not permitted to remain within the floodway during the flood season. 

(h) The board permit approving the construction of a dwelling shall 
run with the land, pursuant to a recorded document executed pursuant to 
section 16(f). 

Note: Authority cited: Section 8571, Water Code. Reference: Sections 8370, 
8608 and 8710, Water Code. 

History 
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). 

§ 134. Supplemental Standards for the Yuba 

River — Daguerre Point Dam to Confluence with 
the Feather River. 

These standards are for dwellings and structures within the Yuba River 



floodway between Daguerre Point Dam and the confluence with the 
Feather River. These standards supplement and, where in conflict with, 
supersede the standards in sections 1 1 1 through 137. 

(a) The following definifion applies to this section: 

(1) Permanent Dwelling - "Permanent Dwelling" means a dwelling 
that may be occupied throughout the year. 

(b) The lower Yuba River flood channel is divided into Areas A. B, and 
C, as delineated on Figure 8.11. Area A is the flow area required to carry 
one hundred fifty thousand (150,000) cubic feet per second (cfs). Area 
A and Area B combined is the flow area required to carry two hundred 
thirty-five thousand (235,000) cfs. Area C is the remainder of the flood- 
way within the flood control project levees. A map identifying the exact 
locations of Areas A, B and C, entitled "1995 Designated Floodway, 
Yuba River" is incorporated by reference into this regulation. The full- 
size map is available for inspection at the office of the board in Sacramen- 
to. 

(c) Encroachments in Area A must conform to the general standards 
of this fide, except that new dwellings for seasonal occupancy (as defined 
in secdon 1 13) and structures are not permitted. 

(d) Encroachments in Area B must conform to the general standards 
of this title except that dwellings, structures, and mobile homes may be 
permitted in substantial areas of shallow flooding (water depth one ( 1 ) 
foot or less in a hundred-year flood) if they satisfy the requirements of 
subdivision (e) of this secfion and the requirements of section 1 13(d). 

(e) Area C is considered a "zone B" as provided in section 1 13. En- 
croachments in Area C must conform to the general standards of this divi- 
sion, and in addifion, meet the following requirements: 

(1) The design flood plane for construcfion of permanent dwellings 
must correspond to the two hundred thirty-five thousand (235,000) cfs 
flow line or 100-year flood elevation, whichever is higher. 

(2) New permanent dwellings are not permitted in Area C unless a safe 
evacuafion route, satisfactory to the board, is available for the dwelling's 
residents. 

(3) Roads that would be used to evacuate residents must be constructed 
to at least the one hundred fifty thousand ( 1 50,000 cfs flow line elevation. 
100-year flood elevation, or at natural ground elevation, whichever is 
highest and may not unreasonably obstruct floodflows. 

(4) The board may require the owner of a dwelling, pursuant to section 
1 6, to execute an agreement in which the owner agrees to evacuate all res- 
idents and guests upon order of an authorized government official when 
flooding is forecasted for the area. 

NOTE; Authority cited: Section 8571, Water Code. Reference: Sections 8608, 
8609, and 8710, Water Code. 

History 
1. New section and figure 8.1 1 filed 9-30-96; operative 10-30-96 (Register 96, 
No. 40). 



Page 4.40 



Register 96, No. 40; 10-4-96 



CTQ 




|i I S^j^v i/^ii 






-" ~f.^L ..T>i^^^' 






1995 
DESiGNATHD PUOODWAY, YUBA RlVEH 

Hiohwsv 70 Bndg» to Dwgusrre Point Dam 



§135 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



§ 135. Supplemental Standards for Butte Basin. 

The standards apply to Butte Basin, as delineated on Figure 8.12 and 
partitioned into designated Areas B, C, D, E. and Reclamation District 
1 004. The basin' s west boundary is the Sacramento River east bank proj- 
ect levee, and above the Ord Ferry area where there is no project levee, 
the boundary is the designated floodway of the Sacramento River 
adopted November 29, 1988. The east boundary is based on the wetted 
area of the 1970 flood. The north boundary is the Sacramento River des- 
ignated floodway in the proximity of Murphy Slough and Golden State 
Island, and the south boundary is the Sacramento River between the city 
of Colusa and the Butte Slough outfall gates, a section of the Butte Slough 
levee in both Colusa and Sutter Counties, and Pass Road in Sutter 
County. These standards supplement and, where in conflict with, super- 
sede the standards in section 1 1 1 through section 137. 

(a) Approval from the board is required for any encroachment that 
could reduce or impede floodflows, or would reclaim any of the flood- 
plain within Butte Basin. 

( 1 ) Encroachments in Reclamation District 1004 are not regulated by 
the board. 

(2) The supplemental standards do not apply to that portion of Area E 
located north of the Butte-Sutter County line and its extension westward 
into Colusa County, and situated adjacent to the Sacramento River proj- 
ect levee where the natural ground level is higher than the 1 00-year flood 
elevation. 

(3) Except where the activity would potentially affect a project levee 
or other project feature, the standards within sections 1 16, 122, 123, 124, 
126. 127, 129, 130, 131, 132, and 137 do not apply to that portion of Area 
E located south of the Butte-Sutter County line and its extension west- 
ward into Colusa County. 

(b) Approval from the board is not required for crop checks less than 
thirty-six (36) inches in height. In Areas B, C and D, all crop checks must 
be removed prior to flood season, unless they comply with the require- 
ments of subdivisions (d), (e), and (f), respectively. 

(c) Except where the activity would potentially affect a project levee 
or other project feature, approval from the board is not required for land 
leveling or grading, or for drainage and irrigation improvements in Areas 
C, D, and E that have a localized impact only and comply with subdivi- 
sions (e), (0, and (g) of this section. 



(d) Within Area B, approval from the board is not required for any en- 
croachment that is less than eighteen ( 1 8) inches in height above the natu- 
ral ground level. However, any proposed encroachment within a slough 
or swale must be approved by the board. Area B extends southerly from 
Butte Basin's northerly boundary to a line located one thousand (1,000) 
feet southeasterly and lying parallel to the Parrott Grant line. 

(e) Within Area C, approval from the board is not required for any en- 
croachment less than thirty-six (36) inches in height above the natural 
ground level, and having a crest elevation less than seventy and one tenth 
(70. 1 ) feet (NGVD). Area C is the area enclosed within a three- (3) mile 
radius measured from the center of Moulton Weir and limited by the 
southeasterly extensions of the north and south training levee alignments 
to the three- (3) mile arc. 

(f) Within Area D, approval from the board is not required for any en- 
croachment less than thirty-six (36) inches in height above the natural 
ground level and having a crest elevation less than fifty-four and nine 
tenths (54.9) feet (NGVD). Area D encompasses the Colusa Weir togeth- 
er with its outflow channel enclosed by training levees, and an overflow 
area extending to Butte Creek. 

(g) Within Area E, approval from the board is not required for any en- 
croachment less than thirty-six (36) inches in height above the natural 
ground level . The northern boundary of Area E is a line located one thou- 
sand ( 1 ,000) feet southeasterly of the south Parrott Grant line, and the 
southern boundary is formed by the Sacramento River between the city 
of Colusa and the Butte Slough outfall gates, a section of the Butte Slough 
levee in both Colusa and Sutter Counties, and Pass Road in Sutter 
County. 

(h) Within that portion of Area E located south of Gridley Road, new 
and existing recreational structures, including caretaker, security, and 
dwellings for seasonal occupancy (as defined in section 1 1 3) may be per- 
mitted provided the finished floor level of the structure is at least two (2) 
feet above the design flood plane or two (2) feet above the 100-year flood 
elevation, whichever is higher. 

Note: Authority cited: Section 8571, Water Code. Reference: Sections 8608, 
8609 and 8710, Water Code. 

History 

1. New section and fieure 8.12 filed 9-30-96; operative 10-30-96 (Register 96, 
No. 40). 



Page 4.42 



Register 96, No. 40; 10-4-96 



Title 23 



Reclamation Board 



§135 



?^ A^ A 



• 




Page 4.43 



Register 96, No. 40; 10-4-96 



§136 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



§ 136. Supplemental Standards for Yolo Bypass and Sutter 
Bypass. 

It is the board's policy to permit agricultural land use and the develop- 
ment of suitable wetlands within the Yolo Bypass and Sutter Bypass. The 
supplemental standards protect the flood control functions of the Yolo 
and Sutter Bypasses, safeguard existing agricultural land use, and control 
the development of proposed wetlands. 

(a) Final detailed plans for all construction, grading and planting must 
be submitted to and approved by the board prior to the start of work. 

(b) A detailed operation and maintenance plan must be submitted to 
and approved by the board prior to the start of work. 

(c) A profile of the existing levee crown roadway and access ramps 
that will be utilized for access to and from the construction area must be 
submitted to the board prior to the start of work. 

(d) Any damage to the levee crown roadway or access ramps attribut- 
able to the construction or maintenance of croplands or wetlands must be 
promptly repaired by the permittee. 

(e) The planting of vegetation or the impoundment of water is not per- 
mitted within one thousand (1,000) feet of the Fremont Weir structure. 

(f) The planting of vegetation or the impoundment of water shall not 
be permitted in any area where there could be an adverse hydrauUc im- 
pact. 

(g) Irrigated and nonirrigated pastures and croplands are allowed with- 
out permit from the board when consistent with the board's flo wage ease- 
ments. 

(h) The planting of vegetation is generally permitted for the develop- 
ment of native marsh, riparian vegetation, and wetlands. 

(i) Rooted vegetation and aquatic beds of floating (nonrooted) or sub- 
merged vegetation are generally permitted to be established in ponded 
water. 

(j ) The depth of ponded water must be controlled to prevent the growth 
of unauthorized vegetation that could adversely affect the operation of 
the flood control project. 

(k) No permanent berms or dikes are permitted above natural ground 
elevation without a detailed hydraulic analysis except where otherwise 
expressly provided for in reservations contained in easement deeds to the 
Sacramento and San Joaquin Drainage District. 

(/) Required maintenance may include removal, clearing, thinning, 
and pruning of all vegetation direcfly or indirecUy resulting from the per- 
mitted project. 

NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608 and 
8710, Water Code. 

History 
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). 

§ 137. Miscellaneous Encroachments. 

The following standards are to be used as a guide in making applica- 
tion to the board for miscellaneous encroachments. Not all possible mis- 
cellaneous encroachments, the number being unlimited, are listed. Those 
listed are typically the type proposed by residents within an adopted plan 
of flood control, and those necessary because of governmental require- 
ments. 

(a) Tanks used for storage of water or other liquids are not permitted 
within a levee section or within ten (10) feet of the levee toe. If placed 
within the floodway, or if placed in the projected levee section and within 
twenty-five (25) feet of the levee toe, a permit is required. 

(b) Landside water retention basins must be located outside of the proj- 
ected levee section and a minimum distance of twenty- five (25) feet 
from the levee toe plus any additional distance that may be determined 
to be required to control seepage. 

(c) Steps for access on levee slopes must conform to the following cri- 
teria: 

(I) Steps must be constructed of material resistant to deterioration. Ac- 
ceptable materials include, but are not limited to, concrete, masonry, 
stone, pressure treated lumber, iron, and steel. 



(2) Steps constructed on the waterward levee slope must be properly 
anchored to prevent movement during high water. 

(3) Excavation in the levee slope made for the construction of steps 
may not exceed twelve (12) inches in depth. 

(4) Steps must be constnicted flush with the levee slope. 

(5) Handrails are not permitted on steps if they interfere with levee 
maintenance unless they are required by law. 

(6) Handrails, where permitted on waterward levee slopes, shall be de- 
signed to give way when subjected to debris loading. 

(7) The permittee is responsible for the maintenance of steps and hand- 
rails. 

(8) Revetment on a levee slope or streambank that is destroyed or dis- 
turbed during the construction of steps must be restored to its original 
condition by the permittee. 

(d) Horizontal (elevated) access ways, with or without handrails, are 
permitted above the landside and waterward slopes of the levee if they 
do not interfere with levee maintenance and conform to the following cri- 
teria: 

(1) Horizontal access ways may not exceed four (4) feet in width un- 
less the levee slope immediately beneath the access way is revetted to 
board standards. 

(2) The bottom of the stringers of horizontal access ways above the wa- 
terward levee slope must be a minimum of three (3) feet above the design 
flood plane elevation. 

(3) Handrails on access ways may not extend onto the levee crown. 

(4) On a levee where the crown is less than fourteen (14) feet in width, 
handrails must be a minimum of seven (7) feet from the centerline of the 
levee. 

(5) Access way supports, or piers, must be constructed so as to mini- 
mize the possibility of trapping and accumulating floating debris. 

(6) Revetment on a levee slope or streambank that is destroyed or dis- 
turbed during the construction of a walkway must be restored to its origi- 
nal condition by the permittee. 

(7) Maintenance of an access way and the adjacent levee slope is the 
responsibility of the permittee, and any erosion of the levee slope must 
be promptly repaired. 

(e) Mailboxes, when required by the U.S. Postal Service, are permitted 
on a levee section and must be placed at the extreme outer edge of the le- 
vee crown. If the levee crown is less than fourteen (14) feet in width, the 
mailbox must be a minimum of seven (7) feet from the centerline of the 
levee. 

(f) Traffic control signs, directional or informational signs, and signs 
providing for public safety are permitted on a levee slope or on the edge 
of a levee crown. 

(g) Bus shelters are permitted on a levee section where sufficient area 
is available for safe operation of vehicles, and the bus shelter is at least 
seven (7) feet from the centerline of the levee. 

(h) Livestock grazing on levee slopes shall be controlled to prevent 
overgrazing and the development of livestock trails. 

(i) The storage of materials or equipment, unless securely anchored, 
downed trees or brush, and floatable material of any kind are not allowed 
within a floodway during the flood season as defined in Table 8. 1 . 

(j) Structures and the storage of material or equipment are not per- 
mitted on levee slopes. 

(k) Structures, materials, and equipment may be placed on the levee 
crown if they do not prevent inspection and maintenance of the levee, ob- 
struct floodlight procedures, and the following additional requirements 
are met: 

(1) There is adequate levee crown width to provide a minimum of 
twenty (20) feet of unobstructed clearance for two-way vehicular traffic. 

(2) Where a public road or highway is on the levee crown, the design 
width of the roadway including the roadway shoulders must remain clear. 

(3) Materials or equipment may not be stored within fourteen (14) feet 
of the landward levee shoulder. 



• 



Page 4.44 



Register 96, No. 40; 10-4-96 



Title 23 



Reclamation Board 



§193 



• 



• 



(4) Materials or equipment may be stored to withiin fourteen (14) feet 
of the waterward levee shoulder provided the waterward levee slope is 
revetted to board standards. 

(5) Materials or equipment may not be stored within thirty (30) feet of 
the waterward levee shoulder of an unrevetted levee. 

(/) Seismic surveys near a levee or within a floodway must meet the 
following criteria: 

( J ) Horizontal shear energy sources may not be used on any levee sec- 
tion or within fifty (50) feet of the levee toe. In areas having soils espe- 
cially susceptible to damage, a more stringent control may be required. 

(2) Energy charges for surveys must be a minimum distance of two 
hundred (200) feet from the levee toe. 

(3) Energy charges for surveys must not exceed one (1) pound of 
charge per one hundred (100) feet of distance from the levee toe. 

(4) Electrical cables used in seismic surveys may not interfere with pe- 
riodic inspections and maintenance of flood control facilities or with 
flood fight procedures. 

NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 
8609 and 8710, Water Code. 

History 
1 . New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). 



Article 9. Regulations for Implementation 
of the California Environmental Quality Act 

§190. Purpose and Authority. 

These regulations are adopted by The Reclamation Board pursuant to 
Public Resources Code section 21082 to implement, interpret, and make 
specific those provisions of the California Environmental Quality Act 
which supplement the requirements of the regulations promulgated by 
The Secretary of the Resources Agency (Title 14, California Code of 
Regulations, commencing with Section 15000, hereinafter referred to as 
the "CEQA Guidelines"). 

NOTE: Authority cited: Section 2 1 082, Public Resources Code; Section 857 1 , Wa- 
ter Code. Reference: Section 21082, Public Resources Code. 

History 
1. New article 9 (sections 190 through 193) and section filed 9-30-96; operative 

10-30-96 (Register 96, No. 40). 

§ 191. Incorporation of California Environmental Quality 
Act Guidelines. 

(a) The CEQA Guidelines are hereby incorporated by reference as if 
fully set forth in this subchapter. 

(b) The words used in this subchapter have the same meaning given 
them in the CEQA Guidelines, unless the context clearly requires a dif- 
ferent meaning. 

NOTE: Authority cited: Section 21 082, Public Resources Code; Section 8571 , Wa- 
ter Code. Reference: Section 21082, Public Resources Code. 

History 

L New section filed 9-30-96; operafive 10-30-96 (Register 96, No. 40). 

§ 192. Fees for Preparation of Negative Declaration or EIR. 

(a) The board may charge and collect a reasonable fee from an appli- 
cant proposing a project for which the board must prepare an environ- 
mental impact report (EIR) or initial study and negative declaration. The 
fee will be an amount which will cover the costs incurred by the board 
or the department in preparing such EIR or initial study or negative decla- 
ration, and for procedures necessary to comply with CEQA. 

(b) Where the board will charge a fee for the preparation of an EIR or 
initial study and negative declaration, it shall collect a deposit as pro- 
vided in Section 503 of this title which is incorporated by reference. 

(c) The board shall separately account for the deposit collected and the 
charges thereto. The status of the account shall be provided to the project 
proponent at regular periodic intervals established by mutual agreement. 
A final accounting shall be rendered by the board after the final EIR or 
negative declaration is considered and adopted or when the environmen- 
tal review is otherwise terminated. 



(d) If the final accounting shows that the deposit exceeds the actual 
costs incurred by the board, the excess shall be refunded. If the actual 
costs exceed the amount of the deposit, the project proponent shall be 
billed and pay the difference. 

(e) The board may adjust or waive deposits or fees for minor projects. 
NOTE; Authority cited: Section 2 1082, Public Resource.s Code; Section 857 1 , Wa- 
ter Code. Reference: Section 21089, Public Resources Code. 

History 
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). 

§ 193. Categorically Exempt Activities. 

In compliance with the requirements of the CEQA Guidelines, the fol- 
lowing list of categorically exempt activities of the board has been estab- 
lished. This list is subject to the limitations on categorical exemptions set 
forth in the provisions of the state CEQA Guidelines. This list does not 
preclude categorical exemptions for other activities pursuant to CEQA 
or the CEQA Guidelines. 

(a) Class 1 consists of operation, maintenance, or minor alteration of 
the following facilities where there is negligible or no expansion beyond 
that previously existing: 

(1) Project works and related facilities; 

(2) Nonproject levees and related facilities; 

(3) Other flood control works which are the statutory responsibility of 
the department or which are the responsibility of the department as a 
"maintenance area; 

(4) Flood control works of agencies with which the board has a local 
cooperation agreement, local cost sharing agreement or similar agree- 
ment; 

(5) Existing encroachments. 

(b) Class 2 includes replacement or reconstruction of existing struc- 
tures and facilities where necessary at the facilities listed in Class I. 

(c) Class 3 includes the location and construction of minor accessory 
structures and the installation of new equipment where necessary at the 
facilities listed in Class I. 

(d) Class 4 includes approval of minor public or private alterations to 
land, or vegetation not involving the removal of mature and scenic trees, 
where necessary at the facilities listed in Class I. 

(e) Class 5 includes the approval of minor encroachment permits, li- 
censes, board designation of floodways pursuant to Water Code section 
8609, and any board approval of existing encroachments. 

(f) Class 6 includes the collection of basic data, research and experi- 
ments carried out by the board or Department, their officers and em- 
ployees, which are necessary for planning and feasibility studies, investi- 
gations and preparation of environmental documents. 

(g) Class 9 includes the inspection of the facilities listed in Class I and 
other approved encroachments or existing nonconforming encroach- 
ments. 

(h) Class 12 includes the sale or exchange of surplus property, as lim- 
ited by the CEQA Guidelines. Class XII also includes the issuance or 
grant of a license, lease, easement, or agreement pursuant to section 1 9. 

(i) Class 13 includes acquisition of land for fish and wildlife conserva- 
tion or mitigation purposes where the land will be preserved in its natural 
condition or where the habitat will be enhanced for fish and wildlife pur- 
poses. 

(j) Class 14 includes acquisition, sale, or transfer of land for park or 
similar purposes as limited by the CEQA Guidelines. 

(k) Class 21 includes the enforcement of the orders, terms, or condi- 
tions of approvals or permits of the board. 

(/) Class 25 includes acquisition or transfer of land that will preserve 
open space as limited by the CEQA Guidelines. 

NOTE: Authority cited: Section 8571, Water Code; and Section 2 1082, Public Re- 
sources Code. Reference: Section 21080.1 and 21082. Public Resources Code; 
Sections 8361 and 12878.21, Water Code; Title 14. California Code of Regula- 
tions, Sections 15300.4, 15301, 15302, 15303, 15304, 15305, 15306. 15309. 
15312, 15313, 15314, 15321, 15325. 

History 

1. New section and appendix A filed 9-30-96; operative 10-30-96 (Register 96. 
No. 40). 



Page 4.45 



Register 96, No. 40; 10-4-96 



§ 193 App. A BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23 

APPENDIX A 

STATE OF CALIFORNIA 
THE RESOURCES AGENCY 

THE RECLAMATION BOARD 

1416 Ninth Street. Room 455-8 

Sacramento, California 95814 

Telephone: (916) 653-5726 

FAX (916) 653-5805 



GENERAL INFORMATION 
REGARDING APPLICATIONS FOR ENCROACHMENT PERMITS 



These instructions will provide you with information on how to prepare your application for a Reclamation 
Board encroachment permit. 

Approval by the Board is required for projects or uses which encroach into rivers, waterways, and floodways 
within and adjacent to federal and State authorized flood control projects and within designated floodways 
adopted by the Board. You must obtain Board approval before you begin certain uses or construction work 
on any proposed project within these areas. 

The Board exercises jurisdiction over the levee section, the waterward area between project levees, a 
10-foot-wide strip adjacent the landward levee toe, within 30 feet of the top of the banks of unleveed project 
channels, and within designated floodways adopted by the Board. Activities outside of these limits which 
could adversely affect the flood control project are also under Board jurisdiction. Maps of designated flood- 
ways are available for inspection at the Board's office in Sacramento, city and county planning or public 
works departments, and county recorders' offices. Questions relative to proposed projects or uses which may 
require Board approval should be directed to The Reclamation Board, Attention: Floodway Protection Sec- 
tion, 1416 Ninth Street, Room 455-8, Sacramento, California 95814, or telephone (916) 653-5726. 

Four copies of the completed application and drawings, one completed copy of the Environmental Question- 
naire, and any other environmental documents must be submitted. The application must be made on forms 
provided by the Board and must contain the following information: 

1 . A concise description of the proposed project or use. 

2. The county, section, township, range, and the base and meridian in which the proposed project or uses 
are located. 

3. The name, address, telephone number, and FAX number (if any) of the applicant. 

4. An endorsement must be obtained from the reclamation, levee, or flood control district responsible for 
levee maintenance. Special conditions may be added to the permit at the request of the district. If the 
maintaining district delays or declines to endorse the application, it may be submitted to the Board with- 
out endorsement with a written explanation as to why the application was not endorsed by the maintain- 
ing district. 

5. A current list of the names and addresses of all the adjacent property owners. 

6. If applicable, provide the name and address of the Lead Agency responsible for preparing environmental 
documentation regarding the proposed project as required by the California Environmental Quality Act 
of 1970. The environmental questionnaire provided by the Board must be completed and submitted as 
part of your application. 

7. Four copies of exhibits and drawings depicting the project or use. 

8. At least two color photographs (polaroids or snapshots are acceptable) showing different views of the 
project site. Include captions which explain what the photograph is depicting. 

9. The name and address of the owner of the proposed project or use if different from the person filing the 
application. 

You should include with your application any additional information that would be helpful in evaluating 
your proposed project or use. 

The application must be signed and dated. 



• 



Page 4.46 Register 96, No. 40; 10-4-96 



Title 23 Reclamation Board § 193 App. A 

Your completed application may be mailed or delivered in person to: 

The Reclamation Board 
Attention: Floodway Protection Section 
1416 Ninth Street, Room 455-8 
Sacramento, California 95814 



The Board has adopted standards for work which encroaches into the area under its jurisdiction. Copies of 
the standards are available upon request. A typical levee cross section and terminology are presented in Ex- 
hibit 1. 

Minimum Requirements and Format for Drawings 

1 . The following information is required to evaluate the work described in your application. Additional 
information may be required depending upon the nature of the project. 

A. The title block of each sheet should identify the proposed activity and include the name of the appli- 
cant, number of the sheet, total number of sheets in the set, and date the drawing was prepared. 

B. The name of the stream, river mile, scale, north arrow, datum reference, and other information as 
required. 

C. The exact location of the proposed project in relation to identifiable landmarks. 

D. Plan and elevation views of the proposed project or use and the proximity of the proposed project 
or use in relation to existing facilities, property lines, levees, streams, etc. 

E. Drawings of levee cross sections or profiles must indicate the elevations of levee crowns, toes, low- 
water surface, and design flood plane. These drawings should include horizontal and vertical scales 
and must be referenced to a known elevation datum. 

2. Please use the following format: 

A. Prepare the drawings on 8-l/2-by-l 1-inch sheets (when possible) in accordance with the general 
format depicted in Exhibits 2, 3, and 4. 

B. Allow a 1-inch binding margin on the top side of each sheet. 

C. Because additional copies of the drawings may have to be reproduced photographically, color shad- 
ing cannot be used. Drawings must show shading as dot shading, cross hatching, or similar graphic 
symbols. 

Application Processing 

Upon receipt of an application, a general review is made to determine if it is adequately complete to begin 
processing. If the application is found to be complete, it will be assigned a number and a letter will be sent 
to the applicant acknowledging receipt of the application. The Board will send a notice of the pending appli- 
cation to the adjacent property owners. If, during the review process, the application is found to be incom- 
plete, it will be returned or the apphcant will be advised by letter of the deficiencies in the application. If these 
deficiencies are not corrected within a reasonable time limit, processing of the application will be terminated. 

The applicant may be notified of a need for additional studies. 

A copy of the application is sent to the U.S. Army Corps of Engineers for review and comment. 

The Board staff performs some level of environmental review of the potential impacts of the proposed proj- 
ect or use. 

The project or use described in the permit issued on each approved application is subject to 1 2 general condi- 
tions. A number of special conditions may be added to the approved permit depending on the nature of the 
proposed activity. 

The majority of applications filed are approved by the Board's General Manager. If the General Manager 
denies an application, the applicant has the right to appeal to the Board. Requests for Board consideration 
should be in writing and should include a statement of facts as to why an appeal is being made to the Board. 

Applications which must be considered by the Board are placed on the agenda of the next regular Board 
meeting. The applicant and all interested parties are notified of the meeting and may appear and present their 
views to the Board for its consideration. 

After an application has been approved by the Board, any requests for revisions to the proposed or completed 
project which have not been approved by the Board must be submitted in writing to the Board for approval. 
Revised applications are processed in the same manner as new applications. 

Page 4.47 Register 96, No. 40; 10-4-96 



§193App.A BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23 

Acceptance of a Permit 

You must notify the Department of Water Resources ten days before construction begins by mailing the prc- 
addressed start card furnished by the Board when the permit is issued. This card will contain the current ad- 
dress and telephone number of the Department of Water Resources' Flood Project Inspection Section which 
provides inspection services on behalf of the Board. The beginning of any work described in the permit con- 
stitutes acceptance by the applicant that work will be done in compliance with the general and special condi- 
tions listed in the permit. 

Inquiries about procedures or other details may be made in person or by correspondence to The Reclamation 
Board, Attention: Floodway Protection Section, 1416 Ninth Street, Room 455-8, Sacramento, California 
95814; by FAX at (916) 653-5805; or by calhng (916) 653-5726. Please include the Board's application 
number when inquiring about an application. 



Page 4.48 Register 96, No. 40; 10-4-96 



Title 23 



Reclamation Board 



§193App.A 



Exhibit 1 
Project Lev«e Standards and Tarminology 



Channel 




LEFT SIDE 



To» of ritmf bank^ 1 

Channel botfo/fr 



RIGHT SIDE 



TYPICAL FLOOOWAY 
LOOKING DOWNSTREAM 

NOT TO SCALE 



ITEM 


MINIMUM DIMENSIONS 
OF STANDARD LEVEE SECTIONS 


MAIN RtVER 
CHANNELS 


MAJOR 
JRteUTARIES 


MINOR 
TRIBUTARIES 


fff PAS,SK.<i 


CROWN W(CTN 


20' 


20' 


12' 


20' 


LAND SLOPE 


1 on 2 


1 on 2 1 1 on 2 


1 an 2 


WATER SLOPE 


1 on 3 


1 on 3 


1 on 3 


1 on 3 


FREEBOARO 


3- *" 


3' 


3' 


4' to 6' 


PATROL ROAO WIDTH 


t2* 


12' 


10' 


12' 


NOTE \\\ 5 r^tvt on Main 


ChonncI btiow Cache Slauqii (Sacramttnto 


'iverl 



Page 4.49 



Register 96, No. 40; 10-4-96 



§193App.A 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



EXHIBIT 2 



/w>^o-=cr:«»^* '»* 




Bfi€AK£R 






— s 27ee 



3c:' 



/o 



SJfOiJ*JO :iJhl£'\ 



ANC^R 8iJXKS 



1 






■fO 



+-- 

I 



•3*00 



2*00 



< SCAiS HO/^/Z J"' SO' 



uoo 



£i (iA7£ 



— cr — t) • ' 






^IVef^ MILE' 54.6S 

lei/eeM/ie- //,74 

STAT f ON' ZSlHSiL 



PATROL ROAD 



mTM W€ PlCiAl»AT/0/iJ BOA/tD 
STAND A/iDS / .inaPICATlOhiS, 




Page 4.50 



Register 96, No. 40; 10-4-96 



Title 23 



Reclamation Board 



§193App.A 



EXHIBIT 3 




EteVATlOM 



d*,tl/ka- matioual CeoOtTic viettCAL. 



o (o 2o Peer v»«tical 
1 I I 



A lo zo so 4o &} Ferr HoRizoigrAL 
I ■ I ' ' 




MOJier s)n 



io* M^»'#^ /•/. </ ^ 



Aitftjift^an yo/y0 



'£M/mfma Pump 




« o» < [ 



VICJWITY MAP 



»CAH iw ^%%-r 



FMPC$(0 UUHSmCVH 

OF trOfA. Snil OUUALl 

fOUei MAIN 



CITY Of 9AC«AMeWT0 

1^5 I smeiT 

SACKAMthJTO CA.9SSI4. 

DAT TlMB PHOhJE (^1^) 4*^-%20l 



Sheei /of 1 

3 • to- SO 



Page 4.51 



Register 96, No. 40; 10-4-96 



§ 193 App. A 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



EXHIBIT 4 



I Approx ?.SO Cu Yds of Son A Afo/er/O' 
, /o ^* Remoi'-ed f j^/ocec on 

Up/One/ Prooeffy 



t 



^Af>,C*-otK^»^ of 3*fnn 




^/otf^//»y Oac^ 




200' 



3acrorr>*f>fo Rf^^f ^/Of^ 



91M View 



SACAAMCMTD 



VICIWITY MAP 



o 1 X s 4 

< I I.I I 






Design Flood P / pne 3i.S* 



.^^. 



/do ' To ^ of LCi^ee 

i^ — yu: -. 



/tamp 






O0ek 4" ^o^f^ f/oo^o^fOrt 




SSZCu fdS. of J^ock. 
Ma*s a/<a^ff S^o*-€ 



ClIVATION 



I I I I H I 1 1 I < 



to rtir 



\ ^T X. \ DATUM- wATidwAL aroocrie vtnTicAt 



PItOPOSfO &ANIC PROrCCTION 

^ DOCK srsrcM 

OM TNI SACI^AMfNT^ HfVffR 



Page 4.52 



Register 96, No. 40; 10-4-96 



Title 23 



Reclamation Board 



§ 193 App. A 



STATE OF CALIFORNIA 
THE RESOURCES AGENCY 

THE RECLAMATION BOARD 



SAMPLE 



00000 CM 



SAMPLE 



PERMIT NO. 



This Permit is issued to: 

Mr. John Doe 

John Doe Irrigation District 
1234 Any Street 
Anywliere, California 00000 



To install a 60-inch-diameter water pipeline within a 78-inch-diameter casing and a 
24-inch-diameter water pipeline within a 42-inch-diameter casing under Any Stream. 
The project is located in the City of Anywhere approximately 1 ,400 feet upstream from 
The Road. Section 00, TOS, ROOE, M.D.B.&M., Any Stream, Sacramento County 

NOTE: Special Conditions have been incorporated herein which may place 
limitations on and/or require modification of your proposed project 
described above. 



The Reclamation Board, on the day of , 

19 , approved this application and the plans attached thereto. Permission is granted to proceed with the work described in 

this application, which is incorporated herein by reference, subject to the following General and Special Conditions. 



(SEAL) 



Dated: 



General Manager 



GENERAL CONDITIONS: 

ONE: This permit is issued under the provisions of Sections 8700 - 8723 of the Water Code. 

TWO: Only work described in the subject application is authorized hereby. 

THREE: This permit does not grant a right to use or construct works on land owned by the Sacramento and San Joaquin Drainage 
District or on any other land. 

FOUR: The approved work shall be accomplished under the direction and supervision of the State Department of Water Re- 
sources, and the permittee shall conform to all requirements of the Department and The Reclamation Board. 

FIVE: Unless the work herein contemplated shall have been commenced within one year after issuance of this permit, the Board 
reserves the right to change any conditions in this permit as may be consistent with current flood control standards and policies 
of The Reclamation Board. 

SIX: This permit shall remain in effect until revoked. In the event any conditions in this permit are not complied with, it may 
be revoked on 15 days' notice. 

SEVEN: It is understood and agreed to by the permittee that the start of any work under this permit shall constimte an acceptance 
of the conditions in this permit and an agreement to perform work in accordance therewith. 

(over) 



Page 4.53 



Register 96, No. 40; 10-4-96 



§ 193 App. A BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23 

EIGHT: This permit does not establisii any precedent with respect to any other application received by The Reclamation Board. 

NINE: The permittee shall, when required by law, secure the written order or consent from all other public agencies having juris- 
diction. 

TEN: The permittee is responsible for all personal liability and property damage which may arise out of failure on the permittee's 
part to perform the obligations under this permit. If any claim of liability is made against the State of California, or any depart- 
ments thereof, the United States of America, a local district or other maintaining agencies and the officers, agents or employees 
thereof, the permittee shall defend and shall hold each of them harmless from each claim. 

ELEVEN: The permittee shall exercise reasonable care to operate and maintain any work authorized herein to preclude injury 
to or damage to any works necessary to any plan of flood control adopted by the Board or the Legislature, or interfere with the 
successful execution, functioning or operation of any plan of flood control adopted by the Board or the Legislature. 

TWELVE: Should any of the work not conform to the conditions of this permit, the permittee, upon order of The Reclamation 
Board, shall in the manner prescribed by the Board be responsible for the cost and expense to remove, alter, relocate, or recon- 
struct all or any part of the work herein approved. 

SPECIAL CONDITIONS: 

THIRTEEN: That all work shall be in accordance with the submitted drawings and specifications dated December 1 991 except 
as modified by special permit conditions herein. No further work, other than that covered by this permit, shall be done in the area 
without the prior approval of The Reclamation Board. 

*FOURTEEN: That in the event trees and brush are cleared, they shall be completely burned or otherwise removed from the 
overflow area of Dry Creek, and no downed trees or brush shall be allowed to remain in the floodway during the flood season 
between November 1 and April 15. 

*FIFTEEN: That no excavation shall be made or allowed to remain in the creek banks between November 1 and April 15. 

SIXTEEN: That the backfill material for the bore pit and receiving pit excavation shall be placed in layers and compacted to 
a density equal to that of the adjacent undisturbed material. 

SEVENTEEN: That the work area shall be restored to at least the same condition that existed prior to commencement of work. 

EIGHTEEN: That the permittee shall assume all responsibility for protection, relocation, or removal of the permitted project 
works if required by the Board. 

NINETEEN: That the applicant shall provide inspection services acceptable to the Board. A civil engineer registered in the State 
of California shall certify that all work was thoroughly inspected and performed in accordance with the submitted plan drawings, 
specifications, and permit conditions. 

TWENTY: The permittee shall notify the Department of Water Resources by telephone, (916) 445-6386, at least ten working 
days prior to start of work. 



*November 15 to July 20 depending on location of stream. 



Page 4.54 Register 96, No. 40; 10-4-96 



Title 23 



Reclamation Board 



§ 193 App. A 



State of California 
Agency 



THE RECLAMATION BOARD 
Application No. 



(For Office Use Only) 



APPLICATION FOR A PERMIT 



The 



Resources 



1 . Description of proposed work: 



2. Location: 
Township: 

3. 



(N) 

(S), Range 



Name of Apphcant 



County, in Section 

(E) 
(W), M.D.B.&M. 

of 



Address 



City 



4. Endorsement: (of Reclamation District) 
We, the Trustees of 



State 



ZIP Code 



Telephone Number 



FAX Number 



District Name and Number 



approve this plan, subject to the following conditions: 
I I Conditions listed on back of this form [[] Conditions Attached 



I I No Conditions 



Trustee 



Date 



Trustee 



Date 



5. Names and addresses of adjacent property owners sharing a common boundary with the land upon which the contents of this 
application apply. If additional space is required, list names and addresses on back of the application form or an attached sheet. 



Name 



Address 



ZIP Code 



6. Has an environmental determination been made of the proposed work under the California Environmental Quality Act of 
1970? r-J Yes □ ^o j— j Pending 

If yes or pending, give the name and address of the lead agency and State Clearinghouse Number: 



SCH NO. 



DWR 3615 (Rev. 4/94) Side A 



Page 4.55 



Register 96, No. 40; 10-4-96 



§ 193 App. A BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23 



7. When is the project scheduled for construction? 



8. Please check exhibits accompanying this application. 

A. I I Map showing the location of the proposed work. 

B. rn Drawings showing plan and elevation views of the proposed work, scale, materials of construction, etc. 

C. LJ Drawings showing the cross section dimensions and elevations of levees, berms, stream banks, tlood plain, low 

flow, etc. 

D. rn Drawings showing the profile elevations of levees, berms, flood plain, low flow, etc. 

E. Q Photograph depicting the project site. 

9. Is the applicant acting for the owner of the proposed works? | | Yes | | No 

If yes, the name, address and telephone number of the owner is 



Signature of Applicant Date 



For additional information: 



DWR 3615 (Rev. 4/94) Side B 



Page 4.56 Register 96, No. 40; 10-4-96 



Title 23 Reclamation Board § 193 App. A 



ENVIRONMENTAL ASSESSMENT QUESTIONNAIRE 
FOR APPLICATIONS FOR RECLAMATION BOARD ENCROACHMENT PERMITS 

This environmental assessment questionnaire must be completed for all Reclamation Board applications. 
Please provide an explanation where requested. Incomplete answers may result in delays in processing per- 
mit applications. Failure to complete the questionnaire may result in rejection of the application. 

1. Has an environmental assessment or initial study been made or is one being made by a local or State 
permitting agency in accordance with the California Environmental Quality Act? 

Yes No . If yes, identify the Lead Agency, type of document prepared or which 

will be prepared, and the State Clearinghouse number: 



2. Will the project require certification, authorization or issuance of a permit by any local. State, or federal 
environmental control agency? 

Yes No . List all other governmental permits or approvals necessary for this 

project or use, including U.S. Army Corps of Engineers' 404 and Section 10 permits. State Water Quality 
Certification, Department of Fish and Game 1600 agreement, etc. Attach copies of all applicable per- 
mits. 



3. Give the name and address of the owner of the property on which the project or use is located. 



4. Will the project or use require issuance of a variance or conditional use permit by a city or county? 
Yes No . Explain: 



5. Is the project or use currently operating under an existing use permit issued by a local agency? 
Yes No . Explain: 



Page 4.57 Register 96, No. 40; 10-4-95 



§ 193 App. A BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23 

6. Describe all types of vegetation growing on the project site, including trees, brush, grass, etc. 



7. Describe what type of wildlife or fish may use the project site or adjoining areas for habitat, food source, 
nesting sites, source of water, etc. 



Has the Department of Fish and Game, U.S. Fish and Wildlife Service, or National Marine Fisheries 
Service been consulted relative to the existence of, or impacts to, threatened or endangered species on 
or near the project site? 

Yes No . Explain: 



9. Will the project or use significantly change present uses of the project area? 
Yes No . Explain: 



10. Will the project result in changes to scenic views or existing recreational opportunities? 
Yes No . Explain: 



1 1. Will the project result in the discharge of silt or other materials into a body of water? 
Yes No . Explain: 



Page 4.58 Register 96, No. 40; 10-4-96 



Title 23 Reclamation Board § 193App.A 

12. Will the project involve the application, use, or disposal of hazardous materials? 

Yes No . If yes, list the types of materials, proposed use, and disposal plan. Pro- 
vide copies of all applicable hazardous material handling plans. 



13. Will construction activities or the completed project generate significant amounts of noise'.-' 
Yes No . Explain: 



14. Will construction activities or the completed project generate significant amounts of dust, ash, smoke, 
fumes, or odors? 

Yes No . Explain: 



15. Will the project activities or uses involve the burning of brush, trees, or construction materials, etc.? 
Yes No . Explain, and identify safety and air pollution control measures: 



16. Will the project affect existing agricultural uses or result in the loss of existing agricultural lands? 
Yes No . Explain: 



1 7. Have any other projects similar to the proposed project been planned or completed in the same general 
area as the proposed project? 

Yes No . Explain and identify any other similar projects: 



Page 4.59 Register 96, No. 40; 1 - 4 - 96 



§193App.A BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23 

1 8. Will the project have the potential to encourage, facilitate, or allow additional or new growth or devel- 
opment? 

Yes No . Explain: 



19. Will materials be excavated from the floodplain? 

Yes No 



THE REMAINING QUESTIONS MUST ONLY BE ANSWERED IF THE ANSWER TO QUESTION 
NO. 19 WAS "YES." IF THE ANSWER TO QUESTION NO. 19 WAS "NO," YOU DO NOT NEED TO 
COMPLETE THE REMAINING QUESTIONS. 

A. What is the volume of material to be excavated? 

Annually Total 



B. What types of materials will be excavated? 

C. Will the project site include processing and stockpiling of material on site? 
Yes No . Explain: 



D. What method and equipment will be used to excavate material? 



E. What is the water source for the project? 



F. How will waste materials wash water, debris, and sediment be disposed of? 



G. What is the proposed end land use for the project site? 



H. Has a reclamation plan been prepared for this site in accordance with the Surface Mining and Rec- 
lamation Act of 1975? 



Yes No . If yes, please attach a copy. 



* * Pi- 



page 4.60 Register 96, No. 40; 10-4-96 



J^ 



Barclays Ojficial 

California 

Code of 
Regulations 



Title 23. Waters 

Division 1.5. Flood Plain Management 



Vol. 32 



XHOIVISOIM 

^ ^ 

WEST 



Barclays Official California Code of Regulations 

425 Market Street • Fourth Floor • San Francisco, CA 94105 
800-888-3600 



Title 23 



Flood Plain Management 



Table of Contents 



Division 1.5 Flood Plain Management (Department of 
Water Resources and Reclamation Board) 

Table of Contents 



Page 



Page 



Article 1 



Article 2. 



Article 3. 





General Provisions 


.. . 5 


§221. 


Designated Floodway Regulations. 


§200. 


Purpose of Regulations. 




§222. 


Restrictive Zone Regulations. 


§201. 


Definitions. 








§202. 


Official Records. 




Article 4. 


Review of Proposed 


§ 203. 


Filing Fees. 






Regulations 




Notification of Need for 




§230. 


Types of Review. 




Regulations 


...5 


§231. 

§232. 


Priority. 
Mandatory Review. 


§211. 


Purpose of Article. 




§233. 


Voluntary Review. 


§212. 


Notification. 








§213. 


Corps of Engineers' Projects. 




Article 5. 


Studies to Support 


§214. 
§215. 


Soil Conservation Service Projects. 
Hood Plain Regulations. 






Regulations 


§216. 


Notification of Noncompliance. 




§240. 


Responsibility. 




Types of Regulations 


... 6 


§241. 


Studies by the Department or 
Board. 


§220. 


General. 




§242. 


Application for Study. 



Page i 



Title 23 



Flood Plain Management 



§213 



Division 1.5 Flood Plain Management 

(Department of Water Resources and 

Reclamation Board) 



Article 1 . General Provisions 

§ 200. Purpose of Regulations. 

These regulations are adopted as an aid to carrying out the provisions 
of tlie Cobey-Alquist Flood Plain Management Act. Recognizing that 
flood plain regulations are justified only in areas subject to flood hazard, 
the Department or the Board shall construe neither these regulations nor 
the Act as requiring restrictions on the use of lands which are not subject 
to such flood hazard. 

NOTE: Authority cited for joint filing of new Chapter 1 .5 by Department of Water 
Resources and Reclamation Board: Section 8415, Water Code. Reference: Sec- 
tions 8400 et seq.. Water Code. 

History 
1. New Chapter 1.5 (§§ 200-203, 211-215, 220-222, 230-233, 240-242) filed 
5-2-67 by Department of Water Resources and Reclamation Board jointly on 
5-2-67; effective thirtieth day thereafter (Register 67, No. 18). 

§201. Definitions. 

As used in these regulations the terms listed below shall have the 
meanings noted: 

(a) (Reserved) 

(b) (Reserved) 

(c) (Reserved) 

(d) Design Flood. "Design Flood" shall mean the selected flood 
against which protection is provided, or eventually will be provided, by 
means of flood protective or control works. When a federal survey has 
been authorized the design flood will be determined by the appropriate 
federal agency, and in all other cases, it will be determined by the respon- 
sible local agency. It is the basis for design and operation of a particular 
project after full consideration of flood characteristics, frequencies, and 
potentials, and economic and other practical considerations. 

(e) Designated Floodway. "Designated floodway" shall mean the 
channel of the stream and that portion of the adjoining flood plain re- 
quired to reasonably provide for the construction of a project for passage 
of the design flood, including the lands necessary for construction of 
project levees. 

(f) (Reserved) 

(g) Flood Plain. "Flood plain" shall mean the relatively flat area or 
lowlands adjoining the channel of a river, stream, watercourse, ocean, 
lake, or other body of standing water, which has been or may be covered 
by floodwater. 

(h) Adjoining Flood Plain. "Adjoining flood plain" shall mean that 
portion of the flood plain contiguous to a particular river, stream, water- 
course, or other body of water which might reasonably be expected to 
flood at depths or velocities which could endanger Ufe or where en- 
croachment upon which could significantly restrict the carrying capacity 
of the floodway under conditions resulting from a design flood. For 
streams traversing alluvial cones, the "adjoining flood plain" for pur- 
poses of these rules and regulations shall be construed to refer only to the 
existing active stream channel area and the immediately adjoining active 
overflow area. 

(i) Appropriate Pubhc Agency. "Appropriate public agency," as that 
term is used in Water Code Section 841 1, shall mean any city, city and 
county, county, or other public agency organized, existing, and acting 
pursuant to the laws of this State, which is authorized under the laws of 
this State to exercise the police power to establish flood plain regulations 
within its jurisdiction. 

(j) Federal Agency. "Federal agency" shall mean any agency of the 
Federal Government which is responsible under federal law for construc- 
tion of a flood control project. 



(k) Completion of a Federal Project Report. 

(1) A federal project report is considered complete, except for small 
flood control projects (United States Corps of Engineers) and small wa- 
tershed projects (United States Soil Conservation Service), when it is 
transmitted to the Congress of the United States for project authorization. 

(2) A report on a small flood control project is considered complete 
when the final project report is approved by the Chief of Engineers. 

(3) A report on a small watershed project is considered complete when 
the small watershed plan is approved by the State Conservationist of the 
United States Soil Conservation Service. 

(1) Act. "Act" shall mean the Cobey-Alquist Flood Plain Management 
Act as set forth in Chapter 4 (commencing with Section 8400) of Part 2 
of Division 5 of the California Water Code, and any and all amendments 
made or which may hereafter be made thereto. 

History 

1. Amendment of subsections (d) and (I) filed 8-20-74; effective thirtieth day 
thereafter (Register 74, No. 34). 

2. Order of Repeal of subsections (a-c) and (f) filed 6-3-85 by OAL pursuant to 
Government Code Section 11 349.7; effective thirtieth day thereafter (Register 
85, No. 26). 

§ 202. Official Records. 

Official records of the Department or Board may not be taken from the 
custody thereof, but access thereto and inspection thereof will be per- 
mitted during regular office hours and copies will be made and certified 
as required, the expense thereof to be borne by the person requiring the 
same. 

§ 203. Filing Fees. 

History 
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 
11 349.7; effective thirtieth day thereafter (Register 85, No. 26). 



Article 2. 



Notification of Need for 
Regulations 



§ 21 1 . Purpose of Article. 

This article outlines the procedure that the Department and the Board 
will follow to notify pubhc agencies to estabUsh necessary flood plain 
regulations. 

History 
1. Amendment filed 8-20-74; effective thirtieth day thereafter (Register 74, No. 

34). 

§212. Notification. 

Pubhc agencies will be notified of prospective requirements for regu- 
lations as soon as the Department or Board is informed that a federal 
agency has initiated a study for flood control. The sequence of notifica- 
tion is described in the following sections. 

§ 213. Corps of Engineers' Projects. 

The Corps of Engineers notifies the Department and the Board when 
it schedules a public hearing to determine local opinion regarding an an- 
ticipated flood control study. The Department or the Board will have a 
representative at the hearing who will explain the Act and possible re- 
quirements for flood plain regulations. 

(a) If the public hearing demonstrates support for a study, and if the 
Corps of Engineers decides to proceed and issues a notice of initiation of 
investigation to all interested agencies, the public agency or agencies will 
be notified by letter of the existence of the Cobey-Alquist Flood Plain 
Management Act, and copies of these reguladons will be transmitted for 
their guidance. 

(b) When the report of the Corps of Engineers is transmitted to the 
Congress favorably recommending a project and its authorization, or 
when the final project report on a small flood control project is approved 
by the Chief of Engineers, the Department or Board will send a final letter 
to the public agency. The final letter will advise that necessary regula- 
tions must be established within one year if the proposed project is to be 



Page 5 



(4-1-90) 



§214 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



eligible for state financial assistance for the costs of lands, easements, 
and rights-of-way. 

History 

1. Amendment of subseetions (a) and (b) filed 8-20-74; effective thirtieth day 
thereafter (Register 74, No. 34). 

2. Order of Repeal of subsection (c) filed 6-3-85 by OAL pursuant to Government 
Code Section 1 1 349.7; effective thirtieth day thereafter (Register 85, No. 26). 

§ 214. Soil Conservation Service Projects. 

Applications for planning watershed protection and flood prevention 
projects (Public Law 83-566 projects) are approved by the Slate Re- 
source Conservation Commission and the Administrator of the Soil Con- 
servation Service. At the time the State Resource Conservation Commis- 
sion considers an application, a Department or Board representative will 
appear to explain the act. 

(a) When the Department or Board is informed that the Commission 
and the Administrator of the Soil Conservation Service have approved a 
study for planning, the Department or the Board will notify the public 
agency by letter similar in form to the notification prescribed by Section 
213(a) above. 

(b) When the final report of the Soil Conservation Service is submitted 
to the Congress for authorization, or in the instance of a small watershed 
project, when the plan is approved by the State Conservationist of the Soil 
Conservation Service, a letter similar in form to the notification pre- 
scribed by Section 213(b) above will be sent to the public agency. 

History 

1 . Amendment filed 8-20-74; effective thirtieth day thereafter (Register 74, No. 

34). 

§ 215. Flood Plain Regulations. 

The Department or Board shall review the flood plain regulations es- 
tablished by the public agency to determine if they meet the provisions 
of the act. 

(a) When the Department or Board determines that the established 
flood plain regulations meet the provision of the act, the public agency 
will be notified by letter. 

(b) When the Department or Board determines that the established reg- 
ulations do not meet the provisions of the act, the local agency shall with- 
in 1 80 days of receipt of notice from the Department or Board adopt new 
flood plain regulations and send a copy thereof to the Department or 
Board. 

(c) If the public agency fails to adopt flood plain regulations pursuant 
to Sections 213 and 214 above, or if the flood plain regulations do not 
meet the provisions of the act and the public agency fails to adopt new 
flood plain regulations within 180 days of receipt of the Department' s or 
Board's notice or fails to adopt or modify such regulations as recom- 
mended by the Department or Board within 90 days of receipt of a second 
notice, the Department or Board shall request the flood control agency 
having jurisdiction over the project to adopt flood plain regulations to 
meet the provisions of the act. The flood control agency must then adopt 
satisfactory flood plain regulations within two years of the date of the fi- 
nal letter (Section 213(b)) to the public agency or within 180 days after 
it is first empowered by Section 8414 of the act to adopt such regulations, 
as a condition for state financial grants for costs of lands, easements and 
rights-of-way. 

History 

1 . Repealer and new section filed 8-20-74; effective thirtieth day thereafter (Reg- 
ister 74, No. 34). 

§ 21 6. Notification of Noncompliance. 

When the appropriate public agency fails to establish the necessary 
flood plain regulations within the times prescribed in he act, the Depart- 
ment or Board shall notify the public agency by letter that it did not com- 
ply with the provisions of the act. 
Note; Authority cited: Section 8400 et seq., Water Code. 

History 
1. New section filed 8-20-74; effective thirtieth day thereafter (Register 74, No. 

34). 



Article 3. Types of Regulations 

§ 220. General. 

Flood plain regulations established by a public agency pursuant to Wa- 
ter Code Section 841 1 need be applied only to the designated floodway. 
Such regulations may take various forms so long as they accomplish the 
purposes intended by the act. Exemplary, not exclusive, acceptable regu- 
lations are the following: 

(a) Flood plain zoning ordinances. 

(b) Grading or setback ordinances. 

(c) Ordinances controlling subdivision development. 

(d) Ownership in the public agency of necessary flood control rights- 
of-way encompassing the designated floodway. 

History 
1. Amendment filed 8-20-74; effective thirtieth day thereafter (Register 74, No. 
34). 

§ 221. Designated Floodway Regulations. 

Since the flood hazard in the designated floodway is usually very great 
due to the greater depth and higher velocity of floodflows, permitted uses 
should be carefully considered. 

(a) Uses may include those open space uses which require no staic- 
tures, landfill, or stream channel alteration, consfituting a threat to life or 
significantly affecung the carrying capacity of the floodway. 

(b) Permitted uses may include crop arming, truck gardening, live- 
stock grazing, and similar agricultural or recreational uses. 

(c) Uses may be restricted on an interim basis prior to project construc- 
tion so long as permanent regulations are adopted within one year after 
being advised that necessary regulations must be established. 

(d) Use regulation must provide that no buildings or structures shall 
be constructed, altered, moved within or into the designated floodway, 
which will endanger life or significantly restrict the carrying capacity of 
the floodway. 

History 
1. Amendment of subsection (c) filed 8-20-74; effective thirtieth day thereafter 
(Register 74, No. 34). 

§ 222. Restrictive Zone Regulations. 

History 
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 
1 1349.7; effective thirtieth day thereafter (Register 85, N. 26). 



Article 4. Review of Proposed Regulations 

§ 230. Types of Review. 

A public agency may, pursuant to Water Code Section 8403, request 
that the Department or Board review its proposed flood plain manage- 
ment regulations. Regulafions prepared as a condifion to receiving state 
financial assistance, pursuant to Water Code Section 841 1, must be sub- 
mitted to and approved by the Department or Board. 

§ 231 . Priority. 

Priority of review will be given to review of those regulations prepared 
to satisfy the statutory requirement for receiving state financial assis- 
tance in connection with federal projects. 

§ 232. Mandatory Review. 

Proposed regulations prepared pursuant to Water Code Section 841 1 
should define the area to be regulated. These regulations, accompanied 
by any other data reasonably required for complete review, must be sub- 
mitted to the Department or Board for approval. 

History 
1. Amendment filed 8-20-74; effective thirtieth day thereafter (Register 74, No. 

34). 

§ 233. Voluntary Review. 

Flood Plain Management regulafions submitted for state review pur- 
suant to Water Code Secfion 8403 must be accompanied by all of the sup- 



Page 6 



(4-1-90) 



Title 23 



Flood Plain Management 



§242 



porting data upon which such regulations are based. These data shall in- 
clude necessary hydrologic studies, flood routings, maps, and surveys 
adequate to properly delineate flood plain categories. The review of pro- 
posed regulations submitted by local agencies under this section will in- 
clude a study of the local agency's selected flood. 

History 

1 . Amendment filed 8-20-74; effective thirtieth day thereafter (Register 74, No. 

34). 



Article 5. Studies to Support Regulations 



§ 240. Responsibility. 

Public agencies shall be responsible for (1) the acquisition of all hy- 
drologic data, including development of flood routing information, (2) 
the conduct of land surveys to properly delineate flood plain categories, 
and (3) the acquisition or development of any other materials or studies, 
necessary to promulgate and legally support valid flood plain land use 
regulations. 



History 

1. Amendment filed 4-13-73; effective thirtieth day thereafter (Register 73, No. 
15). 

2. Amendment filed 8-20-74; effective thirtieth day thereafter (Register 74, No. 

34). 

§ 241 . Studies by the Department or Board. 

(a) The Department or Board may conduct the activities required by 
Section 240 if so requested by a public agency. 

(b) In conducting such activities, the Department or Board will be 
guided by the criteria of the public agency, if the criteria is reasonable un- 
der the circumstances and generally consistent with accepted practice. 

(c) The costs of conducting such activities shall be borne by the local 
agency making the request. 

History 
1. Amendment of subsections (a) and (b) filed 8-20-74; effective thirtieth day 
thereafter (Register 74, No. 34). 

§ 242. Application for Study. 

History 
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 
11 349.7; effective thirtieth day thereafter (Register 85, No. 26). 



• 



Page? 



(4-1-90) 



Barclays Official 

California 

Code of 
Regulations 



Title 23. Waters 

Division 2. Department of Water Resources 



Vol. 32 



• 



XMOIVISOIM 

^ 

WEST 



Barclays Official California Code of Regulations 

425 Market Street • Fourth Floor • San Francisco, CA 94105 
800-888-3600 



Title 23 



Department of Water Resources 



Table of Contents 



Division 2. Department of Water Resources 



Table of Contents 



Page 



Page 



Chapter 1. 
Article 1. 



Dams and Reservoirs 
General Provisions . 



§301. 


Definitions. 


§ 302. 


Purpose and Effect of Regulations. 


§ 303. 


Evidence of Water Rights. 


§304. 


Civil Engineering Plans and 




Specifications. 


§ 305. 


Civil Engineering Supervision of 




Construction. 


§ 306. 


Authority of Representative. 


Article 2. 


Applications for 




Construction, Enlargement, 




Repair, Alteration, or 




Removal of Dams or 




Reservoirs 


§310. 


Applications for Construction or 




Enlargement. 


§310.1. 


Criteria for Determining 




Completeness. 


§ 310.2. 


Criteria for Determining 




Completeness. 


§310.3. 


Determination of Completeness. 


§311. 


Criteria for Determining 




Completeness. 


§312. 


Standard Terms. 


§313. 


Automatic Approval of 




Applications. 


§314. 


Filing Fee. 


Article 3. 


Annual Fee 


§315. 


Annual Fee. 


§316. 


Inoperative Dams. 


§317. 


Preparation of Application for 




Repair or Alteration. 


§318. 


Preparation of Application for 




Removal. 


§319. 


Annual Fee. 


Article 4. 


Small Dams Review Board 


§320. 


Small Dams Review Board. 


§321. 


Scope of Review. 


§322. 


Small Dam Defined. 


§323. 


Time to Request Board Review; 




Filing Fee. 


§324. 


Time and Conduct of Review. 


§325. 


Findings of the Board. 


Article 5. 


Dams Owned by the Department 




of Water Resources 


§ 330. 


Consulting Board. 


§331. 


Scope of Review. 


§332. 


Actions for Which Board Is 



§333. 



Retained. 
Periodic Review. 



Chapter 1 .5. Levee and Right of Way Control 

Chapter 1 .6. Relocation Assistance Program . 



9 Article 1 . General 12 

§ 370. Definitions. 

9 §370.01. Relocation Plans. 

§ 370.02. Eviction Policy. 

§ 370.03. Eligibility. 

§ 370.04. Standards for Decent, Safe, and 

Sanitary Dwellings. 

Article 2. Relocation Payments 16 

§ 370.10. Relocation Payments — General 

Provisions. 

§ 370.1 1 . Moving and Related Expense 

Payments — General Provisions for 
All Relocated Individuals, Families, 
Businesses and Farms. 

§ 370.12. Moving Payments to Individuals 

and Families. 
9 § 370.13. Moving Payments to Business or 

Farm. 

§ 370.14. Moving Payments to Nonprofit 

Organizations. 

§370.15. Advertising Signs. 

§ 370.16. Replacement Housing Payments. 

§ 370.17. Replacement Housing Payments to 

Owner-Occupant for 1 80 Days or 
More Who Purchases a 
Replacement Dwelling. 

§ 370. 1 8. Rental Differential Payment to 

Owner-Occupant for 1 80 Days or 
More Who Rents a Replacement 
Dwelling. 

§ 370.19. Replacement Housing Payment to 

] ] Owner-Occupant for Less Than 180 

Days but Not Less Than 90 Days 
Who Purchases a Replacement 
Dwelling. 

§ 370.20. Rental Differential Payment to 

Owner-Occupant for Less Than 1 80 
Days but Not Less Than 90 Days 
Who Rents a Replacement 
Dwelhng. 

1 1 § 370.21. Rental Differential Payment to 

Tenant-Occupant for Not Less Than 
90 Days Who Rents a Replacement 
Dwelling. 

§ 370.22. Replacement Housing Payment to 

Tenant-Occupant for Not Less Than 
90 Days Who Purchases a 
Replacement Dwelling. 

§ 370.23. Replacement Housing Payment to 

Tenant of a Sleeping Room for Not 
Less Than 90 Days. 

§ 370.24. Mobile Homes. 

§ 370.25. Moving Expenses for Mobile 

Homes. 

§ 370.26. Replacement Housing 

Payments — Mobile Homes. 

§ 370.27. Housing Provided As a Last 

Resort — General. 

12 § 370.28. Temporary Moves for 

Rehabilitation. 

12 Article 3. Acquisition Policies 23 



12 



Page i 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



Page 



§ 370.40. 



General. 



Chapter 1.7. Selection Process for Private 
Architectural, Landscape 
Architectural, Engineering, 
Environmental, Land Surveying, 
and Construction Project 
Management Finns 



Article 



§ 380. 
§381. 
§381.1, 



General Provisions 

Purpose and Scope. 

Definitions. 

Announcements for Statement of 

Qualifications and Performance 

Data. 



23 
23 



Article 2. 


Specific Provisions 24 




§ 382. 


Establishment of Criteria. 




§ 383. 


Estimate of Value of Services. 




§384. 


Request for Qualifications — 
Publication of Announcement. 




§ 385. 


Selection Process. 




§ 386. 


Negotiation. 




§386.1 


Length of Agreements. 




§387. 


Amendments. 




§ 388. 


Alternative Contract Procedures. 




§389. 


Director's Power to Require Bids. 




§390. 


Exclusions. 




§391. 


Prohibited Practices and Conflict of 
Interest. 


Chapter 


1.8. 


Residential Water Conservation 




1.9. 


Tax Credit 26 


Chapter 


Minority and Women Business 



§392. 
§393. 

§394. 



Chapter 2. 



Article 1. 



§400. 
§405. 
§406. 
§407. 



Article 2. 



Enterprise Program for 

Department State Contract Act 

Contracts 26 

Definitions. 

Minority and Women Business 

Enterprise Bid Requirements. 

Applicability. 

Financial Assistance for Local 

Projects 26 

General Provisions 

Definitions. 

Purposes and Effect of Regulations. 

Official Records. 

FiUng Fees. 

Request for Preliminary 
Determination of 
Eligibihty for a Project 
Construction Loan or Grant 



26 



26.1 



§411. 

§412. 
§413. 



§414. 
§415. 
§416. 



Article 3. 



§420. 
§420.1. 



Form of Request for Preliminary 

Determination of Eligibility. 

Material to Accompany Request. 

Omissions in Request for 

Preliminary Determination of 

Eligibility. 

Review by Department. 

Notice to Applicants. 

Time to Complete Applications. 

Application for a Project 

Construction Loan or Grant 

or Facilities Grant 

Form of Application. 

Time of Filing Application for 

Facilities Grant. 



26.1 



Page 

§ 42 1 . Contents of Feasibility Report. 

§ 422. Omissions in Application. 

§ 423. Use of Department's Data. 

§ 424. Review and Report by the 

Department. 
§ 425. Submission to California Water 

Commission. 
§ 426. Notice to Applicants. 

Article 4. Applications for State 

Participation 27 

§ 427. Form and Filing of Application. 

Article 5. Procedure Following Approval 

of a Project Construction 

Loan or Grant, or 

Facihties Grant, or State 

Participation 28 

§431. Contract. 

§ 432. Water Rights. 

Article 6. Application for Loan for 
Preparation of Feasibility 
Report . , . . : 28 

§ 435. Feasibility Report. 

§ 436. Form and Filing of Application. 

§ 437. Other Applicable Provisions. 

Article 8. Grant Standards 28 

§ 445. Ehgible Recreation Activities. 

§ 446. Eligible Recreation Lands. 

Article 9. Application for Drought 

Emergency Loans 28 

Chapter 2.2. Environmental Water Act of 1989 28 

Article 1 . General Provisions 28 

§449.1. Definitions. 

§ 449.2. Program Funding. 

§ 449.3. AppUcation Process. 

Article 2. Specific Program Provisions 28.1 

§ 449.4. Mono Lake Basin Provisions. 

§ 449.5. Environmental Enhancement 

Component. 
§ 449.6. Water Quality Program. 

Article 3. Evaluation Process 28.3 

§ 449.7. Department Review. 

§ 449.8. Public Review. 

§ 449.9. Basis for Award of Funds. 

§449.10. Project Site Visitation. 

§ 449 .11. Commitment of Funds and Final 

Report. 

Chapter 2.3. Loan Programs Under the Water 
Conservation and Water Quality 
Bond Law of 1986, and the Water 
Conservation Bond Law of 1988 
and Loan and Grant Programs for 
Local Projects Under the Safe, 
Clean, Reliable Water Supply 

Act 28.3 

§450.1. Definitions. 

§ 450.2. Apphcation for Funding for 

Construction Loans. 
§ 450.3. Feasibility Studies. 

§ 450.4. Apphcafion for Land Acquisition 

Loans for Local Projects. 
§ 450.5. Priority List. 

§ 450.6. Contract Requirements. 

§ 450.7. Public Meeting or Election on 

Project Loan Debt. 



Page ii 



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Table of Contents 



Page 



Page 



§ 450.8 


Final Plans and Specifications. 


§ 450.9 


Certification of Completion. 


Chapter 2.4. 


Grant Program Under the Urban 




Creeks Restoration and Flood 




Control Act of 1985 30.1 


§451.1 


Definitions. 


§451.2 


Program Purposes. 


§451.3 


Types of Projects for Which 




Assistance Is Available. 


§451.4 


Applications for Financial 




Assistance. 


§451.5 


Priority for Financial Assistance. 


§451.6 


Contract Requirements. 


Chapter 2.5. 


California Safe Drinking Water 




Bond Law of 1976 and California 




Safe Drinking Water Grant 




Program 30.4 


§ 455. 


Definitions. 


§ 456. 


Application Fee. 


§ 457. 


Administrative Fee. 


§ 458. 


Environmental Fee. 


§ 459. 


Ability to Finance Determination. 


§460. 


Ehgible Project Determination. 


§461. 


Application. 


§462. 


Supporting Information. 


§463. 


Water Conservation. 


§464. 


Notice to Applicants. 


§465. 


Priority List. 


§466. 


Priority List Procedures. 


§467. 


Priority List Criteria. 


§468. 


Department of Health Notice to 




Applicants. 


§469. 


Department of Health Approval. 


§470. 


Contract Provisions. 


§471. 


Petition for Review. 


§472. 


Project Feasibility Meeting. 


§473. 


Grants Priority. 


§474. 


Grant Applications and Legislative 




Report. 


§475. 


Grant Eligibility Level. 


Chapter 2.5.1. 


California Safe Drinking Water 




Bond Law of 1984 34 



495. 



Reference Evapotranspiration. 



§ 476. Definitions. 

§ 477. Application Fee. 

§ 478. Administrative Fee. 

§ 479. Supplier's Share of the Cost. 

§ 480. Priority List. 

§481. Priority Classes. 

§ 482. Ranking Within Priority Class. 

§ 483. Application for Funding. 

§ 484. Loan Application Requirement for 

Grant. 

§ 485. Preliminary Approval of Project. 

§ 486. Eligibility for Funding. 

§ 487. Appeal of Denied Application. 

§ 488. Contract Provisions. 

§ 489. Project Feasibility Meeting. 

§489.1. Plans and Specifications. 

§ 489.2. Certification of Completion. 

Chapter 2.6. Weather Resources Management 37 

Chapter 2.7. Model Water Efficient Landscape 

Ordinance 37 

§ 490. Purpose. 

§491. Definitions. 

§ 492. Provisions for New or Rehabilitated 

Landscapes. 
§ 493. Provisions for Existing Landscapes. 

§ 494. Effective Precipitation. 



Chapter 2.7.1. Flood Protection Corridor 

Program of the Costa-Machado 

Water Act of 2000 38.14 

§497.1. Scope. 

§ 497.2. Definitions. 

§ 497.3. Program Management Process. 

§ 497.4. Qualifications of Applicants; 

Disbursement of Program Funds. 
§ 497.5. Eligible Projects and Priorities for 

Grant Funding. 
§ 497.6. Priority Lists and Criteria for Setting 

Project Priority. 
§ 497.7. Application for Grant Funding. 

§ 497.8. Public Hearings. 

§ 497.9. Grant Contract Requirements. 

§497.10. Progress Reports. 

§ 497. 1 1 . Maintenance Plan. 

§497.12. Audits and Record Keeping. 

Chapter 2.5.2. Yuba Feather Flood Protection 
Program of the Safe Drinking 
Water, Clean Water, Watershed 
Protection, and Flood 
Protection Act 38.18 

§499.1. Scope. 

§ 499.2. Definitions. 

§499.3. Area of Consideration. 

§ 499.4. Feasibihty Studies. 

§499.4.1. Designs. 

§ 499 .4.1.1. Eariy Allocation of Implementation 

Funds. 

§ 499.4.1 .2. Advance Preparation for Right of 

Way Acquisition. 

§ 499.4.2. Implementation. 

§ 499.5. Costs Eligible for Grant Funding or 

Credit. 

§ 499.6. Feasibihty Study Application. 

§ 499.6.1. Design Apphcation. 

§ 499.6.2. Environmental Compliance. 

§ 499.6.3. Implementation Application. 

§ 499.7. Application and Funding Process. 

§ 499.8. Recordkeeping. 

Chapter 3. Regulations for Implementation 
of the California Environmental 
Quality Act of 1970 38.24 

§ 500. Purpose and Authority. 

§ 501 . Incorporation of State CEQA 

Guidelines. 
§ 502. Additional Definitions. 

§ 503. Fees for Preparation of Negative 

Declaration or EIR. 
§ 504. Categorically Exempt Activities. 

§ 505. State Guidehnes. 

§ 506. Department. 

§ 507. Director. 

§ 508. Environmental Documents. 

§ 509. Project Proponent. 

Article 5. General Responsibilities 39 

Article 6. Nonapplicability of CEQA or 
Exemptions from Initial 
Study and EIR Preparation 39 

Article 7. Initial Study 39 

Article 8. Lead Agency 39 

Article 9. Environmental Impact Reports 

(EIRs) 39 



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Title 23 



Article 10. 



Article 1 1 . 



Article 12. 



Chapter 4. 



§310. 
§511. 
§ 312. 

§513. 

§514. 
§ 515. 
§516. 

§517. 



Page 

EIR Preparation and 

Processing 39 

Review Procedures for EIRs 

and Negative Declarations 39 

Appendix 39 



Chapter 5. Department of Water Resources- 

Conflict of Interest Code 



Revenue Requirement and Just and 
Reasonable Determination 

Applicability. 

Definitions. 

Notice of Opportunity to Submit 

Comments. 

Notice of Significant Additional 

Material Relied Upon. 

Confidential Information. 

Comments. 

Determination on the Record. 

Standards. 



39 



§ 595. 


General Provisions. 


§600. 


Draft EIR Procedures. 


§601. 


Notice of Completion. 


§602. 


Review of Draft EIR. 


§603. 


Final EIR Preparation. 


§604. 


Processing of Final EIR. 


§ 605. 


Notice of Determination. 


§606. 


Final EIR to Local Planning 




Agencies. 


§620. 


General. 


§621. 


Consultation As an Approval 




Agency. 


§622. 


Consultation As a Jurisdictional 




Agency. 


§623. 


Consultation As an Agency with 




Expertise. 


§624. 


Review of Sufficiency. 


§625. 


Designation of Contact Person. 


§ 630. 


Categorical Exemptions. 


§ 649.6. 


Authority (Conflict of Interest 




Code). 



Page 



40.2 



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Title 23 



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§310 



Division 2. Department of Water Resources 



Chapter 1 . Dams and Reservoirs 

(Originally Printed 7-25-45) 

Article 1. General Provisions 



§301. Definitions. 

As used in this subchapter, the terms "dam," "reservoir," "owner," "al- 
teration," "enlargement," and "water storage elevation" shall have the 
meanings given in Sections 6002 and 6004.5 through 6008 of the Water 
Code. 

NOTE: Authority cited: Section 6078, Water Code. Reference: Sections 
6002-6008, Water Code. 

History 

1. Repealer of Subchapter 1 (Sections 301 through 383) and new Subchapter 1 
(Sections 301 through 318) filed 3-15-66; effective thirtieth day thereafter 
(Register 66, No. 7). For prior history, see Register 58, No. 7, and 59, No. 19. 

2. Amendment of subsections (b) and (d) filed 2-5-70; effective thirtieth day 
thereafter (Register 70, No. 6). 

3. New subsections (e), (0, (g) and (h) filed 7-1 8-78; effective thirtieth day there- 
after (Register 78, No. 29). 

4. Amendment filed 8-^4—83; effective thirtieth day thereafter (Register 83, No. 

32). 

§ 302. Purpose and Effect of Regulations. 

The regulations in this subchapter are not intended to limit the author- 
ity of the department to act under the police power of the state to the ex- 
tent authorized by law, when necessary to protect life and property from 
a dam or reservoir which constitutes, or which may constitute a danger 
to life and property, and they shall not be interpreted as depriving the de- 
partment of such authority. 

NOTE; Authority cited: Section 6078, Water Code. Reference: Sections 6075, 
6081 and 61 10, Water Code. 

History 

1. Amendment filed 7-18-78; effective thirtieth dav thereafter (Register 78, No. 
29). 

2. Amendment filed 12-15-83; effective thirtieth day thereafter (Register 83, No. 

51). 



§ 303. Evidence of Water Rights. 

(a) The department will not issue a written approval to commence con- 
struction or enlargement of a dam or reservoir until the applicant or own- 
er demonstrates evidence of adequate water rights in accordance with the 
requirements of this section. 

(b) The applicant or owner shall provide the department with either: 

( 1 ) A copy of an entitlement to the use of water issued by the State Wa- 
ter Resources Control Board pursuant to Division 2, Part 2 (commencing 
with Section 1200) of the Water Code; or 

(2) If the right to divert or use water does not depend on an entitlement 
identified in subsection (1) above, a statement of the legal basis of the 
right. 

(c) The applicant or owner shall also provide the department with ei- 
ther: 

( 1 ) Evidence that a statement of water diversion and use has been filed 
with the State Water Resources Control Board pursuant to Division 3, 
Part 1, Chapter 5 (commencing with Section 5100) of the Water Code, 
or 

(2) A statement either establishing that a statement of water diversion 
and use is not legally required, or showing good cause for not filing one. 

(d) The department shall obtain a written statement from the staff of 
the State Water Resources Control Board stating whether the water right 
is adequate for the proposed dam and reservoir. 



(e) If a right to divert or use water is based upon a claim of riparian 
rights, or rights to appropriate water established prior to 1914. and such 
claim is disputed by the State Water Resources Control Board, the de- 
partment shall not withhold approval to commence construction solely 
upon the basis of such a dispute, provided that it is satisfied with the evi- 
dence of a water right provided pursuant to subsection (b) above. 

(0 In the event that the State Water Resources Control Board has initi- 
ated proceedings to determine whether to authorize use of water, and no 
decision has been issued, written approval to commence construction or 
enlargement shall not be withheld pursuant to this section after the 1 20th 
day following either the date that the matter is submitted to the Board for 
decision after hearing or, if no hearing is held, the date on which the pro- 
test period closes. 

NOTE: Authority cited: Section 6078. Water Code. Reference: Sections 1052, 
6075, 6202(d), 6205, and 6264, Water Code. 

History 

1. New section filed 5-28-76; effective thirtieth day thereafter (Register 76, No. 
22). For history of former section, see Register 70, No. 6. 

2. Amendment filed 8^1-83; effective thirtieth day thereafter (Reeister 83. No. 

32). 

§ 304. Civil Engineering Plans and Specifications. 

Plans and specifications which are submitted to the department shall 
be prepared by, or under the direction of, a civil engineer who is regis- 
tered pursuant to California law and authenticated by him as provided in 
the Business and Professions Code, or be prepared by such other person 
as may be permitted under the provisions of said code to prepare such 
plans and specifications, in which case satisfactory evidence of such oth- 
er person's right to so act shall be submitted to the department when the 
plans and specifications are submitted. 

NOTE: Authority cited: Section 6078, Water Code. Reference: Secfion 6206, Wa- 
ter Code; and Sections 6371, 6374-6375, Business and Professions Code. 

History 
1. Amendment filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 

32). 

§ 305. Civil Engineering Supervision of Construction. 

The work of construction, enlargement, repair, alteration or removal 
of a dam or reservoir shall be under the responsible charge of a civil engi- 
neer who is registered pursuant to California law or of such other person 
as may be permitted under the provisions of the Business and Professions 
Code to assume responsible charge of such work. 

NOTE; Authority cited: Section 6078, Water Code. Reference: Section 6206, Wa- 
ter Code; Sections 6371, 6374-6375, Business and Professions Code. 

History 
1. Amendment filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 

32). 

§ 306. Authority of Representative. 

History 
1 . Repealer filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32 ). 



Article 2. Applications for Construction, 

Enlargement, Repair, Alteration, or Removal 

of Dams or Reservoirs 

§ 31 0. Applications for Construction or Enlargement. 

(a) This section shall apply to applications for the department's ap- 
proval of plans and specifications for the construction or enlargement of 
dams and reservoirs. 

(b) Applicarions for construction or enlargement of a dam and reser- 
voir shall be made on printed forms provided by the department. The de- 
partment shall also provide written instructions for completing the appli- 
cation. 

(c) The amount of information required will depend on factors such as 
the size of the proposed dam and reservoir, potential hazards, hydrology 
of the watershed, complexity of the site and proximity to active faults. 

(d) Plans, maps, specifications and other information required for an 
application shall be provided in sufficient clarity and detail to be readily 



Page 9 



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§ 310.1 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



interpreted and studied, and to permit an adequate evaluation of the safe- 
ty of the proposed work. 

(e) The department may require the fihng of any information, in addi- 
tion to that specified in this section which, in its opinion, it considers nec- 
essary to determine the safety of the dam and reservoir. 

(f) In addition to the information required by Water Code Sections 
6201-6206, and subsections (b)-(e), an application shall also include the 
following: 

(1) Evidence of water rights, as required by Section 303. 

(2) Information necessary to enable the department to comply with the 
requirements of the California Environmental Quality Act (Public Re- 
sources Code Sections 21000-21 174). This information shall be either: 

(A) a copy of the environmental impact report (EIR) or negative decla- 
ration prepared by a lead agency, or evidence that a lead agency is prepar- 
ing or will prepare environmental documentation, or 

(B) data and information necessary for the department to act as a lead 
agency to prepare environmental documentation, where it is required by 
law to do so. 

(3) Where the department acts as a responsible agency, the lead 
agency's EIR or negative declaration must be submitted to the State 
Clearinghouse. 

(4) The fee as required by Water Code Section 6300, as made specific 
by Section 3 1 4 of this subchapter. 

NoTE: Authority cited: Section 6078, Water Code. Reference: Sections 
6200-6206, Water Code; and Sections 21002.1(d) and 21083. Public Resources 
Code. 

History 
1 . Amendment filed 2-5-70; effective thirtieth day thereafter (Register 70, No. 6). 

2.New subsection (j)(6) filed 4-13-73; effective thirtieth day thereafter (Register 
73. No. 15). 

3. Amendment of subsections (a), (b), (j)(5) and (j)(6) filed 7-18-78; effective 
thirtieth day thereafter (Register 78, No. 29). 

4. Amendment filed 8-4-83; effecfive thirtieth day thereafter (Register 83, No. 
32). 

5. Editorial con-ecfion of subsection (f)(4) filed 12-8-83 (Register 83, No. 50). 

§ 31 0.1 . Criteria for Determining Completeness. 

Note-. Authority cited: Section 6078, Water Code. Reference: Section 65941, 
Government Code. 

History 

1. New secfion filed 7-18-78; effective thirtieth day thereafter (Register 78, No. 
29.). 

2. Repealer and new section filed 8-4-83; effecfive thirtieth day thereafter (Regis- 
ter 83, No. 32). 

3. Renumbering and amendment of section 310.1 to secfion 311 filed 12-8-83 
(Register 9 1,''No. 24). 

4. Editorial correcfion restoring section 3 10. 1 dropped in earlier printing (Register 
91, No. 24). 

§ 310.2. Criteria for Determining Completeness. 

NOTE: Authority cited: Section 6078, Water Code. Reference: Sections 
65920-65957, Government Code. 

History 

1 . New section filed 7-18-78; effecfive thirtieth day thereafter (Register 78, No. 
29). 

2. Repealer filed 8-4-83; effecfive thirtieth day thereafter (Register 83, No. 32). 

§ 310.3. Determination of Completeness. 

NOTE: Authority cited: Section 6078, Water Code. Reference: Sections 
65920-65957, Government Code. 

History 

1. New section filed 7-18-78; effective thirtieth day thereafter (Register 78, No. 
29). 

2. Repealer filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32). 

§311. Criteria for Determining Completeness. 

(a) AppUcations will be considered complete when the department has 
received the completed, signed application form, the information and fee 
required in Water Code sections 6201 and 6206 and section 310(d)-(f), 
and the fee required by sections 6300-6302 of the Water Code. 



(b) The department on its own motion may waive any information re- 
quired for a complete application, including but not limited to the re- 
quirements of section 303 where it determines that it has sufficient infor- 
mation to commence and complete a review within applicable time 
limits, and that all requirements for issuance of an approval will be met 
within such time limits. 

(c) The requirements published by the department pursuant to section 
3 1 0(c) shall set forth the procedures that the department will follow to re- 
view an application. 

(d) Failure to comply with a request for information pursuant to such 
procedures within a reasonable time and in a reasonably responsive man- 
ner shall be cause for the department to disapprove the application. 
NOTE: Authority cited: Section 6078, Water Code. Reference: Section 65941. 
Government Code. 

History 

1 . Editorial correction renumbering of former section 3 1 1 to section 3 1 2 and re- 
numbering of former section 310.1 to section 311 filed 12-8-83 (Register 83, 
No. 50). For prior history, see Register 83, No. 32. 

2. Editorial correction of HISTORY (Register 91, No. 24). 

§312. Standard Terms. 

(a) The following are standard terms and conditions included in any 
approval of a dam safety application: 

( 1 ) Construction work shall be started within one year from date of ap- 
proval. 

(2) No foundations or abutments shall be covered by the material of 
the dam until the Department has been given an opportunity to inspect 
and approve the same. 

(b) General Safety Requirement. In addition to the above terms and 
conditions, the law requires that a dam shall at all times be designed, con- 
structed, operated and maintained so that it shall not or would not consti- 
tute a danger to life or property, and the Department may, at any time, 
exercise any discretion with which it is vested, or take any action neces- 
sary to prevent such danger. 

NOTE: Authority cited: Section 6078, Water Code. Reference: Sections 6075 and 
6260-6267, Water Code. 

History 

1. Editorial correction renumbering former section 312 to section 313 and renum- 
bering of former section 31 1 to section 31 2 filed 12-8-83 (Register 83, No. 50). 
For prior history, see Register 83, No. 32. 

2. Editorial correction of HISTORY (Register 91, No. 24). 

§ 313. Automatic Approval of Applications. 

Applications approved in accordance with Government Code section 
65956 shall contain the terms and conditions set forth in section 311. 
Such approvals may be revoked or modified at any time and under any 
conditions which would apply to any other approval granted under Divi- 
sion 3, Part 1 of the Water Code. 

NOTE: Authority cited: Section 6078, Water Code. Reference: Section 65956, 
Government Code; and Sections 6260-6267, Water Code. 

History 

1. Editorial correction renumbering former section 313 to section 314 and renum- 
bering offormersection312tosection313 filed 12-8-83 (Register 83, No. 50). 
For prior history, see Register 83, No. 32. 

2. Editorial correction of HISTORY and removal of duplicate HISTORY (Regis- 
ter 91, No. 24). 

§314. Filing Fee. 

(a) Amount of Fee. The estimated cost of the dam and reservoir or en- 
largement as specified in section 6302 of the Water Code shall include 
engineering, geologic, surveying, construction supervision, and admin- 
istrative costs. 

NOTE; Autiiority cited: Section 21082, Public Resources Code; Section 6078, Wa- 
ter Code. Reference: Section 21089, Public Resources Code; Sections 6301-6305, 
Water Code. 

History 

1. Editorial correction renumbering former section 314 to section 315 and renum- 
bering of former secfion 313 to section 314 filed 12-8-83 (Register 83, No. 50). 
For prior history, see Register 83, No. 32. 

2. Editorial correcfion of HISTORY (Register 91, No. 24). 



• 



Page 10 



Register 91, No. 24; 6-14-91 



Title 23 



Department of Water Resources 



§324 



Article 3. Annual Fee 

§315. Annual Fee. 

(a) Determination of Amount. The department shall determine the 
amount of the annual fee as of June 30 each year and shall inform each 
owner of that amount on or before October 3 1 of each year. 

(b) Penalty for Delinquent Payment of Annual Fee. An owner who 
fails to pay any part of any annual fee on or before December 3 1, as re- 
quired by section 6307 of the Water Code, shall be penalized in accor- 
dance with section 6428 of the Water Code. 

NOTE: Authority cited: Section 6078, Water Code. Reference: Section 161, Water 
Code; and Sections 6307 and 6428, Water Code. 

History 

1 . Editorial correction renumbering former section 3 1 5 to section 316 and renum- 
bering of former section 3 1 4 to section 3 1 5 and new Article 3 heading filed 
1 2-8-83 (Register 83. No. 50). For prior history, see Register 83. No. 32. 

2. Editorial correction of HISTORY (Register 91, No. 24). 

§ 316. Inoperative Dams. 

A dam will not be considered to be substantially completed or in opera- 
tion, for annual fee purposes, where the Department determines that it has 
been rendered inoperative on other than a temporary basis. In making its 
determination the Department will consider the following circum- 
stances, among others, with respect to the dam: 

(a) Alteration of the outlet facilities to assure maximum possible un- 
controlled water release through the outlet works. 

(b) Absence of water impounding capability under reasonably fore- 
seeable conditions, taking into account the size of the drainage area. 

(c) Absence of benefit from the dam and reservoir to the owner or oth- 
ers. 

The Department may determine that a dam is no longer inoperative 
when investigation reveals that conditions which rendered the dam inop- 
erative on other than a temporary basis have changed. In this event the 
dam will be considered substantially completed or in operation on the 
date such determination is made, and the annual fee shall be charged on 
a pro rata basis. 

NOTE: Authority cited: Section 6078, Water Code. Reference: Section 6307, Wa- 
ter Code. 

History 

1. Editorial correction renumbering former section 315 to section 316 filed 
12-8-83 (Register 83, No. 50). For history of former section 316, see Register 
70, No. 6. For prior history, see Register 83, No. 32. 

2. Editorial correction of HISTORY (Register 91, No. 24). 

§ 31 7. Preparation of Application for Repair or Alteration. 

NOTE: Authority cited: Section 21082, Public Resources Code; Section 6078, Wa- 
ter Code. Reference : Section 2 1 089, Public Resources Code ; Sections 630 1 -6305 , 
Water Code. 

History 

1. Amendment of subsection (c) filed 1-25-79; effective thirtieth day thereafter 
(Register 79, No. 4). For prior history, see Register 78, No. 29. 

2. Repealer filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32). 

§ 318. Preparation of Application for Removal. 

NOTE: Authority cited: Section 21082, Public Resources Code; Section 6078, Wa- 
ter Code. Reference: Section 21089, Public Resources Code; Sections 6301-6305, 
Water Code. 

History 

1. New subsection (b) filed 4-13-73; effective thirtieth day thereafter (Register 
73, No. 15). 

2. Amendment of subsection (a) filed 7-18-78; effective thirtieth day thereafter 
(Register 78. No. 29). 

3. Amendment of subsection (b) filed 1-25-79; effective thirtieth day thereafter 
(Register 79, No. 4). 

4. Repealer filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32). 

§319. Annua! Fee. 

NOTE: Authority cited: Secfion 6078, Water Code. Reference: Section 161, Water 
Code. 



History 

1 . New section filed 2-5-70; effective thirtieth day thereafter (Register 70. No. 6). 

2. Renumbering and amendment of Section 319 to Section 314 filed 8-4-83; ef- 
fective thirtieth day thereafter (Register 83, No. 32). 



Article 4. Small Dams Review Board 

§ 320. Small Dams Review Board. 

In the Department there shall be a Small Dams Review Board consist- 
ing of a chairperson who shall be the Division Chief, Division of Design 
and Construction; a qualified engineer or geologist appointed by the Di- 
vision Chief, Division of Safety of Dams; and. for each review, a consult- 
ing engineer who would be agreed upon by the Department and the dam 
owner. 

NOTE: Authority cited: Section 6078, Water Code. Reference: Section 6054, Wa- 
ter Code. 

History 

1 . New Article 3 (Sections 330-335) filed 5-28-76; effective thirtieth day thereaf- 
ter (Register 76, No. 22). 

2. Renumbering of former Section 320 to Section 315 and renumbering and 
amendment of former Section 330 to Section 320 filed 8-4-83; effective thir- 
tieth day thereafter (Register 83, No. 32). 

3. Editorial correcdon renumbering former Article 3 ( Sections 320-325 ) to Article 
4 (Sections 320-325) filed 12-8-83 (Register 83, No. 50). 

§ 321 . Scope of Review. 

(a) The Board shall be convened upon the request of any owner of a 
small dam or proposed small dam to review any decision or order of the 
department respecting any technical standard, study requested, engineer- 
ing requirement or other technical matter required by the department 
where the owner disputes the basis for such requirement, the need for 
such requirement, or the facts found by the department. 

(b) No review shall be undertaken if, in the opinion of the department, 
there exists an immediate hazard to life or property. This subsection shall 
not be construed to bar a Small Dams Review Board proceeding after, in 
the judgment of the department, an immediate hazard to life and property 
no longer exists. 

Note: Authority cited: Section 6078, Water Code. Reference: Section 6054, Wa- 
ter Code. 

History 
1. Renumbering and amendment of former Section 331 to Section 321 filed 
8-4-83; effective thirtieth day thereafter (Register 83, No. 32). 

§ 322. Small Dam Defined. 

"Small Dam" means any dam less than 25 feet in height with a reser- 
voir storage less than 2,000 acre-feet. 

NOTE: Authority cited: Section 6078, Water Code. Reference: Sections 6054 and 
6055, Water Code. 

History 
1 . Renumbering and amendment of former Section 332 to Section 322 filed 
8-4-83; effective thirtieth day thereafter (Register 83, No. 32). 

§ 323. Time to Request Board Review; Filing Fee. 

(a) The owner must request board review within 60 days of the dis- 
puted departmental action. The request must be made to the Division 
Chief, Division of Safety of Dams and must state the facts and circum- 
stances on which such owner bases his grievance. 

(b) The owner shall remit, at the time the grievance is filed, the amount 
of $250 to partially defray the cost and expense of the Board. 

(c) If the Board meets for more than one day, the department shall bill 
the owner for its additional costs incurred for subsequent days. 

NOTE: Authority cited: Section 6078, Water Code. Reference: Sections 6054 and 
6055, Water Code. 

History 
1. Renumbering and amendment of former Section 333 to Section 323 filed 
8^-83; effecfive thirtieth day thereafter (Register 83, No. 32). 

§ 324. Time and Conduct of Review. 

The Board shall review the owner's grievance promptly after such 
grievance is filed. The review shall be conducted in an informal manner. 



Page 11 



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§325 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



The Board shall consider all relevant informaiion and data presented by 
the owner, his engineer, or any other person. 

NOTH: Authority cited: Section 6078, Water Code. Reference: Section 6054, Wa- 
ter Code. 

History 
1 . Renumbering of former Section 334 to Section 324 filed 8-4-83; effective thir- 
tieth day thereafter (Register 83, No. 32). 

§ 325. Findings of the Board. 

Based upon information and data secured during the review, the Board 
shall refer its findings to the Division Chief, Division of Safety of Dams, 
regarding the matter which led to the grievance. Decisions made by the 
Division Chief shall be final. 

NOTE: Authority cited: Section 6078, Water Code. Reference: Section 6054, Wa- 
ter Code. 

History 
1 . Renumbering and amendment of former Section 335 to Section 325 filed 

8-4-83; effective thirtieth day thereafter (Register 83, No. 32). 



Article 5. 



Dams Owned by the Department 
of Water Resources 



§ 330. Consulting Board. 

Pursuant to Section 6056 of the Water Code, the Department shall re- 
tain a board of three consultants to report to the Director on the Safety of 
Dams owned by the department. 

NoTE: Authority cited: Section 6078, Water Code. Reference: Section 6056, Wa- 
ter Code. 

History 

1. New Article 4 (Sections 340-343) filed 3-18-77 as procedural and organiza- 
tional; effective upon filing (Register 77, No. 12). 

2. Renumbering and amendment of former Section 330 to Section 320 and renum- 
bering and amendment of former Section 340 to Section 330 filed 8-4-83; ef- 
fective thirtieth day thereafter (Register 83, No. 32). For prior history, see Reg- 
ister 76, No. 22. 

3. Editorial correction renumbering former Article 4 (Sections 330-333) to Article 
5 (Sections 330-333) filed 12-8-83 (Register 83, No. 50). 

§ 331 . Scope of Review. 

The consulting board shall make independent findings with regard to 
conditions which may affect the safety of the dam and reservoir as speci- 
fied in Section 6081 of the Water Code, and the board shall also make 
independent findings that the dam is safe to impound water, as specified 
in Section 6355 of the Water Code. 

NOTE: Authority cited: Section 6078, Water Code. Reference: Sections 6056, 
6081 and 6355, Water Code. 

History 

1 . Renumbering and amendment of former Section 33 1 to Secdon 32 1 and renum- 
bering and amendment of former Section 341 to Section 331 filed 8-4-83; ef- 
fective thirtieth day thereafter (Register 83, No. 32). For prior history, see Reg- 
ister 77, No. 33. 

§ 332. Actions for Which Board Is Retained. 

(a) The department shall retain a consulting board: 

(1) To review the adequacy of the design of a dam and reservoir the 
department proposes to construct, or 

(2) To review the safety of the completed construction and the terms 
and conditions to be included in a certificate of approval for any dam 
owned by the department as issued, renewed or modified, no later than 
six months following any such action. 

(b) Where a board is retained to review the adequacy of the design of 
a dam and reservoir, it shall report its findings to the Director prior to the 
approval of an application to construct or enlarge the dam. 

NOTE: Authority cited: Section 6078, Water Code. Reference: Section 6056, Wa- 
ter Code. 



History 
1 . Renumbering and amendment of former Section 332 to Section 322 and renum- 
bering and amendment of former Section 342 to Section 332 filed 8-4-83; ef- 
fective thirtieth day thereafter (Register 83, No. 32). For prior history, see Res- 

ister77,No. 33. 

§ 333. Periodic Review. 

In addition to the times specified in Section 332, the department shall 
retain a review board at least once every five years to review the opera- 
donal performance of department owned dams. The Federal Power Com- 
mission's five year independent review may be substituted if it is compa- 
rable to the review required by this arficle. 

NOTE: Authority cited: Section 6078, Water Code. Reference: Section 6056. Wa- 
ter Code. 

History 
1 . Renumbering and amendment of former Section 333 to Section 323 and renum- 
bering and amendment of former Section 343 to Section 333 filed 8^1-83; ef- 
fective thirtieth day thereafter (Register 83. No. 32). For prior history, see Reg- 
ister 70, No. 43. 



Chapter 1 .5. Levee and Right of Way 
Control 

Note; Authority cited for Subchapter 1 .5: Section 1 1 152, Government Code, and 
Section 124, Water Code. Reference: Section 21 1 16, Vehicle Code. 

History 

1. New Subchapter 1.5. (Section 350 through 390) filed 3-21-74; effective thir- 
tieth day thereafter (Register 74, No. 12). 

2. Repealerof Subchapter 1.5 (Article 1-2, Sections 350-360) filed 10-21-81;ef- 
fective thirtieth day thereafter (Register 81, No. 43). 



Chapter 1.6. Relocation Assistance 
Program 



Article 1. General 

§ 370. Definitions. 

The following terms shall mean: 

"Average Annual Net Earnings" means one-half of any net earnings 
of the business or farm operadon, before Federal and State income taxes, 
during the two taxable years immediately preceding the taxable year in 
which the business or farm operafion moves from the real property ac- 
quired, or during such other period as the Department determines to be 
more equitable for establishing such earnings, and includes any compen- 
saUon paid by the business or farm operation to the owner, his spouse or 
his dependents during such period. The term "owner" as used in this defi- 
nition includes the sole proprietorship, the principal partners in a partner- 
ship, and the principal stockholders of a corporafion, as determined by 
the Department. For purposes of determining a principal stockholder, 
stock held by a husband, his wife and their dependent children shall be 
treated as one unit. 

"Base Monthly Rent" means the lesser of the average monthly rental 
paid by the displaced person for the three-month period prior to initiation 
of negofiafions for the parcel and 25% of the displaced person's average 
monthly income. The economic rent may be considered the average 
monthly rental when the displaced person was the owner-occupant of the 
acquired dwelling or if the rental actually paid was not reasonably equal 
to market rentals for similar dwellings. The "average monthly rental 
paid" shall include any supplements supplied by others, except when re- 
quired by law, such supplement is to be disconfinued upon vacation of 
the property. 

"Business" means any lawful activity, excepting a farm operation, 
conducted: 



• 



Page 12 



Register 91, No. 24; 6-14-91 



Title 23 



Department of Water Resources 



§370 



( 1 ) Primarily for the purchase, sale, lease or rental of personal and real 
property, and for the manufacture, processing, or marketing of products, 
commodities, or any other personal property; or 

(2) Primarily for the sale of services to the public; or 

(3) Primarily by a non-profit organization; or 

(4) Solely for the purpose of moving and related expenses under Sec- 
tion 370.15, for assisting in the purchase, sale, resale, manufacture, pro- 
cessing, or marketing of products, commodities, personal property, or 
services by the erection and maintenance of an outdoor advertising dis- 
play or displays, whether or not such display or displays are located on 
the premises on which any of the above activities are conducted. 

"Comparable Replacement Dwelling" means a dwelling which satis- 
fies each of the following standards: 

(1) Decent, safe and sanitary (as defined in Section 370.04), and com- 
parable to the acquired dwelling with respect to number of rooms, habit- 
able living space and type and quality of construction, but not lesser in 
rooms or living space than necessary to accommodate the displaced per- 
son. 

To the extent practicable and consistent with this section, the replace- 
ment dwelling should be functionally equivalent and substantially the 
same as the acquired dwelling, but not excluding newly constructed 
housing. 

(2) In an area not subjected to unreasonable adverse environmental 
conditions from either natural or man-made sources, and not generally 
less desirable than the acquired dwelling with respect to public utilities, 
public and commercial facilities and neighborhood conditions, including 
schools and municipal services, and reasonably accessible to the dis- 
placed person's present or potential place of employment; provided that 
a potential place of employment may not be used to satisfy the accessibil- 
ity requirement if the displaced person objects for a reasonable cause. 

The Act and these regulations do not require the replacement dweUing 
be generally as desirable as the acquired dwelUng with respect to envi- 
ronmental characteristics. Though a displaced person does not have to 
accept a dwelling subject to unreasonable adverse environmental condi- 
tions, neither is the Department required to dupHcate environmental 
characteristics, such as scenic vistas or proximity to the ocean, lakes, riv- 
ers, forests or other natural phenomena. 

If the displaced person so requests, every reasonable effort shall be 
made to relocate such person within or near to his existing neighborhood. 
Whenever practicable, the replacement dwelling shall be reasonably 
close to relatives, friends, services or organizations with whom there is 
an existing dependency relationship. 

(3) Available on the private market to the displaced person and avail- 
able to all persons regardless of race, color, sex, marital status, rehgion, 
or national origin in a manner consistent with Title VIII of the Civil 
Rights Act of 1968. 

(4) Within the financial means of the displaced person. A replacement 
dwelling is within the financial means of the displaced person if the 
monthly housing costs (including payments for mortgage, insurance and 
property taxes) or rental cost (including reasonably comparable utility 
and recurring expenses such as gardening, garaging, and similar neces- 
sary fees) minus any replacement housing payment available to the per- 
son under the provisions of these regulations does not exceed twenty- 
five percent (25%) of the person's average monthly income. A 
replacement dwelling is within the financial means of a displaced person 
also if the purchase price of the dwelUng, including related increased in- 
terest costs and other reasonable expenses, does not exceed the amount 
of just compensation provided for the acquired dwelling and the replace- 
ment housing payments available to the person under these regulations. 

"Conventional Loan" means a promissory note secured by a trust deed 
or mortgage made by a bank or savings and loan association. A conven- 
tional loan is not insured or guaranteed by an agency of the State or Feder- 
al government. 

"Counted Room" means that space in a dwelling unit containing the 
usual quanfity of household furniture, equipment and personal property. 



It shall include such space as a recreation room, living room, library, 
study, dining room, kitchen, laundry room, basement, bedroom, and ga- 
rage. Rooms or storage areas which contain substantial amounts of per- 
sonal property equivalent to one or more rooms may be counted as addi- 
tional rooms. 

"Date of Initiation of Negotiations for the Parcel" means the date of 
the first written offer to purchase the real property. 

"Department" means the Department of Water Resources. 

"Director" means the Director of the Department of Water Resources. 

"Displaced Person" means any person who moves from real property, 
or who moves his personal property from real property, either as a result 
of the acquisition of such real property, in whole or in part, by the Depart- 
ment or by any person having an agreement with or acting on behalf of 
a public entity, or as the result of a written order from the Department to 
vacate the real property for public use. 

A displaced person may or may not qualify as an "eligible person," as 
defined in these regulations. 

"Dwelling" means the primary residence of a person, including any 
single-family residence, a single-family unit in a two-family, multi- 
family or multipurpose building, a unit of a condominium or cooperative 
housing project, a nonhousekeeping unit, a mobilehome, or any other 
residential unit considered to be part of the real property acquired. A resi- 
dence need not be decent, safe and sanitary to be a dwelling. A second 
home shall be considered to be a dwelling only for the purpose of estab- 
lishing eligibility for payment of moving expense benefits. 

"Economic Rent" means the reasonable rental expectancy if the prop- 
erty were available for rent or lease on the open market based on the rent 
or lease payment being paid for comparable space as distinguished from 
actual or contract rent or lease payment paid for the acquired property. 

"Effective Rate of Interest" means the annual percentage rate paid on 
the debt of a mortgage as a result of including debt service charges in the 
total interest to be paid on the mortgage debt, as an incident to the exten- 
sion of credit, when such debt service charges are normal to the market. 

"Elderly Household" means a household in which the head of house- 
hold or spouse is 62 years or older. 

"Eligible Person" means any displaced person who is, or becomes, 
lawfully entitled to any relocation payment under these regulations. 

"Existing Patronage" means the net annual average dollar volume of 
business transacted during the two taxable years immediately preceding 
the taxable year in which the business is relocated. 

"Family" means two or more individuals, one of whom is the head of 
a household, plus all other individuals regardless of blood or legal fies 
who live with and are considered a part of the family unit. Where two or 
more individuals occupy the same family dwelHng with no identifiable 
head of a household, they shall be treated as one family for replacement 
housing payment purposes. 

"Farm Operation" means any activity conducted solely or primarily 
for the production of one or more agricultural products or commodities, 
including timber, for sale or home use and customarily producing such 
products or commodities in sufficient quantity to be capable of contribut- 
ing materially to the operator's support. 

"Gross Income" means the total annual income of an individual, or 
where a family is displaced, the total annual income of the adult members 
of the household, irrespective of other expenses and voluntary or invol- 
untary deductions and including, but not limited to. salaries, wages, pub- 
lic assistance payments, fips, commissions, unemployment, rents, royal- 
ties, dividends, interest, profits, pensions and annuities, less the 
following: 

(1) A deduction of $500 for each dependent in excess of three. 

(2) A deduction often percent (10%) of the total annual income for an 
elderly or handicapped household. 

(3) A deduction for recurring, extraordinary medical expenses (de- 
fined for this purpose to mean medical expenses in excess of three per- 
cent of total annual income) where not compensated for or covered by 
insurance or other sources, such as public assistance or tort recovery. 



Page 13 



(4-1-90) 



§ 370.01 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



(4) A deduction of reasonable amounts paid for the care of children or 
sick or incapacitated family members when determined to be necessary 
to employment of the household head or spouse, except that the amount 
deducted shall not exceed the amount of income received by the person 
thus released. 

Gross income is divided by twelve (12) to ascertain the average 
monthly income. Relocation and property acquisition payments are not 
to be considered as income for determination of financial means. 

"Handicapped Household" means a household in which any member 
is handicapped or disabled. 

"Mobilehome" means a structure, transportable in one or more sec- 
tions which is built on a permanent chassis and designed to be used as a 
dwelling with or without a permanent foundation when connected to the 
required utilities and includes the plumbing, heating, air conditioning, 
and electric systems contained therein. A self-propelled vehicle is not a 
mobilehome. 

"Mortgage" means such classes of liens, including Deeds of Trust as 
are commonly given to secure advances on, or the unpaid purchase price 
of, real property, under the laws of the State of California, together with 
the credit instruments, if any, secured thereby. 

"Moving Expense" means the costs necessary to pack, crate, discon- 
nect, dismantle, load, insure, temporarily store, remove, transport, un- 
pack, uncrate, reassemble, reconnect, reinstall, and unload machinery, 
equipment, or other personal property (including goods and inventory 
kept for sale) not acquired by the Department, including connection 
charges imposed by public utilities for starting utility service and neces- 
sary temporary lodging and transportation of eligible persons. Moving 
expense shall not include: 

( 1 ) The cost of construction or improvement at the new location to re- 
place property for which compensation was paid in the acquisition; 

(2) Any loss of, or damage to, personal property caused by the fault or 
negligence of the displaced person, his agent, or employee in the process 
of moving where insurance to cover such loss or damage was available; 

(3) Any payment for moving personal property where such property 
is purchased as part of the acquisition; 

(4) Additional expenses incurred because of living in a new location; 

(5) Cost of moving structures, improvements or other real property in 
which the displaced person reserved ownership; 

(6) Interest on loans to cover moving expenses; 

(7) Loss of goodwill; 

(8) Loss of business or profits; 

(9) Loss of trained employees; 

(10) Personal injury; 

(11) Payments for search costs in connection with locating a replace- 
ment dwelling. 

"Nonprofit Organization" means a corporation, partnership, individu- 
al or other public or private entity, engaged in a business, professional or 
institutional activity on a nonprofit basis, necessitating fixtures, equip- 
ment, stock in trade, or other tangible property for the carrying on of the 
business, profession or institutional activity on the premises. 

"Owner." A person "owns a dwelling" if he: 

(1) Holds fee title, a life estate, a fifty (50) year lease, or a lease with 
not less than twenty (20) years to run from date of acquisition of the prop- 
erty for the project; 

(2) Holds an interest in a cooperative housing project which includes 
the right of occupancy of a dwelling unit therein; 

(3) Is the contract purchaser of any of the foregoing estates or interests; 

(4) Has a leasehold interest with an option to purchase; 

(5) Owns a mobile unit which under State law is determined to be real 
property, not personal property; 

(6) Who has succeeded to any of the foregoing interests by devise, be- 
quest, inheritance or operation of law. In the event of acquisition of own- 
ership by any of the foregoing methods, the tenure of ownership, not oc- 
cupancy, of the succeeding owner shall include the tenure of the 
preceding owner. 



"Owner-Occupant" means an owner who occupies the residential 
dwelling being acquired by the Department as his primary residence. 

"Person" means any individual, family, partnersliip, corporation or as- 
sociation. 

"Prepaid Expenses" means items paid in advance by the seller of real 
property and prorated between such seller and the buyer of such real 
property at the close of escrow including, but not limited to real property 
taxes, fire insurance, homeowners' association dues and assessment pay- 
ments. 

"Primary Residence" means a residential dwelling which is occupied 
as the occupant's domicile. A dwelling will qualify as a primary resi- 
dence when: 

( 1 ) The occupant has lived in the dwelling to be acquired for more than 
50% of the time in the year prior to the State's first written offer; and 

(2) The occupant officially acknowledges the residential dwelling as 
his primary residence by voter registration, address on tax returns, home 
owners exemption, maiUng address, proximity to occupant's work, 
schools, etc. 

"Purchase" as used in connection with claiming replacement housing 
payments with respect to: 

(1) Real property means the close of escrow by which the fitle to re- 
placement property was conveyed to the claimant of a relocation pay- 
ment; or if no escrow was used, "purchase" means the delivery to such 
claimant of the deed to the replacement property or the delivery of a com- 
pletely executed installment contract for purchase. (2) Mobile homes 
means the registration of the vehicle with the California Department of 
Motor Vehicles in the name of the claimant. (3) For purpose of this Ar- 
ticle, the leasing of a condominium or other suitable dwelling for a fifty 
(50) year period, or for a term which exceeds the life expectancy of the 
displaced person as determined from the most recent life tables in Vital 
Statistics of the United States, as published by the Public Health Service 
of the Department of Health, Education and Welfare, shall be deemed a 
purchase of a condominium or other dwelling. 

"Relocation Payment" means any payment made under the provisions 
of this Article; including, but not limited to, payments for: actual or rea- 
sonable moving expense, payments made in-lieu of moving expense, 
purchase differential payments, rental differential payments, interest dif- 
ferential payments, and payments covering incidental expenses of the ac- 
quisition of replacement properties. 

"Stated Mortgage Interest Rate" means the annual percentage rale to 
be paid on the debt of a mortgage as set forth in the mortgage or other 
credit instrument. 

"Tenant-Occupant" means a person who rents or is otherwise in law- 
ful possession of a dwelling, including a sleeping room, which is owned 
by another and is the displacee's primary residence. 
NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section 
7268, Government Code and "Guidelines" adopted by the Commission of Hous- 
ing and Community Development. 

History 
1 . Renumbering of Subchapter 1 .6 (Articles 1-2, Sections 380-390) to Subchapter 
1.7 and new Subchapter 1.6 (Articles 1-3, Sections 370-370.40, not consecu- 
tive) filed 1-18-80; effective thirtieth day thereafter (Register 80, No. 3). 



§ 370.01 . Relocation Plans. 

(a) General. Prior to the undertaking of a project, the Department shall 
prepare a Relocation Plan, based upon a survey and analysis of both the 
housing needs of the affected displaced persons and the available re- 
placement housing, which will assure that, within a reasonable period of 
time, prior to displacement, to the extent that it can be reasonably accom- 
plished, there will be available in areas not generally less desirable in re- 
gard to public utilities and public and commercial facilities, and at rents 
or prices within the financial means of the families and individuals dis- 
placed, decent, safe and sanitary dwellings, equal in number to the num- 
ber of, and available to, such displaced persons who require such dwell- 
ings and reasonably accessible to their place of employment. 



Page 14 



(4-1-90) 



Title 23 



Department of Water Resources 



§ 370.04 



• 



(1) All persons to be displaced, any relocation committee formed of 
persons displaced, and representatives of affected governmental agen- 
cies, and members of the community who notify the Department of their 
interest shall be given the opportunity and should be encouraged fully 
and meaningfully to participate in reviewing the Relocation Plan and 
monitoring the relocation assistance program of a particular project. As 
to projects involving substantial displacements, the Department shall en- 
courage the formation of a relocation committee consisting of represen- 
tatives of the residents and interested community organizations in the 
displacement area and affected displaced persons. 

(2) The term "undertaking a project," for purposes of this section, shall 
mean the date the Director authorizes the acquisition or the initiation of 
negotiations for the acquisition of the affected ownership(s). 

(3) The approval of the Relocation Plan vests in the Director as head 
of the State Agency. 

(4) When determining a displacee's financial ability to afford replace- 
ment housing, replacement housing payments, and rental rates after ac- 
quisition, the displacee shall provide a written statement as to his gross 
income which will be updated annually or as necessary. Failure to pro- 
vide such written statement shall require the Department to make deter- 
minations on the best data known and available to them. 

(b) When considering the availability of replacement housing, the De- 
partment shall adjust the available housing inventory in the replacement 
area, if necessary, by excluding: 

( 1 ) Those units which do not meet the test of being decent, safe, and 
sanitary units; 

(2) Uncompleted new construction or rehabilitation which are not 
likely to be available at the time of displacement; 

(3) Those units considered by the Department to be turnover in the re- 
placement area; 

(4) Subsidized publicly owned housing which will not reasonably be 
available to the displacees at the time of displacement. 

(c) Each Relocation Plan shall provide a statement as to the need for 
last resort housing. In the event of a reasonably anticipated need for such 
housing, an estimate of the cost, including overhead, will be included as 
a separate amount. 

NOTE; Authority cited: Section 7267.8, Government Code. Reference: Section 
7268, Government Code. 

History 
1. Editorial correction of section number (Register 80, No. 22). 

§ 370.02. Eviction Policy. 

(a) Eviction of persons in occupancy as of the date of acquisition shall 
be undertaken only for one or more of the following reasons: 

(1) Failure to pay rent, except in those cases where the failure to pay 
is due to the lessor's failure to keep the premises in habitable condition, 
is the result of harassment or retaliatory action or is the result of disconti- 
nuation or substantial interruption of services; 

(2) Performance of a dangerous, illegal act in the unit; 

(3) Material breach of the rental agreement and failure to correct 
breach within 30 days of notice; 

(4) Maintenance of a nuisance and failure to abate within a reasonable 
time following notice; 

(5) Refusal to accept one of a reasonable number of offers of replace- 
ment dwellings; 

(6) The eviction is required by State or local law and cannot be pre- 
vented by reasonable efforts on the part of the public entity; 

(7) The building has structural defects existent at the time of purchase 
by the Department. 

NoTE: Authority cited: Section 7267.8, Government Code. Reference: Section 
7268, Government Code. 

History 
1. Editorial correction of section number (Register 80, No. 22). 

§ 370.03. Eligibility. 

(a) Relocation assistance and benefits, as provided in these regula- 
tions, shall be available to: 



(1) Any person who lawfully occupies property from which he will be 
displaced; 

(2) Any person in lawful occupancy who will move from real property 
or will move his personal property from real property because he will be 
displaced from other real property on which he conducts a business or 
farm operation; 

(3) Any person in lawful occupancy who moves from real property as 
a result of its acquisition by the Department for a public use whether the 
move is voluntary or involuntary; 

(4) Any person in lawful occupancy at the time of initiation of negoti- 
ations who moves as the result of the pending acquisition and the proper- 
ty from which he is displaced is subsequently acquired for public use. 

(b) Any person who becomes an occupant of real property after acqui- 
sition by the State shall not be eligible for any relocation assistance, pay- 
ments, assurances of available housing, or a minimum 90-day notice to 
vacate. Prior to occupying the property, such a tenant should be informed 
that the property has been acquired for a public use and will be available 
as housing only in the interim between acquisition and development and 
that such development may result in termination of the tenancy sooner 
than otherwise would be expected. The Department should inform pro- 
spective tenants regarding the projected date of displacement. 

(c) Subsequent sale to a private person of housing provided by the 
State as last resort housing does not establish eligibility for relocation as- 
sistance or benefits for any person in occupancy at the time of such sale. 
NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section 
7268, Government Code. 

History 

1. Editorial correction of section number (Register 80, No. 22). 

§ 370.04. Standards for Decent, Safe, and Sanitary 
Dwellings. 

(a) A decent, safe, and sanitary dwelling is one which meets all of the 
following minimum requirements: 

( 1 ) Conforms with all applicable provisions for existing structures that 
have been established under State or local building, plumbing, electrical, 
housing and occupancy codes and similar ordinances or regulations; 

(2) Has a continuing and adequate supply of potable safe water; 

(3) Has a kitchen or an area set aside for kitchen use which contains 
a sink in good working condition and connected to hot and cold water, 
and an adequate sewage system. A stove and refrigerator in good operat- 
ing condition shall be provided when required by local code, ordinances 
or custom. When these facilities are not so required by local codes, ordi- 
nances, or custom, the kitchen area or area set aside for such use shall 
have utility service connections and adequate space for the installation 
of such facilities; 

(4) Has an adequate heating system in good working order which will 
maintain a minimum temperature of 70 degrees in the living area, exclud- 
ing bedrooms, under local outdoor design temperature conditions. A 
heating system will not be required in those geographical areas where 
such is not normally included in new housing; 

(5) Has a bathroom, well-lighted and ventilated and affording privacy 
to a person within it, containing a lavatory basin and a bathtub or stall 
shower, properly connected to an adequate supply of hot and cold run- 
ning water, and a flush closet, all in good working order and properly 
connected to a sewage disposal system; 

(6) Has an adequate and safe wiring system for lighting and other elec- 
trical services; 

(7) Is structurally sound, weathertight, in good repair and adequately 
maintained; 

(8) Each building used for dwelling purposes shall have a safe unob- 
structed means of egress leading to safe open space at ground level. Each 
dwelling unit in a multi-dwelling building must have access either di- 
rectly or through a common corridor to a means of egress to open space 
at ground level. 

In multi-dwelling buildings of three stories or more, the common cor- 
ridor on each story must have at least two means of egress. 



Page 15 



(4-1-90) 



§ 370.10 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



(9) Has 150 square feet of habitable floor space for the first occupant 
in a standard living unit and at least 100 square feet of habitable floor 
space for each additional occupant. The floor space is to be subdivided 
into sufficient rooms to be adequate for the family. All rooms must be ad- 
equately ventilated. Habitable floor space is defined as that space used 
for sleeping, living, cooking or dining purposes, and excludes such en- 
closed places as closets, pantries, bath or toilet rooms, service rooms, 
connecting corridors, laundries, and unfinished attics, foyers, storage 
spaces, cellars, utility rooms and similar spaces. 

(b) A decent, safe and sanitary sleeping room is one which includes the 
minimum requirements contained in paragraph (a), subparagraphs (2). 
(4), (5), (6), (7), and (8) of this section and the following: 

( 1 ) At least 100 square feet of habitable floor space for the first occu- 
pant and 50 square feet of habitable floor space for each additional occu- 
pant; 

(2) Lavatory, bath and toilet facilities that provide privacy, including 
a door that can be locked if such facilities are separate from the room. 

(c) A decent, safe, and sanitary mobile home is one which includes the 
minimum requirements contained in paragraph (a), subparagraphs (2), 
(3), (4), (5), (6). (7). (8). and (9) of this section except that it may have 
70 square feet of habitable floor space for each additional occupant, and 
the following: ( 1 ) Bears the insignia of approval issued by the State of 
California. Department of Housing and Community Development, pur- 
suant to the California Health and Safety Code, except those manufac- 
tured prior to September 1. 1958. 

(d) The Department may approve exceptions to the standards in this 

Section where unusual conditions exist. 

NoTE: Authority cited: Section 7267.8, Government Code. Reference: Section 
7268, Government Code. 

History 

1 . Editorial correction of section number (Register 80, No. 22). 



Article 2. Relocation Payments 

§ 370.10. Relocation Payments — General Provisions. 

(a) Appeals. Any displaced person aggrieved by a determination as to 
eligibility for a relocation payment, or the amount of such payment, may 
have his application reviewed by a Relocation Appeals Board designated 
by the Director to hear such appeals. The Appeals Board shall make its 
recommendations to the Director who will make the final decision on the 
appeal. The Department shall inform all displaced persons of their right 
of appeal. They shall be furnished the address of the Relocation Appeals 
Board. They shall be given full opportunity to be heard and a prompt de- 
cision shall be made. Appeals must be submitted prior to the final date 
specified in subsection (d) of this Section for applying for relocation pay- 
ments. 

(b) Form of Application. Application for relocation payments or ap- 
peals shall be made to the Department upon forms prescribed by the De- 
partment and shall be accompanied by such information and documenta- 
tion as may be required by the Department. 

(c) Payment Date. No relocation payment shall be made by the Depart- 
ment prior to the date title to the property vests in the State of California 
through close of purchase escrow or Final Order of Condemnation or the 
date of possession by the State under an Order of Possession. 

(d) Time Limit on Filing Applications. Except as otherwise provided, 
applications for relocation payments must be submitted to the Depart- 
ment within 1 8 months from the date of vacation of the acquired property 
or the date he receives final compensation for the property, whichever is 
later. 

(e) Assignment of Relocation Payments. The payments described in 
this Article may be made directly to the displaced person upon proper 
application, or upon proper instruction addressed to the Department and 
attached to his application for payment, the payments may be made di- 
rectly: 

(1) To a lessor or landlord for rent; or 



(2) To a moving company for moving expenses; or 

(3) To an escrow agent pursuant to paragraph (f) of this subsection, 
(f) Payments into Escrow. In cases where a displaced person qualifies 

for the payments described in this Article except that he has not yet pur- 
chased or occupied a suitable replacement dwelling, the Department, af- 
ter inspecting the proposed replacement dwelling and finding that it 
meets the decent, safe and sanitary standards set forth in Section 370.04 
of this Article, may deposit the amount of the replacement housing or rent 
supplement for which the displaced person may be eligible in an escrow 
with a bank, taist company, licensed escrow agency, building and loan 
or savings and loan association, or title company to the account of the dis- 
placed person with instniction for payment of such funds from escrow. 
Such escrow instructions shall be adequate to assure compliance with 
provisions of this Article relating to purchase and occupancy and to as- 
sure return of such funds from escrow to the Department in the event of 
noncompliance with such provisions. 

NOTE: Authority cited: Section 7267.8. Government Code. Reference: Section 
7268. Government Code. 

§ 370.11. Moving and Related Expense 

Payments — General Provisions for All 
Relocated Individuals, Families, Businesses 
and Farms. 

(a) Eligibility to Receive Moving Cost Payment. 

( 1 ) Any individual, family, business or farm operator is eligible to re- 
ceive payment for the reasonable expenses of moving his personal prop- 
erty when 

(A) He is in lawful occupancy at the initiation of negotiations for the 
acquisition of the real property; and 

(B) He moves from the real property or moves his personal property 
from the real property subsequent to the date of initiation of negotiation; 
or, 

(C) The real property is subsequently acquired. 

(b) One Move Per Person. No moving expense payment will be made 
for more than one move of a displaced person except where found by the 
Department to be in the public interest and prior approval is secured. 

(c) Payment Only After Move Completed. Moving expense payments 
shall be made only after the move has been accomplished except as pro- 
vided in subsections (d) and (e) of this section. 

(d) Payment in Advance. In case of undue hardship, payment of mov- 
ing expenses to an eligible displacee may be made in advance of moving. 

(e) Partial Payments. The Department may make partial payments of 
moving expense claims when such claims are based on the actual costs 
of moving, provided the amount of such partial payment does not exceed 
the actual cost incurred up to the time such payment is claimed. 

(f) Payments Directly to Mover. By written prearrangement between 
the Department, the displaced person and the mover, a displaced person 
may present unpaid moving bills to the Department and the Department 
may pay the mover directly. 

(g) Distance Limited to 50 Road Miles. The allowable expense for 
transportation shall not exceed the cost of moving 50 road miles mea- 
sured from the point from which the move was made to the point of relo- 
cation via the most commonly used routes between such points. 

In special cases where the Department determines that relocation can- 
not be accomplished within the 50 mile area, the allowable expense for 
transportation may be increased with the prior approval of the Depart- 
ment. 

(h) Storage. When an actual expense basis is used and the Department 
determines that it is necessary for a relocated person to store his personal 
property for a reasonable time, not to exceed twelve months, the cost of 
such storage shall be paid as a part of the moving expense. Payment shall 
not be made for storage of personal property on the property being ac- 
quired or on other property owned by the relocatee. Storage expense shall 
not be paid where the displaced person elects payment under any of the 
schedules set forth in Section 370.12 (c) of this Article. 



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§ 370.13 



(i) Cost of Advertising for Bids. The expense incurred in advertising 
for packing, crating and transportation are reimbursable when the De- 
partment determines that such advertising is necessary. Payment of such 
expense shall be limited to complicated or unusual moves where adver- 
tising is the only practical method of securing bids. 

{]) Inspection of Books and Records. All books and records kept by a 
displaced person as to actual moving expense incurred shall be subject 
to review and audit by a Department representative during reasonable 
business hours. 

(k) Owner-Retained Dwellings. When an owner retains his dwelling, 
the cost of moving it onto the remainder or replacement land is not eligi- 
ble as a part of the cost of moving personal property. If the owner chooses 
to use his dwelling as a means of moving personal property, payment 
shall be based on the schedules set forth in Section 370.12 (c) of this Ar- 
ticle. 

(/) Personalty Sold to Others. If a displaced person who is eligible to 
receive payment for moving expenses under subsection (a) of this Sec- 
tion sells, conveys, or transfers title to personal property located on real 
property acquired by the State to another person, such other person shall 
not be eligible to receive payment of moving expense except as provided 
for direct losses of tangible personal property in Section 370. 1 3 (c) of this 
Article. 

(m) Moves From Separate Property. Where the acquisition of real 
property used for a business or farm operation which is eligible for a pay- 
ment under subsection (a) of this Section causes a person to vacate a 
dwelling or other real property separate from and not acquired by the 
State, or move his personal property from other real property separate 
from and not acquired by the State, said person is eligible for reimburse- 
ment of the appropriate moving expenses under Sections 370.12, 
370.13(b), (c) and (d), 370.14 and 370.15. 

(n) Moves From Partial Takings. Where only a portion of a larger par- 
cel is acquired, a displaced person shall be eligible for moving expense 
payment only where the removal of his personal property from the prop- 
erty acquired is necessary and is not otherwise compensated. 

(0) Insurance. The cost of insurance premiums covering the reason- 
able replacement value of personal property for loss and damage while 
in storage or transit is reimbursable. 

(p) Removal and Reinstallation Expense. The expense of removal, re- 
installation and reestablishment of machinery, appliances and other 
items of personal property which were not acquired by the Department, 
including reconnection of utiHties to such items, and which does not con- 
stitute an improvement to the replacement site (except where required by 
law), are reimbursable. Such removal, reinstallation, reestablishment or 
reconnection costs or items classified as real property by the Department 
and which were retained by the owners, are not reimbursable. 
NOTE; Authority cited: Section 7267.8, Government Code. Reference: Section 
7268, Government Code. 

§ 370.12. Moving Payments to Individuals and Families. 

(a) General. A displaced individual or family eligible under Section 
370. 1 1 (a) is entitled to receive a payment for moving his personal prop- 
erty, himself and his family. Such displaced persons have the option of 
payment on the basis of actual, reasonable moving expenses or a moving 
expense schedule. 

(b) Actual, Reasonable Moving Expenses. 

( 1 ) Moves by For-Hire Carriers. A displaced individual or family may 
be paid the actual, reasonable cost of a move accomplished by for-hire 
carriers. The displaced person may elect, with Department approval, ei- 
ther of the following options: 

(A) The displaced person shall secure at least two estimates from re- 
sponsible for-hire carriers and submit them to the Department for ap- 
proval prior to the move. The Department will authorize payment for the 
move based on the lowest of such bids or estimates. 

Payment shall be made by the Department upon presentation of the 
paid, receipted and itemized bill after the claimant has moved from the 
premises. 



If this creates a financial hardship on the displacees, the Department 
will secure an assignment from the displacee to allow direct payment to 
be made to the mover upon presentation of itemized bills after claimant 
has moved from the premises. 

(B) The displaced person shall be given a moving service authoriza- 
tion by the Department and may select a for-hire carrier from the list of 
eligible for-hire carriers established by the Department. When the for- 
hire carrier has completed the move, the original moving service authori- 
zation will be returned to the Department by the for-hire carrier with the 
itemized moving cost bill. The Department shall pay the for-hire carrier 
directly. Such moves shall be at the minimum rates, mles and regulations 
prescribed and established by the California Public Utilities Commis- 
sion. 

(2) Self Moves. In the case of a self move the displaced individual or 
family may be paid his actual moving costs, supported by receipted bills 
or other evidence of expenses incurred but such payment may not exceed 
the estimated cost of moving commercially. The estimated cost may be 
prepared by a commercial moving company or, when not in excess of 
$1,000, by a qualified Department employee other than the employee 
handling the claim. 

(3) Cost of Transportation of Displacee. The costs of transportation of 
displaced individuals and families to the new location are also eligible. 
Such costs may be on a mileage basis, not to exceed 1 5 cents per mile, 
or reasonable, actual fees if commercial transport is used and may in- 
clude special services such as the cost of an ambulance to transport dis- 
placed invalids. 

(4) Cost of Meals and Lodging. The actual reasonable costs of meals 
and lodging are eligible when the Department determines such costs are 
required because of unforeseen circumstances or practical necessities of 
the moving operation. 

(c) Moving Expense Schedules. 

(1) In lieu of actual and reasonable moving expense, any individual or 
family displaced from a dwelling unit may elect to receive a payment 
which shall cover all items and incidentals necessary to the vacating of 
the property acquired according to the following: 

(A) A moving expense allowance not to exceed $300 and determined 
in accordance with established Federal Highway Administration sched- 
ules maintained by the California Department of Transportation, and 

(B) A dislocation allowance of $200. 

(2) The owner-occupant of a multi-family dwelling may elect to re- 
ceive payment for his own dwelling unit under this Section, and is eligi- 
ble to receive payment under Section 370. 13 for his personal property in 
other units of the multi-family dwelling. 

NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section 
7268, Government Code. 

§ 370.13. Moving Payments to Business or Farm. 

(a) General. 

(1) The owner of a displaced business or farm eligible under Section 
370. 1 1 (a) is entitled to receive a payment for actual reasonable moving 
and related expense which include: 

(A) Actual reasonable expenses in moving his business, farm, or other 
personal property as provided in subsection (b), below; 

(B) Actual direct losses of tangible personal property in moving or dis- 
continuing his business or farm, as provided in subsection (c), below; 

(C) Actual reasonable expenses in searching for a replacement busi- 
ness or farm, as provided in subsection (d), below. 

(2) In lieu of the payment for actual expenses and losses as specified 
in subsection (a) (1) (A), (B) and (C) of this Section a displaced business 
or farm may be eligible for a fixed payment as provided in subsection (e). 

(b) Actual Reasonable Moving Expenses. 

( 1 ) The owner of a business or farm may be paid the actual, reasonable 
cost of a move accomplished by a commercial mover. Where possible, 
at least two firm bids shall be obtained prior to the move and submitted 
to the Department for approval. The Department will authorize payment 
based on the lowest bid. 



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(A) Where appropriate, the Department may give the displaced busi- 
ness a Moving Service Authorization in accordance with the provisions 
of Section 370. 12 (b)(1)(B). 

(2) Self Moves. 

(A) A business or farm which performs the move on its own account 
shall prepare a certified inventory of the items of personal property to be 
moved. When the Department can obtain two acceptable bids or esti- 
mates from qualified estimators based on the certified inventory, the 
owner of the displaced business or farm may be paid an amount equal to 
the low bid or estimate, without negotiation. When circumstances war- 
rant, the Department may negotiate a lower amount not to exceed the 
lower of the two acceptable bids or estimates. The amount to be paid shall 
be agreed upon in writing in advance of the move. Upon completion of 
the move the owner must certify in his claim for payment that the items 
listed in the certified inventory were actually relocated. If the Department 
finds that the items actually relocated differ significantly from the certi- 
fied inventory, payment of the moving cost shall be adjusted accordingly. 

(B ) If two estimates cannot be obtained, the owner may be paid his ac- 
tual, reasonable moving costs supported by receipted bills or other evi- 
dence of expenses incurred. 

(C) A qualified employee of the Department, other than the employee 
who is handling the claim, may make a moving expense finding not to 
exceed $ 1 ,000.00. The amount of such moving expense finding may be 
paid the owner of the business or farm upon completion of the move with- 
out supporting evidence of actual expenses incurred. 

(3) Alternate Payments. 

(A) The provisions of subsection (c) of this Section contain the criteria 
under which reimbursement is based for personal property which is not 
moved to the new site. 

(B) When personal property which is used in connection with the busi- 
ness or farm to be moved is of low value and high bulk and the estimated 
cost of moving would be disproportionate in relation to the value, the De- 
partment may negofiate and agree, in writing, with the owner for an 
amount not to exceed the difference between the cost of replacement of 
comparable item(s) on the market and the amount which would probably 
have been received for the item(s) on liquidation. 

(c) Actual Direct Losses of Tangible Personal Property. Reimburse- 
ment for the actual direct losses of tangible personal property is allowed 
when a person who is displaced from his place of business or farm is en- 
titled to relocate such property in whole or in part but elects not to do so. 
Payments for actual direct losses may only be made after a bona fide ef- 
fort has been made by the owner to sell the item involved. When the item 
is sold the payment will be determined in accordance with subsection (c) 
( 1) or (c) (2) of this Secdon. If the item cannot be sold the owner will be 
compensated in accordance with subsection (c) (3) of this Section. The 
sales prices, if any, and the actual, reasonable costs of advertising and 
conducting the sale shall be supported by a copy of the bills of sale or sim- 
ilar documents and by copies of any advertisements, offers to sell, auc- 
tion records, and other documentation supporting the bona fide nature of 
the sale. 

(1) If the business or farm is to be reestablished and an item of personal 
property which is used in connection with the enterprise is not moved but 
promptly replaced with a comparable item at the new location, the reim- 
bursement shall be the lesser of: 

(A) The replacement cost of the item not moved minus the net pro- 
ceeds of the sale; or 

(B) The estimated cost of moving the item. 

(2) If the business or farm is being disconfinued or the item is not to 
be replaced in the reestablished enterprise the payment will be the lesser 
of: 

(A) The difference between the depreciated value of the item in place 
and net proceeds of the sale; or 

(B) The estimated cost of moving the item. 

(3) If a bona fide sale is not effected under subsection (c) (1) or (c)(2) 
of this Section because no offer is received for the property, the owner 



shall be entitled to the reasonable expenses of the sale. The displaced 
owner shall arrange to have the personalty removed from the premises 
at no cost by a junk dealer, etc. If this fails the Department shall remove 
the item in the most economical manner. 

(4) When personal property is abandoned with no effort made by the 
displaced owner to dispose of such property by sale or by removal at no 
cost as specified in the above paragraphs, the owner will not be entitled 
to moving expenses, or losses, for the items involved. 

(d) Actual Reasonable Expenses In Searching For a Replacement 
Business or Farm. 

( 1 ) The owner of a displaced business or farm may be reimbursed for 
the actual reasonable expenses in searching for a replacement business, 
not to exceed $500.00. Such expenses may include transportation ex- 
penses, meals, lodging away from home and the reasonable value of time 
actually spent in search, including the fees of real estate agents or real es- 
tate brokers if actually required and paid by the displaced business. 

(A) Receipted Bills. All expenses claimed except value of time actual- 
ly spent in search must be supported by receipted bills. 

(B) Time Spent In Search. Payment for time actually spent in search 
shall be based on the applicable hourly wage rate for the person conduct- 
ing the search but may not exceed $10.00 per hour. A certified statement 
of the time spent in search and hourly wage rate shall accompany the 
claim. 

(e) In Lieu of Actual Moving Expenses. In lieu of the payments de- 
scribed in subsections (b), (c), and (d) of this Section, an owner of a dis- 
continued or relocated business or farm is eligible to receive a payment 
equal to the average annual net earnings of the enterprise except that such 
payment shall be not less than $2,500.00 nor more than $10,000.00 pro- 
viding the following requirements are met: 

(1) Department Shall Determine. In order for the owner of a business 
or farm to be entitled to this payment, the Department shall determine 
that: 

(A) The business or farm cannot be relocated without a substantial loss 
of its exisfing patronage. Loss of existing patronage is determined by 
comparing existing patronage as defined in Section 370.00 of this Article 
to the estimated net income of the business for the 12 month period after 
relocaUon. Such determination shall be made only after consideration of 
all pertinent circumstances, including but not limited to the following 
factors: 

1 . The type of business or farm conducted by the displaced owner; 

2. The nature of the cUentele of the displaced business or farm; 

3. The relative importance of the present and proposed location to the 
displaced business or farm; 

4. Availability of replacement sites within the financial means of the 
displaced business or farm; 

5. Competitive advantage of the existing location; 

6. In case of a pardal taking of a business or farm, the determination 
of whether the property remaining is no longer an economic unit; 

7. Substantial additional capital expense required, or higher operating 
costs at the replacement site. 

(B) The business or farm is not part of a commercial enterprise having 
at least one other establishment which is not being acquired which is en- 
gaged in the same or similar enterprise. The Department may determine 
by suitable criteria that the remaining facility is not another "establish- 
ment" for purposes of this section. 

(C) The business or farm contributes materially to the income of the 
displaced owner. A part-time individual or family occupation in the 
home which does not contribute materially to the income of the displaced 
owner is not eligible for this payment. 

(2) Owner Must Provide Information. To be eligible for the payment 
in lieu of actual and reasonable moving expense, the displaced business 
or farm must make its income tax and sales tax returns and its financial 
statements and accounting records available for audit for confidential use 
by the Department. 



Page 18 



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§ 370.16 



(3) In Business or Farming Less Than 2 Years. If the business or farm 
affected can show that it was in operation 12 consecutive months during 
the two taxable years prior to the taxable year in which it is required to 
relocate, had income during such period and is otherwise eligible, the 
owner of an enterprise is eligible to receive the in lieu payment. Where 
the business or farm was in operation for 1 2 consecutive months or more 
but was not in operation during the entire two preceding taxable years, 
the payment shall be computed by dividing the net earnings by the num- 
ber of months the business or farm was operated and multiplying by 12. 
A taxable year is defined as any 1 2-month period used by the business 
or farm in filing income tax returns. 

NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section 
7268, Government Code. 

§ 370.14. Moving Payments to Nonprofit Organizations. 

(a) A displaced nonprofit organization eligible under Section 370.1 1 
(a) is eligible to receive payments for either 

(1) Actual reasonable moving expenses, actual direct losses of tangi- 
ble personal property, actual reasonable expenses in searching for a re- 
placement site, or 

(2) In lieu of actual expenses in accordance with Section 370.13 (b), 
(c), (d) and (e), a payment in the amount of $2,500 if the Department de- 
termines that: 

(A) The nonprofit organization cannot be relocated without a substan- 
tial loss of its existing patronage. The term "existing patronage" as used 
in connection with nonprofit organizations only includes the persons, 
community or clientele serviced or affected by the activities of the non- 
profit organization; and 

(B) The nonprofit organization is not part of an enterprise having at 

least one other establishment not being acquired which is engaged in the 

same or similar activity. 

NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section 
7268, Government Code. 

§ 370.15. Advertising Signs. 

(a) General. 

( 1 ) The owner of a displaced advertising sign eligible under Section 
370. 1 1 (a) is eligible to receive a payment for actual reasonable moving 
and related expenses which include: 

(A) Actual reasonable expenses in moving his advertising sign as pro- 
vided in subsection (b) of this section; 

(B) Actual direct losses of tangible personal property as provided in 
subsection (c) of this section; and 

(C) Actual reasonable expenses in searching for a replacement sign 
site as provided in subsection (d) of this section. 

(2) An owner of an advertising sign who is otherwise eligible for mov- 
ing payments will not be eligible if he moves his sign to a site in violation 
of State, Federal or local regulations. 

(3) The provisions of this paragraph do not apply separately to an ad- 
vertising sign owned by and located on the business or farm being dis- 
placed. Those signs considered personal property, including signs eligi- 
ble under Section 370. 1 1 (m) are to be considered items of the business 
or farm and included under the provisions of Section 370.13. 

(b) Actual Reasonable Moving Expenses. The owner of a displaced 
sign may be reimbursed for his actual, reasonable moving expenses in ac- 
cordance with the provisions of Section 370.13 (b), (1) and (2). 

(c) Actual Direct Losses of Tangible Personal Property. The owner of 
a sign may be reimbursed for actual direct losses when he is entitled to 
relocate the sign but does not do so. The amount of such loss will be the 
lesser of: 

( 1 ) The depreciated reproduction cost of the sign as determined by the 
Department; or 

(2) The estimated cost of moving the sign. 

(d) Actual Reasonable Expenses in Searching for a Replacement Sign 
Site. 

(1) The owner of a displaced advertising sign may be reimbursed for 



his actual reasonable expenses in searching for a replacement sign site 
not to exceed $100.00. Such expenses may include transportation ex- 
penses, meals, lodging away from home and the reasonable value of time 
actually spent in search, including the fees of real estate agents or brokers 
if actually required and paid for by the displaced sign owner. 

(A) Receipted Bills. All expenses claimed except value of time actual- 
ly spent in search must be supported by receipted bills. 

(B) Time Spent in Search. Payment for time actually spent in search 
shall be based on the applicable hourly wage rate for the person conduct- 
ing the search but may not exceed $ 10.00 per hour. A certified statement 
of the time spent in search and hourly wage rate shall accompany the 
claim. 

NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section 
7268, Government Code. 

§ 370.16. Replacement Housing Payments. 

(a) General Provisions. 

(1 ) In addition to other payments provided by this Article, eligible in- 
dividuals and families displaced from their primary residence, including 
condominiums, cooperative apartments and mobile homes purchased by 
the State are eligible for replacement housing payments in accordance 
with this Article. 

(2) Displaced individuals or families are not required to relocate to the 
same occupancy (owner or tenant) status but have other options accord- 
ing to their ownership status and tenure of occupancy as described in Sec- 
tions 370.17 to 370.23, inclusive, of this Article. 

(3) Not more than one replacement housing or rental payment shall be 
made for each dwelling unit except in the case of multi-family occupan- 
cy of one dwelling unit as specified in subsection (f) of this Section. 

(b) Requirement to Receive Payments. 

( 1 ) In addition to the tenure of occupancy provisions the displaced per- 
son is otherwise eligible for the appropriate payments when he relocates 
and occupies a decent, safe and sanitary dwelling within a one-year peri- 
od beginning on the later of the following dates: 

(A) The date on which the owner received final payment for all costs 
of the acquired dwelling in negotiated settlements; or in the case of con- 
demnation, the date on which the required amount is deposited into court 
for the benefit of the owner; or 

(B) The date on which he actually vacates the acquired real property. 

(2) A displaced person who has entered into a contract for the con- 
struction or rehabilitation of a replacement dwelling and, for reasons be- 
yond his reasonable control, cannot occupy the replacement dwelling 
within the time period shown above shall be considered to have pur- 
chased and occupied the dwelling as of the date of such contract. The re- 
placement housing payment or rental payment under these conditions 
shall be deferred until the displaced person has actually occupied the re- 
placement dwelling. 

(3) A displaced person who has entered a legally binding contract for 
purchase of a replacement dwelling and, for reasons beyond his reason- 
able control, cannot secure title to and occupancy of the replacement 
dwelling within the time period shown above shall be considered to have 
purchased and occupied the dwelling as of the date of such contract. The 
replacement housing or rental payment under these conditions shall be 
deferred until title to the premises vests in and the displaced person has 
actually occupied the replacement dwelling. 

(c) Inspection for Decent, Safe and Sanitary Standards. Before making 
payment to the relocatee the Department shall inspect the replacement 
dwelling and determine whether it meets the standards for decent, safe 
and sanitary housing as set forth in Section 370.04 of this Article. Such 
determination by the Department that a dwelling meets the standards for 
decent, safe and sanitary housing is made solely for the purpose of deter- 
mining the eligibility of relocated individuals and families for payments 
under this Article and is not a representation for any other purpose. 

(d) Applicants Must Certify Ehgibility. Applicants for any payment 
made under Sections 370.16 to 370.23, inclusive, must certify thai, to the 
best of their knowledge and belief, the replacement dwelhng meets the 



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Title 23 



standards for decent, safe and sanitary housing specified in Section 
370.04 of this Article and that they are eligible for the payment requested. 

(e) Ownership of Replacement Dwelling Prior to the Initiation of Ne- 
gotiations. Any person who has obtained legal ownership of a replace- 
ment dwelling prior to the initiation of negotiations on the project and oc- 
cupies the replacement dwelling after being displaced but within the time 
limit specified in subsection (b) of this Section is eligible for replacement 
housing payment if the replacement dwelling meets the requirements of 
Section 370.04 of this Article. 

(0 Multiple Occupancy of Same Dwelling Unit. The Department shall 
determine if the multiple occupancy of a single dwelling unit will require 
proration of replacement housing payments based on equitable criteria 
consistent with the intent of the displacees and the Relocation Act (Gov- 
ernment Code Section 7260, et seq.). 

(g) Joint Residential and Business Use. Where displaced individuals 
or families occupy living quarters on the same premises as a displaced 
business, farm or nonprofit organization, such individuals or families are 
separate displaced persons for purposes of determining entitlement to re- 
location payments. 

(h) Dependents. A dependent who is residing separate and apart from 
the person or family providing support, whether such separate residence 
is permanent or temporary, shall be entitled to payment under these regu- 
lations, but such payment shall be limited to the period during which the 
displaced dependent resides in the replacement dwelling. At the time the 
dependent vacates that dwelling, no further payment under these regula- 
tions shall be made to such person. For the purposes of this paragraph, 
a "dependent" shall be a person who derives fifty-one percent (51%) or 
more of his income in the form of gifts from any private person or any 
academic scholarship or stipend. Full-time students shall be presumed 
to be dependents but may rebut this presumption by demonstrating that 
over fifty percent (50%) of their income is derived from sources other 
than gifts from another person or academic scholarships or stipends. 
NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section 
7268, Government Code. 

§ 370.17. Replacement Housing Payments to 

Owner-Occupant for 180 Days or ^Aore Who 
Purchases a Replacement Dwelling. 

(a) General. 

( 1 ) A displaced owner-occupant of a dwelling may receive additional 
payments, the combined total of which may not exceed $15,000.00, for 
the additional cost necessary: 

(A) To purchase replacement housing; 

(B) To compensate the owner for the loss of favorable financing on his 
existing mortgage in the financing of replacement housing; and 

(C) To reimburse the owner for incidental expenses incident to the pur- 
chase of replacement housing when such costs are incurred as specified 
herein. 

(2) The owner-occupant is eligible for such payments when: 

(A) He has been in occupancy of the dwelling to be acquired as his pri- 
mary residence for at least 1 80 consecutive days immediately prior to and 
including the date of initiation of negotiations for the parcel; and 

(B) The property was acquired from him by the stale; and 

(C) He purchased and occupied a decent, safe and sanitary dwelling 
within the time period specified in Section 370.16 (b). 

(b) Purchase Differential Payment. 

(1) Amount of Payment. The replacement housing payment is the 
amount, if any, when added to the amount for which the Department ac- 
quired his dwelling, equals the actual cost which the owner is required 
to pay for a decent, safe, and sanitary dwelling, or the amount determined 
by the Department as necessary to purchase a comparable replacement 
dwelUng, whichever is less. In the case of a prior owned dwelling, the ac- 
tual cost of the prior owned dwelling will be based on the historical cost 
incurred at the time of its purchase. Any additional cost to bring the prior 
owned dwelling up to minimum decent, safe and sanitary standards may 
be included in the historical cost. 



(2) Determination of Amount Necessary to Purchase Comparable Re- 
placement Housing. The Department shall determine the amount neces- 
sary to purchase comparable replacement housing by any reasonable 
method the Department finds necessary. 

(c) Interest Differential Payment. 

(1) General. 

(A) Interest differential payments are provided to compensate a dis- 
placed person for the increased interest costs he is required to pay for fi- 
nancing a replacement dwelling and shall be allowed only when both of 
the following conditions are met: 

1. The dwelling acquired by the Department was encumbered by a 
bona fide mortgage which was a valid hen on such dwelling for not less 
than 180 days prior to the initiation of negotiations; and 

2. The mortgage on the replacement dwelling bears a higher effective 
rate of interest than the stated mortgage interest rate on the acquired 
dwelling. 

As used in this subsection the term "mortgage" shall include those 
liens as are commonly given to secure advances on, or the unpaid pur- 
chase price of, mobile homes or other vehicles, under the laws of the State 
of California, together with the credit instruments, if any, secured there- 
by. 

(B) The interest differential payment will be based on and limited to 
the lesser of the following amounts: 

1 . The present worth of the right to receive the monthly difference in 
mortgage payments on the existing mortgage using the old and new inter- 
est rates; or 

2. The present worth or the right to receive the monthly difference in 
mortgage payments on the new mortgage using the old stated and new 
interest rates. 

(2) Payment Computation. The Department shall determine the 
amount of the interest differential payment. 

(3) Interest Rate of Replacement Dwelling Mortgage. The interest rate 
of the mortgage on the replacement dwelling to be used in the computa- 
tion shall not exceed the prevailing interest rate currently charged by 
mortgage lending institution in the vicinity. 

(4) Discount Rate. The present worth shall be based on a discount rate 
equal to the prevailing interest rate paid on savings deposits by commer- 
cial banks in the general area in which the acquired dwelling is located. 

(5) Points and Loan Fees. 

(A) To the amount of the increased payment shall be added the follow- 
ing: 

1 . The amount actually paid, if any, as points by the eligible displaced 
owner in the purchase of the replacement dwelling, not to exceed an 
amount calculated by multiplying the prevailing point rate by the amount 
of the eligible portion of the mortgage on the replacement dwelling, or 
the probable replacement cost of the acquired dwelling as determined by 
the Department whichever is less. A "point" is defined as 1% of the out- 
standing mortgage balance. 

2. The amount actually paid, if any, as loan origination or service fees 
by the eligible displaced owner in the purchase of the replacement dwell- 
ing, not to exceed one percent of either the mortgage on the acquired 
dwelling, or 1% of the probable replacement cost of the acquired dwell- 
ing as determined by the Department, whichever is less. 

(6). Variable Rate Mortgages. 

(A) The interest rate of the mortgage on the acquired property shall be 
deemed to be that stated in the mortgage except that in those mortgages 
wherein the lender has the lawful right to make periodic adjustments in 
the interest rate, the interest rate in effect at the Ume of acquisition by the 
Department shall be used in the increased interest cost computation. 

(B) The interest rate of the mortgage on the replacement dwelling shall 
be deemed to be the rate which will be applied to determine the first peri- 
odic payment of principal and interest on said mortgage. 

(d) Incidental Expenses. 

(1) Amount of Payment. The incidental expenses payment is the 
amount necessary to reimburse the homeowner for the actual costs in- 



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CLirred by him incident to the purchase of the replacement dwelling, but 
not for prepaid expenses. Such expenses shall be reasonable and legally 
required or customary in the community. Such costs may include, but are 
not limited to, the following items where actually paid by the displaced 
homeowner: 

(A) Legal, closing and related costs including title search, preparing 
conveyance contracts, notary fees, surveys, preparing drawings or plates 
and charges paid incident to recordation; 

(B) Lenders. Federal Housing Administration or Veterans Adminis- 
tration appraisal fee; 

(C) Federal Housing Administration or Veterans Administration 
application fee; 

(D) Certification of structural soundness when required by lender. 
Federal Housing Administration or Veterans Administration; 

(E) Credit report; 

(F) Owner's title policy or abstract of title; 

(G) Escrow agent's fee; 

(H) State real estate transfer tax; 

(I) Sales or transfer taxes; 

(J) No fee, cost, charge or expense is reimbursable as an incidental ex- 
pense when it is determined to be a part of the debt service, or finance 
charge under the Truth in Lending Act, Title L Public Law 90-321, and 
Regulation Z issued pursuant thereto by the Board of Governors of the 
Federal Reserve System. 

(e) Owner Retention of Dwelling. Where an owner-occupant retains 
his dwelling, the replacement housing payment shall be computed in ac- 
cordance with the appropriate paragraph below: 

(1) Dwelling is Decent, Safe and Sanitary. The payment, if any, shall 
be the amount by which the costs to relocate the retained dwelling ex- 
ceeds the appraised value of the dwelling. 

The costs to relocate may include the reasonable costs of acquiring a 
new site and other expenses incident to retaining, moving the dwelling 
and restoring it to a condition comparable to that before the move. 

(2) Dwelling is Not Decent, Safe and Sanitary. The payment shall be 
computed as shown above except that the costs to cure the decent, safe 
and sanitary deficiencies shall be included in the costs to relocate. 

(3) Limitations. The payment computed under Paragraphs (1) or (2) 

of this subsection may not exceed the amount which the owner would 

have obtained under subsection (b) ( 1 ) of this Section or, if no compara- 

bles are available on which to make such a determination, the cost of a 

new dwelling adequate to accommodate the displaced person. 

Note: Authority cited: Section 7267.8, Government Code. Reference: Section 
7268, Government Code. 

§ 370.1 8. Rental Differential Payment to Owner-Occupant 
for 180 Days or More Who Rents a 
Replacement Dwelling. 

(a) General. An owner-occupant eligible for a replacement housing 
payment under Section 370. 1 7 (a) who elects to rent a replacement dwell- 
ing is eligible for a rental differential payment not to exceed $4,000.00. 

(b) Computation and Disbursement of Payment. The payment shall be 
computed and disbursed in accordance with the provisions of Section 
370.21 (b), (c) and (d) except that: 

(1) The present rental rate shall be economic rent as determined by 
market data; and 

(2) The payment may not exceed the maximum amount which he 

would have received had he elected to receive a purchase differential 

payment under Section 370.17 (b). 

NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section 
7268, Government Code. 

§ 370.19. Replacement Housing Payment to 

Owner-Occupant for Less Than 180 Days but 
Not Less Than 90 Days Who Purchases a 
Replacement Dwelling. 

(a) General. A displaced owner-occupant otherwise eligible under 
Section 370.17 (a) except that he has owned and occupied the dwelling 



for less than 180 days but not less than 90 days may receive an amount, 
not to exceed $4,000.00. to enable him to make a downpayment on the 
purchase of a replacement dwelling and reimbursement for actual ex- 
penses incident to such purchase; or for additional costs to relocate his 
retained dwelling in accordance with the following: 

(b) Computation of Downpayment and Incidental Expenses. 

( 1 ) The amount of the downpayment shall be determined by the De- 
partment as the amount required as a typical downpayment on a compa- 
rable dwelling if such purchase was financed with a conventional loan. 
plus the amount required to be paid by the purchaser as points and/or an 
origination or loan services fee (not to exceed one percent of the probable 
replacement cost of the acquired dwelling as determined by the Depart- 
ment or one percent of the loan on the replacement dwelling whichever 
is less), if such fees are normal to real estate transactions in the area. 

(2) The expenses incident to the purchase of replacement housing as 
provided in Section 370.17 (d); 

(3) Upon purchase and occupancy of a decent, safe and sanitary dwell- 
ing by the relocatee within the time limits specified by Section 370. 1 6 (b) 
the relocatee may be reimbursed: 

(A) The amount of the downpayment determined in subsection (b)(1) 
of this Section and the eligible incidental expenses if the total amount of 
both does not exceed $2,000.00, or if more than $2,000.00; 

(B) $2,000.00, plus 50 percent of the amount in excess of $2,000.00 
providing the relocatee contributes 50 percent of the amount in excess of 
$2,000.00. In no event may the combined payments exceed $4,000.00. 

(4) The full amount of the downpayment must be applied to the pur- 
chase price and eligible incidental costs, such downpayment and inciden- 
tal costs claimed must be shown in the closing statement. 

(c) Owner Retention of Dwelling. The owner may retain his dwelling 
and the replacement housing payment, if any. will be determined in ac- 
cordance with the provisions of Section 370. 1 7 (e) ( 1) and (2) but in no 
event will such payment exceed $4,000.00. 

NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section 
7268, Government Code. 

§ 370.20. Rental Differential Payment to Owner-Occupant 
for Less Than 180 Days but Not Less Than 90 
Days Who Rents a Replacement Dwelling. 

(a) General. A displaced owner-occupant otherwise eligible under 
Section 370.17 (a) except that he has owned and occupied the dwelling 
for less than 1 80 days but not less than 90 days and elects to rent a replace- 
ment dwelling is eligible for a rental differential payment not to exceed 
$4,000.00. 

(b) Computation and Disbursement of Payment. The payment will be 
computed and disbursed in accordance with the provisions of Section 
370.21 (b), (c) and (d) except that the present rental rate shall be econom- 
ic rent as determined by market data. 

NOTE: Authority cited: 7267.8, Government Code. Reference: Section 7268, 
Government Code. 

§ 370.21. Rental Differential Payment to Tenant-Occupant 
for Not Less Than 90 Days Who Rents a 
Replacement Dwelling. 

(a) General. A displaced tenant is eligible for a rental differential pay- 
ment not to exceed $4,000.00, if: 

(1) He has been occupying the dwelling to be acquired as his primary 
residence for at least 90 consecutive days immediately prior to and in- 
cluding the date of initiation of negotiations; and 

(2) The property was subsequently acquired; and 

(3) He rented and occupied a decent, safe and sanitary dwelling within 
the time period specified in Section 370.16 (b). 

(b) Computation of Payment. 

(1) The payment, not to exceed $4,000.00, shall be determined by sub- 
tracting forty-eight (48) times the base monthly rental from: 

(A) Forty-eight (48) times the monthly amount which the tenant ac- 
tually pays for a replacement dwelling, or if lesser; 

(B) Forty-eight (48) times the monthly amount determined by the De- 
partment as necessary to rent a comparable replacement dwelling. 



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(c) Department to Determine Method. The Department shall deter- 
mine the amount necessary to rent a comparable replacement dwelling. 

(d) Disbursement of Rental Differential Payments. 

( 1 ) Rental differential payments shall be paid in a lump sum. monthly 
or at other intervals determined as appropriate by the Department. 

(2) If an installment payment is determined appropriate, the tenant 
must certify to the Department prior to receiving each installment pay- 
ment that he is occupying decent, safe and sanitary housing. In the case 
where installment payments are being made to a dependent, he must cer- 
tify that he is actually occupying the replacement property as specified 
in Section 370.16(h). 

NOTE: Authority cited; Section 7267.8, Government Code. Reference: Section 
7268, Government Code. 

§ 370.22. Replacement Housing Payment to 

Tenant-Occupant for Not Less Than 90 Days 
Who Purchases a Replacement Dwelling. 

(a) General. A displaced tenant eligible for a rental replacement hous- 
ing payment under Section 370.21 (a) who elects to purchase a replace- 
ment dwelling is eligible to receive an amount, not to exceed $4,000.00. 
to enable him to make a downpayment on the purchase of a comparable 
replacement dwelling including the expenses incident to such purchase. 

(b) Computation of Payment. The payment shall be computed in ac- 
cordance with the provisions of Section 370. 19 (b). 

NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section 
7268, Government Code. 

§ 370.23. Replacement Housing Payment to Tenant of a 
Sleeping Room for Not Less Than 90 Days. 

(a) General. A displaced tenant of a sleeping room who is eligible for 
a replacement housing payment under Section 370.21 (a) may receive an 
amount not to exceed $4,000.00 as a comparable replacement dwelling 
in accordance with the following paragraphs. 

(b) Rental Differential Payment. 

( 1 ) The payment, not to exceed $4,000.00, shall be computed in accor- 
dance with the provisions of Section 370.21 (b). 

(2) The Department's determination of the amount necessary to rent 
and the disbursement of the rental differential payments shall be as pro- 
vided in Section 370.21 (c) and (d). 

(c) Downpayment. The downpayment amount, including the expenses 
incident to purchase of the comparable replacement dwelling are to be 
computed in accordance with the provisions of Section 370.19 (b). 
NoTE: Authority cited: Section 7267.8, Government Code. Reference: Section 
7268, Government Code. 

§ 370.24. Mobile Homes. 

(a) General. Acquisition of Mobile Homes. The Department may pur- 
chase mobile homes where: 

(1) The structural condition of the mobile home is such that it cannot 
be moved without substantial damage or unreasonable cost; or 

(2) The mobile home is owner-occupied as a primary residence and 
is not a decent, safe and sanitary dwelling unit as defined in Section 
370.04(c) of this Article and the decent, safe and sanitary deficiencies 
cannot be remedied at a reasonable cost. 

(3) The mobile home is owner-occupied as a primary residence, and 
there are no adequate mobile home sites available in which to relocate the 
displacee's mobile home. 

(b) Partial Acquisition of Mobile Home Park. Where the Department 
determines that a sufficient portion of a mobile home park is taken to jus- 
tify the operator of such park to move his business or go out of business 
the owners and occupants of the mobile home dwellings not within the 
actual taking but who are forced to move shall be eligible to receive the 
same payments as though their dwellings were within the actual taking. 

(c) Mobile Homes as Replacement Dwellings. A mobile home may be 
considered a replacement dwelling provided: 

(1) The mobile home meets decent, safe and sanitary standards as pro- 
vided in Section 370.04(c); 

(2) The mobile home is placed in a fixed location; 



(A) In a mobile home park which is licensed and operating under State 
law; or 

(B) In a mobile home subdivision wherein the displaced person owns 
the lot on which the mobile home is placed; or 

(C) On real property owned or leased by the displaced person in other 
than a mobile home subdivision, provided such placement is in accor- 
dance with State and local laws or ordinances and provided such place- 
ment was made under permit from the State or local agency. 

(d) Computation on Next Highest Type. When a comparable mobile 
home is not available it will be necessary to calculate the replacement 
housing payment on the basis of the next highest type of dwelling that is 
available and meets the applicable requirements and standards, i.e., a 
higher type mobile home or a conventional dwelling. 

(1 ) "Not available" as used in this subsection includes, but is not lim- 
ited to, those cases where mobile homes cannot be relocated in mobile 
home parks within a reasonable distance from the place of dislocation be- 
cause of lack of available spaces or because of the standards and rules of 
the mobile home parks where spaces are available. 

(e) General Provisions. The general provisions for moving expenses 
and replacement housing payments of Sections 370. 1 1 and 370. 1 6 of this 
Article are also applicable to owners and tenants of mobile homes. 
NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section 
7268, Government Code. 

§ 370.25. Moving Expenses for Mobile Homes. 

(a) General. The eligibihty requirements of Section 370.1 1(a) and the 
provisions of Sections 370.1 1 and 370.12 are apphcable to owners and 
occupants displaced from a mobile home. 

(b) Owners of Mobile Homes. 

( 1 ) The owner of a mobile home may be reimbursed for the actual rea- 
sonable costs of moving the mobile home or other personal property in 
accordance with the provisions of Section 370.12(b); or 

(2) If the owner occupies the mobile home, whether the mobile home 
is moved or not, he may elect to be reimbursed in accordance with Sec- 
tion 370.12(c). 

(3) The cost of moving a mobile home on an actual cost basis may in- 
clude the cost of detaching and reattaching fixtures and appliances where 
applicable. When required at the replacement site, the Department may 
include, as moving expenses, necessary costs of skirting, awnings, etc. 

(c) Mobile Home Tenants. Tenants who are displaced from a mobile 
home may elect to be reimbursed for moving their personal property on 
an actual reasonable cost basis as specified in Section 370. 12(b) or in ac- 
cordance with Section 370.12(c). 

NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section 
7268, Government Code. 

§ 370.26. Replacement Housing Payments — Mobile 
Homes. 

(a) The owner-occupant of a mobile home and site who purchases 
both a replacement dwelling and site shall be provided a replacement 
housing payment in accordance with Sections 370.17 or 370.19, as ap- 
propriate. If the owner-occupant rents both a replacement dwelling and 
site, he shall be provided a payment in accordance with Sections 370. 1 8 
or 370.20, as appropriate. 

(b) The owner-occupant of a mobile home and site who purchases a 
replacement dwelling and rents a replacement site shall be provided a 
payment in accordance with Sections 370.17 and 370.18. The payment 
shall be limited to the lesser of: 

( 1 ) The amount as determined by the Department as necessary to pur- 
chase a conventional replacement dwelling; and 

(2) The amount as determined by the Department as necessary to pur- 
chase a replacement mobile home (in accordance with Section 370.17) 
plus the amount necessary to rent a replacement site (in accordance with 
Section 370.18) to a maximum of $15,000. 

(3) If an owner-occupant for over 90 days but less than 180 days, the 
owner-occupant of a mobile home would only be eligible for payments 
provided by Sections 370.19 or 370.20 to a maximum of $4,000. 



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(c) The owner-occupant who owns a site from which he moves a mo- 
bile home shall be provided a replacement housing payment under Sec- 
tions 370. 1 7 or 370. 1 9 if he purchases a replacement site and under Sec- 
tions 370. 1 8 or 370.20 if he rents a replacement site. 

(d) The owner-occupant of a mobile home which is acquired and who 
rents the acquired site shall be provided payment as follows: 

( 1 ) If a mobile home is not available, the amount required to purchase 
a conventional replacement dwelling (in accordance with Section 
370.17); and 

(2) The amount necessary to purchase a replacement mobile home (in 
accordance with Section 370.17) plus the amount necessary to lease, rent, 
or make a downpayment on a replacement site (in accordance with Sec- 
tions 370.18 and 370.19) to a maximum of $15,000. 

(3) If an owner-occupant of a mobile home for more than 90 days but 
less than 180 days, the owner-occupant shall only be eligible for pay- 
ments provided by Sections 370.19 or 370.20, to a maximum of $4,000. 

(4) If he elects to rent a replacement mobile home and site, the amount 
required to do so in accordance with Section 370. 1 8. 

(e) The tenant-occupant who rents a mobile home and site shall be 
provided payments in accordance with Sections 370.21 and 370.22. 

(0 Similar principles shall be applied to other possible combinations 
of ownership and tenancy upon which a claim for payment might be 
based. 

NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section 
7268, Government Code. 

§ 370.27. Housing Provided As a Last Resort — General. 

(a) When it is determined that adequate replacement housing is not 
available, or cannot otherwise be made available, the Department shall 
take steps to provide comparable replacement housing. Such steps shall 
include, but not be limited to, the following: 

(1) Provide for payments over and above the limits established in this 
chapter which will put the comparable replacement housing that is avail- 
able within the financial means of the displacees. Under no circum- 
stances will a rental subsidy exceed a period of 48 months. 

(2) Provide for the purchase or construction of comparable replace- 
ment housing which can be made available to the displacee, within his 
financial means and reasonably accessible to his place of employment. 
NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section 
7268, Government Code. 

§ 370.28. Temporary Moves for Rehabilitation. 

(a) If temporary displacement is required because of a program of resi- 
dential rehabilitation the occupants displaced may be provided at State 
expense with the following: 

(1) Temporary housing in motels or apartments. Displacee shall con- 
tinue to be liable for payment of rent on the unit from which they have 
been temporarily displaced. 

(2) Transportation of displacees. 

(3) Moving of personal property. 

(4) Storage of personal property. 

(5) Gas and electricity in temporary residence. 

(6) Telephone transfers. 

(7) If displacees are moved from housekeeping units to accommoda- 
tions without kitchens, meals shall be provided. The Department may 
contract with restaurants, or at its option the Department may provide a 
meal allowance of $12.00 per day for each displacee. The meal allow- 
ance may be paid in advance when deemed appropriate by the Depart- 
ment. 

NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section 
7268, Government Code. 

Article 3. Acquisition Policies 

§ 370.40. General. 

The provisions of the Relocation Assistance and Real Property Acqui- 
sition Guidelines of the State of California, Department of Housing and 



Community Development, regarding acquisition policies (California 
Administrative Code, Title 25. Chapter 6, Article 6) are hereby incorpo- 
rated. 

NOTE; Authority cited: Section 7267.8, Government Code. Reference: Section 
7268, Government Code. 

Chapter 1 .7. Selection Process for Private 

Architectural, Landscape Architectural, 

Engineering, Environmental, Land 

Surveying, and Construction Project 

Management Firms 



Article 1. General Provisions 

§ 380. Purpose and Scope. 

The purpose of these regulations is to establish those procedures au- 
thorized and required by legal enactments, including the following: 

— Chapter 1434 of the Statutes of 1974, as amended, which added 
Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of 
the Government Code. 

— Initiative Measure of 2000 (Proposition 35, § 4, approved Novem- 
ber 7, 2000, effective November 8, 2000), which added Chapter 10.1 
(commencing with Section 4529.10) of Division 5 of Title 1 of the Gov- 
ernment Code. 

— Article XXII of the California Constitution, Article XXII, which 
was added by Initiative Measure (Proposition 35, § 4, effective Novem- 
ber 8, 2000, approved November 7, 2000), and amended the California 
Constitution. 

Such procedures shall require the securing of services covered under 
Chapter 10 and Chapter 10. 1 , Title 1 , Division 5 of the Government Code 
on the basis of demonstrated competence and on the professional qualifi- 
cations necessary for the satisfactory performance of the services re- 
quired. 

The Department of Water Resources is authorized to contract with 
qualified firms, as described in Government Code Section 4525(a), for 
the services listed in Government Code Section 4525(d), 4525(e), and 
4525(f). 

The regulations in this chapter are intended to be broad enough to en- 
compass all matters needed for the Department of Water Resources to 
carry out its mission, which includes the duty to manage the water re- 
sources of California in cooperation with other agencies, to benefit the 
State's people, and to protect, restore, and enhance the natural and human 
environments, and to fulfill its statutory mandates. 
NOTE: Authority cited: Section 4526, Government Code. Reference: Sections 
4526 and 4529.10, Government Code. 

History 

1. New Subchapter 1.6., Articles 1 and 2 (§§380-390) fded 3-18-76; effective 
thirtieth day thereafter (Register 76, No. 12). 

2. Renumbering of Subchapter 1 .6 (Articles 1-2, Sections 380- 390) to Subchapter 
1.7 filed 1-18-79; effective thirtieth day thereafter (Register 80. No. 3). 

3. Amendment of NOTE filed 10-14-82; effective thirtieth day thereafter (Regis- 
ter 82, No. 42). 

4. Amendment of chapter heading and amendment of section and NoTh filed 
7-6-2004; operative 8-5-2004 (Register 2004, No. 28). 

§381. Definitions. 

As used in these regulations: 

(a) The term "architectural and engineering (hereafter "A&E") ser- 
vices" shall include all architectural, landscape architectural, environ- 
mental, engineering, land surveying, and construcfion project manage- 
ment services, as well as incidental services that members of these 
professions and those in their employ may logically or justifiably per- 
form, including permitfing and environmental studies, rights-of-way 
services, design phase services, construcfion phase services, public out- 
reach and meeting facifitation related to the foregoing. "A&E services" 
shall not include legal services rendered to the Department, provided that 



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§381.1 



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nothing in tliese regulations shall prevent an A&E contractor from con- 
sulting legal counsel and including the fees as part of its reasonable over- 
head. 

(b) "Department" and "DWR" mean the Department of Water Re- 
sources. 

(c) "Director" is the Director of the Department of Water Resources 
or any person delegated by the Director to act on the behalf of the Direc- 
tor. 

(d) "Firm" means any individual, firm, partnership, corporation, 
association, or other legal entity permitted by law to practice the profes- 
sions of architecture, landscape architecture, engineering, environmental 
services, land surveying, or construction project management. 

(e) "Project" includes a project as defmed in Section 1 1 03 of the Pub- 
lic Contract Code, or as defined in Public Resources Code Section 2 1 065. 
Project shall also include any or all of the State Water Project, the Sacra- 
mento River Flood Control Project, any authorized Hood control project 
pursuant to Water Code Section 1 2570 et seq., and any dam subject to the 
jurisdiction of the Department pursuant to Water Code Section 6000 et 
seq. "Project" also includes "'services"' which relate to public works of 
improvement or other similar Department needs. "Services" shall mean 
any activity described in Section 381(a) including incidental or ancillary 
services typically, logically or justifiably performed in connection there- 
with. Such incidental services may include educational, instructional, 
training, and public outreach services, providing workshops, making 
presentations and facilitating meetings. Furthermore, "project" means 
the nature or scope of work being solicited as defined by a statewide an- 
nouncement and/or Request for Qualifications. 

(f) "RFQ" is an acronym for Request for Qualifications, the solicita- 
tion document used to request a Statement of Qualifications of firms that 
perform A&E services. 

(g) "Small business" firm is a firm certified as a "small business" in 
accordance with Section 14837 of the Government Code. 

(h) "SOQ" is an acronym for Statement of Qualifications, the response 
to an RFQ or annual announcement submitted by firms that perform 
A&E services. 

NOTE: Authority cited: Section 4526, Government Code. Reference: Sections 
4525. 4526, 4527 and 4529.10, Government Code. 

History 

1 . Amendment filed 1 0-14-82; effective thirtieth day thereafter (Register 82. No. 
42). 

2. Amendment of section and Note filed 7-6-2004; operative 8-5-2004 (Reeister 
2004, No. 28). 

§ 381 .1 . Announcements for Statement of Qualifications 
and Performance Data. 

On an annual basis, or more or less frequently as needed by the Depart- 
ment, the Director may request SOQs for specified A&E services by sta- 
tewide announcement as provided in Section 384 of these regulations. 
This announcement must, at a minimum, include a description of the 
project or proposed services, a Department contact, and the date, time 
and location for submission of SOQs. The announcements may also iden- 
tify the criteria upon which the award will be made. The statewide an- 
nouncement shall be made through publications of the respective profes- 
sional societies. 

NOTE: Authority cited: Section 4526, Government Code. Reference: Section 
4527, Government Code. 

History 

1. New section filed 7-6-2004; operafive 8-5-2004 (Register 2004, No. 28). 



Article 2. Specific Provisions 

§ 382. Establishment of Criteria. 

The Director shall establish criteria which will comprise the basis for 
selection for each project or proposed services. The criteria shall include 
such factors as professional excellence, demonstrated competence, spe- 
cialized experience of the firm, education and experience of key person- 



nel to be assigned, staff capability, workload, ability to meet schedules, 
nature and quality of completed work, reliability and continuity of the 
firm and/or subcontractors, location, or other considerations deemed 
relevant. Such factors shall be weighted by the Director according to the 
nature of the project or proposed services, the needs of the State and com- 
plexity and special requirements of the specific project or proposed ser- 
vices. 

NOTE: Authority cited: Section 4526. Government Code. Reference: Sections 
4526 and 4529.12. Government Code. 

History 

1. Amendment of NOTE filed 10-14-82; effective thirtieth day thereafter (Regis- 
ter 82, No. 42). 

2. Amendment of section and Noth filed 7-6-2004; operafive 8-5-2004 (Reaister 
2004. No. 28). 

§ 383. Estimate of Value of Services. 

Before any discussion with any firm concerning fees may take place, 
the Director shall cause an estimate of the value of such services to be pre- 
pared. This estimate may be based on such factors as a market survey, 
comparison with fees paid to other departments' or agencies' contractors 
for similar services, or comparison with the salaries of comparable posi- 
tions within the Department, within State service, or within other govern- 
mental entities. This estimate shall serve as a guide in determining fair 
and reasonable compensation for the services rendered. Such estimate 
shall be, and remain, confidential until approval of contract or abandon- 
ment of any further procedure for the services to which it relates. At any 
time the Director determines the State's estimates to be unrealistic due 
to rising costs, special conditions, or for other relevant considerations, 
the estimate shall be reevaluated and modified if necessary. 
NOTE; Authority cited: Section 4526, Government Code. Reference: Sections 
4526, 4528 and 4529.12, Government Code. 

History 

1 . Amendment of NOTE filed 10-14-82; effecfive thirtieth dav thereafter (Regis- 
ter 82, No. 42). 

2. Amendment of section and Note filed 7-6-2004; operafive 8-5-2004 (Register 
2004, No. 28). 

§ 384. Request for Qualifications — Publication of 
Announcement. 

(a) Where a project or Department need requires A&E services, the 
Department may make a statewide announcement through the publica- 
tions of the respective professional societies, in a construction trade jour- 
nal, or publicize the requirements for services in other appropriate publi- 
cations. 

The Department may also or as an alternative selectively advertise to 
reach providers of services witliin the appropriate trade or profession by 
publishing the announcement through electronic communications media 
which support bulletin boards or Internet web sites that have demon- 
strated statewide accessibility and are regularly maintained at established 
addresses by professional organizations which are representative of the 
services to be procured. 

Failure of any professional society or construction trade journal to 
publish the announcement shall not invalidate any contract. 

(b) The announcement shall include information describing the proj- 
ect or services, a Department contact for obtaining RFQs and the due 
date, time and location for submission of SOQs. The announcement may 
also identify the criteria upon which the award will be made. The an- 
nouncement shall be statewide and shall be made through publications 
of the respective professional societies. 

(c) The Director shall endeavor to provide to all small business firms 
that have indicated an interest in receiving such, a copy of each an- 
nouncement for work, projects or services for which the Director con- 
cludes that small business firms could be especially qualified. A failure 
of the Director to send a copy of an announcement to any firm shall not 
operate to preclude any contract. 

(d) If the Department has received at least three SOQs from qualified 
firms through the announcement issue pursuant to Secfion 38 1 . 1 , the Di- 
rector may waive the statewide announcement required in subdivision (a) 
of this section. 



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Title 23 



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§390 



(e) The Director shall disseminate RFQs to those firms responding to 
the announcement and to qualified firms providing SOQs pursuant to 
Section 381.1. The RFQs shall include a description of the project, the 
criteria upon which the award shall be made, the due date, SOQ submis- 
sion and contract requirements. The RFQs may also provide for the 
award of multiple contracts if the selection procedure is sufficiently de- 
scribed in the RFQ and the award otherwise complies with the provisions 
of this subchapter. 

NOTE: Authority cited: Section 4526. GovenimenI Code. Reference: Sections 
4526, 4527 and 4529.5, Government Code. 

History 

1 . Amendment filed 10-14-82; effective thirtieth day thereafter (Register 82, No. 

42). 

2. Amendment of section heading, section and Noth filed 7-6-2004; operative 
8-5-2004 (Register 2004, No, 28). 



§ 385. Selection Process. 

After expiration of the period stated in the announcement prescribed 
in Section 384, the Director shall evaluate statements of qualifications 
and performance data that have been submitted to the Department. Dis- 
cussions shall be conducted with no less than three firms regarding the 
required service. Where three firms cannot be found that could provide 
the required service, a full explanation including names and addresses of 
firms and individuals requested to submit qualificafions must be entered 
in the files. From the firms with which discussions are held, the Director 
shall select no less than three, in order of preference, based upon the es- 
tablished and published criteria, that are deemed to be the most highly 
qualified to provide the services required. 

NOTE: Authority cited: Section 4526, Government Code. Reference: Sections 
4526, 4527 and 4529.12, Government Code. 

History 

1 . Amendment of NOTE filed 1 0-1 4-82; effective thirtieth day thereafter (Regis- 
ter 82, No. 42). 

2. Amendment of section heading, section and Note filed 7-6-2004; operative 
8-5-2004 (Register 2004, No. 28). 



§ 386. Negotiation. 

The Director shall attempt to negofiate a contract with the most highly 
qualified firm. In negotiating fees and execufing a contract, the procedure 
described in Secrion 6106 of the Public Contract Code shall be followed. 
When the Director is unable to negotiate a satisfactory contract with this 
firm with fair and reasonable compensafion provisions as determined by 
the procedure set forth in Section 383, negofiafions shall be terminated. 
The Director may then undertake negofiations with the second most qual- 
ified firm on the same basis. Failing accord, negofiations shall be termi- 
nated. The Director may then undertake negofiafions with the third most 
qualified firm on the same basis. Failing accord, negofiafions shall be ter- 
minated. Should the Director be unable to negofiate a satisfactory con- 
tract at fair and reasonable compensafion with any of the selected firms, 
additional firms may be selected in the manner prescribed and the negoti- 
ation procedure continued. 

NOTE: Authority cited: SecUon 4526, Government Code. Reference: Sections 
4526, 4526.5, 4527 and 4528, Government Code. 

History 

1 . Amendment filed 10-14-82; effective thirtieth day thereafter (Register 82, No. 

42). 

2. Amendment of section and Note filed 7-6-2004; operative 8-5-2004 (Register 
2004, No. 28). 



§ 386.1 . Length of Agreements. 

Firms selected may be retained for up to one year or longer if needed 

to complete the project or the services. 

NOTE; Authority cited; Section 4526, Government Code. Reference: Section 
4528 Government Code. 

History 
1. New section filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28). 



§ 387. Amendments. 

Where the Director determines that a change in the contract is neces- 
sary during the performance of the services, the parties may. by mutual 
consent, in writing, agree to modifications, additions or deletions in the 
general terms, conditions and specifications for the services involved, in- 
cluding extensions of time, with a reasonable adjustment in the firm's 
compensation. 

NOTE: Authority cited: Section 4526, Government Code. Reference: Sections 
4526, 4528 and 4529.12, Government Code. 

History 

1. Amendment filed 10-14-82; effective thirtieth day thereafter (Register 82, No. 

42). 

2. Amendment of section and Note filed 7-6-2004; operative 8-5-2004 (Register 
2004, No. 28). 

§ 388. Alternative Contract Procedures. 

(a) Contracting in Phases. Should the Director determine that it is nec- 
essary or desirable to have a given project or set of services performed 
in phases, it will not be necessary to negotiate the total contract price or 
compensafion provisions in the initial instance, provided that the Direc- 
tor shall have determined that the firm is best qualified to perform the 
whole project at a fair and reasonable cost, and the contract contains pro- 
visions that the State, at its option, may utilize the firm for other phases 
and that the firm will accept a fair and reasonable price for subsequent 
phases to be later negotiated and reflected in a subsequent writien instru- 
ment. The procedure with regard to estimates and negotiation shall other- 
wise be applicable, i.e., in all other respects 'Contracts in Phases' must 
comply with Chapter 1 and Chapter 10.1, Titie 1 , Division 5 of the Gov- 
ernment Code. 

(b) Retainer Agreements. The Department may identify the general 
need for A&E services to assist in its overall mission and may enter into 
contracts for such services through a retainer agreement. Retainer agree- 
ments will provide a process for the development and execution of task 
orders for defined A&E work. Rates for such work shall be specified in 
a rate schedule to be attached to the original contract provided that rates 
may be modified and categories of work added by mutual agreement of 
the parties. Retainer agreements must comply with Chapter 10 and Chap- 
ter 10.1, Title 1, Division 5 of the Government Code. 

NOTE; Authority cited: Section 4526, Government Code. Reference: Sections 
4526 Government Code; Article XXII, California Constitution, Section 1. 

History 

1 . Amendment filed 10-14-82; effective thirtieth day thereafter (Register 82, No. 

42). 

2. Repealer and new section heading, section and Note filed 7-6-2004; operative 
8-5-2004 (Register 2004, No. 28). 

§ 389. Director's Power to Require Bids. 

Where the Director determines that the services needed are technical 
in nature and involve little professional judgment and that requiring bids 
would be in the public interest, a contract may be awarded on the basis 
of bids rather than by following the foregoing procedures for requesting 
qualifications and negotiation. 

NotE: Authority cited: Section 4526, Government Code. Reference: Section 
4529, Government Code; Article XXII, California Constitution, Section 1 . 

History 

1. Amendment of NOTE filed 10-14-82; effective thirtieth day thereafter (Regis- 
ter 82, No. 42). 

2. Amendment of section and Note filed 7-6-2004; operative 8-5-2004 (Register 
2004, No. 28). 

§ 390. Exclusions. 

The provisions of this subchapter shall not apply to service agreements 
for architects or engineers engaged to provide consulting services on spe- 
cific problems on projects where the architectural and engineering work 
is being performed by State of California Civil Service employees, nor 
to service agreements for the services of recognized experts retained as 
members of advisory boards. 

NOTE: Authority cited: Section 426, Government Code. Reference: Sections 
4525-4529, Government Code. 



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§391 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



History 
1 . Amendment of NOTK filed 1 0-14-82; effective thirtieth day thereafter (Regis- 
ter 82, No. 42). 

§ 391 . Prohibited Practices and Conflict of Interest. 

(a) Practices which might result in unlawful activity, including but not 
limited to rebates, kickbacks, or other unlawful consideration are strictly 
prohibited. The Department shall require a contract entered into pursuant 
to this chapter to include a provision in which the firm represents that the 
contract was not obtained through rebates, kickbacks, or other unlawful 
considerations either promised or paid to a DWR employee. In addition 
to any other applicable legal proscriptions, failure to adhere to the repre- 
sentation may be cause for contract termination and recovery of damages 
under the rights and remedies due the Department under the default pro- 
vision of the contract. 

(b) A DWR employee shall not participate in the selection process if 
the employee has a relationship, as specified in Section 87 1 00 of the Gov- 
ernment Code, with a firm seeking a contract subject to this chapter. 

(c) Nothing in this chapter shall be construed to abridge the obligation 
of the Department or the firm to comply with all laws regarding political 
contributions, conflicts of interest, or unlawful activities. 

Note; Authority cited: Section 4526, Government Code. Reference: Sections 
4526, 4527 and 4529.12, Government Code. 

History 

1. New section filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28). For 
prior history, see Register 85, No. 36. 



Chapter 1.8. Residential Water 
Conservation Tax Credit 

History 

1. New Subchapter 1.8 (Sections 391-394) filed 7-23-81; effective thirtieth day 
thereafter (Register 81, No. 30). 

2. Repealer of Subchapter 1.8 (Sections 391-394) filed 9-5-85; effective thirtieth 
day thereafter (Register 85, No. 36). 



Chapter 1.9. Minority and Women Business 

Enterprise Program for Department State 

Contract Act Contracts 

§ 392. Definitions. 

This Chapter shall apply to the Department's award of contracts under 
the State Contract Act, PubHc Contract Code Sections 10100 et seq. 
As used in these regulations: 

(a) "Department" is the Department of Water Resources. 

(b) "Minority" shall have the meaning set forth in Section 101 15.1 of 
the Public Contract Code. 

(c) "MAVBE" means minority business enterprise and or women busi- 
ness enterprise. 

(d) Tlie terms "minority business enterprise" ("MBE") and "women 
business enterprise" ("WBE"), shall have the respective meanings set 
forth in Section 10115.1 of the Public Contract Code. 

(e) "Contract" shall mean public works contracts as defined in Section 
1101 of the Public Contract Code which are awarded by the Department 
pursuant to the State Contract Act, Public Contract Code Sections 10100 
et seq. 

NOTE: Authority cited: Section 10115.3, Public Contract Code. Reference: Sec- 
tions 10115.1 and 10115.2, Public Contract Code. 

History 

1. New chapter 1.9 and section filed 10-30-92; operative 10-3-92 (Register 92, 

No. 44). 

§ 393. Minority and Women Business Enterprise Bid 
Requirements. 

Bidders shall either (1) meet the MAVBE goals as set forth in Section 
101 15 of the Pubhc Contract Code and specified in the bid package re- 
leased by the Department, and shall provide within the time frames speci- 
fied in the bidding requirements the names of their MAVBE subcontrac- 



tors and suppliers of services, material and equipinent, together with 
certification of their MAVBE status as described in Section 393(a) and 
their indicated dollar participation, or (2) provide within the time frames 
specified in the bidding requirements the required documentation dem- 
onstrating that they have made a good faith effort as described in Section 
393(b) to meet the specified goals. 

(a) Certification that a firm meets the definition of a MAVBE pursuant 
to Sections 101 15.1(e) and 101 15.1(f) of the Public Contract Code shall 
be accepted when completed by federal, state or local agencies desig- 
nated by the Department as acceptable for issuing such certification veri- 
fying that a specific firm is a MAVBE. These agencies shall include but 
not be limited to: 

( 1 ) State Department of Transportation 

(2) U.S. Small Business Adininistration 

(b) A bidder shall be considered to have made a good faith effort upon 
showing, within the time limits specified in the bidding requirements, to 
the satisfaction of the Department, that the requirements set forth in Sec- 
tion 101 15.2(b) of the Public Contract Code or any other requirements 
described in the bidding requirements were met. 

NOTE: Authority cited: Section 101 15.3, Public Contract Code. Reference: Sec- 
tion 101 15.2(c), PubHc Contract Code. 

History 

1. New section filed 10-30-92; operative 10-30-92 (Register 92, No. 44). 

§ 394. Applicability. 

The Department may exempt the application of these regulations to 
specified contracts pursuant to Section 101 15.2(c) of the Public Contract 
Code. 

Note: Authority cited: Section 10115. 3, Public Contract Code. Reference: Sec- 
tions 101 15.1 and 101 15.2, Public Contract Code. 

History 

1. New section filed 10-30-92; operadve 10-30-92 (Register 92, No. 44). 



Chapter 2. 



Financial Assistance for Local 
Projects 



Article 1. General Provisions 

§ 400. Definitions. 

As used in these regulations, the terms listed below shall have the 
meanings noted: 

(a) "Department," "project" and "public agency" shall have the mean- 
ing given in Water Code Sections 22, 1 288 1 .2(a) and 1 288 1 .2(b), respec- 
tively. 

(b) Governing Body. "Governing body" shall mean the body which is 
empowered by law to govern the business of a public agency. 

(c) Act. "Act" shall mean the Davis-Grunsky Act as set forth in Chap- 
ter 5 (commencing with Section 12880) of Part 6 of Division 6 of the Wa- 
ter Code, and any and all amendments which may hereafter be made 
thereto. 

(d) Applicant. "Applicant" shall mean any public agency applying for 
financial assistance under the Davis-Grunsky Act. 

Note: Authority cited: Section 12890, Water Code. Reference: Section 12881.2, 
Water Code. 

History 

1. New Subchapter 2 (§§400, 405, 406, 407, 41 1 through 416, 420 through 426, 
431 and 432) filed 1 1-1 2-59; effective thirtieth day thereafter (Register 59, No. 
19). 

2. Amendment of subsection (b) filed 4-13-73; effecfive thirtieth day thereafter 
(Register 73, No. 15). 

3. Amendment filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 
31). 

§ 405. Purposes and Effect of Regulations. 

These regulations are adopted for the purpose of carrying out the pro- 
visions of the Davis-Grunsky Act. 

NOTE: Authority cited: Section 12890, Water Code. Reference: Secdons 12880 
et seq.. Water Code. 



Page 26 



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Title 23 



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§420 



History 

1. Amendment filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 
31). 

§ 406. Official Records. 

History 
1 . Repealer filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31). 

§ 407. Filing Fees. 

No filing fee is required to accompany any request for a preliminary 

determination of eligibility or any application for assistance under the 

act. 

NOTE: Authority cited; Section 12890, Water Code. Reference: Section 12882, 
Water Code. 

History 
1. New NOTE filed 7-25-83; effective thiitieth day thereafter (Register 83, No. 

31). 



Article 2. Request for Preliminary 

Determination of Eligibility for a Project 

Construction Loan or Grant 

§ 41 1 . Form of Request for Preliminary Determination of 
Eligibility. 

Applicants for a loan or grant under the act for the construction of a 
proposed project shall file with the department a request for a preliminary 
determination of eligibility in duplicate on a form provided by the depart- 
ment. 

NOTE: Authority cited; Section 12890, Water Code. Reference; Section 12882, 
Water Code. 

History 

1 . Amendment filed 12-22-61 ; effecfive thirtieth day thereafter (Register 61, No. 
26). 

2. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 
31). 

§ 412. Material to Accompany Request. 

Each request that is filed with the department shall be accompanied by 
duplicate copies of the following material: 

(a) A resolution by the governing body authorizing the filing of the re- 
quest, and designating a representative authorized to act on behalf of the 
applicant. 

(b) A generalized sketch of the proposed project on a U.S. Geological 
Survey quadrangle map or on any other suitable and readily available 
map. 

(c) Applicant's most recent financial statement. 

(d) Such other material as the department may require. 

NOTE: Authority cited; Section 12890, Water Code. Reference; Section 12882, 
Water Code. 

History 
1. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 
31). 

§ 413. Omissions in Request for Preliminary Determination 
of Eligibility. 

If a request for a preliminary determination of eligibility submitted to 
the department is not complete, or if additional information is required, 
the department will notify the public agency in what respect the request 
is incomplete. If the request is not completed within 60 days after notice 
that the request is incomplete, unless the department extends this time for 
good cause shown, the department will return the request to the public 
agency without making any finding as to eUgibility and without prejudice 
to the submission of a new request at any future time. 
NOTE: Authority cited; Section 12890, Water Code. Reference; Section 12882, 
Water Code. 

History 
I. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 

31). 



§ 414. Review by Department. 

Upon receipt of a properly completed request, the department will re- 
view it forthwith and will make preliminary findings regarding eligibility 
as to type of agency, type of project, purposes of project, conforinance 
with The California Water Plan, statewide interest, and, when a loan is 
proposed, the reasonable ability of the applicant to finance from other 
sources. 

NOTE: Authority cited; Section 12890, Water Code. Reference; Section 12882, 
Water Code. 

History 

1. New NOTE filed 7-25-83; effecfive thirtieth day thereafter (Register 83. No. 
31). 

§ 41 5. Notice to Applicants. 

After a review of a request, the department will notify the applicant of 
the department's preliminary findings. Such findings shall be solely for 
the information and guidance of the applicant in determining whether or 
not it wishes to proceed with an application. 

NOTE: Authority cited: Section 12890, Water Code. Reference; Section 12882. 
Water Code. 

History 
1. New NOTE filed 7-25-83; effecfive thirtieth day thereafter (Register 83, No. 

31). 

§ 41 6. Time to Complete Applications. 

Upon notice by the department to a public agency of its findings on a 
request for preliminary determination of eligibility, the public agency 
will be given a period of one year to complete an application, as set forth 
in Article 3. If an application is not completed within one year, or within 
such addirional time as the department may grant for good cause shown, 
then a new request for preliminary determination of eligibility must be 
filed with the department. 

NOTE: Authority cited; Section 12890, Water Code. Reference; Section 12882, 
Water Code. 

History 
1. New NOTE filed 7-25-83; effecfive thirtieth day thereafter (Register 83, No. 

31). 



Article 3. Application for a Project 

Construction Loan or Grant or Facilities 

Grant 

§ 420. Form of Application. 

AppHcants for a loan and applicants for a grant under the Act for the 
constmction of a proposed project, and applicants for a grant under the 
Act for the construction of initial water supply and sanitary facilities, 
shall also file with the Department an application in writing which shall 
contain a specific request for each type of assistance applied for in a spe- 
cified amount. Such application may be in the form of a letter and shall 
be accompanied by twenty-five (25) copies of a feasibility report on the 
applicant's proposed project and by a resolution by the governing body 
of the applicant adopting the feasibility report and specifically authoriz- 
ing the filing of the application by a designated representative who is to 
represent the applicant until final action is taken by the Department on 
the application. Feasibility reports shall be prepared at the expense of the 
applicant, under the direction of a licensed civil engineer, except that 
where an applicant for a loan for an irrigation distribution system project 
or a municipal distribution system project has no engineer, the feasibility 
report may be prepared by or under the direction of, the county surveyor, 
road commissioner or comparable officer of a county in which the appli- 
cant is located, in whole or part. Applicants shall obtain a determination 
from the Department before filing an application whether feasibility re- 
ports shall include reports prepared by financial consultants, economists, 
recreation planners, or by consultants in other special fields. Supporting 
material with respect to the ability of a public agency to repay a loan and 
with respect to the reasonable ability of the public agency to finance all 
or part of the proposed project from other sources may be supplied by the 
county assessor or the county engineer. 



Page 26.1 



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§ 420.1 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



In addition to the above, applications for loans for irrigation or munici- 
pal distribution system projects which involve extreme hardship which 
jeopardizes the public health, safety or welfare shall describe, generally, 
such extreme hardship existing with respect to the water supply, the fi- 
nancial and economic conditions existing in the area, and the proposed 
project, and shall be accompanied by: 

(a) A report by the assessor of the local agency with respect to assessed 
valuation and tax delinquencies. 

(b) In cases involving a health hazard with respect to the domestic wa- 
ter supply, a report by the local health officer or by the Department of 
Public Health with respect to such health hazard. 

NOTE: Authority cited: Section 12890, Water Code. Reference: Section 12882, 
Water Code. 

History 

1 . Amendment filed 12-22-61 ; effective thirtieth day thereafter (Register 61, No. 
26). 

2. Amendment filed 12-20-63: effective thirtieth day thereafter (Register 63, No. 
25). 



3. Amendment filed 4-13-73; effective thirtieth day thereafter (Register 73, No. 
13). 

4. New NOTE filed 7-25-83: effective thirtieth day thereafter (Register 83, No. 
31). 



§ 420.1 . Time of Filing Application for Facilities Grant. 

Applicants for a grant under the act for the construction of initial water 
supply and sanitary facilities shall file an application for such assistance 
at the same time an application is filed for a grant for the construction of 
a proposed project. 

NOTK: Authority cited: Section 12890, Water Code. Reference: Section 12882, 
Water Code. 

History 

1 . New section filed 1 2-20-63; effective thirtieth day thereafter (Register 63, No. 

25). 

2. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 
31). 



[The next page is 27. 



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Register 2004, No. 28; 7-9-2004 



Title 23 



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§427 



§ 421 . Contents of Feasibility Report. 

The feasibility report should contain sufficient information and data 
to demonstrate that the proposed project is engineeringly feasible, eco- 
nomically justified, and financially sound. The amount of detailed infor- 
mation required in the feasibility report will vary with the type, purpose, 
and complexity of the project. In each case, the department will advise 
the applicant regarding the nature and scope of the information and stu- 
dies which should be contained in the feasibility report. The department 
will also advise the applicant of the criteria it will use to evaluate the engi- 
neering, economic, and financial aspects of the project. In general, feasi- 
bility reports shall contain the following: 

(a) A general description of the project plan, purpose, and accomplish- 
ments, with a map showing the project features and service area. 

(b) Studies of water resources and water requirements, including proj- 
ect operational studies demonstrating the accomplishments of the proj- 
ect. 

(c) Status of water rights necessary for operation of the project. 

(d) Preliminary designs and cost estimates of the project features in 
sufficient detail to establish probable cost of the project. Estimates of an- 
nual costs of operation and maintenance should also be included. 

(e) Economic studies to establish the benefits and economic justifica- 
tion of the project. 

(f) An allocation of costs among the purposes of the project, if the proj- 
ect has more than one purpose. 

(g) Financial studies indicating the proposed method of financing, 
sources of revenue, and repayment schedule. 

(h) A construction schedule and an estimate of the amount of state 
funds required each year. 

(i) Environmental documents prepared and submitted pursuant to Title 
14, Division 6, Chapter 3 (Register 78, No. 5) and Title 23, Chapter 2, 
Subchapter 3 of this Code. 

(j) Such other information as the Department may require. 
NOTE; Authority cited; Section 21082, Public Resources Code; Section 12890, 
Water Code. Reference: Sections 21069, 21150, 21153, Public Resources Code; 
Sections 12882-12882.5, Water Code. 

History 

1. Amendment of subsection (i) and new subsection (j) filed 4-13-73; effective 
thirtieth day thereafter (Register 73, No. 15). 

2. Amendment of subsection (i) filed 1-25-79; effective thirtieth day thereafter 
(Register 79, No. 4). 

§ 422. Omissions in Application. 

If an application submitted to the Department is not complete, or if ad- 
ditional information is required, the Department will notify the applicant 
in what respect the application is incomplete. If the application is not 
completed within 90 days after the notice that the application is incom- 
plete, unless the Department extends this time for good cause shown, the 
Department will return the application to the applicant without making 
any findings on the application and without prejudice to the submission 
of a new application at any future time. 

NOTE; Authority cited: Section 12890, Water Code. Reference: Section 12882, 
Water Code. 

History 

1. Amendment filed 4-13-73; effective thirtieth day thereafter (Register 73, No. 
15). 

2. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 

31). 

§ 423. Use of Department's Data. 

Any pertinent data in the files of the department will be made available 
to applicants for use in preparing applications and feasibility reports. 
Such data will be furnished free of charge except for costs of reproduc- 
tion. If the proposed project has been reported on by the department, the 
report may be used by the applicant and supplemented by such additional 
information as may be necessary to complete the application. 



NOTE: Authority cited: Section 12890, Water Code. Reference: Section 12882, 
Water Code. 

History 

1. New NOTE filed 7-25-83; effective thirtieth day thereafter (Resister 83, No. 
31). 

§ 424. Review and Report by the Department. 

(a) The Department shall review any application and environmental 
document submitted to it pursuant to Title 14, Section 15146 of this 
Code. (Register 78, No. 5). 

(b) The Department shall then prepare a report containing its findings 
and recommendations with respect to the application and will file said re- 
port with the State Legislature. 

(c) The Department shall furnish the applicant with copies of the re- 
port. 

NOTE: Authority cited: Secdon 21082, PubHc Resources Code; Section 12890, 
Water Code. Reference: Sections 21002, 21002.1, and 21 150, Public Resources 
Code; Section 12882.4, Water Code. 

History 

1. Amendment filed 4-13-73; effective thirtieth day thereafter (Register 73, No. 
15). 

2. Amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 

4). 

§ 425. Submission to California Water Commission. 

The Department will submit all applications filed under this Arficle 3 
and the Department's reports thereon to the California Water Commis- 
sion for its approval before final action is taken by the Department. 
NOTE: Authority cited: Section 12890, Water Code. Reference: Section 12891.4, 
Water Code. 

History 

1 . Amendment filed 1 2-20-63; effecUve thirtieth day thereafter (Register 63, No. 
25). 

2. Amendment filed 4-13-73; effective thirtieth day thereafter (Register 73, No. 
15). 

3. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 
31). 

§ 426. Notice to Applicants. 

The department will notify each applicant of the official action taken 
by the department and by the California Water Commission with respect 
to the application. 

NOTE; Authority cited: Section 12890, Water Code. Reference: Section 12891.4, 
Water Code. 

History 
1. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 
31). 



Article 4. Applications for State 
Participation 

§ 427. Form and Filing of Application. 

Applications for state participation under Article 7 (commencing with 
Section 12886) of the Act shall be made to the Department by a public 
agency in the form of a letter stating the conditions under which the state 
participation is desired, accompanied by a resolution by the governing 
body of the applicant authorizing the filing of the application by a desig- 
nated representative who is to represent the applicant until final action is 
taken by the Department on the application. The applicant shall submit 
to the Department such additional information as the Department may re- 
quire to reach a decision in the particular case. 

Note: Authority cited: Section 12890, Water Code. Reference: Section 12886.4, 
Water Code. 

History 

1 . New section filed 12-20-63; effective thirtieth day thereafter (Register 63, No. 
25). 

2. Amendment filed 4-13-73; effective thirtieth day thereafter (Register 73, No. 
15). 

3. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 
31). 



Page 27 



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§431 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



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Article 5. Procedure Following Approval of 

a Project Construction Loan or Grant, or 

Facilities Grant, or State Participation 

§ 431 . Contract. 

State funds will not be advanced to any applicant pursuant to an ap- 
proved loan or grant until a contract between the applicant and the depart- 
ment setting forth terms and conditions of such loans or grants has been 
executed. 

NOTH: Authority cited: Section 12890, Water Code. Reference: Section 12887.2, 
Water Code. 

History 
1. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 

31). 

§ 432. Water Rights. 

The department will not execute a contract with any applicant for a 
loan or grant for the construction of a proposed project, or grant for the 
construction of initial water supply and sanitary facilities, or state partici- 
pation, until the applicant submits evidence satisfactory to the depart- 
ment that the applicant holds or can acquire water rights adequate to per- 
mit operation of the project as specified in the application. No funds shall 
be disbursed under the contract unless or until the applicant has or obtains 
a right or permit to appropriate the water required for operation of the 
project. 

NOTE; Authority cited: Section 12890, Water Code. Reference: Section 12882, 
Water Code. 

History 

1 . Amendment filed 12-22-61 ; effective thirtieth day thereafter (Register 61, No. 
26). 

2. Amendment filed 12-20-63; effective thiitieth day thereafter (Register 63, No. 
25). 

3. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 
31). 



Article 6. Application for Loan for 
Preparation of Feasibility Report 

§ 435. Feasibility Report. 

As used in this Article 5 of these regulations, "feasibility report" shall 
mean such report on the feasibility of a public agency's proposed project 
as the department may require the public agency to file with the depart- 
ment in support of an application by the public agency under the Act for 
a loan for the construction of the proposed project. 
NOTE: Authority cited: Section 12890, Water Code. Reference: Section 12882, 
Water Code. 

History 

1. New Article 5 (Sections 435, 436, 437) filed 12-22-61; effecdve thirtieth day 
thereafter (Register 61, No. 26). 

2. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 
31). 

§ 436. Form and Filing of Application. 

Applicants for a loan under the act for the preparation of a feasibility 
report on a proposed project shall file an application for the loan on a form 
provided by the department. Such application should be filed after receipt 
of a favorable written reply from the department on a written request for 
a preliminary determination of eligibility for a loan for the construction 
of the proposed project filed with the department by the applicant in ac- 
cordance with Article 2 of these regulations. The application shall be ac- 
companied by such additional information as the department may deter- 
mine is required to reach a decision in the particular case. 
Note: Authority cited: Section 12890, Water Code. Reference: Section 12882, 
Water Code. 

History 
1. New NOTE filed 7-25-83; effecdve thirtieth day thereafter (Register 83, No. 

31). 



§ 437. Other Applicable Provisions. 

The provisions of Sections422,423,424,425, and43 1 of these regula- 
tions shall also apply to applications for loans under the Act for the prepa- 
ration of feasibility reports. 

NOTE: Authority cited: Section 12890, Water Code. Reference: Section 12882, 
Water Code. 

History 

1. Amendment filed 4-13-73; effective thirtieth day thereafter (Register 73, No. 
15). 

2. New NOTE filed 7-25-83: effective thirtieth day thereafter (Resister 83, No. 
31). 



Article 8. Grant Standards 

§ 445. Eligible Recreation Activities. 

In calculating recreation benefits, the recreation activities that the De- 
partment will consider shall be limited to water-associated activities 
which take place in, on, or adjacent to the reservoir, and which entail di- 
rect enjoyment of the recreational values of the reservoir. The activities 
considered may include bathing, fishing, hunting, boating, water skiing, 
picnicking, and camping. 

Activities and facilities which the Department will not consider shall 
include, but not be hmited to, the following: hiking, riding, cycling, 
scientific-historic appreciation, swimming pools, swimming lagoons 
detached from reservoirs, athletic fields, amphitheaters, museums, zoos, 
nature study areas, stables, and golf courses. 

NOTE: Authority cited: Section 12890, Water Code; reference: Section 12884.2, 
Water Code. 

History 
1. New Article 8 (Sections 445 and 446) filed 1-17-68; effective thirtieth day 

thereafter (Register 68, No. 3). 

§ 446. Eligible Recreation Lands. 

NOTE: Authority cited: Section 12890, Water Code. Reference: Section 12884.2, 
Water Code. 

History 

1. New NOTE filed 7-25-83: effective thirtieth day thereafter (Register 83, No. 
31). 

2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 
1 1349.7; effecdve thirtieth day thereafter (Register 85, No. 26). 



Article 9. Application for Drought 
Emergency Loans 

NOTE: Authority cited for Article 9 (Sections 447-450, inclusive): Secdon 6078, 
Water Code. Reference: Section 12885.9, Water Code. 

History 

1 . New Article 9 (Secdons 447-450, inclusive) filed 9-3-76 as an emergency; ef- 
fective upon filing (Register 76, No. 36). 

2. Cerdficate of Compliance filed 12-27-76 (Register 77, No. 1). 

3. Repealer of Article 9 (Secdons 447-450) filed 7-25-83; effective thirtieth day 
thereafter (Register 83, No. 3 1 ). For prior history, see Registers 79, No. 4; 77, No. 
41;and77, No. 25. 



Chapter 2.2. 



Environmental Water Act of 
1989 



Article 1. General Provisions 

§449.1. Definitions. 

The words used in this chapter have the meanings provided in Water 
Code Section 12929.2 and set forth below: 

(a) "Act" means the Environmental Water Act of 1989 as set forth in 
Chapter 7.7 of Part 6 of Division 6 of the Water Code (commencing as 
Section 12929) and any amendments thereto. 

(b) "Applicant" means the agency or entity requesting a grant, loan, 
or combination of grant and loan under the Act. 



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Title 23 



Department of Water Resources 



§ 449.4 



(c) "Direct Expenditure" means costs incurred by the Department as 
a result ol' staff salary and overhead expenses associated with implement- 
ing and administering the Act and other costs incurred under the Act. 

(d) "Enhancement" means the process of improving upon current con- 
ditions, and may be used to describe a program that results in a specific 
area, such as a watershed, wetland, fisheries, or riparian area, gaining de- 
sired features. It is distinguishable from "restoration" in that it does not 
imply merely a return to natural conditions, but may include the provi- 
sion of other features that were not part of the area's natural conditions. 

(e) "Environmental Water Program" means the program authorized by 
Article 3 of the Act (§§ 12929.20 through 12929.26,^inclusive). 

(f) "Environmental Enhancement Component" means that part of the 
Environmental Water Program that is authorized by Section 1 2929.26 of 
the Act. 

(g) "Environmental documentation" means written documentation 
prepared in compliance with all applicable laws and guidelines relating 
to the protection of the environment and resources of the State, including 
but not limited to the California Environmental Quality Act and Guide- 
lines (Public Resources Code § 21000 et seq.); the National Environmen- 
tal Policy Act (42 U.S.C.A. § 4371 et seq.); the Federal Clean Water Act 
(33 U.S.C.A. § 1 25 1 et seq.); the California Fish & Game Code, including 
the California Endangered Species Act (Fish & Game Code § 2050 et 
seq.); and the Federal Endangered Species Act (16 U.S.C.A. § 1531 et 
seq.). 

(h) "Mitigation" means those actions required by law for the purposes 
listed in the CEQA guidelines at 14 California Code of Regulations sec- 
tion 15370. 

(i) "Mono Lake Basin Component" means that part of the Environ- 
mental Water Program that is authorized by Sections 12929.20 through 
12929.25 of the Act. 

(j) "Private Agency" means a nongovernmental entity. 

(k) "Project" and "program" mean an activity or activities that result 
in an actual physical change to the environment or produce or conserve 
water. 

(/) "Public Agency" means any Federal agency. State agency, or politi- 
cal subdivision of the State of California, including but not limited to any 
county, city, city and county, or district. 

(m) "Restore" means to reproduce and reestablish the physical and bi- 
ological characteristics of an area which would occur in a specific area 
under current climatic, geologic, and hydrologic conditions. An area is 
suitable for restoration if it has been damaged or if it has been modified 
by human efforts. 

(n) "Study" means an activity that involves investigation, testing, re- 
view, or evaluation of data without physically changing the environment 
or producing additional water or power supplies. 

(0) "Technical Feasibility" means that the proposed project can be de- 
signed, constructed, and operated to accomplish the purpose for which 
it is planned, and is planned in accordance with generally accepted engi- 
neering and environmental principles and concepts. 

(p) "Water Quality Program" means the program authorized by Ar- 
ticle 4 of the Act (§§ 12929.30 and 12929.31). 

NOTE: Authority cited: Section 12929.44, Water Code. Reference: Sections 
12929, 12929.1, 12929.2, 12929.21, 12929.22, 12929.26, 12929.30, 12929.31 
and 12929.41, Water Code. 

History 
1. New chapter 2.2 (sections 449.1-449.1 1) and section filed 6-2-93; operative 
7-2-93 (Register 93, No. 23). 

§ 449.2. Program Funding. 

(a) The matching funds requirement for grants described in Section 
12929.41(b) of the Act may be met by monetary contribution, in-kind 
service such as materials, labor, or staff time, or land easements. 

(b) The Department may request that the applicant seek federal funds 
or participation by federal agencies. 

(c) Loan applicants must demonstrate that they possess the ability to 
repay the loan by providing the following information: 

(1) financial statements; 



(2) statements of existing cash reserves and existing debts, long term 
and short term; 

(3) a statement describing the applicant's legal authority to enter into 
a loan contract with the state; 

(4) a description of the repayment method; 

(5) an explanation of how the applicant proposes to secure the loan if 
required to do so by the State; 

(6) a description of funding sources for all other elements of the pro- 
posed project if the total project costs exceed the loan; 

(7) disclosure of any other debt currently pending issuance or approv- 
al; and 

(8) any other information necessary to evaluate the applicant's ability 
to repay the loan. 

(d) The maximum loan term shall be no longer than the useful life of 
the project. 

(e) Applicants may apply for funds that may be appropriated in the fu- 
ture. 

(f) Applications that are not approved for funding may be reconsidered 
in the next funding cycle. 

(g) No funds shall be disbursed until the applicant has obtained all 
applicable permits and complied with all applicable federal, state, and lo- 
cal laws, rules and regulations, and until the applicant and the Depart- 
ment execute a contract setting forth the terms and conditions of such 
grants or loans. 

NOTE: Authority cited: Section 12929.44, Water Code. Reference: Sections 
1292941, 12929.42, 12929.43 and 12949.45, Water Code. 

History 
1. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23). 

§ 449.3. Application Process. 

(a) Applicants shall file with the Department a complete application. 
The Department shall provide application packages upon request. 

(b) A complete application consists of the application and any required 
supporting information, including environmental documentation, at- 
tached to, or bound with, the application. 

(c) If environmental documentation is not completed, the application 
may be submitted with a statement explaining in detail the steps remain- 
ing in the process of obtaining final environmental documentation. 
NOTE: Authority cited: Section 12929.44, Water Code. Reference: Sections 
12929.11, 12929.20, 12929.21 and 12929.22, Water Code. SecUon 21002.1, Pub- 
lic Resources Code. 

History 
I. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23). 



Article 2. Specific Program Provisions 

§ 449.4. Mono Lake Basin Provisions. 

(a) Eligibility Requirements 

(1) Only those types of projects that are listed in Section 12929.22 of 
the Act and that are technically feasible shall be considered for funding. 

(2) Studies may be funded only if they are associated with technically 
feasible projects. 

(3) The project must result in the reduction of diversions of water from 
the Mono Lake Basin. 

(4) Costs of long-term operation and maintenance are not eligible for 
funding. Costs for long-term operation and maintenance may be part of 
an in-kind service contribution. 

(5) The Department shall review the project's eligibility, and may re- 
vise its decision on project eligibility, if prior to the funding of the project 
the State Water Resources Control Board issues a final order, or a court 
issues a final judgment, regarding the Mono Lake Basin. 

(b) Application Procedure 

(1) The application process shall be conducted on a continuing, open 
basis, in which applications shall be reviewed as they are received. 

(2) Each application shall include or be accompanied by the following 
information: 

(A) A detailed project description; 



Page 28.1 



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§ 449.5 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



(B) a detailed description of project benefits; 

(C) maps of project area, marked with locations of the project compo- 
nents; 

(D) a description and determination of project technical feasibility and 
methods to be used, with certification from a California Registered Engi- 
neer; 

(E) a firm estimate of the amount of water to be gained, reclaimed, or 
conserved by the project; 

(F) a detailed plan and schedule showing timing and amount of re- 
duced diversion from the Mono Lake Basin; 

(G) a detailed outline of total project costs, including long-term opera- 
tion and maintenance costs; 

(H) a description of source and amount of matching funds; 

(I) environmental documentation and permits that are required, or a 
statement pursuant to Section 449.3(c) if environmental documentation 
is incomplete; 

(J) a detailed schedule for the completion of the proposed project; 

(K) copies of any project feasibility studies that have been prepared for 
the project; and 

(L) any other information necessary to evaluate the project's eligibil- 
ity and technical feasibility. 

NOTE: Authority cited: Section 12929.44, Water Code. Reference: Sections 
12929.21, 12929.22, 19292.24, 12929.41 and 12929.45, Water Code. 

History 

1. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23). 



§ 449.5. Environmental Enhancement Component. 

(a) Eligibility Requirements 

(1) Projects must involve activities listed in Section 12929.26 of the 
Act. 

(2) Applications for technically feasible projects and programs shall 
be considered for funding. Studies may be funded only if they are asso- 
ciated with technically feasible projects funded by the Environmental 
Water Fund. 

(3) No funds shall be granted or loaned for long-term operation and 
maintenance. Costs for long-term operation and maintenance may be 
part of an applicant's in-kind service contribution. 

(4) Projects that are mitigation for other projects are not eligible for 
funding under this program. 

(5) In order to allow for a greater number of projects to be funded, the 
total amount funded through grants, loans, or a combination of grants and 
loans, for any single project shall not exceed one million dollars 
($1 ,000,000), unless the applicant demonstrates to the Department's sat- 
isfaction that the project provides unique possibilities for significant en- 
vironmental benefits to the State. 

(6) Studies not associated with technically feasible projects funded by 
the Environmental Water Fund may be considered for funding if the 
applicant demonstrates to the Department's satisfaction that the study 
provides unique possibilities for significant environmental benefits to 
the State by advancing our knowledge and understanding of a problem 
and its solution, and that a resource of statewide significance is in jeopar- 
dy and completion of the proposed study is a critical initial step in restora- 
tion or enhancement of the resource. 

(b) Projects with one or more of the following features may be given 
priority for funding: 

(1) The project is at an advanced stage in the planning process; 

(2) The project represents advancement of an overall enhancement or 
restoration goal of statewide or regional interest. 

(c) Application Procedure 

(1) Applications shall be submitted to the Department no later than 
June 30 of each year for consideration for funding in the following fiscal 
year. 

(2) The Department may also solicit applications at any time. 



(3) Each application shall include or be accompanied by the following 
information: 

(A) A detailed project description 

(B) a detailed description of project benefits 

(C) maps of project area, marked with locations of the project compo- 
nents; 

(D) a description and determination of technical feasibility and meth- 
ods to be used, with certification from a California Registered Engineer; 

(E) copies of any project feasibility studies that have been prepared for 
the project; 

(F) a detailed schedule for the completion of the proposed project; 

(G) an outline of total project costs, including, where applicable: 
(i) capital costs, and costs of labor, material, and equipment, 

(ii) land acquisition costs, 

(iii) planning-related costs 

(iv) costs for mitigation if required in order to implement the project, 
and 

(v) an estimate of any long-term operation and maintenance costs as- 
sociated with the project; 

(H) a description of the source and amount of matching funds; 

(I) environmental documentation and permits that are required, or a 
statement pursuant to Section 449.3 (c) if environmental documentation 
is incomplete; 

(J) a detailed justification for any application requesting funding for 
more than $ 1 ,000.000 (one million dollars) per single project. The justifi- 
cation should clearly detail the significant environmental benefits to the 
State and show that other funds are not available that could reduce the 
amount requested from the Environmental Water Fund; and 

(K) any other information necessary to evaluate the project's eligibil- 
ity and technical feasibility. 

NOTE: Authority cited: Section 12929.44, Water Code. Reference: Sections 
12929.11, 12929.26, 12929.41, 12929.43 and 12929.45, Water Code. 

History 
1. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23). 

§ 449.6. Water Quality Program. 

(a) Projects must involve activities described in Sections 12929.30 and 
12929.31 of the Act. 

(b) Applications shall be submitted no later than June 30 for consider- 
ation for funding in the following fiscal year. 

(c) The Department may also solicit applications at any time. 

(d) Each application shall include or be accompanied by the following 
information: 

(1 ) a detailed description of the project or study; 

(2) a detailed description of the benefits to be provided by the project 
or study; 

(3) maps of project or study area, marked with locations of the project 
components; 

(4) a description and determination of the project's technical feasibil- 
ity and methods to be used; 

(5) a detailed outline of costs of the project or study; 

(6) a description of source and amount of matching fund sources; 

(7) environmental documentation and permits that are required, or a 
statement pursuant to Section 449.3(c) if environmental documentation 
is incomplete; 

(8) a detailed schedule for the completion of the proposed project or 
study; 

(9) copies of any project feasibility studies that have been prepared for 
the project; 

(10) any other information necessary to evaluate the eligibility and 
technical feasibility of the study or project. 

NOTE: Authority cited: Section 12929.44, Water Code. References: Sections 
12929.30. 12929.31, 12929.41, 12929.43 and 12929.45, Water Code. 

History 
1. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23). 



Page 28.2 



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Title 23 



Department of Water Resources 



§ 450.1 



Article 3. Evaluation Process 



§ 449.7. Department Review. 

(a) The Department shall evaluate each application for preliminary eli- 
gibility based on the applicant's description of the project, program, or 
study, and financial and cost information provided. The Department will 
notify the applicant of the applicant's preliminary ehgibility status. 

(b) A Technical Review Committee (TRC) shall be established by the 
Department to evaluate the project or study and to make recommenda- 
tions to the Department. 

(c) The TRC shall be composed of Department representatives, repre- 
sentatives of the Department of Fish and Game, and other state and feder- 
al representatives, as determined by the Department. 

NOTK: Authority cited: Section 12929.44. Water Code. Reference: Sections 
12929.11, 12929.20, 12929.21, 12929.22, 12929.26, 12929.30, 12929.31, 
12929.40 and 12929,45, Water Code. 

History 
1. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23). 

§ 449.8. Public Review. 

(a) After the Department notifies an applicant of the proposed proj- 
ect's preliminary eligibility, the applicant shall hold one or more public 
meetings to describe the project to interested persons. 

(b) If the applicant has already held a pubhc meeting on the project, 
the Department may waive the requirement of subdivision (a). 

(c) If the applicant changes any part of the project as a result of com- 
ments received from a public meeting, the applicant must submit those 
project changes to the Department for further review. 

(d) Any comments received by the applicant during public comment 
shall be presented to the Department before the application shall be con- 
sidered complete. 

NoTE: Authority cited: Section 12929.44, Water Code. Reference: Section 
12929.40, Water Code. 

History 
1. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23). 

§ 449.9. Basis for Award of Funds. 

The Department's decision to award funds to a program, project or 
study shall be based on the following factors: 

(a) Whether the project, program, or study is consistent with the Act 
and regulations promulgated under the Act; 

(h) the significance and scope of the environmental benefits provided; 

(c) the technical feasibility of the project, program or study; 

(d) availability of funds from the Environmental Water Fund; and 

(e) the availability of alternative funding. 

NOTB: Authority cited: Section 12929.44, Water Code. Reference: Sections 
12929.11, 12929.14, 12929.15, 12929.20, 12929.21. 12929.22, 12929.23, 
12929.24, 12929.26, 12929.30, 12929.31, 12929.41, 12929.42 and 12929.45, 
Water Code. 

History 
1. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23). 

§ 449.1 0. Project Site Visitation. 

(a) Prior to entering into a contract, representatives of the Department 
may visit the project site to assess its conditions and needs, and then meet 
with project sponsors. 

(b) After entering into a contract and during planning and construction 
or after project completion, the Department may inspect the project site 
at any reasonable time to ensure that the project is being carried out in 
accordance with the project described in the application and as described 
under the contract. 

NOTE: Authority cited: Section 12929.44, Water Code. Reference: Section 
12929.45, Water Code. 

History 

1. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23). 



§ 449.1 1 . Commitment of Funds and Final Report. 

(a) After a project, program or study has been approved for funding by 
the Department Director, a letter of commitment will be sent to the appli- 
cant, stating that the application has been approved for funding. 

(b) The interest rate for a loan shall be stated in the letter of commit- 
ment. 

(c) If a contract is not signed within three months after the commitment 
letter is sent to the applicant, the Department may withdraw or revise the 
letter of commitment. 

(d) Upon completion of the project, the applicant shall submit a written 
report of the project to the Department. The report should include photo- 
graphs of restoration or enhancement activiUes and techniques. 
NOTE: Authority cited: Section 12929.44, Water Code. Reference: Section 
12929.45. Water Code. 

History 
1. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23). 



Chapter 2.3. Loan Programs Under tlie 

Water Conservation and Water Quality Bond 

Law of 1986, and the Water Conservation 

Bond Law of 1988 and Loan and Grant 

Programs for Local Projects Under the Safe, 

Clean, Reliable Water Supply Act 

§450.1. Definitions. 

The words used in this subchapter have the meanings set forth below: 

(a) "Bond law" means the Water Conservation and Water Quality 
Bond Law of 1986 as set forth in chapter 6.1 of division 7 of the Water 
Code (commencing at section 13450), and the Water Conservation Bond 
Law of 1 988 as set forth in chapter 4.7 of part 6 of division 6 of the Water 
Code (commencing at section 1 2879) and Local Projects, under the Safe, 
Clean, Reliable Water Supply Act, set forth in Article 4 of Chapter 6, Di- 
vision 24 of the Water Code (commencing with section78680). 

(b) "Applicant" means a public local agency or public agency as de- 
fined in the bond law which files an application for funding under the pro- 
visions of the bond law with the Department of Water Resources. 

(c) "Ground water recharge project" means a project involving capital 
outlay expenditures to construct, expand, renovate or restructure land 
and facilities for artificial ground water recharge or in-lieu recharge, and 
may include the purchase of land or easements, but not the purchase of 
surface waters for use in lieu of pumping groundwater. 

(d) "Water conservation project" means a project consisting of volun- 
tary, cost-effective capital outlay water conservation programs as de- 
fined in the bond law. 

(e) "Water supply project" means any canal, dam, reservoir, ground- 
water extraction facility or other construction or improvement, including 
rehabilitation of a dam for water supply purposes, by a local agency for 
the diversion, storage or distribution of water which will remedy existing 
water supply problems. This includes any such project for the storage or 
distribuUon of reclaimed water for reuse. 

(f) "Local Project" means a project as defined in section 7868().4(b) 
of the water code. 

(g) "Eligible project costs" means costs associated with (c), (d), (e), 
and (f), above that may be paid out of the proceeds of a loan made under 
the bond law. It includes the reasonable costs of engineering, land and 
easement acquisition, legal fees, preparation of the application to estab- 
lish eligibility, preparation of environmental documentation, environ- 
mental mitigation, and construction. Costs incurred prior to applying for 
or entering into a contract for funding, including costs for a feasibility 
study, may be reimbursed from the loan proceeds at the Department's 
discretion. 

Costs which are not eligible include: 

(1) operation and maintenance costs, 

(2) purchase of movable equipment not an integral part of the pnyect. 



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§ 450.2 



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Title 23 



(3) establishing a reserve fund, 

(4) purchase of water supphes, and 

(5) payment of principal or interest of existing indebtedness or any in- 
terest payments unless: 

(A) The debt is incurred after issuance of a letter of commitment of 
funds by the Department; 

(B) The Department agrees in writing to the eligibility of the costs for 
reimbursement before the debt is incurred; and 

(C) The purposes for which the debt is incurred are otherwise eligible 
project costs. 

(h) "Hydrogeologic feasibility" means a determination by a registered 
geologist that water placed in the ground water recharge facility will per- 
colate to the aquifer intended to be recharged, and that water quality of 
that aquifer is compatible with the recharge water. For an in-lieu ground 
water recharge project, hydrogeologic feasibility means a determination 
by a registered geologist that the proposed operation will result in re- 
charge of the aquifer. 

(i) "Economic justification" means that the primary economic benefits 
of the project exceed the primary costs of the project. 

(j) "Net water savings" means savings achieved by reducing water 
losses from already developed primary water sources, such as surface 
storage reservoirs or ground water. 

(k) "Environmental documentation" means written documents pre- 
pared and filed in accordance with the California Environmental Quality 
Act (division 13, Public Resources Code commencing with section 
21000), the State CEQA Guidehnes (title 14, section 15000, et seq.), the 
National Environmental Policy Act (title 42, United States Code, com- 
mencing with section 4321), and all applicable regulations. 

(/) "Engineering feasibility" means that the proposed project can be 
designed, constructed and operated to accomplish the purposes for which 
it is planned, and is planned in accordance with generally accepted engi- 
neering and environmental principles and concepts. Hydrologic studies 
and information on water rights and the sufficiency of water supply are 
essential to the determination of engineering feasibility. 

(m) "Financial feasibility" means a determination by the Department 
that the applicant can complete the project, or feasibility study with the 
amount of funds requested in the funding application, and that the appli- 
cant has the ability to repay both the principal and interest on a loan over 
the designated repayment period. If the project or feasibility study cannot 
be completed within the amount of the funding requested, but the apph- 
cant can establish, to the department's satisfaction, that additional funds 
from other sources are available to complete the project or feasibility 
study and the applicant has the ability to repay all loans, whether from 
the Department or other sources; the Department may determine that the 
project, or feasibility study is financially feasible. 

(n) "Overdraft" means that groundwater is being extracted from a ba- 
sin at a projected long term average rate greater than the long term aver- 
age recharge from natural and artificial sources, and that continuation of 
present water management practices would probably result in significant 
adverse overdraft related environmental, social and/or economic im- 
pacts. 

(o) "Critical need" is the same as "urgency of need" and means physi- 
cal and financial need for the project in the community. Physical need is 
determined by the general state of the water system, dependency on the 
water supply, water quality conditions and the availability of substitute 
supplies. Financial need is determined by the ability of an applicant to 
fund the project from other sources. 

(p) "Water management program" means any formalized water man- 
agement program, including relevant local land use, water management 
or general plans. 

(q) "Statewide Interest" means the extent to which a project protects 
public or private property from damage, protects natural resources 
against loss or waste or fosters their conservation and proper use, or pro- 



duces benefits that are disbursed generally throughout the community or 
project area. 

NOTE: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference; 
Sections 12879.2, 12879.5, 12879.6,78680.4, 78680.10, 78680.12 and 78680.14, 
Water Code. 

History 

1. New section filed 5-21-87; operative 6-20-87 (Register 87, No. 22). 

2. New subsection (e). (k)-(p), amendment of subsections (a)-(d) and renumbered 
subsections (f)-(j) filed 9-21-90; operative 10-21-90 (Register 90, No. 44). 

3. Amendment of chapter headina, section and Noth filed 1-28-98; operative 
2-27-98 (Register 98, No. 5). " 

§ 450.2. Application for Funding for Construction Loans. 

Applicants for a construction loan under the Bond law shall file an 
application as provided by the Department. A complete application shall 
contain the following information: 

( 1 ) A description of the project, with illustrations or maps showing 
project features as appropriate to the type of project, signed by a civil en- 
gineer, registered pursuant to California law. For a ground water project, 
a geologist, registered pursuant to California law, must also sign. 

(2) Information demonstrating the engineering feasibility of the proj- 
ect. 

(3) Information regarding the economic justification for the project, 
including a discussion of the least costly alternative to the proposed proj- 
ect which will produce similar results and is engineeringly, financially, 
and environmentally feasible. 

(4) Information regarding critical need for the project. 

(5) For ground water recharge projects and in-lieu recharge projects, 
information regarding the hydrogeologic feasibility of the project and the 
amount of net overdraft reduction that should result from the project. 

(6) For water conservation projects, schematic drawings of water rout- 
ings before and after the project, showing the effect of the project on di- 
versions, deliveries to customers, evaporation, transpiration, deep perco- 
lation and surface drainage, as well as information regarding the net 
water savings to be derived as a result of the project. This includes identi- 
fying the source of the water to be conserved and the use proposed to be 
made of the conserved water. 

(7) For water supply projects and local projects, a description of the 
existing water supply problems and how the proposed project will reme- 
dy them, the source of the water supply proposed to be developed, the 
proposed use to be made of the developed water supply, and the nature 
and extent of statewide interest in the project. 

(8) Copies of any studies previously prepared for the project. 

(9) A statement describing the availability of all water supplies needed 
for the life of the project, and the water rights the applicant has for the 
project, addressing the type and duration of those rights. 

(10) A timetable for project completion. 

(1 1) An estimated total cost of the project, showing details of eligible 
project costs. 

(12) The amount of the State loan requested; the sources and amounts 
of other funds to be applied toward the project; the proposed loan term, 
not to exceed 20 years; the proposed method of loan repayment; and other 
information regarding the financial feasibility of the project. 

( 1 3) Information regarding the financial status of the applicant, includ- 
ing it's ability to repay a loan. 

(14) Citations of the applicant's statutory enabling laws, and authority 
to contract with the State for a loan of the proposed type and duration, 
including a brief description of the procedural steps required by the appli- 
cant' s enabling laws to contract with the State for a loan. 

( 1 5) A resolution of the applicant' s governing body authori zing a des- 
ignated representative to submit the application. 

( 1 6) All environmental documentation available at the time the appli- 
cation is filed, together with a plan and schedule for completi:ag all other 
required environmental documentation and a disclosure of any antici- 
pated problems. 



[The next page is 29.] 

Page 28.4 



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§ 450.6 



( 17) A disclosure of all known public support and opposition to the 
project at the time of application. This includes the comments of all inter- 
ested individuals in the area impacted by the project and not solely of the 
beneficiaries of the project. 

( 1 8) A statement regarding whether there is a water management pro- 
gram in the area impacted by the project, and if so, how the proposed proj- 
ect fits within it. 

( 1 9) A statement listing all relevant local land use or general plans, and 
describing how the proposed project fits within those plans. 

(20) A list of all permits that will be required for the project, together 
with a plan and schedule for obtaining those permits and a disclosure of 
any anticipated problems. 

(2 1 ) Additional Documentation. During the administration of this pro- 
gram and the evaluation of applications, additional engineering, techni- 
cal, financial, economic, hydrologic, geologic, soil and water quality, en- 
vironmental, water rights, and legal analyses and justification may be 
required by the Department. 

Note: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: 
Sections 12879.2, 12879.4, 12879.5, 12879.6, 78680.8, 78680.12 and 78680.14, 
Water Code, Section 21 150, Public Resources Code. 

History 

1. New section filed 5-21-87; operative 6-20-87 (Register 87, No. 22). 

2. Amendment filed 9-21-90; operative 10-21-90 (Register 90, No. 44). 

3. Amendment of subsection (7) and Notk filed 1-28-98; operative 2-27-98 
(Register 98, No. 5). 

§ 450.3. Feasibility Studies. 

The feasibility studies to be funded under this provision are studies 
conducted and reports prepared to determine the engineering, hydrogeo- 
logic, environmental, economic and financial feasibility of a proposed 
water conservation, ground water recharge, water supply project, dam or 
reservoir. Feasibility study results will provide the information needed 
to develop a complete construction loan application. A feasibility study 
shall include an Environmental Impact Report prepared pursuant to Divi- 
sion 13 of the Public Resources Code, commencing with Section 21000. 
Applications for feasibility study funding shall be filed as required by the 
Department and shall contain any of the information listed in section 
450.2 that is required by the Department. The Department shall deter- 
mine which applicants will receive feasibility study funding based upon 
a preliminary review of the soundness of their proposed project, the fi- 
nancial resources available to the applicant, the potential economic justi- 
fication and critical need for the proposed project, the likelihood that con- 
struction of the project will be funded, and the amount of funds available 
for feasibility study loans and grants. 

NOTE: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: 
Secfions 12879.5(h), 12879.6(e), 78680.4, 78680.10, 78680.12 and 78680.14, 
Water Code. 

History 

1. New section filed 5-21-87; operative 6-20-87 (Register 87, No. 22). 

2. Amendment filed 9-21-90; operafive 10-21-90 (Register 90, No. 44). 

3. Amendment of section and Note filed 1-28-98; operative 2-27-98 (Register 
98, No. 5). 

§ 450.4. Application for Land Acquisition Loans for Local 
Projects. 

Land Acquisition is a component of an eligible Project pursuant to 
Water Code Sections 78680.4(b), 78680.12 and 78680.14. The Depart- 
ment may make loans to public agencies for acquisition of interest in 
lands that are necessary for, and a part of a single local project. Applica- 
tion for such funding shall contain any of the information listed in section 
450.2 that is required by the Department. 

NOTE: Authority cited: Secfion 78680.20, Water Code. Reference: Sections 
78680.4(b), 78680.12 and 78680.14, Water Code. 

History 

1. New section filed 5-21-87; operafive 6-20-87 (Register 87, No. 22) 

2. Amendment filed 2-21-91; operafive 2-21-91 (Register 91, No. 12). 

3. Editorial correction deleting former History 2 and renumbering subsequent 
History Note (Register 95, No. 28). 

4. Renumbering of former section 450.4 to section 450.5 and new secfion 450.4 
filed 1-28-98; operafive 2-27-98 (Register 98, No. 5). 



§ 450.5. Priority List. 

(a) The Department shall establish and maintain separate priority lists 
of construction projects, for the following: 1) water conservation proj- 
ects; 2) groundwater recharge projects; 3) water supply projects; and 4) 
local projects. Construction loans of up to $5,000,000 per project shall 
be offered to applicants for each project in priority list order, as funds are 
available. The Department shall prepare new priority lists at least every 
two years until all available funds are committed, and may do so more 
frequently. When a new priority list is established, the previous priority 
list is superceded. Unless funds have been submitted in writing to a proj- 
ect on the superceded priority list, all projects on the superceded list shall 
be given priority for funding in accordance with the new priority list, and 
new or updated applications for those projects may be required by the De- 
partment. 

(b) Priority Criteria for Eligible Groundwater Recharge Construction 
Projects. Projects will be ranked in priority order for construction loan 
funding on the basis of the following criteria. The relative weight to be 
given each criterion is expressed as a percentage: 

( 1 ) Economic justification, 25 percent. 

(2) Overdraft reduction and alleviation of related problems, such as 
subsidence, saltwater intrusion or other water quality problems. 20 per- 
cent. 

(3) Engineering and hydrogeologic feasibility, 35 percent. 

(4) Critical need for the project in the community, 15 percent. 

(5) Consistency with water management programs, 5 percent. Consid- 
eration may also be given to whether the applicable after management 
program or plans are current, complete, recognize the best water conser- 
vation practices, enjoy community support, and are being followed. 

(c) Priority Criteria for Water Conservation Construction Projects. 
Projects will be ranked in priority order for construcfion loan funding on 
the basis of the following criteria. The relafive weight to be given each 
criterion is expressed as a percentage: 

(1) Cost Effectiveness, 50 percent. In assessing cost effectiveness, 
consideration will be given to both primary and secondary costs and 
benefits. 

(2) Net water savings, 30 percent. In evaluating net water savings, the 
Department may consider impacts resuUing from possible loss of use of 
water by any downstream user or for fish, wildlife or recreational pur- 
poses. 

(3) Engineering and hydrologic feasibility, 20 percent. 

(d) Priority Criteria for Water Supply Projects and Local Projects. 
Projects will be ranked in priority order on the basis of the following cri- 
teria. The relative weight to be given each criterion is expressed as a per- 
centage: 

(1) Cost effectiveness and economic justification, 50 percent. In as- 
sessing cost effectiveness, consideration will be given to both primary 
and secondary costs and benefits. 

(2) Nature and extent of statewide interest in the proposed project, 10 
percent. 

(3) Engineering, hydrologic and/or hydrogeologic feasibility, 20 per- 
cent. 

(4) Urgency of the need for the project in the community, 20 percent. 
In assessing the urgency of the need consideration will be given to the 
critical need for and financial feasibility of the project. 

NOTE: Authority cited: Secfions 12879.4 and 78680.20, Water Code. Reference: 
Sections 12879.2(h), 12879.5(c) and (e), 12879.6(c) and (d). 78680.12 and 
78680.14, Water Code. 

History 

1. New secfion filed 5-21-87; operafive 6-20-87 (Register 87, No. 22). 

2. New subsection (a) and (c), amendment of exisfing provisions as (b)(6)-(]0) 
filed 9-21-90; operafive 10-21-90 (Register (90, No. 44). 

3. Renumbering of former secfion 450.5 to section 450.6 and renumbering of for- 
mer section 450.4 to section 450.5, with amendment of section and Note, filed 
1-28-98; operafive 2-27-98 (Register 98, No. 5). 

§ 450.6. Contract Requirements. 

(a) The following requirements apply to funding contracts: 



Page 29 



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§ 450.7 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



(1) All applicable environmental documentation must be completed 
prior to entering into a contract. 

(2) The Department may enter into a contract before the applicant has 
obtained all applicable permits, but may not disburse any funds to be used 
for land acquisition and/or project constniction until the applicant has 
complied with all applicable federal, state and local laws, rules and regu- 
lations, and obtained all required permits. 

(3) Applicants for all projects impacting a domestic water supply must 
have the project approved in writing by the State Department of Health 
Services before a construction contract can be executed. 

(4) If a contract is not signed by the applicant within six months after 
the Department transmits a letter of commitment of funds, the letter of 
commitment may be withdrawn or revised. 

(5) The Department may, at its discretion, require that final plans and 
specifications, certified by a registered civil engineer, be submitted to it 
for approval prior to execution of a construction loan contract. 

(6) The term of the loan shall be as short as possible considering the 
ability of the applicant to repay the loan. 

(b) In addition to the requirements listed in Water Code section 
1 2879.4(c) and 78680. 1 2. the funding contract shall include all of the fol- 
lowing terms and conditions that are applicable: 

( 1 ) The estimated cost of the project or feasibility study. 

(2) An agreement by the Department to loan or grant the applicant an 
amount which equals the portion of the costs of the project or feasibility 
study, found by the Department to be eligible for State funding. The 
agreement may provide for disbursement of funds during the progress of 
the project or feasibility study, or following completion of the project or 
feasibility study, as agreed by the parties. The agreement may allow the 
Department to withhold up to 1 percent of the loan or grant proceeds un- 
til the project or feasibility study is completed. 

(3) If the entire project or feasibility study is not being funded under 
this Bond law, the Department shall include a provision requiring the 
applicant to share in the cost of the project or feasibility study or obtain 
funding from other sources. This provision shall provide that no State 
funds shall be disbursed until the applicant demonstrates acquisition of 
sufficient funds to complete the project or feasibihty study. It may also 
provide that no State funds shall be disbursed until all amounts of other 
funds have been exhausted. 

(4) An agreement by the applicant to commence operation of the proj- 
ect upon completion thereof, and to properly operate and maintain the 
project in accordance with the applicable provisions of law. 

(5) An agreement by the applicant to repay the state, over a period not 
to exceed the useful life of the project or 20 years, whichever is shorter, 
or, in the case of a feasibility study, over a period not to exceed five years, 
all of the following: 

(A) The amount of the loan. 

(B) The administrative fee, if applicable, and 

(C) Interest on the principal (the amount of the loan funds disbursed 
plus the applicable administrative fee). 

(6) An agreement to provide security for repayment of the loan, as 
deemed appropriate by the Department. 

(7) An agreement to retain a fiscal agent and make deposits with that 
fiscal agent to assure that sufficient funds will be available for the fiscal 
agent to transmit semiannual payments of principal and interest to the 
State when due. The services of the fiscal agent shall continue until the 
loan has been fully repaid. The applicant may employ the services of its 
county controller or treasurer as fiscal agent. 

(8) Unless otherwise approved by the Department, a reserve of at least 
two semiannual payments shall be accumulated and deposited with the 
fiscal agent during the first ten years of the loan repayment period. At 
least half of the required reserve balance shall be on deposit by the end 
of the first five years. Reserves shall be maintained at these levels thereaf- 
ter unul the loan is repaid in full. 

(9) An agreement to use the compefitive bidding process for all con- 
struction, materials, and equipment contracts exceeding $20,000 unless 



an exception in writing has been obtained from the Department. An 
applicant seeking a waiver of the contractual competitive bidding re- 
quirement shall make a written request to the Department, in advance of 
the bidding process, which sets forth the reasons for the request and dem- 
onstrates that no statute or ordinance imposing competitive bidding re- 
quirements will be violated if the waiver is granted. In addition, appli- 
cants shall obtain the written consent of the Department before using the 
services of their own employees to perform engineering or construction 
work on the project. 

( 10) An agreement by the applicant, where the local project has as one 
of its components land acquisition, to comply with Water Code Section 
78680.16. 

( 11 ) An agreement that funds retained pending completion of project 
items and contracts shall not be disbursed until the Department has re- 
ceived written certification by a registered engineer that the specific item 
or contract has been completed in accordance with the plans and specifi- 
cations. 

(c) The funding contract may include any of the following terms and 
condiuons, as appropriate: 

(1 ) An agreement by the applicant to adopt a fee structure which pro- 
vides for the proper maintenance and operation of the project and in- 
cludes a sinking fund for repair and replacement of the facilities. 

(2) Any other terms determined to be appropriate by the Department. 
NOTE: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: 
Sections 12879.4, 12879.5(h). 12879.6(e), 78680.12, 78680.14 and 78680.16, 
Water Code, Section 21 150, Public Resources Code. 

History 

1. New section filed 5-21-87: operative 6-20-87 (Register 87, No. 22). 

2. Amendment with repeal of subsection (c) filed 9-21-90; operative 10-21-90 
(Register 90, No. 44). 

3. Renumbering of former section 450.6 to section 450.7 and renumbering of for- 
mer section 450.5 to section 450.6, with amendment of section and Note, filed 
1-28-98; operative 2-27-98 (Register 98, No. 5). 

§ 450.7. Public Meeting or Election on Project Loan Debt. 

(a) A public meefing or, if required by the applicants governing law, 
an elecdon on the proposed project loan debt must be held by the appli- 
cant before entering into the funding contract, unless the contract is for 
a feasibility study loan or grant. A meeting or the required election shall 
be conducted after the Department has noUfied the applicant of its rank- 
ing within the fundable range of the priority Ust, but before the loan con- 
tract is executed. The purpose of the public meedng shall be to inform the 
ratepayers of the project and to provide a forum for public comment on 
the means of financing the project. This public meefing may be combined 
with another public meeting which the applicant must hold on the project. 

(b) Before conducting a public meefing on the project debt, the appli- 
cant shall: 

(1) Establish a date for the meeting agreeable to the Department. 

(2) Obtain a meefing place of sufficient size and at a convenient loca- 
tion to accommodate the anticipated audience. 

(3) Notify the Department in wrifing at least thirty calendar days be- 
fore the meefing, and provide reasonable nofificafion to the public and 
the local news media at least fifteen calendar days before the meeting. 
The notice shall state: the date, time, locafion and purpose of the meefing 
and the location where informafion describing the project may be re- 
viewed. 

(4) At least fifteen days before the meefing, make available informa- 
fion describing the project in a form and locafion that will enable the pub- 
lic to review it and to make comments. 

Within thirty days following the meefing or elecfion, the appficant 
shall submit a written report to the Department describing the meeting 
including an assessment of support and opposifion to the project. 
NOTE: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: 
Sections 12879.4(c)(5) and 78680.12(c), Water Code. 

History 

1. New section filed 5-21-87; operafive 6-20-87 (Register 87, No. 22). 

2. Amendment filed 9-21-90; operative 10-21-90 (Register 90, No. 44). 



Page 30 



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§ 451.2 



3. Renumbering of former section 450.7 to section 450.8 and renumbering of for- 
mer section 450.6 to section 450.7, with amendment of subsection (a) and Notf-:, 
filed 1-28-98; operative 2-27-98 (Register 98. No. 5). 

§ 450.8. Final Plans and Specifications. 

Each constmction project shall be defined by final plans and specifica- 
tions. Before commencing constmction, each agency having executed a 
contract for a constmction loan shall provide to the Department a certifi- 
cation from a civil engineer, registered pursuant to California law, that 
detailed plans and specifications have been completed in accordance 
with the executed contract. The agency shall not commence construction 
before notifying the Department in writing of the date constmction is to 
begin. 

NOTE; Authority cited: Sections 12879.4 and 78680.20. Water Code. Reference: 
Sections 12879.4 and 78680.12(b), Water Code. 

History 

1. New section filed 5-21-87: operative 6-20-87 (Register 87, No. 22). 

2. Amendment filed 9-21-90; operative 10-21-90 (Register 90, No. 44). 

3. Renumbering of former section 450.8 to new section 450.9 and renumbering of 
former section 450.7 to section 450.8, with amendment of section and Noxii, 
filed 1-28-98; operative 2-27-98 (Register 98. No. 5). 

§ 450.9. Certification of Completion. 

(a) Upon completion of the project, the agency shall provide certifica- 
tion by a civil engineer, registered pursuant to California law, that the 
project has been completed in accordance with the plans and specifica- 
tions and any modifications thereto in accordance with the executed con- 
tract, as amended. 

(b) The agency shall be responsible for maintaining as-built plans and 
specifications until the loan is repaid to the State. 

NOTE: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: 
Sections 12879.4 and 78680.20, Water Code. 

History 
1. Renumbering of former section 450.8 to new section 450.9 filed 1-28-98; op- 
erative 2-27-98 (Register 98, No. 5). 

Chapter 2.4. Grant Program Under the 

Urban Creeks Restoration and Flood Control 

Act of 1985 



§451.1. Definitions. 

The words used in this subchapter have the meanings set forth below: 

(a) "Bioengineering" is the use of horticultural and landscape planting 
techniques with living materials, in conjunction with grading, earth mov- 
ing and conventional soil stabilization stmctures, to produce a self-rep- 
airing, low-cost composite bank or channel. 

(b) "Citizens' Group" is an organization of the public which has no of- 
ficial governmental status, including but not limited to clubs, societies, 
neighborhood organizations, advisory councils, and non-profit local 
community conservation corps and other non-profit organizations. 

(c) "Co-sponsor" means a local agency involved in planning, flood 
control or waterway management or an individual or citizens' group in- 
terested in floodplain management and stream restoration which, jointly 
with the sponsor, supports and actively participates in a project. There 
may be more than one co-sponsor for a single project. If the sponsor is 
a local agency, at least one co-sponsor must be a citizens' group and 
vice-versa. 

(d) "Department" means the Califomia Department of Water Re- 
sources. 

(e) "Eligible project costs" means reasonable costs associated with 
carrying out a project as described in section 45 1 .3, including the reason- 
able costs of organizing community and/or volunteer groups, engineer- 
ing, land and easement acquisition, legal fees, preparation of the applica- 
tion for funding, preparation of environmental documentation, 
environmental mitigation, and constmction. Costs incurred prior to ap- 
plying for or entering into a contract for grant funding may be reimbursed 
at the Department's discretion. Costs that are not eligible include regular 



operation and maintenance costs, and costs for the purchase of movable 
equipment not an integral part of the project. 

(f) "Endorse" or "Endorser" means a group or individual who expres- 
ses written support for a grant application and may or may not have a 
commitment to actively participate. 

(g) "Enhancement" means the process of improving upon current con- 
ditions, and may be used to describe a program that would result in a 
channel gaining desired features, while considering conditions for fish 
and wildlife. It is distinguishable from "restoration" in that it does not im- 
ply merely a return to natural conditions, but may include the provision 
of recreation or other features that were not part of the natural channel. 

(h) "Flood mitigation measures" refers to selective removal of excess 
sediment or debris deposited during a flood event which is likely to de- 
flect or restrict flows and increase flooding or erosion in the future, bioen- 
gineering projects to restore streambanks damaged during flood events, 
and revegetation efforts to improve the fluvialgeomorphology of 
streams. 

(i) "Local Agency" means any political subdivision of the State of Cal- 
ifornia, including but not limited to any county, city, city and county, dis- 
trict, joint powers agency, local community conservation corps agency, 
or council of governments. 

(j) "Local Community Conservation Corps" is a non-profit benefit 
corporation formed or operating pursuant to Part 2 (commencing with 
Section 5110) of Division 2 of Title 1 of the Corporations Code, or an 
agency operated by a city, or city and county, which is certified by the 
California Conservation Corps under Section 14507.5 of the Public Re- 
sources Code. These organizations may also be referred to as local urban 
conservation corps or local conservation corps to avoid confusion with 
the California Conservation Corps. 

(k) "Nonstmctural" refers to measures which solve flooding or erosion 
problems without physically changing the dimensions of a waterway. 
This may include floodplain zoning, land acquisition, flood insurance, 
watershed management, debris removal, and floodproofing of existing 
stmctures by elevating or building a berm around them, but does not in- 
clude constmcting storage reservoirs or lining channels. 

(/) "Restore" means to reproduce and reestablish the physical and bio- 
logical characteristics of a natural channel which would occur at a given 
location under the current climatic, geologic and hydrologic conditions. 
Either a natural channel that has been damaged or a channel that has been 
modified by human efforts can be restored. 

(m) "Sponsor" means a local agency involved in planning, flood con- 
trol or waterway management or an individual or citizens' group inter- 
ested in floodplain management and stream restoration, which is acting 
as the principal party making the grant application and which will have 
primary responsibility for executing the contract, submitting the invoices 
and receiving reimbursements. 

(n) "Stable" and "stabilize" refer to the state or process of bringing a 
channel to a condition of equilibrium in which the dimensions and gradi- 
ent are appropriately matched to the watershed and the mnoff of water 
and sediment, with the objective to have a self-maintaining system. 

(o) "Stream clearance" refers to removal of garbage, junk and exces- 
sive vegetation to allow for more effective geomorphic functioning of the 
stream, so that there is neither excessive deposition or excessive erosion, 
while maintaining suitable vegetation and woody debris to provide 
aquatic and riparian habitat. 

NOTE; Authority cited: Section 7048, Water Code. Reference: Sections 7048 and 
79062, Water Code. 

History 

1. New section filed 9-20-90; operative 10-10-90 (Register 90, No. 44). 

2. Amendment of secfion and Note filed 5-21-2001 ; operative 6-20-2001 (Reg- 
ister 2001, No. 21). 

3. Amendment filed 12-28-2001; operative 1-27-2002 (Register 2001, No. 52). 

§451.2. Program Purposes. 

(a) The Urban Creek Restoration Program is intended to protect, re- 
store, and enhance urban creek channels by combining effective, low- 
cost flood control with preservation and enhancement of the natural envi- 
ronment. Its purpose is to reduce flooding and erosion in ways which 



Page 30.1 



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§ 451.3 



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Title 23 



restore the ecological viability of creek environments located in predom- 
inantly urban areas, thereby enhancing aesthetic, recreational, and fish 
and wildlife values. 

(b) Urban creek protection, restoration and enhancement are best un- 
dertaken at the local level by a combination of local agencies and citi- 
zens" groups. Local agencies and citizens' groups have the greatest in- 
centive to make the projects successful. Community participation 
reduces the cost of the projects and fosters long-term community com- 
mitment to maintenance of the projects and affected streams. The Urban 
Creek Restoration Program is designed to provide assistance from the 
State to the local effort. 

(c) The Urban Creek Restoration Program is designed to contribute to 
the long-term enhancement and restoration of natural stream corridors 
in the State of California by encouraging projects which contribute to the 
education of the public in methods of stream restoration or stream corri- 
dor management and develop new techniques and innovative technolo- 
gies in the field of stream restoration. 

NOTE: Authority cited: Section 7048. Water Code. Reference; Section 7048, Wa- 
ter Code, Sections 5907(e)(3) and 3919, Public Resources Code. 

History 

1. New section filed 9-20-90; operative 10-10-90 (Register 90, No. 44). 

§ 451 .3. Types of Projects for Which Assistance Is 
Available. 

Planning and financial assistance will be available for projects de- 
signed to accomplish one or more of the objectives listed below: 

(a) Projects designed to organize and/or supervise volunteer labor to 
clear debris from stream channels and perform erosion control and bank 
stabilization work. 

(b) Projects designed to develop and implement stream restoration 
plans. 

(c) Projects designed to use bioengineering techniques to install plant 
materials, rock, netting, mulch, wood fencing, irrigation or drainage sys- 
tems necessary to control erosion or stabilize banks. 

(d) Projects designed to remove culverts or storm drains as needed to 
stabilize and restore channels or accomplish flood control objectives. 

(e) Projects designed to carry out nonstructural flood control actions 
that contribute to the goal to protect, restore and enhance natural stream 
environments, including the acquisition of land, and the elevation, relo- 
cation and/or floodproofing of structures. 

(f) Projects that utilize local community conservation corps and other 
nonprofit corporations for local stream clearance, flood mitigation and 
cleanup activities. 

NOTE: Authority cited; Section 7048, Water Code. Reference; Sections 7048 and 
79062, Water Code. 

History 

1. New section filed 9-20-90; operafive 10-10-90 (Register 90, No. 44). 

2. New subsection (f) and amendment of NoTH filed 5-21-2001; operative 
6-20-2001 (Register 2001, No. 21). 

§ 451 .4. Applications for Financial Assistance. 

(a) Grant funding in an amount not to exceed $1 million per project 
shall be available for eligible project costs associated with projects de- 
scribed in section 45 1 .3 above. Assistance may be given under the Urban 
Creek Restoration Program to projects which involve the assistance or 
participation of Federal or State agencies, so long as those projects are 
sponsored by at least one local agency and at least one citizens' group. 

(b) The Department shall conduct periodic grant application cycles 
based upon availability of funding and the existing pool of projects ap- 
proved for funding. For each grant application cycle, the Department 
shall notify the public that financial assistance is available. Applications 
for funding shall be due 75 days after mailing of the notice. When funding 
constraints require a streamlined application cycle, the notice shall so 
state and applications for funding shall be due 30 days after mailing of 
the notice. Applications may be made for projects to be implemented in 
phases. The Department may require a new application for funding for 
each phase of a project, and may re-evaluate the project during each 
successive application cycle. Unfunded applications from a previous 



cycle may, at the discretion of the Department, be carried over for consid- 
eration in the next application cycle. 

(c) Applicants for financial assistance shall file a written application. 
A complete application shall include, but not be limited to, the following 
information: 

(1) A cover sheet identifying all sponsors, co-sponsors, the program 
manager and any endorsers of the project, and providing information re- 
garding the sponsor' s legal authority to submit the application. Attached 
to the cover sheet shall be a map showing the location of and access to 
the proposed project site. 

(2) A summary statement describing the purpose of the project propos- 
al. The summary statement shall address how the project or plan proposes 
to meet the program objectives set forth in sections 451.2 and 451.3 
above and fits within the goals of California Water Code section 7048, 
and whether the grant will assist in planning or implementation of a creek 
restoration project, or both. 

(3) A description of the stream restoration or watershed management 
techniques the applicant proposes to use. 

(4) A description of the project's relationship to other flood control 
projects, which states whether the proposed project and/or plan supple- 
ments or would be in Heu of a local or cooperative local-federal flood 
control project, and whether it is consistent with applicable local land 
use, water management and/or general plans. If there is any relationship 
between the proposed project and other flood control projects, the de- 
scription shall identify the agencies and organizations involved and sum- 
marize the plans and features of the other projects. 

(5) A description of the proposed project's use of public participation 
in planning, design or implementation of the project. 

(6) A description of the educational benefits to be derived by the public 
and any technical advances or demonstrations of new methods of stream 
restoration or stream corridor management the project may provide. This 
should include a description of the photographs, charts, videotapes, re- 
ports, or other material the applicant plans to develop to illustrate the 
methods used and the results obtained by the project. At the completion 
of the project, copies of these materials are to be submitted to the Depart- 
ment of Water Resources, which shall make them available to the public 
upon request and payment of its reasonable reproduction costs. 

(7) A description of plans for long-term management or maintenance 
of the stream which the project will affect. 

(8) A disclosure of other options available to the applicant to carry out 
the proposed project if the Urban Creek Restoration Program is unable 
to provide full funding, including other potential funding sources. The 
applicant shall identify the priority set by the applicant on various project 
components, to be used in the event partial funding is provided. 

(9) A description of all anticipated local contributions to defray the 
cost of the project, which may include financing, materials, paid or vol- 
unteer labor, administrative services, rights-of-way, easements, equip- 
ment or landfill fees. 

(10) A project budget reflecting all costs associated with the project, 
and designating specifically costs to be covered by the grant request, 
costs to be covered by local contributions and costs to be covered by any 
other source. The budget should quantify costs for planning and design, 
ground area of restoration work, labor, material and equipment require- 
ments, and display the total project budget in relation to the total amount 
of the grant request. 

(1 1) A project schedule designating anticipated start and finish dates, 
and highlighting any times or components which are contingent upon the 
actions of other entities. 

(12) During the administration of this program and the evaluation of 
applications, additional technical, financial, hydrologic, bioengineering, 
soil and water quality, environmental, water rights, legal analyses and 
justifications, and other relevant information may be required by the De- 
partment. 

NOTE: Authority cited; Section 7048, Water Code. Reference; Sections 7048 and 
79062, Water Code. 



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§451.6 



• 



History 

1 . New section filed 9-20-90; operative 10-10-90 (Register 90. No. 44). 

2. Ameiuiment of subsections (a) and (c) and amendment of Noth filed 
5-21-2001; operative 6-20-2001 (Register 2001, No. 21). 

3. Amendment of subsection (b) filed 12-28-2001; operative 1-27-2002 (Regis- 
ter 2001, No. 52). 



§ 451 .5. Priority for Financial Assistance. 

(a) For each application cycle, the Department shall establish a priority 
list pursuant to the requirements of Water Code section 7048(c), after 
considering the recommendations of an interdisciplinary team com- 
prised of technical experts from the Department of Water Resources and 
a representative of the Department of Fish and Game, and based upon the 
following criteria. 

( 1 ) Is the project designed to relieve the magnitude or severity of flood- 
ing and/or to protect property and resources from bank failure? 

(2) Is the project planned in conjunction with or in lieu of local flood 
control projects, and would it result in implementation of more environ- 
mentally sensitive flood management approaches than would otherwise 
be implemented? (Note: Any project that directly conflicts with federally 
authorized and funded flood control projects shall not be funded under 
this program without the consent of the Director.) 

(3) Does the project use cost effective, low maintenance bioengineer- 
ing techniques for flood damage reduction while protecting, restoring 
and enhancing natural environmental values? 

(4) Does the project restore culverted or channehzed segments to a 
condition which optimizes fish passage conditions in fish bearing 
streams and the natural, recreational, and aesthetic values of the stream 
consistent with flood control objectives? 

(5) Does the project incorporate non-stnictura! methods to reduce ur- 
ban flooding and erosion and maintain or improve environmental and so- 
cial benefits. 

(6) Does the project incorporate riparian restoration techniques that 
improve habitat for fish and wildlife? 

(7) Does the project enhance aesthetic, recreational and economic val- 
ues? 

(8) Does the project enjoy broad based public and institutional sup- 
port? 

(9) Does the project incorporate significant participation of local agen- 
cies and citizens' groups in project planning, design or implementation? 
Do the sponsors share in the project costs by providing funds or in kind 
contributions (i.e. administrative/technical services, labor, materials, 
equipment)? 

(10) Does the project provide for collection and distribution of in- 
formation of value to the public regarding either the community involve- 
ment or technical aspects of natural stream restoration? 

(11) Is the project consistent with all relevant local land use, water 
management or general plans? 

( 1 2) Is the project important as an innovation or unprecedented depar- 
ture in the field of stream restoration? 

(13) Is the project of value to the general public? 

(14) Is there a particular need for timely action on this project? 

(15) Are other funding sources available to the applicant? Is the De- 
partment the only likely funding source for this project? Will providing 
this grant allow implementation of a larger, collaborative, multiobjective 
project? 

(16) Is there a need for continuity and final implementation of plans 
previously funded by the Program? 

(b) Applications reviewed shall be considered for partial funding to in- 
crease the number of projects that may be funded. The Department may 
allocate funds for a project in an amount less than the amount requested 
in the application. The Department shall also consider the location and 
size of proposed projects to provide for a reasonable geographic distribu- 
tion of projects and a balance between small and large projects. The De- 
partment will coordinate with CALFED to ensure projects funded are not 
in conflict the CALFED goals and objectives. 



(c) The priority list shall consist of all projects for which funds are allo- 
cated in a given application cycle. The Department may establish a re- 
serve list of projects to which funds may be allocated if applicants on the 
priority list decline grants, abandon their projects, or otherwise fail to use 
the entire amount of funds allocated to them. The Department may estab- 
lish an additional priority list from the remaining pool of qualified appli- 
cants if additional funds become available. 

NOTE: Authority cited: Section 7048, Water Code. Reference: Sections 7048 and 
79062, Water Code. 

History 

1. New section filed 9-20-90; operative 10-10-90 (Register 90, No. 44). 

2. Amendment of section and NOTE filed 5-21-2001 ; operative 6-20-2001 (Reg- 
ister 2001, No. 21). 

3. Amendment of subsection (a)(7) filed 12-28-2001 ;operative 1-27-2002 (Reg- 
ister 2001, No. 52). 



§451.6. Contract Requirements. 

(a) Prior to entering into a contract, representatives of the Department 
may visit the project site to assess its conditions and needs, and then meet 
with all the project sponsors, co-sponsors, endorsers, and any other local 
officials, agencies and/or organizations with an interest in the project to 
develop a work plan. The work plan shall reflect the specific schedule and 
components of the project, and incorporate recommendations made by 
the Department. The work plan shall be attached to and become a part of 
the contract between the Department and the applicant. The Department 
may require all individuals or organizations it believes to be integral to 
the effecUve complefion and long-term maintenance of the project to en- 
dorse the work plan. 

(b) The project sponsors must provide an opportunity for public com- 
ment, unless the Department waives this requirement for good cause. A 
public meeting held to adopt a resolution to support the project or accept 
a grant will satisfy this requirement. Grants that involve trash and debris 
clean up only may be exempted from the public comment requirement. 
A contract will be signed by the Department only after the sponsor pro- 
vides copies of resolutions from the sponsor and all co-sponsors accept- 
ing the grant and authorizing specific individuals to sign the contract on 
the behalf of each. 

(c) The Department may enter into a contract before the sponsors and/ 
or co-sponsors have obtained all applicable permits, but may not dis- 
burse any funds to be used for project construction until the sponsors and/ 
or co-sponsors have complied with all applicable federal, State and local 
laws, rules and regulations, and obtained all required permits. 

(d) All applicable requirements of the California Environmental Qual- 
ity Act (California Public Resources Code sections 21000-21 177) and 
applicable regulations shall be compiled with prior to entering into a con- 
tract. 

(e) If a contract is not signed within six months of the date the priority 
list is approved, the grant may be withdrawn or revised. 

(f) All contracts shall be signed by all the sponsors and co-sponsors. 
If the sponsor is a citizens' group that is not a non-profit corporation, it 
must designate a fiscal agent to act on it's behalf, and provide evidence 
that the fiscal agent agrees to so act. 

(g) The contract shall require the sponsors and/or co-sponsors to sub- 
mit a written report of the project to the Department upon completion. 
The report must include photographs of planning and restoration activi- 
ties and techniques. 

(h) The contract shall include, as part of the work .plan, a plan for the 
long-term management or maintenance of the stream which the project 
will affect. 

(i) The Department may withhold up to 10 percent of the grant amount 
until the project and final report are complete to the Department's satis- 
faction. 

(j) During planning and construction the Department may inspect the 
project at any reasonable time to ensure it is being carried out in accor- 
dance with the work plan, and after completion to ensure that it is being 
properly maintained. 



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§455 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



NOTE: Authority cited: Section 7048, Water Code. Reference: Section 7048, Wa- 
ter Code, Sections 5907(e)(3). 5917. 5918 and 5919, Public Resources Code. 

History 
1. New section filed 9-20-90; operative 10-10-90 (Register 90, No. 44). 

Chapter 2.5. California Safe Drinking Water 

Bond Law of 1976 and California Safe 

Drinking Water Grant Program 

§ 455. Definitions. 

The words used in this subchapter have the meanings provided in Wa- 
ter Code Sections 13857 and 13881 and set forth below: 

(a) "Act" means the California Safe Drinlcing Water Bond Law of 
1976 as set forth in Chapter 10.5, of Division 7 of the Water Code (com- 
mencing at Section 13850), and the California Safe Drinking Water 
Grant Program as set forth in Chapter 10.6 of Division 7 of the Water 
Code (commencing at Section 1 3880) and any amendments thereto. 

(b) "Department of Health" means the State Department of Health Ser- 
vices. 

(c) "Regularly supplies water to at least 25 individuals" as used in Sec- 
tion 13857(c) and 1388 1(b) of the Act, means, when applied to a school, 
that a school must have an attendance of at least 25 students during a 
minimum school year of at least 175 days. 

(d) "Community Water System" means a water system which serves 
at least 1 5 year-round residential service connections or regularly serves 
at least 25 year-round residents. 



(e) "Applicant" means any person or entity applying for financial as- 
sistance under the Act. 

(f) "Eligible Supplier" means a supplier eligible to apply for assistance 
under the Act and this subchapter. 

(g) "Eligible Project" means a project for the construction, improve- 
ment, or rehabilitation of a domestic water system determined to be eligi- 
ble under the Act and meeting the requirements of this subchapter. 

(h) "Eligible Project Costs" means costs associated with (g) above, in- 
cluding the engineering, legal and administrative fees associated with the 
construction, and also including those reasonable costs incuired by the 
applicant to prepare the application and establish eligibility. Eligible 
Project Costs do not include: 

(1 ) Operation and maintenance costs; 

(2) Costs of providing water for industrial use; 

(3) Purchase of equipment or payment of rentals. However, reasonable 
maintenance and depreciation allowances for equipment or machinery 
currently owned or acquired for project purposes by a supplier shall be 
allowed. 

(4) Purchase of existing systems. 

(5) Payment of principal or interest of existing indebtedness or any in- 
terest payments unless: 

(A) The debt is incurred after issuance of a letter of commitment of 
funds by the Department; and 

(B) The Department agrees in writing to the eligibility of the costs for 
reimbursement before the debt is incurred; and 



[The next page is 3 1 . 



Page 30.4 



Register 2001, No. 52; 12-28-2001 



Title 23 



Department of Water Resources 



§462 



(C) The costs for which the debt is incurred are otherwise eligible proj- 
ect costs. 

(6) Establishment of a reserve fund. 

(i) "Environmental Documentation" means written documentation 
prepared in accordance with the California Environmental Quality Act 
(Division 13, Public Resources Code commencing with Section 21000) 
and the State EIR Guidelines (Title 14. Division 6, Chapter 3, Register 
78. No. 5). "Environmental Documentation" includes, but is not limited 
to Notices of Exemption, draft and final ElRs, Initial Studies, Negative 
Declarations, Notices of Completion and Notices of Determination (Title 
14, Section 15026.5, Register No. 78, No. 5). 

(j) "Eligible Domestic Water System" or "Eligible Community Water 
System" means the total water system for which an independent water 
permit has been issued by the Department of Health Services. 
NOTE: Authority cited: Sections 13868 and 13892, Water Code. Reference: Sec- 
tions 13857, 13861, 13868, 13881 and 13882, Water Code. 

History 

1. New Subchapter 2.5 (Sections 455-473) filed 10-7-76; effective thirtieth day 
thereafter (Register 76, No. 41). 

2. Amendment of subsection (d) filed 1 1-24-78; effective thirtieth day thereafter 
(Register 78, No. 47). 

3. Amendment of subsection (o) filed 1-25-79; effective thirtieth day thereafter 
(Regi.ster 79, No. 4). 

4. New subsections (q) and (r) filed 2-14-80; effecUve thirtieth day thereafter 
(Register 80, No. 7). 

5. Amendment of subsection (e) filed 2-29-80 as an emergency; effective upon 
filing (Register 80, No. 9). A Certificate of Compliance must be transmitted to 
OAH within 120 days or emergency language will be repealed on 6-29-80. 

6. Certificate of Compliance including amendment filed 6-17-80 (Register 80, 

No. 25). 

7. Amendment filed 8-1 1-83; effective thirtieth day thereafter (Register 83, No. 

37). 

§ 456. Application Fee. 

No application fee is required to accompany any request for financial 
assistance. 

NOTE: Authority cited: Sections 13868 and 13892, Water Code. Reference: Sec- 
dons 13868, 13883 and 13892, Water Code. 

History 
1 . Repealer of former Section 456, renumbering of former Section 457 to Secfion 

456 and new NOTE filed 8-11-83; effective thirtieth day thereafter (Register 

83, No. 37). 

§ 457. Administrative Fee. 

Payment of an administrative fee for approved loans shall be required 
as authorized by Section 13862 of the Water Code. The administrative 
fee shall be paid by the supplier in the amount of 3 percent of the ap- 
proved loan. The fee may be paid on the same terms and conditions to be 
used for repaying the amount of the loan. 

NOTE: Authority cited: Secfions 13868 and 13892, Water Code. Reference: Sec- 
tion 13862, Water Code. 

History 

1 . Sections 458-473 designated as Article 2 filed 1 1-24-78; effecfi ve thirtieth day 
thereafter (Register 78, No. 47). 

2. Repealer of Article 2 heading, renumbering of former Section 457 to Secfion 
456 and renumbering and amendment of former Section 458 to Secfion 457 filed 
8-11-83; effecfive thirtieth day thereafter (Register 83, No. 37). 

§ 458. Environmental Fee. 

(a) In addition to any administrative fee, the Department may charge 
a reasonable fee where it prepares environmental documentation in ac- 
cordance with the State EIR Guidelines (Title 14, Section 15053). 

(b) The environmental fee shall be calculated and collected as set forth 
in the Department's Regulations for Implementation of the California 
Environmental Quality Act of 1970 (Title 23. Section 503). 

NoTE: Authority cited: Section 21082, Public Resources Code; and Secfion 
13868, Water Code. Reference: Secfion 21089. Public Resources Code. 

History 
1. Amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 
4). 



2. Renumbering and amendment of former Section 458 to Section 457 and renum- 
bering and amendment of former Section 459 to Section 458 filed 8-1 1-83; ef- 
fecfive thirtieth day thereafter (Register 83, No. 37). 

§ 459. Ability to Finance Determination. 

The inability to reasonably finance project construction costs from 
other sources will be determined by the Department to have been estab- 
lished when the Department finds that all of the following conditions ex- 
ist; 

(a) Financial assistance from the Federal Government is not available 
on a timely basis commensurate with the need for the project. 

(b) The applicant cannot market bonds or obtain loans at an interest 
rate which will not impose an unreasonable burden on the supplier or wa- 
ter consumer. Voter denial of a bond issue where voter approval is re- 
quired to issue bonds does not in itself demonstrate inability to reason- 
ably finance from other sources. 

(c) The supplier has no other funds, or sources of funds available on 
reasonable terms, to finance the proposed project. The supplier shall fi- 
nance that porfion of the proposed project for which it is able to obtain 
funds on reasonable terms. 

NOTE: Authority cited: Sections 13868 and 13892, Water Code. Reference: Sec- 
fions 13868, 13886 and 13889, Water Code. 

History 

1 . Amendment of first paragraph preceding subsection (a) filed 1 1-24-78; effec- 
tive thirtieth day thereafter (Register 78, No. 47). 

2. Renumbering and amendment of former Section 459 to Section 458 and renum- 
bering and amendment of former Section 460 to Secfion 459 filed 8-1 1-83; ef- 
fective thirtieth day thereafter (Register 83, No. 37). 

§ 460. Eligible Project Determination. 

An eligible project must meet the following criteria: 

(a) The project is needed in order for the system to meet water quality 
standards specified in Title 17, California Administrafive Code. Part 1. 
Chapter 5, Subchapter 1 ; or. the project is needed in order for the system 
to meet water quantity and pressure requirements of the Waterworks 
Standards. Title 17, California Administrative Code, Chapter 5, Group 
1.1. 

(b) The scope of the project is commensurate with the need of the exist- 
ing community served. Reasonable allowance may be made for future 
water supply needs and additional capacity when excessive cost would 
be incurred by later enlargement. 

(c) The project meets the needs of the community effectively and eco- 
nomically, and other means to meet the needs such as consolidation with 
adjacent water systems or development of alternative sources, are not 
reasonably available or economical. 

NOTE: Authority cited: Secfions 13868 and 13892, Water Code. Reference: Sec- 
tions 13855, 13861, 13864, 13868, 13880, 13885 and 13886, Water Code. 

History 

1 . Renumbering and amendment of former Section 460 to Section 459, renumber- 
ing of former Secfion 461 to Section 460 and new NOTE filed 8-1 1-83; effec- 
five thirtieth day thereafter (Register 83, No. 37). 

§461. Application. 

Applicants for a loan or grant under the Act shall file duplicate applica- 
tions simultaneously with the Department of Water Resources and the 
Department of Health on a form provided by the Department of Water 
Resources. A complete application consists of the form provided by the 
Department and the supporting information required in Section 462. The 
specified supporting information must be attached to, or bound with, the 
application form. 

NOTE: Authority cited: Sections 13868 and 13892, Water Code. Reference: Sec- 
tions 13868.5 and 13883, Water Code. 

History 

1. Amendment filed 1 1-24-78; effecfive thirtieth day thereafter (Register 78, No. 
47). 

2. Renumbering of former Section 461 to Section 460 and renumbering and 
amendment of former Section 462 to Section 461 filed 8-1 1-83; effective thir- 
tieth day thereafter (Register 83, No. 37). 

§ 462. Supporting Information. 

Each application form filed shall be accompanied by the following 
supporting information. The purpose of the supporting information is to 



Page 31 



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§463 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



provide a basis for the Department of Health to place the applicant on the 
priority list and for the Department to determine the applicant' s financial 
eligibility. The supporting information should be based on facts readily 
and reasonably available to the applicant. 

(a) Description of the need for the project including information con- 
cerning system deficiencies. 

(b) Description of proposed project and a sketch map showing project 
features and service areas. (Detailed plans need not be submitted with the 
application, but shall be required after the applicant becomes reachable 
on the priority list.) 

(c) Estimated cost of the project and proposed timetable for project 
completion. 

(d) The amount of financial assistance requested and amount of other 
financing available, such as from local, state or federal sources, internally 
generated funds, and the issue of bonds. 

(e) Information demonstrating inability to reasonably finance the proj- 
ect or some portion of the project from other sources of funding. 

(0 Provide such financial documents as needed to determine the abil- 
ity to repay loan, including tax revenue, and a schedule for repayment. 

(g) Description of measures undertaken, or that will be undertaken as 
part of proposed project, to reduce water consumption, such as use of wa- 
ter-saving devices, meters, etc. 

(h) The basis for applicant's belief that an adequate supply of water is 
available. (Evidence that the applicant has a right to use the water re- 
quired for the project must be submitted before any funds are disbursed.) 

(i) ( 1 ) If the applicant is a public agency, state the form of the docu- 
mentation that the applicant will use to satisfy the requirements of the 
California Environmental Quality Act (Public Resources Code Section 
21000 and following) and the State EIR Guidelines (Title 14, Division 
6, Chapter 3, Register 78, No. 5). Appropriate documentation may con- 
sist of any of the following: a Notice of Exemption, a Negative Declara- 
tion supported by an Initial Study, or a final Environmental Impact Re- 
port. The applicant must provide the appropriate documentation before 
the Department will approve a loan or grant and execute a contract. 

(2) If the applicant is not a public agency, state whether any public 
agency, other than the Department of Health Services has prepared, or 
will prepare the Environmental Documentation for the project. Environ- 
mental documentation must be prepared by the Department of Health 
Services as the Lead Agency, or another public agency, having authority 
over the project and acting as the Lead Agency, before the Department 
may approve the loan and execute a contract. 

(j) Adopt a resolution by the governing body authorizing the supplier 
of water to enter into an agreement with the State and appointing repre- 
sentatives who can sign such agreement. 

(k) Legal opinion as to the applicant's ability to contract with the State 
for a loan shall be supplied to the Department. 

(1) A statement from applicant's Bond Counsel on salability of bonds, 
including interest rates, discounts, terms and associated costs. 

(m) Provide your water rates and those for surrounding communities 
for the past three years. 

(n) Indicate how the water users will be: ( 1 ) fully apprised of the proj- 
ect; (2) offered an opportunity to comment on the desirability of the proj- 
ect; and (3) able to indicate their willingness to pay for the loan for the 
proposed project. (See Section 472.) 

(o) Include other available information to aid in establishing priority 
of the project. (See Section 467.) 

(p) Provide such other information as the Department or the Depart- 
ment of Health Services may require. 

NOTE: Authority cited: Sections 13868 and 13892, Water Code. Reference: Sec- 
tions 13861, 13864, 13865, 13868, 13868.7, 13880. 13882, 13883, 13885 and 
13886, Water Code; and Sections 21002(d), 21080.1-21080.4, 21081 and 
21165-21166, Public Resources Code. 

History 

1. Amendment of subsection (j) filed 1 1-24-78; effective thirtieth day thereafter 
(Register 78, No. 47). 

2. Amendment of subsection (i) filed 1-25-79; effective thirtieth day thereafter 
(Register 79, No. 4). 



3. Amendment of subsections (d)-(g), (j), (k) and new subsections (I)-(p) filed 
2-14-80: effective thirtieth day thereafter (Register 80, No. 7). 

4. Renumbering and amendment of former Section 462 to Section 46 1 and renum- 
bering and amendment of former Section 463 to Section 462 filed 8-1 1-83; ef- 
fective thirtieth day thereafter (Register 83, No. 37). 

§ 463. Water Conservation, 

An applicant must demonstrate that it is using or will agree to under- 
take all reasonable water conservation measures. Water conservation 
means the prudent and careful distribution and use of water to prevent 
waste, unreasonable use, or unreasonable method of use of water. It shall 
be the responsibility of the supplier to implement measures to accom- 
plish such conservation so that the most beneficial use of water can be 
assured. 

NOTE: Authority cited: Sections 13868 and 13892, Water Code. Reference: Sec- 
tions 13868 and 13892, Water Code. 

History 

1 . Renumbering and amendment of former Section 463 to Section 462, renumber- 
ing of former Section 464 to Section 463 and new NOTE filed 8-1 1-83; effec- 
tive thirtieth day thereafter (Register 83, No. 37). 

§ 464. Notice to Applicants. 

The Department shall notify the applicant, in writing, within 90 days 
of receipt of the completed application, of a determination of financial 
eligibility. 

NOTE: Authority cited: Sections 13868 and 13892, Water Code. Reference: Sec- 
tions 13861, 13864, 13865, 13866, 13868, 13880, 13882. 13886 and 13889. Water 
Code. 

History 
1 . Renumbering of former Section 464 to Section 463, renumbering of former Sec- 
tion 465 to Section 464 and new NOTE filed 8-11-83; effective thirtieth day 
thereafter (Register 83, No. 37). 

§ 465. Priority List. 

The Department of Health shall establish a priority list of eligible 
applicants that have met Department of Health eligibility criteria and 
shall determine the order of projects that have been found to be eligible 
for assistance based upon the information provided in the application and 
any other relevant supporting documents, information, or materials. This 
list shall be transmitted from time to time to the Department of Water Re- 
sources for an ability to finance determination. 

NOTE; Authority cited: Section 13868 and 13892, Water Code. Reference: Sec- 
tions 13865, 13868.3 and 13887, Water Code. 

History 

1 . Renumbering of former Section 465 to Secdon 464, renumbering of former Sec- 
tion 466 to Section 465 and new NOTE filed 8-11-83; effective thirtieth day 
thereafter (Register 83, No. 37). 

§ 466. Priority List Procedures. 

(a) The Department of Health, with the advice of the Department, may 
at any time assign a project to a higher priority in case of an emergency 
when improvements are needed to enable a system to produce a safe wa- 
ter. All agencies affected by the change in priorities will be notified of the 
change by the Department of Health. 

(b) The Department of Health shall revise the priority listing of suppli- 
ers at least annually after public notice and hearing and with the advice 
of the Department. 

NOTE: Authority cited: Sections 13868 and 13892, Water Code. Reference: Sec- 
tions 13865, 13868.3 and 13887, Water Code. 

History 
1. Renumbering of former Section 466 to Section 465 and renumbering and 
amendment of former Section 467 to Section 466 filed 8-1 1-83; effective thir- 
tieth day thereafter (Register 83, No. 37). 

§ 467. Priority List Criteria. 

The Department of Health shall use as a guide the following criteria 
in determining the priority of eligible projects (listed in decreasing prior- 
ity): 

(a) Health Considerations (listed in decreasing importance): 

( 1 ) Facilities necessary to comply with primary drinking water stan- 
dards. 

(2) Facilities necessary to comply with secondary drinking water stan- 
dards. 

(3) Facilities necessary to comply with other standards or regulations 
which have only a minimal relationship to the health of water users. 



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(b) Financial Considerations. Applications having a lesser capability 
to reasonably finance the proposed project through other means will re- 
ceive a higher priority than competing projects. 

(c) Special Considerations. In addition to the above criteria, the De- 
partment of Health may consider for priority list purposes, consolidation 
with adjacent water systems and the number of persons served by a sys- 
tem. Community water systems shall receive a higher priority than other 
competing applicants. 

(d) Department considerations. For all other projects, the Department 
shall use the following priorities: 

{ 1 ) First priority to projects which will serve existing urban and subur- 
ban areas and rural towns; 

(2) Second priority to projects which will serve vacant and underuti- 
lized lands within existing developed areas; 

(3) Third priority to projects which will serve contiguous new devel- 
opment. 

(e) When public health hazards or immediate health problems justify 
the use of bond funds for projects not consistent with these priorities, the 
funds shall not be used to pay for additional capacity in excess of that 
needed to serve the existing population and the population that may rea- 
sonably be expected to occupy within ten years those lots that are present- 
ly subdivided but unimproved. 

NOTE: Authority cited: Sections 13868 and 13892, Water Code. Reference: Sec- 
tions 13863 and 13868.3, Water Code. 

History 

1. New subsections (d) and (e) filed 2-14-80; effective thirtieth day thereafter 
(Register 80, No. 7). 

2. Renumbering and amendment of former Section 467 to Section 466, renumber- 
ing of former Section 468 to Section 467 and amendment of NOTE filed 
8-1 1-83; effective thirtieth day thereafter (Register 83, No. 37). 

§ 468. Department of Health Notice to Applicants. 

The Department of Health shall notify each applicant on the priority 
list, in writing, of its position on the priority list and shall inform the appli- 
cant when project plans shall be submitted for approval. 
NOTE: Authority cited: Sections 13868 and 13892, Water Code. Reference: Sec- 
tions 13865, 13868.3, 13868.5, 13886 and 13887, Water Code. 

History 
1 . Renumbering of former Section 468 to Section 467, renumbering of former Sec- 
tion 469 to Section 468 and new NOTE filed 8-1 1-83; effective thirtieth day 
thereafter (Register 83, No. 37). 

§ 469. Department of Health Approval. 

The Department of Health approval of project plans required by Water 
Code Sections 13868.5 and 13886 shall be in writing. 
NOTE: Authority cited: Sections 13868 and 13892, Water Code. Reference: Sec- 
tions 13868.5 and 13886, Water Code. 

History 
1 . Renumbering of former Section 469 to Section 468 and renumbering and 
amendment of former Section 470 to Secdon 469 filed 8-1 1-83; effective thir- 
tieth day thereafter (Register 83, No. 37). 

§ 470. Contract Provisions. 

(a) The following provisions apply to loan contracts and loan-grant 
contracts: 

( 1 ) Entities other than public agencies shall agree to provide security 
for repayment of the loan. This may include a provision for a lien on the 
domestic water system and associated facilities and improvements. 

(2) Every supplier receiving a loan shall retain a Fiscal Agent to collect 
principal and interest payments from the supplier and transmit them to 
the State when due. The services of the Fiscal Agent shall be continued 
until the loan has been fully repaid. 

(3) The term of the loan shall be as short as possible considering the 
ability of the supplier and its customers to repay the loan. If the supplier 
is a regulated pubHc utility and the impact of the loan on water rates 
would be significant, consideration may be given in setting the term of 
the loan to the estimated useful life of the plant to be financed with the 
loan proceeds. 

(4) The contract shall provide for accumulation of necessary reserves 
to assure that funds will be available to make the semi-annual payments 



when due. A reserve of two semi-annual payments shall be accumulated 
during the first ten-year period for all repayment methods except those 
based on the quantity of water used, for which a reserve of four semi-an- 
nual payments shall be accumulated during the first ten years. Half of the 
required reserve balance shall be on deposit by the end of the first five 
years of the repayment period, and the full required reserve balance shall 
be on deposit by the end of the second five years. Reserves shall be main- 
tained at these levels thereafter until the loan is repaid in full. 

(b) The following provisions shall apply to loan contracts, grant con- 
tracts, and loan and grant contracts: 

(1 ) When the project costs exceed the loan, grant or loan-grant com- 
mitment, funds will not be disbursed unul supplier demonstrates acquisi- 
tion of sufficient funds to complete the project. Safe Drinking Water 
funds will not be disbursed until all other sources of funding are ex- 
hausted. If a supplier has received both a loan and a grant, loan funds shall 
be disbursed before grant funds. 

(2) If a contract is not fully executed within one year after the Depart- 
ment transmits a letter of commitment of funds, the letter of commitment 
and associated contract may be withdrawn and the letter of commitment 
and contract renegotiated. 

(3) The supplier shall use the competitive bidding process for all con- 
tracts exceeding $10,000 unless an exception in wrifing has been ob- 
tained from the Department. 

(4) No funds will be disbursed pursuant to the contract until all condi- 
tions in the Department's letter of commitment and in the water permit 
issued by the Department of Health have been met. 

(5) Funds withheld pending completion of project items and contracts 
will not be disbursed until the Department has received a certification 
that the specific item or contract has been completed in accordance with 
the plans and specifications approved by the Department of Health. 

(6) The Department of Health will certify that the project has been 
completed in accordance with approved plans and specifications. 
NOTE: Authority cited: Sections 13868 and 13892, Water Code. Reference: Sec- 
tions 13861 and 13882, Water Code. 

History 
1 . Renumbering and amendment of former Section 470 to Section 469 and renum- 
bering and amendment of former Section 472 to Section 470 filed 8-1 1-83; ef- 
fective thirtieth day thereafter (Register 83, No. 37). For prior history, see Reg- 
ister 80, No. 7. 

§ 471 . Petition for Review. 

An unsuccessful applicant may petition the Department or the Depart- 
ment of Health for a review of an application that has been denied. The 
petition shall be filed within 30 days after the date of notification that the 
appUcation has been denied and may include any information not pre- 
viously submitted that would justify a reconsideration of the application. 
NOTE: Authority cited: Sections 13868 and 13892, Water Code. Reference: Sec- 
tions 13868, 13883 and 13892, Water Code. 

History 
1 . Repealer of former Section 47 1 , renumbering of former Section 473 to Section 

471 and new NOTE filed 8-1 1-83; effective thirtieth day thereafter (Register 

83, No. 37). For prior history, see Register 78, No. 47. 

§ 472. Project Feasibility Meeting. 

(a) To be eligible for disbursement of loan funds, the supplier must 
conduct a Project Feasibility Meeting to inform the public of the purposes 
of the proposed project and to provide a forum for public comment on the 
need for the project and means of financing the project. A Project Feasi- 
bility Meeting is not required if the water supplier is required by law to 
hold an election before entering into the loan contract. For investor- 
owned water companies, the meeting or hearing held by the Public Utili- 
ties Commission may serve as the Project Feasibility Meeting. 

(b) Before a Project Feasibility Meeting, the water supplier shall 

(1 ) Assemble informafion describing the project in a form and location 
that will enable the water users to review it and to make appropriate com- 
ments. 

(2) Establish a date for the meeting agreeable to the Department and 
Department of Health. 



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(3) Notify the Department, the Department of Health, and appropriate 
county heahh agencies in writing at least 20 calendar days before the 
meeting and notify all water users and the local news media in writing at 
least 1 5 calendar days before the meeting. The notice shall state: the date, 
time, location, and purpose of the meeting and the location of information 
describing the project for review by the water users. Sample notice forms 
may be obtained from the Department. 

(4) Obtain a meeting place of sufficient size and at a convenient loca- 
tion to accommodate the anticipated participants. 

(c) The agenda of the meeting shall include the following matters: 

( 1 ) A discussion of applicable health and water works standards, exist- 
ing and potential health hazards associated with the water system, how 
the proposed project will bring the system to minimum health standards, 
and alternative solutions to the problem. 

(2) The supplier shall describe the proposed project in detail, using 
map, charts, etc. The discussion shall include the costs, sources of funds, 
how much the loan/grant will be, and increased water costs resulting 
from the loan. 

(3) A representative of the Department may describe the Act. the De- 
partment's role in its administration and the Department's recommenda- 
tion regarding the supplier's loan application. Persons present at the 
meeting shall be permitted to ask questions regarding all subjects dis- 
cussed at the meeting. 

(d) If no representative of the Department is present at the meeting, the 
supplier shall submit a written report to the Department describing the 
meeting and its outcome including the results of any vote taken. 
NOTE: Authority cited: Section 13868, Water Code. Reference: Section 13868, 
Water Code. 

History 
1 . Renumbering and amendment of former Section 472 to Section 470 and renum- 
bering and amendment of former Section 474 to Section 472 filed 8-1 1-83; ef- 
fective thirtieth day thereafter (Register 83, No. 37). For prior history, see Reg- 
ister 80, No. 7. 

§ 473. Grants Priority. 

The supplier must be listed on the Department of Health Services Safe 
Drinking Water Bond Law Loan Priority List before an application will 
be processed. In addition to the criteria set forth in Water Code Section 
13887, the criteria listed in Section 467 governing priorities for loans 
shall govern priority for grants. 

Note: Authority cited: Section 13892, Water Code. Reference: Sections 13868.3 
and 13887, Water Code. 

History 
1. Renumbering of former Section 473 to Section 471 and renumbering and 
amendment of former Section 477 to Section 473 filed 8-1 1-83; effective thir- 
tieth day thereafter (Register 83, No. 37). 

§ 474. Grant Applications and Legislative Report. 

Applications shall be made as follows: 

(a) An applicant shall apply on a form entitled "APPLICATION FOR 
A LOAN UNDER THE CALIFORNIA SAFE DRINKING WATER 
BONDS LAW OF 1976," and supply supporting information as re- 
quested. As part of the supporting information, the applicant shall submit 
preliminary design work including a cost estimate for the proposed proj- 
ect. The Department shall evaluate the application and supporting infor- 
mation. Upon the determination that the supplier is unable to repay the 
full cost of the needed improvements, the Department will transmit to the 
Legislature a report containing the following: 

(1) Current ranking on the Department of Health Services Loan Prior- 
ity List. 

(2) Health problems indicated. 

(3) Discussion of proposed project and alternatives, including a water 
conservation plan. 

(4) Discussion of system adequacy and compliance with health stan- 
dards after improvements are constructed. 

(5) Cost of proposed project. 

(6) Amount of financing available, source and terms. 

(7) Amount of grant required. 



(8) Demographic data. 

(9) Existing water charges. 

(10) Data on water charges in surrounding areas. 

NOTE: Authority cited: Section 13868, Water Code. Reference: Sections 13883, 
13884, 13886 and 13889, Water Code. 

History 
1 . Renumbering and amendment of former Section 474 to Section 472 and renum- 
bering and amendment of former Section 480 to Section 474 filed 8-1 1-83; ef- 
fective thirtieth day thereafter (Register 83. No. 37). 

§ 475. Grant Eligibility Level. 

Within 90 days of the receipt of a completed application, the Depart- 
ment shall decide the applicant's financial eligibility for a grant. The De- 
partment shall submit a report to the legislature within 60 days of a find- 
ing by the Department that an applicant is unable to fund the entire project 
without a grant. 

NOTE: Authority cited: Section 13868, Water Code. Reference: Section 13884, 
Water Code. 

History 

1 . Repealer of former Section 475 and renumbering and amendment of former 
Section 483 to Section 475 filed 8-11-83; effective thirtieth day thereafter 
(Register83, No. 37). 



Chapter 2.5.1. California Safe Drinking 
Water Bond Law of 1984 

§ 476. Definitions. 

The words used in this subchapter have the meanings provided in Wa- 
ter Code Section 13815 and set forth below: 

(a) "Act" means the California Safe Drinking Water Bond Law of 
1984 as set forth in Chapter 10.2of Division 7 of the Water Code (com- 
mencing at Section 13810) and any amendments thereto. 

(b) "Department of Health Services" means the State Department of 
Health Services. 

(c) "Regularly supplies water to at least 25 individuals" as used in Sec- 
tion 13815(c) of the Act, means, when applied to a school, that a school 
must have an average attendance of at least 25 students per day during 
a minimum school year of at least 175 days. 

(d) "Applicant" means any person or entity applying for financial as- 
sistance under the Act. 

(e) "Eligible Project Costs" means costs associated with an eligible 
project, including the engineering, legal and administrative fees asso- 
ciated with the project, and also including those reasonable costs incurred 
by the applicant to prepare the application and establish eligibility. 

Eligible project costs do not include: 

( 1 ) Operation and maintenance costs. 

(2) Costs of providing water for industrial use. 

(3) Costs for purchase of equipment. 

(4) Payment of principal or interest of existing indebtedness or any in- 
terest payments unless: 

(A) The debt is incurred after issuance of a letter of commitment of 
funds by the Department; and 

(B) The Department agrees in writing to the eligibility of the costs for 
reimbursement before the debt is incurred; and 

(C) The purposes for which the debt is incurred are otherwise eligible 
project costs. 

(5) Establishment of a reserve fund. 

(f) "Environmental documentation" means written documentation 
prepared and filed in accordance with the California Environmental 
Quality Act (Division 13, Public Resources Code commencing with Sec- 
tion 21000) and the State EIR Guidelines (Title 14, Section 15000 et 
seq.). Environmental documentation includes, but is not limited to No- 
tices of Exemption, draft and final Environmental Impact Reports, Initial 
Studies, Negative Declarations, Notices of Completion, and Notices of 
Determination (Title 14, Section 15022). 

NOTE: Authority cited: Section 13834, Water Code. Reference: Sections 13815, 
13819, 13820 and 13834, Water Code. 



Page 34 



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• 



History 

1. New Subchapter 2.5.1 (Sections 476-489, 489.1 and 489.2) filed 12-14-84 as 
an emergency; effective upon filing (Register 84. No. 5 1 ). A Ceilificate of Com- 
pliance must be transmitted to OAL within 120 days or emergency language 
will be repealed 4-15-85. For history of former Sections 476-487. see Regis- 
ters 84. No. 36 and 83, No. 37. 

2. New Subchapter 2.5. 1 (Sections 476-489, 489. 1 and 489.2) refiled 4-1 0-85 as 
an emergency, effective upon filing (Register 85, No. 1 5 ). A Certificate of Com- 
pliance must be transmitted to OAL within 120 days or emergency language 
will be repealed on 8-8-85. 

3. Certificate of Compliance as to 12-14-84 and 4-10-85 orders transmitted to 
OAL 7-26-85 and filed 9-1 1-85 (Register 85, No. 37). 

§ 477. Application Fee. 

No applicant shall be required to pay an application fee. 
NOTIi: Authority cited: Section 13834. Water Code. Reference: Sections 13821 
and 13834. Water Code. 

§ 478. Administrative Fee. 

Each supplier which enters into a contract for a loan will be charged 
an administrative fee in the amount of four percent of the loan. Adminis- 
trative fees for loans shall be paid to the Department under the terms and 
conditions for repayment of loan principal. 

NOTE: Authority cited: Section 13834, Water Code. Reference: Section 13830, 
Water Code. 

§ 479. Supplier's Share of the Cost. 

The applicant shall share the cost of the project if the Department finds 
the applicant has the financial resources to provide a share of the cost 
without borrowing from outside sources. 

NOTK: Authoritv cited: Section 13834, Water Code. Reference: Sections 
13820(b)(3)(E), 13824, 13828 and 13834, Water Code. 

§ 480. Priority List. 

(a) The priority list to be established by the Department of Health Ser- 
vices shall list suppliers in descending order of the seveiity of the defi- 
ciencies in their domestic water systems. The Department of Health Ser- 
vices may place a supplier on the priority list on the basis of such 
deficiencies whether or not the supplier has requested such placement. 

(b) Suppliers interested in placement on the priority list shall file a 
priority list application with the Department of Health Services. Priority 
list application forms may be obtained from the Department of Health 
Services. 

(c) After the priority list is established, the Department of Health Ser- 
vices shall notify each supplier of its position on the list. 

(d) The Department of Health Services may solicit applications for 
funding under the Act from suppUers on the priority list. 

(e) Placement of a supplier on the priority list does not constitute a 
commitment to fund a project, reserve funds for a particular project, or 
require projects to be funded in a particular order. 

(f) A supplier must be placed on the priority list before applying for 
funding under Section 483. 

(g) After the priority list is established, the Department and the Depart- 
ment of Health Services shall make a preliminary determination as to the 
probable number of suppliers on the list which could be given financial 
assistance within the funding limits of the Act. The determination shall 
be revised from time to time as additional information regarding project 
costs and actual number of applications becomes available. The determi- 
nation of which suppliers are most likely to fall within funding limits 
shall be used to advise suppliers regarding whether or not it would be ad- 
visable to file an application for funding. 

NOTH: Authority cited: Secdon 13834, Water Code. Reference: Sections 13825, 
13826 and 13836, Water Code. 

§ 481 . Priority Classes. 

Each Supplier on the priority list shall be assigned to one of the follow- 
ing priority classes: 

Class A: Action is necessary to alleviate significant and documented 
public health hazards involving illness or to respond to a court-ordered 
compliance schedule. 



Class B: Action is necessary to correct documented violations of pri- 
mary drinking water .standards established by the Department of Health 
Services. 

Class C: Action is necessary to correct significant physical defects that 
affect a system's ability to meet primary standards. 

Class D: Action is necessary to correct secondary drinking water stan- 
dards violations. 

Class E: Action is necessary to correct physical defects or waterworks 
deficiencies that do not result in violations of primary or secondary stan- 
dards. 

NOTE: Authority cited: Section 13834, Water Code. Reference: Sections 13825. 
13826 and 13836, Water Code. 

§ 482. Ranking Within Priority Class. 

The Department of Health Services shall rank suppliers within a prior- 
ity class according to the relative severity of the water quality problem 
involved. Consideration will be given to the following factors when rank- 
ing projects: 

(a) Length of time violation has existed: Suppliers with chronic viola- 
tions will be ranked above suppliers with recent violations. 

(b) Compliance enforceinent actions: Suppliers required to correct de- 
ficiencies idenfified in compliance enforcement actions will be ranked 
above suppliers not under compliance enforcement action. 

(c) Population: Suppliers that serve larger populations will be ranked 
above suppliers serving smaller populaUons when other factors are 
equal. 

Note: Authority cited: Section 13834, Water Code. Reference: Sections 13825, 
13826 and 13836, Water Code. 

§ 483. Application for Funding. 

Applicants for a loan or grant under the Act shall file a complete appli- 
cation in triplicate with the Department and the Department of Health 
Services on a form entitled "APPLICATION FOR A LOAN UNDER 
THE CALIFORNIA SAFE DRINKING WATER BOND LAW." A 
complete application consists of the above form supported by the follow- 
ing information: 

(a) Project Eligibility: 

( 1 ) A description of the need for the project including information con- 
cerning system deficiencies shall be provided by the applicant. 

(2) A description of the proposed project and a sketch map showing 
project features and service areas. 

(b) Financial, Legal, and Contractual Eligibility: 

( 1 ) An esdmaled cost of the project and proposed timetable for project 
completion. 

(2) The amount of financial assistance requested and the amount of the 
financing available, such as from local, state or federal sources, internally 
generated funds, and the issuance of bonds. 

(3) A list of cash reserves and any planned uses of those reserves. 

(4) All financial documents as needed to determine the ability to repay 
a loan, including tax revenue, a schedule for repayment, and plans for di- 
viding costs among system users. 

(5) Proof that an adequate supply of water is available to meet the 
needs of the project. Evidence that the applicant has aright to use the wa- 
ter required for the project must be submitted before an application may 
be approved for funding. 

(6) If the applicant is a public agency, for every action which is a proj- 
ect within the meaning of Public Resources Code Section 21065, stale 
which form of documentation will be used to satisfy the requirements of 
the California Environmental Quality Act (Public Resources Code Sec- 
tion 21000et seq.) and the State EIR Guidelines (Title 14, Secfion 15()()() 
et seq.). Appropriate documentation may consist of any of the following: 
a Notice of Exemption, a Negative Declaration supported by an Initial 
Study, or a final Environmental Impact Report. The applicant must pro- 
vide the appropriate filed documentafion including a Notice of Determi- 
nation, before the Department will approve funding and execute a con- 
tract. 

(7) If the applicant is not a public agency, state whether any public 
agency other than the Department of Health Services has prepared, or 



Page 35 



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will prepare the environmental documentation for the project. Environ- 
mental documentation must be prepared by the Department of Health 
Services as the Lead Agency, or another public agency having approval 
authority over the project and acting as the Lead Agency, before the De- 
partment may approve the loan and execute a contract. 

(8) A description of the applicant's water rales and those for surround- 
ing communities for the past three years. 

(9) A Legal opinion as to the applicant's authority to contract with the 
State for a loan and to repay the loan. 

( 10) A resolution by the applicant's governing body authorizing an of- 
ficer to apply for a Safe Drinking Water loan. 

(1 1 ) A summary of the competitive bidding requirements imposed on 
the applicant by statute or ordinance. 

(12) Such other supporting information as the Department or the De- 
partment of Health Services may require. 

(13) With the advice of the Department a description of possible capi- 
tal improvements which will conserve water in a cost effective manner. 
NOTE; Authority cited: Section 13834, Water Code. Reference: Sections 13819, 
13820, 13821. 13823, 13824, 13826, 13834 and 13838, Water Code; and Sections 
21002(d), 21080.1-21080.4, 21081 and 21165-21166, Public Resources Code. 

§ 484. Loan Application Requirement for Grant. 

A public agency is not eligible for a grant unless it has applied for a 
loan and has been found by the Department to be unable to repay the full 
amount of the loan. 

NOTE: Authority cited: Section 13834, Water Code. Reference: Section 13828, 
Water Code. 

§ 485. Preliminary Approval of Project. 

(a) Within 90 days after receipt of a completed application, the Depart- 
ment of Health Services shall determine whether the project as proposed 
is "necessary" pursuant to Water Code Section 13823 and determine 
whether to approve or disapprove project plans, and notify the applicant 
of its decision. 

(b) In determining whether the project is necessary, the Department of 
Health Services shall consider the availability and cost of alternatives to 
the project such as consolidation with adjacent water systems or develop- 
ment of alternative sources. 

NOTE: Authority cited: Section 13834, Water Code. Reference: Section 13823, 
Water Code. 

§ 486. Eligibility for Funding. 

(a) The Department shall notify an applicant regarding eligibility for 
funding by loan or grant within 90 days of the Department of Health Ser- 
vices' approval of project plans, provided the applicant has furnished all 
documentation required by the Department to render a decision. 

(b) Funding will not be provided to pay for additional capacity in ex- 
cess of that needed to accommodate the needs of existing populations and 
population growth that may reasonably be expected within ten years. 

(c) All other factors being equal (including degree of financial need, 
submission of completed applications and approval of project plans by 
the Department of Health Services), applicants with lower numbers 
(higher priority) on the priority list shall receive preference in funding 
over applicants with higher numbers (lower priority). 

(d) Within 60 days of notifying an applicant of eligibility for a grant, 

the Department shall submit its report to the Legislature. 

NOTE: Authority cited: Section 13834, Water Code. Reference: Sections 
13819(b), 13820(a), 13821 and 13823-13826, Water Code. 

§ 487. Appeal of Denied Application. 

An unsuccessful applicant may appeal for a review of an application 
that has been denied. The petition shall be filed within thirty days after 
the date of written notification that the application has been denied and 
may include any information not previously submitted that would justify 
a reconsideration of the application. 

NOTE: Authority cited: Section 13834, Water Code. Reference: Section 13821, 
Water Code. 



§ 488. Contract Provisions. 

(a) The following provisions apply to loan contracts and loan-grant 
contracts: 

( 1 ) Suppliers other than public agencies shall provide security for re- 
payment of the loan. This may include a provision for a lien on the do- 
mestic water system and associated facilities and improvements, and 
liens on other real and personal property belonging to the supplier. 

(2) Every supplier receiving a loan shall retain a Fiscal Agent to collect 
principal and interest payments from the supplier and transmit them to 
the State when due. The services of the Fiscal Agent shall be continued 
until the loan has been fully repaid. A public agency may employ the ser- 
vices of its county controller or treasurer as Fiscal Agent. 

(3) The term of the loan shall be as short as possible considering the 
ability of the supplier and its customers to repay the loan. If the impact 
of the loan on water rates would be significant, consideration may be giv- 
en, in setting the term of the loan, to the estimated useful life of the project 
to be financed with the loan proceeds. 

(4) The contract shall require the supplier to deposit with its Fiscal 
Agent sufficient reserves to assure that funds will be available to make 
the semiannual payments when due. A reserve of two semiannual pay- 
ments shall be accumulated during the first ten-year period for all repay- 
ment methods except those based on the quantity of water used, for which 
a reserve of four semiannual payments shall be accumulated during the 
first ten years. Half of the required reserve balance shall be on deposit by 
the end of the second five years. Reserves shall be maintained at these 
levels thereafter until the loan is repaid in full. 

(b) The following provisions shall apply to loan contracts, grant con- 
tracts, and loan-grant contracts: 

( 1 ) Except as otherwise authorized by the Department, when the proj- 
ect costs exceed the loan, grant, or loan-grant commitment, no State 
funds shall be disbursed until the supplier demonstrates acquisition of 
sufficient funds to complete the project. No State funds shall be disbursed 
until all other sources of funds have been exhausted. If a supplier has re- 
ceived both a loan and a grant, all loan funds shall be disbursed before 
grant funds. 

(2) If a contract is not fully executed within one year after the Depart- 
ment transmits a letter of commitment of funds, the letter of commitment 
and associated contract may be withdrawn and the letter of commitment 
and contract renegotiated. 

(3) The supplier shall use the competitive bidding process for all con- 
tracts exceeding $10,000 unless an exception in writing has been ob- 
tained from the Department. A supplier seeking a waiver of the contrac- 
tual competitive bidding requirement shall make a written request to the 
Department which sets forth the reasons for the request and demonstrates 
that no statute or ordinance iinposing competitive bidding requirements 
on the supplier will be violated if the waiver is granted. In addition, appli- 
cants shall obtain the written consent of the Department of Health Ser- 
vices before using the services of their own employees to perform engi- 
neering or construction work on the project. 

(4) No funds will be disbursed pursuant to the contract until all condi- 
tions in the Department's commitment and in the water permit, issued by 
the Department of Health Services have been met. 

(5) Funds withheld pending completion of project items and contracts 
will not be disbursed until the Department has received written certifica- 
tion that the specific item or contract has been completed in accordance 
with the plans and specifications approved by the Department of Health 
Services. 

NOTE: Authority cited: Section 13834, Water Code. Reference: Sections 13819 
and 13820, Water Code. 

§ 489. Project Feasibility Meeting. 

(a) Before the contract is executed the supplier must conduct a Project 
Feasibility Meeting to inform the public of the purpose of the proposed 
project and to provide a forum for public comment on the need for the 
project and means of financing the project. A Project Feasibility Meeting 
is not required if the supplier is required by law to hold an election before 



Page 36 



(4-1-90) 



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Department of Water Resources 



§491 



entering into the loan contract. For investor-owned utilities, meetings or 
hearings held by the Public Utilities Commission may serve as Project 
Feasibility Meetings. 

(b) Before a Project Feasibility Meeting, the supplier shall: 

( 1 ) Make available information describing the project in a form and lo- 
cation that will enable the water users to review it and to make appropri- 
ate comments. The information must be made available for a period of 
at least fifteen days before the Project Feasibility Meeting. 

(2) Establish a date for the meeting agreeable to the Department and 
Department of Health Services. 

(3) Notify the Department, the Department of Health Services and ap- 
propriate county health agencies in writing at least twenty calendar days 
before the meeting, and notify all water users and the local news media 
in writing at least fifteen calendar days before the meeting. The notice 
shall state: the date, time, location, and purpose of the meeting and the 
location of information describing the project for review by the water us- 
ers. Sample notice forms will be provided by the Department. 

(4) Obtain a meeting place of sufficient size and at a convenient loca- 
tion to accommodate the anticipated attendance. 

(c) The agenda of the meeting shall include the following matters: (1) 
A discussion of applicable public health and water works standards, ex- 
isting and potential health hazards associated with the water system, how 
the proposed project will bring the system to minimum health standards, 
and alternative solutions to the problem. (2) The supplier shall describe 
the proposed project in detail, using maps, charts, and other illustrative 
devices, if appropriate. The discussion shall include the costs, sources of 
funds, the amount of the loan-grant commitment, and changes in water 
costs resulting from the project. 

(3) A representative of the State may describe the Act, the State's role 
in its administration and the Department's recommendation regarding 
the supplier's loan application. Persons present at the meeting shall be 
permitted to ask questions regarding all subjects discussed at the meet- 
ing. 

(d) If no representative of the Department is present at the meeting, the 
supplier shall submit an official written report to the Department describ- 
ing the meeting and its outcome including the results of any vote taken. 
NOTE: Authority cited: Section 13834, Water Code. Reference: Section 13834, 
Water Code. 

§ 489.1 . Plans and Specifications. 

Before commencing construction, each Supplier shall provide de- 
tailed plans and specifications to the Department of Health Services for 
review and approval by a registered Civil Engineer employed by the De- 
partment of Health Services. Unless otherwise authorized in writing by 
the Department of Health Services, the supplier shall not commence con- 
struction without written notification from the Department of Health Ser- 
vices that the plans and specifications have been approved. 
Note; Authority cited: Section 13834, Water Code. Reference: Section 13837, 
Water Code. 

§ 489.2. Certification of Completion. 

Department of Health Services shall inspect the completed project and 
if satisfied that the project has been completed in accordance with ap- 
proved plans and specifications, shall provide the supplier and the De- 
partment with written certification to that effect. 

Note: Authority cited: Section 13834, Water Code. Reference: Section 13834, 
Water Code. 

Chapter 2.6. Weather Resources 
Management 

Note: Authority cited: Sections 161, 401, 403 and 6078, Water Code. Reference: 
Sections 401, 402 and 403, Water Code and Sections 21000 et seq., Public Re- 
sources Code. 

History 

1 . New Subchapter 2.6 (Articles 1-5, Sections 490-495.03, not consecutive) filed 
9-28-79; effective thirtieth day thereafter (Register 79, No. 39). 

2. Repealer of Subchapter 2.6 (Articles 1-5, Sections 490-495.03, not consecu- 
tive, not previously repealed by OAL Order of Repeal) filed 6-5-86; effective 



thirtieth day thereafter (Register 86, No. 23). For prior history, see Register 85, 
No. 26: 81, Nos. 40 and 38^; and 80, No. 7. 



Chapter 2.7. Model Water Efficient 
Landscape Ordinance 

§ 490. Purpose. 

(a) The State Legislature has found: 

( 1 ) that the limited supply of state waters are subject to ever increasing 
demands; 

(2) that California's economic prosperity depends on adequate sup- 
plies of water; 

(3) that state policy promotes conservation and efficient use of water; 

(4) that landscapes provide recreation areas, clean the air and water, 
prevent erosion, offer fire protection, and replace ecosystems displaced 
by development; and 

(5) that landscape design, installation, and maintenance can and 
should be water efficient. 

(b) Consistent with the legislative findings, the purpose of this model 
ordinance is to: 

(1) promote the values and benefits of landscapes while recognizing 
the need to invest water and other resources as efficiently as possible; 

(2) establish a structure for designing, installing, and maintaining wa- 
ter efficient landscapes in new projects; and 

(3) establish provisions for water management practices and water 
waste prevention for established landscapes. 

NOTE: Authority cited: Sections 65591.5 and 65594, Government Code. Refer- 
ence; Sections 65591, 65591.5 and 65597, Government Code. 

History 
1. New chapter 2.7 (sections 490-495) filed 7-31-92; operative 7-3 1 -92 (Regis- 
ter 92, No. 32). 

§491. Definitions. 

The words used in this ordinance have the meaning set forth below: 

(a) "anti-drain valve" or "check valve" means a valve located under 
a sprinkler head to hold water in the system so it minimizes drainage from 
the lower elevation sprinkler heads. 

(b) "application rate" means the depth of water applied to a given area, 
usually measured in inches per hour. 

(c) "applied water" means the portion of water supplied by the irriga- 
tion system to the landscape. 

(d) "automatic controller" means a mechanical or solid state timer, ca- 
pable of operating valve stations to set the days and length of time of a 
water application. 

(e) "backflow prevention device" means a safety device used to pre- 
vent pollution or contamination of the water supply due to the reverse 
flow of water from the irrigation system. 

(f) "conversion factor (0.62)" means a number that converts the maxi- 
mum applied water allowance from acre-inches per acre per year to gal- 
lons per square foot per year. The conversion factor is calculated as fol- 
lows: 

(325,851 gallons/ 43,560 square feet)/12 inches = (0.62) 
325,851 gallons = one acre foot 
43,560 square feet = one acre 
12 inches = one foot 
To convert gallons per year to 100-cubic-feet per year, another com- 
mon billing unit for water, divide gallons per year by 748. (748 gallons 
= 100 cubic feet.) 

(g) "ecological restoration project" means a project where the site is 
intentionally altered to establish a defined, indigenous, historic ecosys- 
tem. 

(h) "effective precipitation" or "usable rainfall" means the portion of 
total precipitation that is used by the plants. Precipitation is not a reliable 
source of water, but can contribute to some degree toward the water needs 
of the landscape. 

(i) "emitter" means drip irrigation fittings that deliver water slowly 
from the system to the soil. 



Page 37 



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§492 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



(j) "established landscape" means the point at which plants in the 
landscape have developed roots into the soil adjacent to the root ball. 

(k) "establishment period" means the first year after installing the 
plant in the landscape. 

(/) "Estimated Applied Water Use" means the portion of the Estimated 
Total Water Use that is derived from applied water. The Estimated 
Applied Water Use shall not exceed the Maximum Applied Water Al- 
lowance. The Estimated Apphed Water Use may be the sum of the water 
recommended through the irrigation schedule, as referenced in Section 
492(c)(3). 

(m) "Estimated Total Water Use" means the annual total amount of 
water estimated to be needed to keep the plants in the landscaped area 
healthy. It is based upon such factors as the local evapotranspiration rate, 
the size of the landscaped area, the types of plants, and the efficiency of 
the irrigation system, as described in Section 492(c)(4). 

(n) "ET adjustment factor" means a factor of 0.8, that, when applied 
to reference evapotranspiradon, adjusts for plant factors and irrigation 
efficiency, two major influences upon the amount of water that needs to 
be applied to the landscape. 

A combined plant mix with a site-wide average of 0.5 is the basis of 
the plant factor porfion of this calculation. Tlie irrigation efficiency for 
purposes of the ET Adjustment Factor is 0.625. 

Therefore, the ET Adjustment Factor (0.8) = (0.5/0.625). 

(o) "evapotranspiration" means the quantity of water evaporated from 
adjacent soil surfaces and transpired by plants during a specific time. 

(p) "flow rate" means the rate at which water flows through pipes and 
valves (gallons per minute or cubic feet per second). 

(q) "hydrozone" means a portion of the landscaped area having plants 
with similar water needs that are served by a valve or set of valves with 
the same schedule. A hydrozone may be irrigated or non-irrigated. For 
example, a naturalized area planted with native vegetation that will not 
need supplemental irrigation once established is a non-irrigated hydro- 
zone. 

(r) "infiltration rate" means the rate of water entry into the soil ex- 
pressed as a depth of water per unit of time (inches per hour). 

(s) "irrigation efficiency" means the measurement of the amount of 
water beneficially used divided by the amount of water applied. Irriga- 
tion efficiency is derived from measurements and estimates of irrigation 
system characterisfics and management practices. The minimum irriga- 
tion efficiency for purposes of this ordinance is 0.625. Greater irrigation 
efficiency can be expected from well designed and maintained systems. 

(t) "landscape irrigation audit" means a process to perform site inspec- 
tions, evaluate irrigation systems, and develop efficient irrigation sched- 
ules. 

(u) "landscaped area" means the entire parcel less the building foot- 
print, driveways, non-irrigated portions of parking lots, hardscapes- 
such as decks and patios, and other non-porous areas. Water features are 
included in the calculation of the landscaped area. Areas dedicated to ed- 
ible plants, such as orchards or vegetable gardens are not included. 

(v) "lateral line" means the water delivery pipeline that supplies water 
to the emitters or sprinklers from the valve. 

(w) "main line" means the pressurized pipeline that delivers water 
from the water source to the valve or outlet. 

(x) "Maximum Applied Water Allowance" means, for design pur- 
poses, the upper limit of annual applied water for the established land- 
scaped area as specified in Section 492(c)(2). It is based upon the area's 
reference evapotranspiration, the ET Adjustment Factor, and the size of 
the landscaped area. The Estimated Applied Water Use shall not exceed 
the Maximum Applied Water Allowance. 

(y) "mined-land reclamation projects" means any surface mining op- 
eration with a reclamation plan approved in accordance with the Surface 
Mining and Reclamation Act of 1975. 

(z) "mulch" means any material such as leaves, bark, straw or other 
materials left loose and applied to the soil surface for the beneficial pur- 
pose of reducing evaporation. 



(aa) "operating pressure" means the pressure at which a system of 
sprinklers is designed to operate, usually indicated at the base of a sprin- 
kler. 

(bb) "overhead sprinkler irrigation systems" means those with high 
flow rates (pop-ups, impulse sprinklers, rotors, etc.) 

(cc) "overspray" means the water which is delivered beyond the land- 
scaped area, welting pavements, walks, structures, or other non-land- 
scaped areas. 

(dd) "plant factor" means a factor that when multiplied by reference 
evapotranspiration, estimates the amount of water used by plants. For 
purposes of this ordinance, the average plant factor of low water using 
plants ranges from to 0.3, for average water using plants the range is 
0.4 to 0.6, and for high water using plants the range is 0.7 to 1.0. 

(ee) "rain sensing device" means a system which automatically shuts 
off the irrigation system when it rains. 

(ff) "record drawing" or "as-builts" means a set of reproducible draw- 
ings which show significant changes in the work made during construc- 
tion and which are usually based on drawings marked up in the field and 
other data furnished by the contractor. 

(gg) "recreational area" means areas of active play or recreation such 
as sports fields, school yards, picnic grounds, or other areas with intense 
foot traffic. 

(hh) "recycled water," "reclaimed water," or "treated sewage effluent 
water" means treated or recycled waste water of a quality suitable for 
nonpotable uses such as landscape irrigation; not intended for human 
consumption. 

(ii) "reference evapotranspiration" or "ETo" means a standard mea- 
surement of environmental parameters which affect the water use of 
plants. ETo is given in inches per day, month, or year as represented in 
Section 495, and is an estimate of the evapotranspiration of a large field 
of four- to seven-inch tall, cool-season grass that is well watered. Refer- 
ence evapotranspiration is used as the basis of determining the Maximum 
Applied Water Allowances so that regional differences in climate can be 
accommodated. 

(jj) "rehabilitated landscape" means any relandscaping project that re- 
quires a permit. 

(kk) "run off means water which is not absorbed by the soil or land- 
scape to which it is applied and flows from the area. For example, run off 
may result from water that is applied at too great a rate (application rate 
exceeds infiltration rate) or when there is a severe slope. 

(//) "soil moisture sensing device" means a device that measures the 
amount of water in the soil. 

(mm) "soil texture" means the classification of soil based on the per- 
centage of sand, silt, and clay in the soil. 

(nn) "sprinkler head" means a device which sprays water through a 
nozzle. 

(oo) "static water pressure" means the pipeline or municipal water 
supply pressure when water is not flowing. 

(pp) "station" means an area served by one valve or by a set of valves 
that operate simultaneously. 

(qq) "turf means a surface layer of earth containing mowed grass with 
its roots. Annual bluegrass, Kentucky bluegrass. Perennial ryegrass. Red 
fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyu- 
grass. Seashore paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo 
grass are warm-season grasses. 

(rr) "valve" means a device used to control the flow of water in the irri- 
gation system. 

(ss) "water conservation concept statement" means a one-page check- 
list and a narrative summary of the project as shown in Section 492(c)( 1). 
Note: Authority cited: Section 65594, Government Code. Reference: Section 
65597, Government Code. 

History 
1. New section filed 7-31-92; operative 7-31-92 (Register 92, No. 32). 

§ 492. Provisions for New or Rehabilitated Landscapes. 

(a) Applicability. 



Page 38 



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Title 23 



Department of Water Resources 



§492 



( 1 ) Except as provided in Section 492(a)(3), this section shall apply to: 

(A) all new and rehabilitated landscaping for public agency projects 
and private development projects that require a permit; and 

(B) developer-installed landscaping in single-family and multi-fami- 
ly projects. 

(2) Projects subject to this section shall conform to the provisions in 
Section 492. 

(3) This section shall not apply to: 

(A) homeowner-provided landscaping at single-family and multi-fa- 
mily projects; 

(B) cemeteries; 

(C) registered historical sites; 

(D) ecological restoration projects that do not require a permanent irri- 
gation system; 

(E) mined-land reclamation projects that do not require a permanent 
irrigation system; or 

(F) any project with a landscape area less than 2,500 square feet, 
(b) Landscape Documentation Package 

(1) A copy of the landscape documentation package conforming to 
this chapter shall be submitted to the city or county. No permit shall be 
issued until the city or county reviews and approves the landscape docu- 
mentation package. 

(2) A copy of the approved landscape documentation package shall 
be provided to the property owner or site manager along with the record 
drawings and any other information normally forwarded to the property 
owner or site manager. 

(3) A copy of the Water Conservation Concept Statement and the Cer- 
tificate of Substantial Completion shall be sent by the project manager 



to the local retail water purveyor. 

(4) Each landscape documentation package shall include the follow- 
ing elements, which are described in Section 492(c): 

(A) Water Conservation Concept Statement 

(B) Calculation of the Maximum AppHed Water Allowance 

(C) Calculation of the Estimated Applied Water Use 

(D) Calculation of the Estimated Total Water Use 

(E) Landscape Design Plan 

(F) Irrigation Design Plan 

(G) Irrigation Schedules 
(H) Maintenance Schedule 

(I) Landscape Irrigation Audit Schedule 
(J) Grading Design Plan 
(K) Soil Analysis 

(L) Certificate of Substantial Completion. (To be submitted after in- 
stallation of the project). 

(5) If effective precipitation is included in the calculation of the Esti- 
mated Total Water Use, then an Effective Precipitation Disclosure State- 
ment from the landscape professional and the property owner shall be 
submitted with the Landscape Documentation Package. 

(C) Elements of Landscape Documentation Package 

(1) Water Conservation Concept Statement 

Each landscape documentation package shall include a cover sheet, 
referred to as the Water Conservation Concept Statement similar to the 
following example. It serves as a check list to verify that the elements of 
the landscape documentation package have been completed and has a 
narrative summary of the project. 



Page 38.1 



Register 92, No. 32; 8-7-92 



§492 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23 

Sample Water Conservation Concept Statement 



Project Site: Project Number: 

Project Location: 

Landscape Architect/Irrigation Designer/Contractor: 



Included in this project submittal package are: 
(Check to indicate completion) 



1. Maximum Applied Water Allowance: 

gallons or cubic feet/year 

2. Estimated Applied Water Use: 

gallons or cubic feet/year 

2. (a) Estimated Amount of Water Expected from Effective Precipitation: 

gallons or cubic feet/year 

3. Estimated Total Water Use: 

gallons or cubic feet/year 

Note: *If the design assumes that a part of the Estimated Total Water Use will be provided by pre- 
cipitation, the Effective Precipitation Disclosure Statement in Section 494 shall be completed and 
submitted. 



• 



4. 


Landscape Design Plan 


5. 


Irrigation Design Plan 


6. 


Irrigation Schedules 


7. 


Maintenance Schedule 


8. 


Landscape Irrigation Audit Schedule 


9. 


Grading Design Plan 


10. 


Soil Analysis 



Page 38.2 Register 92, No 32; 8-7-92 



Title 23 Department of Water Resources § 492 

(Sample Water Conservation Concept Statement, continued) 



Description of Project 

(Briefly describe the planning and design actions that are intended to achieve conservation and efficiency in water 

use.) 



Date: Prepared By: 



Page 38.3 Register 92, No. 32; 8-7-92 



§492 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



(2) The Maximum Applied Water Allowance 

(A) A project's Maximum Applied Water Allowance shall be calcu- 
lated using the following formula: 

MAWA = (ETo) (0.8) (LA) (0.62) where: 

MAWA = Maximum Applied Water Allowance (gallons per year) 

ETo = Reference Evapotranspiration (inches per year) 

0.8 = ET Adjustment Factor 

LA = Landscaped Area (square feet) 

0.62 = conversion factor (to gallons per square foot) 

(B) Two example calculations of the Maximum Applied Water Allow- 
ance are: 

(i) PROJECT SITE ONE: Landscaped area of 50,000 sq. ft. in Fresno 

MAWA = (ETo) (.8) (LA) (.62) 

= (51 inches) (.8) (50,000 square feet) (.62) 

Maximum Applied Water Allowance = 1 ,264,800 gallons per year (or 
1,691 hundred-cubic-feet per year: 1,264,800/748=1,691) 

(ii) PROJECT SITE TWO: Landscaped area of 50,000 sq. ft. in San 
Francisco 

MAWA = (ETo) (.8) (LA) (.62) 

= (35 inches) (.8) (50,000 square feet) (.62) 

Maximum Applied Water Allowance = 868,000 gallons per year (or 
1 , 1 60 hundred-cubic-feet per year) 

(C) Portions of landscaped areas in public and private projects such as 
parks, playgrounds, sports fields, golf courses, or school yards where turf 
provides a playing surface or serves other recreational purposes are con- 
sidered recreational areas and may require water in addition to the Maxi- 
mum Applied Water Allowance. A statement shall be included with the 
landscape design plan, designating recreational areas to be used for such 
purposes and specifying any needed amount of additional water above 
the Maximum Applied Water Allowance. 

(3) Estimated Applied Water Use 

(A) The Estimated Applied Water Use shall not exceed the Maximum 
Applied Water Allowance. 

(B) A calculation of the Estimated Applied Water Use shall be sub- 
mitted with the Landscape Documentation Package. It may be calculated 
by summing the amount of water recommended in the irrigation sched- 
ule. 

(4) Estimated Total Water Use 

(A) A calculation of the Estimated Total Water Use shall be submitted 
with the Landscape Documentation Package. The Estimated Total Water 
Use may be calculated by summing the amount of water recommended 
in the irrigation schedule and adding any amount of water expected from 
effective precipitation (not to exceed 25 percent of the local annual mean 
precipitation) or may be calculated from a formula such as the following: 

The Estimated Total Water Use for the entire landscaped area equals 
the sum of the Estimated Water Use of all hydrozones in that landscaped 
area. 

EWU (hydrozone) = (ETo) (PF) (HA) (.62) 

-(IE) 

EWU (hydrozone = Estimated Water Use (gallons per year) 

ETo = Reference Evapotranspiration (inches per year) 

PF = plant factor 

HA = hydrozone area (square feet) 

(.62) = conversion factor 

IE = irrigation efficiency 

(B) If the Estimated Total Water Use is greater than the Estimated 
Applied Water Use due to precipitation being included as a source of wa- 
ter, an Effective Precipitation Disclosure Statement such as the one in 
Section 494 shall be included in the Landscape Documentation Package. 

(5) Landscape Design Plan 

A landscape design plan meeting the following requirements shall be 
submitted as part of the landscape documentation package. 

(A) Plant Selection and Grouping 

(i) Any plants may be used in the landscape, providing the Estimated 
Applied Water Use recommended does not exceed the Maximum 



Applied Water Allowance and that the plants meet the specifications set 
forth in (ii), (iii) and (iv). 

(ii) Plants having similar water use shall be grouped together in dis- 
tinct hydrozones. 

(iii) Plants shall be selected appropriately based upon their adaptabil- 
lity to the climatic, geologic, and topographical conditions of the site. 
Protection and preservation of native species and natural areas is encour- 
aged. The planting of trees is encouraged wherever it is consistent with 
the other provisions of this ordinance. 

(iv) Fire prevention needs shall be addressed in areas that are fire 
prone. Information about fire prone areas and appropriate landscaping 
for fire safety is available from local fire departments or the California 
Department of Forestry. 

(B) Water Features 

(i) Recirculating water shall be used for decorative water features, 
(ii) Pool and spa covers are encouraged. 

(C) Landscape Design Plan Specifications 

The landscape design plan shall be drawn on project base sheets at a 
scale that accurately and clearly identifies: 

(i) Designation of hydrozones. 

(ii) Landscape materials, trees, shrubs, groundcover, turf, and other 
vegetation. Planting symbols shall be clearly drawn and plants labeled by 
botanical name, common name, container size, spacing, and quantities 
of each group of plants indicated. 

(iii) Property lines and street names. 

(iv) Streets, driveways, walkways, and other paved areas. 

(v) Pools, ponds, water features, fences, and retaining walls. 

(vi) Existing and proposed buildings and structures including eleva- 
tion if applicable. 

(vii) Natural features including but not limited to rock outcroppings, 
existing trees, shrubs that will remain. 

(viii) Tree staking, plant installation, soil preparation details, and any 
other applicable planting and installation details. 

(ix) A calculation of the total landscaped area. 

(x) Designation of recreational areas. 

(6) Irrigation Design Plan 

An irrigation design plan meeting the following conditions shall be 
submitted as part of the Landscaped Documentation Package. 

(A) Irrigation Design Criteria 

(i) Runoff and Overspray. Soil types and infiltration rate shall be con- 
sidered when designing irrigation systems. All irrigation systems shall be 
designed to avoid runoff, low head drainage, overspray, or other similar 
conditions where water flows onto adjacent property, non-irrigated 
areas, walks, roadways, or structures. Proper irrigation equipment and 
schedules, including features such as repeat cycles, shall be used to close- 
ly match application rates to infiltration rates therefore minimizing run- 
off. 

Special attention shall be given to avoid runoff on slopes and to avoid 
overspray in planting areas with a width less than ten feet, and in median 
strips. 

No overhead sprinkler irrigation systems shall be installed in median 
strips less than ten feet wide. 

(ii) Irrigation Efficiency. For the purpose of determining the maxi- 
mum applied water allowance, irrigation efficiency is assumed to be 
0.625. Irrigation systems shall be designed, maintained, and managed to 
meet or exceed 0.625 efficiency. 

(iii) Equipment. 

Water meters. Separate landscape water meters shall be installed for 
all projects except for single family homes or any project v/ith a land- 
scaped area of less than 5,000 square feet. 

Controllers. Automafic control systems shall be required for all irriga- 
tion systems and must be able to accommodate all aspects of the design. 

Valves. Plants which require different amounts of water shall be irri- 
gated by separate valves. If one valve is used for a given area, only plants 
with similar water use shall be used in that area. Anti-drain (check) 



• 



• 



Page 38.4 



Register 92, No. 32; 8-7-92 



Title 23 



Department of Water Resources 



§492 



valves shall be installed in strategic points to minimize or prevent low- 
head drainage. 

Sprinkler heads. Heads and emmitters shall have consistent applica- 
tion rates within each control valve circuit. Sprinkler heads shall be se- 
lected for proper area coverage, application rate, operating pressure, ad- 
justment capability, and ease of maintenance. 

Rain Sensing Override Devices. Rain sensing override devices shall 
be required on all irrigation systems. 

Solid Moisture Sensing Devices. It is recommended that soil moisture 
sensing devices be considered where appropriate. 

(B) Recycled Water 

(i) The installation of recycled water irrigation systems (dual distribu- 
tion systems) shall be required to allow for the current and future use of 
recycled water, unless a written exemption has been granted as described 
in the following section (B)(ii). 

(ii) Irrigation systems shall make use of recycled water unless a written 
exemption has been granted by the local water agency, stating that re- 
cycled water meeting all health standards is not available and will not be 
available in the foreseeable future. 

(iii) The recycled water irrigation systems shall be designed and oper- 
ated in accordance with all local and state codes. 

(C) Irrigation Design Plan Specifications 

Irrigation systems shall be designed to be consistent with hydrozones. 

The irrigation design plan shall be drawn on project base sheets. It 
shall be separate from, but use the same format as the landscape design 
plan. The scale shall be the same as that used for the landscape design 
plan described in Section 492(c)(5)(C). 

The irrigation design plan shall accurately and clearly identify: 

(i) Location and size of separate water meters for the landscape. 

(ii) Location, type, and size of all components of the irrigation system, 
including automatic controllers, main and lateral lines, valves, sprinkler 
heads, moisture sensing devices, rain switches, quick couplers, and back- 
flow prevention devices. 

(iii) Static water pressure at the point of connection to the public water 
supply. 

(iv) Flow rate (gallons per minute), application rate (inches per hour), 
and design operating pressure (psi) for each station. 

(v) Recycled water irrigation systems as specified in the Section 
492(c)(4)(B). 

(7) Irrigation Schedules 

Irrigation schedules satisfying the following conditions shall be sub- 
mitted as part of the Landscape Documentation Package. 

(A) An annual irrigation program with monthly irrigation schedules 
shall be required for the plant establishment period, for the established 
landscape, and for any temporarily irrigated areas. 

(B) The irrigation schedule shall: 

(i) include mn time (in minutes per cycle), suggested number of cycles 
per day, and frequency of irrigation for each station; and 

(ii) provide the amount of applied water (in hundred cubic feet, gal- 
lons, or in whatever billing units the local water supplier uses) recom- 
mended on a monthly and annual basis. 

(C) The total amount of water for the project shall include water desig- 
nated in the Estimated Total Water Use calculation plus water needed for 
any water features, which shall be considered as a high water using hy- 
drozone. 

(D) Recreational areas designated in the landscape design plan shall 
be highlighted and the irrigation schedule shall indicate if any additional 
water is needed above the Maximum Applied Water Allowance because 
of high plant factors (but not due to irrigation inefficiency.) 

(E) Whenever possible, irrigation scheduling shall incorporate the use 
of evapotranspiration data such as those from the California Irrigation 
Management Information System (CIMIS) weather stations to apply the 
appropriate levels of water for different climates. 



(F) Whenever possible, landscape irrigation shall be scheduled be- 
tween 2:00 a.m. and 10:00 a.m. to avoid irrigating during limes of high 
wind or high temperature. 

(8) Maintenance Schedules 

A regular maintenance schedule satisfying the following conditions 
shall be submitted as part of the Landscape Documentation Package: 

(A) Landscapes shall be maintained to ensure water efficiency. A reg- 
ular maintenance schedule shall include but not be limited to checking, 
adjusting, and repairing irrigation equipment; resetting the aulonutic 
controller; aerating and dethatching turf areas; replenishing mulch; fertil- 
izing; pruning, and weeding in all landscaped areas. 

(B) Whenever possible, repair of irrigation equipment shall be done 
with the originally specified materials or their equivalents. 

(9) Landscape Irrigation Audit Schedules 

A schedule of landscape irrigation audits, for all but single family resi- 
dences, satisfying the following conditions shall be submitted to the city 
or county as part of the Landscape Documentation Package. 

(A) At a minimum, audits shall be in accordance with the State of Cali- 
fornia Landscape Water Management Program as described in the Land- 
scape Irrigation Auditor Handbook, the entire document, which is hereby 
incorporated by reference. (See Landscape Irrigation Auditor Handbook 
(June 1990) version 5.5 [formerly Master Auditor Training].) 

(B) The schedule shall provide for landscape irrigation audits to be 
conducted by certified landscape irrigation auditors at least once every 
five years. 

(10) Grading Design Plan 

Grading design plans satisfying the following conditions shall be sub- 
mitted as part of the Landscape Documentation Package. 

(A) A grading design plan shall be drawn on project base sheets. It 
shall be separate from but use the same format as the landscape design 
plan. 

(B) The grading design plan shall indicate finished configurations and 
elevations of the landscaped area, including the height of graded slopes, 
drainage patterns, pad elevations, and finish grade. 

(11) Soils 

(A) A soil analysis satisfying the following conditions shall be sub- 
mitted as part of the Landscape Documentation Package. 

(i) Determination of soil texture, indicating the percentage of organic 
matter. 

(ii) An approximate soil infiltration rate (either measured or derived 
from soil texture/infiltration rate tables.) A range of infiltration rates shall 
be noted where appropriate. 

(iii) Measure of pH, and total soluble salts. 

(B ) A mulch of at least three inches shall be applied to all planting areas 
except turf. 

(12) Certification 

(A) Upon completing the installation of the landscaping and the irriga- 
tion system, an irrigation audit shall be conducted by a certified land- 
scape irrigation auditor prior to the final field observation. (See Land- 
scape Irrigation Auditor Handbook as referenced in Section 
492(c)(9)(A)). 

(B) A licensed landscape architect or contractor, certified irrigation 
designer, or other licensed or certified professional in a related field shall 
conduct a final field observation and shall provide a certificate of sub- 
stantial completion to the city or county. The certificate shall specifically 
indicate that plants were installed as specified, that the irrigation system 
was installed as designed, and that an irrigation audit has been performed, 
along with a list of any observed deficiencies. 

(C) Certification shall be accomplished by completing a Certificate of 
Substantial Completion and delivering it to the city or county, to the retail 
water supplier, and to the Owner of Record. A sample of such a form, 
which shall be provided by the city or county is: 



Page 38.5 



Register 92, No. 32; 8-7-92 



§492 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23 

SAMPLE CERTIFICATE OF SUBSTANTIAL COMPLETION 



Project Site: Project Number: 

Project Location: 



Preliminary Project Documentation Submitted: (check indicating submittal) 

1. Maximum Applied Water Allowance: 

(gallons or cubic feet per year) 



2. Estimated Applied Water Use: 

(gallons or cubic feet/year) 

* 2a. Estimated Amount of Water Expected from Effective Precipitation: 

(gallons or cubic feet/year) 

3. Estimated Total Water Use: 

(gallons or cubic feet/year) 

Note: *If the design assumes that a part of the Estimated Total Water Use will be provided by precipitation, the Effective Precip- 
itation Disclosure Statement in Section 495 shall be completed and submitted. The Estimated Amount of Water Expected from 
Effective Precipitation shall not exceed 25 percent of the local annual mean precipitation (average rainfall.) 



4. 


Landscape Design Plan 


5. 


hrigation Design Plan 


6. 


hrigation Schedules 


7. 


Maintenance Schedule 


8. 


Landscape Irrigation Audit Schedule 


9. 


Grading Design Plan 


10. 


Soil Analysis 



Post-Installation Inspection: (Check indicating substantial completion) 

A. Plants installed as specified 

B. Irrigation system installed as designed 

dual distribution system for recycled water 

minimal run off or overspray 

C. Landscape Irrigation Audit performed 



Page 38.6 Register 92, No. 32; 8-7-92 



Title 23 Department of Water Resources § 492 

(Certificate of Substantial Completion, continued) 



Project submittal package and a copy of this certification has been provided to owner/manager and local water agency 



Comments: 



I/we certify that work has been installed in accordance with the contract documents: 



Contractor Signature Date State License Number 

I/we certify that based upon periodic site observations, the work has been substantially completed in accordance with the Water 
Efficient Landscape Ordinance and that the landscape planting and irrigation installation conform with the approved plans and 
specifications. 



Landscape Architect Signature Date State License Number 

or Irrigation Designer/Consultant 

or Licensed or Certified Professional in a Related Field 



I/we certify that I/we have received all of the contract documents and that it is our responsibility to see that the project is maintained 
in accordance with the contract documents. 



Owner Signature Date 



Note: Authority cited: Section 65594, Government Code. Reference: Section 
65597, Government Code. 



Page 38.7 Register 92, No. 32; 8-7-92 



§493 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



(d) Public Education 

( 1 ) Publications. 

(A) Local agencies shall provide information to owners of all new, 
single family residential homes regarding the design, installation, and 
maintenance of water efficient landscapes. 

(B) Information about the efficient use of landscape water shall be pro- 
vided to water users throughout the community. 

(2) Model Homes. 

At least one model home that is landscaped in each project consisting 
of eight or more homes shall demonstrate via signs and information the 
principles of water efficient landscapes described in this ordinance. 

(A) Signs shall be used to identify the model as an example of a water 
efficient landscape and featuring elements such as hydrozones, irrigation 
equipment and others which contribute to the overall water efficient 
theme. 

(B) Information shall be provided about designing, installing, and 
maintaining water efficient landscapes. 

NOTE: Authorioty cited: Section 63594, Government Code. Reference: Section 
65597, Government Code. 

History 
1. New section filed 7-31-92; operative 7-31-92 (Register 92, No. 32). 

§ 493. Provisions for Existing Landscapes. 

(a) Water management 

All existing landscaped areas to which the city or county provides wa- 
ter that are one acre or more, including golf courses, green belts, common 
areas, multi-family housing, schools, businesses, parks, cemeteries, and 
publicly owned landscapes shall have a landscape irrigation audit at least 
every five years. At a minimum, the audit shall be in accordance with the 



California Landscape Water Management Program as described in the 
Landscape Irrigation Auditor Handbook, the entire document which is 
hereby incorporated by reference. (See Landscape Irrigation Auditor 
Handbook, Dept. of Water Resources, Water Conservation Office (June 
1990) version 5.5.) 

( 1 ) If the project's water bills indicate that they are using less than or 
equal to the Maximum Applied Water Allowance for that project site, an 
audit shall not be required. 

(2) Recognition of projects that stay within the Maximum Applied 
Water Allowance is encouraged. 

(b) Water Waste Prevention 

Cities and counties shall prevent water waste resulting from inefficient 
landscape irrigation by prohibiting runoff, low head drainage, overspray, 
or other similar conditions where water flows onto adjacent property, 
non-irrigated areas, walks, roadways, or structures. Penalties for viola- 
tion of these prohibitions shall be established locally. 
NOTE: Authority cited: Section 65594, Government Code; Reference: Section 
65597, Government Code. 

History 
I. New section filed 7-31-92; operative 7-31-92 (Register 92, No. 32). 

§ 494. Effective Precipitation. 

If effective precipitation is included in the calculation of the Estimated 
Total Water Use, an Effective Precipitation Disclosure Statement (simi- 
lar to the following Sample Effective Precipitation Disclosure State- 
ment) shall be completed, signed, and submitted with the Landscape 
Documentation Package. No more than 25 percent of the local annual 
mean precipitation shall be considered effective precipitation in the cal- 
culation of the Estimated Total Water Use. 



Page 38.8 



Register 92, No. 32; 8-7-92 



Title 23 Department of Water Resources § 494 

SAMPLE EFFECTIVE PRECIPITATION DISCLOSURE STATEMENT 



I certify that I have informed the project owner and developer that this project depends on (gallons or cubic feet) of 

effective precipitation per year. This represents percent of the local mean precipitation of inches per 

year. 

I have based my assumptions about the amount of precipitation that is effective upon: 



I certify that I have informed the project owner and developer that in times of drought, there may not be enough water available to 
keep the entire landscape alive. 



Licensed or Certified Landscape Professional 

I Certify that I have been informed by the licensed or certified landscape professional that this project depends upon 

(gallons or cubic feet) of effective precipitation per year. This represents percent of the local mean precipitation 

of inches per year. 

I certify that I have been informed that in times of drought, there may not be enough water available to keep the entire landscape 
alive. 



Owner Developer 



Page 38.9 Register 92, No. 32; 8 - 7 - 92 



§495 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



§ 495. Reference Evapotranspiration. 

REFERENCE EVAPOTRANSPiRATiON 

In inches (Historical Data, extrapolated from 12-Month Normal Year 
ETo Maps and U.C. publication 21426) 































Ann. 


County 


City 


Jan 


Feb 


Mar 


Apr 


May 


Jun 


Jut 


Aug 


Sep 


Oct 


Nov 


Dec 


Eto 


Alameda 


Livermore 


1.2 


1.5 


2.9 


4.4 


5.9 


6.6 


7.4 


6.4 


5.3 


3.2 


1.5 


0.9 


47.2 




Oakland 


1.5 


1.5 


2.8 


3.9 


5.1 


5.3 


6.0 


5.5 


4.8 


3.1 


1.4 


0.9 


41.8 


Alpine 


Markleeville 


0.7 


0.9 


2.0 


3.5 


5.0 


6.1 


7.3 


6.4 


4.4 


2.6 


1.2 


0.5 


40.5 


Amador 


Jackson 


1.2 


1.5 


2.8 


4.4 


6.0 


7.2 


7.9 


7.2 


5.3 


3.2 


1.4 


0.9 


48.9 


Butte 


Chico 


1.2 


1.8 


2.9 


4.7 


6.1 


7.4 


8.5 


7.3 


5.4 


3.7 


1.7 


1.0 


51.7 




Gridley 


1.2 


1.8 


3.0 


4.7 


6.1 


7.7 


8.5 


7.1 


5.4 


3.7 


1.7 


1.0 


51.9 




Oroville 


1.2 


1.7 


2.8 


4.7 


6.1 


7.6 


8.5 


7.3 


5.3 


3.7 


1.7 


1.0 


51.5 


Calaveras 


San Andreas 


1.2 


1.5 


2.8 


4.4 


6.0 


7.3 


7.9 


7.0 


5.3 


3.2 


1.4 


0.7 


48.8 


Colusa 


Colusa 


1.1 


1.7 


2.8 


4.8 


6.6 


7.4 


8.2 


7.0 


5.7 


3.5 


1.7 


1.0 


51.4 




Williams 


1.2 


1.7 


2.9 


4.5 


6.1 


7.2 


8.5 


7.3 


5.3 


3.4 


1.6 


1.0 


50.8 


Contra Costa 


Benlcia 


1.3 


1.4 


2.7 


3.8 


4.9 


5.0 


6.4 


5.5 


4.4 


2.9 


1.2 


0.7 


40.3 




Brentwood 


1.0 


1.5 


2.9 


4.5 


6.1 


7.1 


7.9 


6.7 


5.2 


3.2 


1.4 


0.7 


48.3 




Courtland 


0.9 


1.5 


2.9 


4.4 


6.1 


6.9 


7.9 


6.7 


5.3 


3.2 


1.4 


0.7 


48.0 




Concord 


1.1 


1.4 


2.4 


4.0 


5.5 


5.9 


7.0 


6.0 


4.8 


3.2 


1.3 


0.7 


43.4 




Martinez 


1.2 


1.4 


2.4 


3.9 


5.3 


5.6 


6.7 


5.6 


4.7 


3.1 


1.2 


0.7 


41.8 




Pittsburg 


1.0 


1.5 


2.8 


4.1 


5.6 


6.4 


7.4 


6.4 


5.0 


3.2 


1.3 


0.7 


45.4 


Del Norte 


Crescent City 


0.5 


0.9 


2.0 


3.0 


3.7 


3.5 


4.3 


3.7 


3.0 


2.0 


0.9 


0.5 


27.7 


El Dorado 


Camino 


0.9 


1.7 


2.5 


3.9 


5.9 


7.2 


7.8 


6.8 


5.1 


3.1 


1.5 


0.9 


47.3 


Fresno 


Clovis 


1.0 


1.5 


3.2 


4.8 


6.4 


7.7 


8.5 


7.3 


5.3 


3.4 


1.4 


0.7 


51.4 




Coalinga 


1.2 


1.7 


3.1 


4.6 


6.2 


7.2 


8.5 


7.3 


5.3 


3.4 


1.6 


0.7 


50.9 




Five Points 


0.9 


1.7 


3.3 


5.0 


6.6 


7.7 


8.5 


7.3 


5.4 


3.4 


1.5 


0.9 


52.1 




Fresno 


0.9 


1.7 


3.3 


4.8 


6.7 


7.8 


8.4 


7.1 


5.2 


3.2 


1.4 


0.6 


51.1 




Friant 


1.2 


1.5 


3.1 


4.7 


6.4 


7.7 


8.5 


7.3 


5.3 


3.4 


1.4 


0.7 


51.3 




Kerman 


0.9 


1.5 


3.2 


4.8 


6.6 


7.7 


8.4 


7.2 


5.3 


3.4 


1.4 


0.7 


51.2 




Kingsburg 


1.0 


1.5 


3.4 


4.8 


6.6 


7.7 


8.4 


7.2 


5.3 


3.4 


1.4 


0.7 


51.6 




Reedley 


1.1 


1.5 


3.2 


4.7 


6.4 


7.7 


8.5 


7.3 


5.3 


3.4 


1.4 


0.7 


51.3 


Glenn 


Orland 


1.2 


1.7 


3.1 


4.8 


6.7 


7.4 


8.8 


7.3 


5.8 


3.8 


1.7 


1.1 


53.3 




Willows 


1.2 


1.7 


2.9 


4.7 


6.1 


7.2 


8.5 


7.3 


5.3 


3.6 


1.7 


1.0 


51.3 


Humboldt 


Eureka 


0.5 


1.1 


2.0 


3.0 


3,7 


3.7 


3.7 


3.7 


3.0 


2.0 


0.9 


0.5 


27.5 




Ferndale 


0.5 


1.1 


2.0 


3.0 


3.7 


3.7 


3.7 


3.7 


3.0 


2.0 


0.9 


0.5 


27.5 




Garberviile 


0.6 


1.2 


2.2 


3.1 


4.5 


5.0 


5.5 


4.9 


3.8 


2.4 


1.0 


0.7 


34.9 




Hoopa 


0.5 


1.1 


2.1 


3.0 


4.4 


5.4 


6.1 


5.1 


3.8 


2.4 


0.9 


0.7 


35.6 


Imperial 


Brawley 


2.8 


3.8 


5.9 


8.0 


10.4 


11.5 


11.7 


10.0 


8.4 


6.2 


3.5 


2.1 


84.2 




Calipatria 


2.9 


3.9 


6.1 


8.3 


10.5 


11.8 


12.0 


10.4 


8.6 


6.5 


3.8 


2.3 


86.9 




El Centre 


2.7 


3.5 


5.6 


7.9 


10.1 


11.1 


11.6 


9.5 


8.3 


6.1 


3.3 


2.0 


81.7 




Holtville 


2.8 


3.8 


5.9 


7.9 


10.4 


11.6 


12.0 


10.0 


8.6 


6.2 


3.5 


2.1 


84.7 




Yuma 


3.1 


4.1 


6.6 


8.7 


11.0 


12.4 


12.7 


11.0 


8.9 


6.6 


4.0 


2.6 


91.5 


Inyo 


Bishop 


1.7 


2.7 


4.8 


6.7 


8.2 


10.9 


7.4 


9.6 


7.4 


4.8 


2.5 


1.6 


68.3 




Death Valley 


2.2 


3.3 


5.4 


7.7 


9.8 


11.1 


11.4 


10.1 


8.3 


5.4 


2.9 


1.7 


79.1 




Independence 


1.7 


2.7 


3.4 


6.6 


8.5 


9.5 


9.8 


8.5 


7.1 


3.9 


2.0 


1.5 


65.2 




Lower Haiwee 


1.8 


2.7 


4.4 


7.1 


8.5 


9.5 


9.8 


8.5 


7.1 


4.2 


2.6 


1.5 


67.6 




Oasis 


2.7 


2.8 


5.9 


8.0 


10.4 


11.7 


11.6 


10.0 


8.4 


6.2 


3.4 


2.1 


83.1 


Kern 


Arvin 


1.2 


1.8 


3.5 


4.7 


6.6 


7.4 


8.1 


7.3 


5.3 


3.4 


1.7 


1.0 


51.9 




Bakersfield 


1.0 


1.8 


3.5 


4.7 


6.6 


7.7 


8.5 


7.3 


5.3 


3.5 


1.6 


0.9 


52.4 




Buttonwillow 


1.0 


1.8 


3.2 


4.7 


6.6 


7.7 


8.5 


7.3 


5.4 


3.4 


1.5 


0.9 


52.0 




Delano 


0.9 


1.8 


3.4 


4.7 


6.6 


7.7 


8.5 


7.3 


5.4 


3.4 


1.4 


0.7 


52.0 




Grapevine 


1.3 


1.8 


3.1 


4.4 


5.6 


6.8 


7.6 


6.8 


5.9 


3.4 


1.9 


1.0 


49.5 




China Lake 


2.1 


3.2 


5.3 


7.7 


9.2 


10.0 


11.0 


9.8 


7.3 


4.9 


2.7 


1.7 


74.8 




Inyokern 


2.0 


3.1 


4.9 


7.3 


8.5 


9.7 


11.0 


9.4 


7.1 


5.1 


2.6 


1.7 


72.4 




Isabella Dam 


1.2 


1.4 


2.8 


4.4 


5.8 


7.3 


7.9 


7.0 


5.0 


3.2 


1.7 


0.9 


48.4 




Lost Hills 


0.5 


1.1 


2.6 


4.4 


7.0 


7.7 


8.5 


7.1 


5.0 


3.9 


0.8 


0.4 


49.0 




Shatter 


1.0 


1.7 


3A 


5.0 


5.6 


7.7 


8.3 


7.3 


5.4 


3.4 


1.5 


0.9 


52.1 




"^ --* 


' " 


■^ 




— . o 


;^ -\ 


~7 "^ 


1.5 


7 ^. 




?.■- 


- 7 


1 -1 


5^.2 




""_',-; ~ - •; - ■ 


' . 1 


- C 


2.Z 


= ^. 


c .' 


T T 


~.3 


• ■ C- 


5.:? 


3.4 


~ • 


• 7 


5 2 . 9 ( 



Page 38.10 



Register 92, No. 32; 8-7-92 



Title 23 



Department of Water Resources 



§495 































Ann. 


County 


City 


Jan 


Feb 


Mar 


Apr 


May 


Jun 


Jul 


Aug 


Sep 


Oct 


Nov 


Dec 


Eto 


Kings 


Corcoran 


0.9 


1.5 


3.3 


5.2 


7.2 


7.9 


8.4 


7.3 


5.8 


3.4 


1.4 


0.7 


53.1 




Hanford 


0.9 


1.5 


3.4 


5.0 


6.6 


7.7 


8.3 


7.2 


5.4 


3.4 


1.4 


0.7 


51.5 




Kettleman City 


1.0 


1.8 


3.4 


5.3 


7.2 


7.9 


8.4 


7.4 


5.9 


3.7 


1.7 


1.0 


54.6 




Lemoore 


0.9 


1.5 


3.4 


5.0 


6.6 


7.7 


8.3 


7.3 


5.4 


3.4 


1.4 


0.7 


51.7 


Lake 


Lakeport 


1.1 


1.3 


2.6 


3.5 


5.1 


6.0 


7.3 


6.1 


4.7 


2.9 


1,2 


0.9 


42.8 




Lower Lake 


1.2 


1.4 


2.7 


4.5 


5.3 


6.3 


7.4 


6.4 


5.0 


3.1 


1.3 


0.9 


45.4 


Lassen 


Ravendale 


0.6 


1.1 


2.3 


4.1 


5.6 


6.7 


7.9 


7.3 


4.7 


2.8 


1.2 


0.5 


44.9 




Susanville 


0.7 


1.0 


2.2 


4.1 


5.6 


8.5 


7.8 


7.0 


4.6 


2.8 


1.2 


0.5 


44.0 


Los Angeles 


Burbank 


2.1 


2.8 


3.7 


4.7 


5.1 


6.0 


6.6 


6.7 


5.4 


4.0 


2.6 


2.0 


51.7 




Glendora 


2.0 


2.5 


3.6 


4.9 


5.4 


6.1 


7.3 


6.8 


5.7 


4.2 


2.6 


2.0 


53.1 




Gorman 


1.6 


2.2 


3.4 


4.6 


5.5 


7.4 


7.7 


7.1 


5.9 


3.6 


2.4 


1.1 


52.4 




Lancaster 


2.1 


3.0 


4.6 


5.9 


8.5 


9.7 


11.0 


9.8 


7.3 


4.6 


2.8 


1.7 


71.1 




Los Angeles 


2.2 


2.7 


3.7 


4.7 


5.5 


5.8 


6.2 


5.9 


5.0 


3.9 


2.6 


2.0 


50.1 




Long Beach 


2.2 


2.5 


3.4 


3.8 


4.8 


5.0 


5.3 


4.9 


4.5 


3.4 


2.4 


2.0 


44.0 




Palmdale 


2.0 


2.7 


4.2 


5.1 


7.6 


8.5 


9.9 


9.8 


6.7 


4.2 


2.6 


1.7 


64.8 




Pasadena 


2.1 


2.7 


3.7 


4.7 


5.1 


6.0 


7.1 


6.7 


5.6 


4.2 


2.6 


2.0 


52.3 




Pearblossom 


1.7 


2.4 


3.7 


4.7 


7.3 


7.7 


9.9 


7.9 


6.4 


4.0 


2.6 


1.6 


59.9 




Redondo Beach 


2.2 


2.4 


3.3 


3.8 


4.5 


4.7 


5.4 


4.8 


4.4 


2.8 


2.4 


2.0 


42.6 




San Fernando 


2.0 


2.7 


3.5 


4.6 


5.5 


5.9 


7.3 


6.7 


5.3 


3.9 


2.6 


2.0 


52.0 


Madera 


Chowchilla 


1.0 


1.4 


3.2 


4.7 


6.6 


7.8 


8.5 


7.3 


5.3 


3.4 


1.4 


0.7 


51.4 




Madera 


0.9 


1.4 


3.2 


4.8 


6.6 


7.8 


8.5 


7.3 


5.3 


3.4 


1.4 


0.7 


51.5 




Raymond 


1.2 


1.5 


3.0 


4.6 


6.1 


7.6 


8.4 


7.3 


5.2 


3.4 


1.4 


0.7 


50.5 


Marin 


Novato 


1.3 


1.5 


2.4 


3.5 


4.4 


6.0 


5.9 


5.4 


4.4 


2.8 


1.4 


0.7 


39.8 




San Rafael 


1.2 


1.3 


2.4 


3.3 


4.0 


4.8 


4.8 


4.9 


4.3 


2.7 


1.3 


0.7 


35.8 


Mariposa 


Couiterviiie 


1.1 


1.5 


2.8 


4.4 


5.9 


7.3 


8.1 


7.0 


5.3 


3.4 


1.4 


0.7 


48.8 




Mariposa 


1.1 


1.5 


2.8 


4.4 


5.9 


7.4 


8.2 


7.1 


5.0 


3.4 


1.4 


0.7 


49.0 




Yosemite Villaae 


0.7 


1.0 


2.3 


3.7 


5.1 


6.5 


7.1 


6.1 


4.4 


2.9 


1.1 


0.6 


41.4 


Mendocino 


Fort Bragg 


0.9 


1.3 


2.2 


3.0 


3.7 


3.5 


3.7 


3.7 


3.0 


2.3 


1.2 


0.7 


29.0 




Point Arena 


1.0 


1.3 


2.3 


3.0 


3.7 


3.9 


3.7 


3.7 


3.0 


2.3 


1.2 


0.7 


29.6 




Hopland 


1.1 


1.3 


2.6 


3.4 


5.0 


5.9 


6.5 


5.7 


4,5 


2.8 


1.3 


0.7 


40.9 




Ukiah 


1.0 


1.3 


2.6 


3.3 


5.0 


5.8 


6.7 


5.9 


4.5 


2.8 


1.3 


0.7 


40.9 


Merced 


Merced 


1.0 


1.5 


3.2 


4.7 


6.6 


7.9 


8.5 


7.2 


5.3 


3.4 


1.4 


0.7 


51.5 




Los Bancs 


1.0 


1.5 


3.2 


4.7 


6.1 


7.4 


8.2 


7.0 


5.3 


3.4 


1.4 


0.7 


50.0 


Mono 


Bridgeport 


0.7 


0.9 


2.2 


3.8 


5.5 


6.6 


7.4 


6.7 


4.7 


2.7 


1.2 


0.5 


43.0 


Monterey 


Castroville 


1.6 


1.8 


2.7 


3.5 


4.4 


4.4 


4.5 


4.2 


3.8 


2.8 


1.8 


1.3 


36.7 




King City 


1.7 


2.0 


3.4 


4.4 


4.4 


5.6 


6.1 


6.7 


6.5 


5.2 


2.2 


1.3 


49.6 




Long Valley 


1.5 


1.9 


3.2 


4.1 


5.8 


6.5 


7.3 


6.7 


5.3 


3.6 


2.0 


1.2 


49.1 




Monterey 


1.7 


1.8 


2.7 


3.5 


4.0 


4.1 


4.3 


4.2 


3.5 


2.8 


1.9 


1.5 


36.0 




Salinas 


1.6 


1.9 


2.7 


3.8 


4.8 


4.7 


5.0 


4.5 


4.0 


2.9 


1.9 


1.3 


39.1 




Soledad 


1.7 


2.0 


3.4 


4.4 


5.5 


5.4 


6.5 


6.2 


5.2 


3.7 


2.2 


1-5 


47.7 


Napa 


St. Helena 


1.2 


1.5 


2.8 


3.9 


5.1 


6.1 


7.0 


6,2 


4.8 


3.1 


1.4 


0.9 


44.1 




Yountville 


1.3 


1.7 


2.8 


3.9 


5.1 


6.0 


7.1 


6.1 


4.8 


3.1 


1.5 


0.9 


44.3 


Nevada 


Grass Valley 


1.1 


1.5 


2.6 


4.0 


5.7 


7.1 


7.9 


7.1 


5.3 


3.2 


1,5 


0.9 


48.0 




Nevada City 


1.1 


1.5 


2.6 


3.9 


5.8 


6.9 


7.9 


7.0 


5.3 


3.2 


1.4 


0.9 


47.4 


Orange 


Santa Ana 


2.2 


2.7 


3.7 


4.5 


4.6 


5.4 


6.2 


6,1 


4.7 


3.7 


2.5 


2.0 


48.2 




Laguna Beach 


2.2 


2.7 


3.4 


3.8 


4.6 


4.6 


4.9 


4.9 


4.4 


3.4 


2.4 


2.0 


43.2 


Placer 


Auburn 


1.2 


1.7 


2.8 


4.4 


6.1 


7.4 


8.3 


7.3 


5.4 


3.4 


1.5 


1.0 


50.6 




Blue Canyon 


0.7 


1.1 


2.1 


3.4 


4.8 


6.0 


7.2 


6.1 


4.6 


2.9 


0.9 


0.6 


40.5 




Colfax 


1.1 


1.5 


2.6 


4.0 


5.8 


7.1 


7.9 


7.0 


5.3 


3.2 


1.4 


0.9 


47.9 




Soda Springs 


0.7 


0.7 


1.8 


3.0 


4.3 


5.3 


6.2 


5.5 


4.1 


2.5 


0.7 


0.7 


35.4 




Tahoe City 


0.7 


0.7 


1.7 


3.0 


4.3 


5.4 


6.1 


5.6 


4.1 


2.4 


0.8 


0.6 


35.5 




Truckee 


0.7 


0.7 


1.7 


3.2 


4.4 


5.4 


6.4 


5.7 


4.1 


2.4 


0.8 


0.6 


36.2 



Page 38.11 



Register 92, No. 32; 8-7-92 



§495 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 































Ann. 


County 


City 


Jan 


Feb 


Mar 


Apr 


May 


Jun 


Jul 


Aug 


Sep 


Oct 


Nov 


Dec 


Eto 


Plumas 


Quincy 


0.7 


0.9 


2.2 


3.5 


4.9 


5.9 


7.3 


5.9 


4.4 


2.8 


1.2 


0.5 


40.2 




Portola 


0.7 


0.9 


2.0 


3.5 


4.9 


5.9 


7.3 


5.9 


4.3 


2.7 


0.9 


0.5 


39.4 


Riverside 


Beaumont 


2.0 


2.3 


3.4 


4.4 


6.1 


7.1 


7.6 


7.9 


6.0 


3.9 


2.6 


1.7 


55.0 




Biythe 


3.2 


4.2 


6.7 


8,9 


11.1 


12.4 


12.8 


11.1 


9.1 


6.7 


4.0 


2.7 


92.9 




Coachetia 


2.9 


4.4 


6.2 


8.4 


10.5 


11.9 


12.3 


10.1 


8.9 


6.2 


3.8 


2.4 


88.1 




Desert Center 


2.9 


4.1 


6.4 


8.5 


11.0 


12.1 


12.2 


11.1 


9.0 


6.4 


3.9 


2.6 


90.0 




Eisinora 


2.1 


2.8 


3.9 


4.4 


5.9 


7.1 


7.6 


7.0 


5.8 


3.9 


2.6 


2.0 


55.0 




Indio 


2.9 


4.0 


6.2 


8.3 


10.5 


11.9 


12.3 


10.0 


8.9 


6.4 


3.8 


2.4 


87.6 




Palm Desert 


2.0 


3.5 


4.9 


7.7 


8.5 


10.6 


9.8 


9.2 


8.4 


6.1 


2.7 


1.8 


75.1 




Palm Springs 


2.0 


2.9 


4.9 


7.2 


8.3 


8.5 


11.6 


8.3 


7.2 


5.9 


2.7 


1.7 


71.1 




Riverside 


2.1 


2.9 


4.0 


4.1 


6.1 


7,1 


7.9 


7.6 


6.1 


4.2 


2.6 


2.0 


56.6 


Sacramento 


Roseville 


1.1 


1.7 


3.1 


4.7 


6.2 


7.7 


8.5 


7.3 


5.6 


3.7 


1.7 


1.0 


52.2 




Sacramento 


1.0 


1.8 


3.2 


4.7 


6.4 


7.7 


8.4 


7.2 


5.4 


3.7 


1.7 


0.9 


51.9 


San Benito 


Hollister 


1.5 


1.8 


3.1 


4.3 


5.5 


5.7 


6.4 


5.9 


5.0 


3.5 


1.7 


1.1 


45.1 


San Bernardino 


Baker 


2.7 


3.9 


6.1 


8-3 


10.4 


11.8 


12.2 


11.0 


8.9 


6.1 


3.3 


2.1 


86.6 




Barstow 


2.6 


3.6 


5.7 


7.9 


10-1 


11.6 


12.0 


10.4 


8.6 


5.7 


3.3 


2.1 


83.6 




Chino 


2.1 


2.9 


3.9 


4.5 


5.7 


6.5 


7.3 


7.1 


5.9 


4.2 


2.6 


2.0 


54.6 




Crestline 


1.5 


1.9 


3.3 


4.4 


5.5 


6.6 


7.8 


7.1 


5.4 


3.5 


2.2 


1.6 


50,8 




Needles 


3.2 


4.2 


6.6 


8,9 


11.0 


12.4 


12.8 


11.0 


8.9 


6.6 


4.0 


2.7 


92.1 




Lucerne Yalley 


2.2 


2.9 


5.1 


6.5 


9.2 


11.0 


11.4 


9.9 


7.4 


5.0 


3.0 


1.8 


75.3 




San Bernardino 


2.0 


2.7 


3.8 


4.6 


5.7 


6.9 


7.9 


7.4 


5.9 


4.2 


2.6 


2.0 


55.5 




Twentynina Palms 


2.6 


3.6 


5.9 


7.9 


10.1 


11-2 


11.2 


10,3 


8.6 


5.9 


3.4 


2.2 


82.9 




Victorville 


2.3 


3.1 


4.9 


6.7 


9.3 


10.0 


11.2 


9,8 


7.4 


5.1 


2-8 


1.8 


74.6 


San Diego 


Chula Vista 


2.2 


2.7 


3.4 


3.8 


4.9 


4.7 


5.5 


4.9 


4.5 


3.4 


2.4 


2.0 


44.2 




Escondido 


2.1 


2.8 


3.8 


4-7 


5.6 


6.7 


6.8 


6.5 


5.4 


3.8 


2.5 


2.0 


52.5 




Oceanside 


2.2 


2.7 


3.4 


3.7 


4.9 


4.6 


4.6 


5.1 


4.1 


3.3 


2,4 


2.0 


42-9 




Pine Valley 


1.5 


2.4 


3.8 


5.1 


6.0 


7.0 


7.8 


7.3 


6.0 


4.0 


2.2 


1.7 


54.8 




Ramona 


2.1 


2.5 


4.0 


4.7 


5.6 


6.5 


7.3 


7.0 


5.6 


3.9 


2.5 


1.7 


53.4 




San Diego 


2.2 


2.5 


3.3 


3.4 


4.4 


4.0 


4.6 


4.6 


3.9 


3.3 


2.2 


2.0 


40.6 




Santee 


2.1 


2.7 


3.7 


4.5 


5.5 


6.1 


5.6 


6.2 


5.4 


3.8 


2.6 


2.0 


51.1 




Warner Springs 


1.6 


2.7 


3.7 


4.7 


5.7 


7.6 


8.3 


7.7 


6.3 


4-0 


2.5 


1.3 


56.0 


San Francisco 


San Francisco 


1.5 


1.3 


2.4 


3.0 


3.7 


4.6 


4.9 


4.8 


4.1 


2.8 


1.3 


0.7 


35,1 


San Joaquin 


Farmington 


1.5 


1.5 


2.9 


4.7 


6.2 


7.6 


8.1 


6.8 


5.3 


3.3 


1.4 


0.7 


50.0 




Lodt 


0.9 


1.5 


2.9 


5.1 


6.5 


7.0 


7.7 


7.7 


5.2 


3.1 


1.3 


0.7 


49.5 




Manteca 


1.5 


1.5 


3.0 


4.7 


6.4 


7.6 


8.1 


6.8 


5.3 


3.3 


1.4 


0.6 


50.1 




Stockton 


0.8 


1-5 


2.9 


4.7 


6.2 


7.4 


8.1 


6.8 


5.3 


3.2 


1.4 


0.6 


49.1 




Tracy 


1.0 


1.5 


2.9 


4.5 


6.1 


7.3 


7.9 


6.7 


5.3 


3.2 


1.3 


0.7 


48,5 


San Luis Obispo 


Aaoyo Grande 


2.0 


2.2 


3,2 


3,8 


4.3 


4.7 


4.3 


4.6 


3.8 


3.2 


2.4 


1.7 


40.0 




Atascadero 


1.2 


1.5 


2.8 


3.9 


4.5 


6.0 


6.7 


6.2 


5.0 


3.2 


1.7 


1.0 


43.7 




Morro Bay 


2.0 


2.2 


3.1 


3.5 


4.3 


4.5 


4.6 


4.6 


3.8 


3.5 


2.1 


1.7 


39-9 




Paso Robles 


1.6 


2.0 


3.2 


4.3 


5.5 


6.3 


7.3 


6.7 


5.1 


3.7 


2.1 


1.4 


49.0 




San Luis Obispo 


2.0 


2.2 


3.2 


4.1 


4.9 


5.3 


4.6 


5.5 


4.4 


3.5 


2.4 


1.7 


43.8 




San Miguel 


1.6 


2.0 


3.2 


4.3 


5.0 


6.4 


7.4 


6.8 


5.1 


3.7 


2.1 


1,4 


49.0 




San Simeon 


2.0 


2.0 


2.9 


3.5 


4.2 


4.4 


4.6 


4.3 


3.5 


3.1 


2.0 


1.7 


38.1 


San Mateo 


Half Moon Bay 


1.5 


1.7 


2.4 


3.0 


3.9 


4.3 


4.3 


4.2 


3.5 


2.8 


1.3 


1.0 


33.7 




Redwood City 


1.5 


1.8 


2.9 


3.8 


5.2 


5.3 


6.2 


5.6 


4.8 


3.1 


1.7 


1.0 


42,8 


Santa Barbara 


Carpenteria 


2.0 


2.4 


3.2 


3.9 


4.8 


5.2 


5.5 


5.7 


4.5 


3.4 


2.4 


2.0 


44.9 




Guadalupe 


2.0 


2.2 


3.2 


3.7 


4.9 


4.6 


4.5 


4.6 


4.1 


3.3 


2,4 


1.7 


41.1 




Los Alamos 


1.8 


2.0 


3.2 


4.1 


4.9 


5.3 


5.7 


5.5 


4-4 


3.7 


2.4 


1.6 


44,6 




Lompoc 


2.0 


2-2 


3.2 


3.7 


4.8 


4.6 


4.9 


4.8 


3.9 


3.2 


2.4 


1.7 


41.1 




Santa Barbara 


2.0 


2.5 


3.2 


3.3 


4.6 


5.1 


5.5 


4.5 


3.4 


2.4 


1.8 


1.8 


40.6 




Santa Maria 


1.8 


2.2 


3.2 


4.0 


5.0 


5.1 


5.1 


5.1 


4.5 


3.5 


2.4 


1.7 


43.7 




Sciv--.- 


9 " 


<^ 


r\ t^ 


J ^ 


5.Z 


S.- 


:; i 


?.T 


• ( 


3.7 


2.2 


V? 


^S.6 



Page 38.12 



Register 92, No. 32; 8-7-92 



Title 23 



Department of Water Resources 



§495 











■I^^M 




m^mm 


wmtmmm 










mm^^m 




Ann. 


County 


City 


Jan 


Feb 


Mar 


Apr 


May 


Jun 


Jul 


Aug 


Sep 


Oct 


Nov 


Dec 


Eto 


Santa Clara 


Gilroy 


1.3 


1.8 


3.1 


4.1 


5.3 


5.6 


6.1 


5.5 


4.7 


3.4 


1.7 


1.1 


43.6 




Los Gatos 


1.5 


1.8 


2.8 


3.9 


5.0 


5.6 


6.2 


5.5 


4.7 


3.2 


1.7 


1.1 


42.9 




PaloAfto 


1.5 


1.8 


2.8 


3.8 


5,2 


5.3 


6.2 


5.6 


5.0 


3.2 


1.7 


1.0 


43.0 




San Jose 


1.5 


1.8 


3.1 


4.1 


5.5 


5.8 


6.5 


5.9 


5.2 


3.3 


1.8 


1.0 


45.3 


Santa Cruz 


Santa Cruz 


1.5 


1.8 


2.6 


3.5 


4.3 


4.4 


4.8 


4.4 


3.8 


2.8 


1.7 


1.2 


36.6 




Watsonville 


1.5 


1.8 


2.7 


3.7 


4.6 


4.5 


4.9 


4.2 


4.0 


2.9 


1.8 


1.2 


37.7 


Shasta 


Burney 


0,7 


1.0 


2.1 


3.5 


4,9 


5.9 


7.4 


6.4 


4.4 


2.9 


0.9 


0.6 


40.9 




Fall River Mills 


0.6 


1.0 


2.1 


3.7 


5.0 


6.1 


7.8 


6.7 


4.6 


2.8 


0.9 


0.5 


41.8 




Glenbum 


0.6 


1.0 


2.1 


3.7 


5.0 


6.3 


7.8 


6.7 


4.7 


2.8 


0.9 


0.6 


42.1 




Redding 


1.2 


1.4 


2.6 


4.1 


5.6 


7.1 


8.5 


7.3 


5.3 


3.2 


1.4 


0.9 


48.8 


Sierra 


Downieviile 


0.7 


1.0 


2.3 


3.5 


5.0 


6.0 


7.4 


6.2 


4.7 


2.8 


0.9 


0.6 


41,3 




Sierraville 


0.7 


1.1 


2.2 


3.2 


4.5 


5.9 


7.3 


6.4 


4.3 


2.6 


0.9 


0.5 


39.6 


Siskiyou 


Happy Camp 


0.5 


0.9 


2.0 


3.0 


4.3 


5.2 


6.1 


5.3 


4.1 


2.4 


0.9 


0.5 


35.1 




Mt. Shasta 


0.5 


0.9 


2.0 


3.0 


4.5 


5.3 


6.7 


5.7 


4.0 


2.2 


0.7 


0.5 


36.0 




Tulelake 


0.5 


0.9 


2.1 


3.4 


5.3 


5.9 


7.9 


6.7 


4.4 


2.7 


0.9 


0.5 


41.2 




Weed 


0.5 


0.9 


2.0 


2.5 


4.5 


5.3 


6.7 


5.5 


3.7 


2.0 


0.9 


0.5 


34.9 




Yreka 


0.6 


0.9 


2.1 


3.0 


4.9 


5.8 


7.3 


6.5 


4.3 


2.5 


0.9 


0.5 


39.2 


Soiano 


Fairfield 


1.1 


1.7 


2.8 


4.0 


5.5 


6.1 


7.8 


6.0 


4.8 


3.1 


1.4 


0.9 


45.2 




Rio Vista 


0.9 


1.7 


2.8 


4.4 


5.9 


6.7 


7.9 


6.5 


5.1 


3.2 


1.3 


0.7 


47.0 


Sonoma 


Cloverdale 


1.1 


1.4 


2.6 


3.4 


5.0 


5.9 


6.2 


5.6 


4.5 


2.8 


1.4 


0.7 


40.7 




Fort Ross 


1.2 


1.4 


2.2 


3.0 


3.7 


4.5 


4.2 


4.3 


3.4 


2.4 


1.2 


0.5 


31.9 




Hearldsburg 


1.2 


1.5 


2.4 


3.5 


5.0 


5.9 


6,1 


5.6 


4.5 


2.8 


1.4 


0.7 


40,8 




Lincoln 


1.2 


1.7 


2.8 


4.7 


6.1 


7.4 


8.4 


7.3 


5.4 


3.7 


1.9 


1.2 


51.9 




Petaluma 


1.2 


1.5 


2.8 


3.7 


4.6 


5.6 


4.6 


5.7 


4.5 


2.9 


1.4 


0.9 


39.6 




Santa Rosa 


1.2 


1.7 


2.8 


3.7 


5.0 


6,0 


6.1 


5.9 


4.5 


2.9 


1.5 


0.7 


42.0 


Stanislaus 


La Grange 


1.2 


1.5 


3.1 


4.7 


6.2 


7.7 


8.5 


7.3 


5.3 


3.4 


1.4 


0.7 


51.2 




Modesto 


0.9 


1.4 


3.2 


4.7 


6.4 


7.7 


8.1 


6.8 


5.0 


"3.4 


1.4 


0.7 


49.7 




Newman 


1.0 


1.5 


3.2 


4.6 


6.2 


7.4 


8.1 


6.7 


5.0 


3.4 


1.4 


0.7 


49.3 




Oakdale 


1.2 


1.5 


3.2 


4.7 


6.2 


7.7 


8.1 


7.1 


5.1 


3.4 


1.4 


0.7 


50.3 




Turlock 


0.9 


1.5 


3.2 


4.7 


6.5 


7.7 


8.2 


7.0 


5.1 


3.4 


1.4 


0.7 


50.2 


Sutter 


Yuba City 


1.3 


2.1 


2.8 


4.4 


5.7 


7.2 


7.1 


6.1 


4.7 


3.2 


1.2 


0.9 


46.7 


Tehama 


Red Bluff 


1.2 


1.8 


2.9 


4.4 


5.9 


7,4 


8.5 


7.3 


5.4 


3.5 


1.7 


1.0 


51.1 




Coming 


1.2 


1.8 


2.9 


4.5 


6.1 


7.3 


8.1 


7.2 


5.3 


3.7 


1.7 


1.1 


50.7 


Trinity 


Hay Fork 


0.5 


1.1 


2.3 


3.5 


4.9 


5.9 


7.0 


6.0 


4.5 


2.8 


0.9 


0.7 


40.1 




Weaverville 


0.6 


1.1 


2.2 


3.3 


4.9 


5.9 


7,3 


6.0 


4.4 


2.7 


0.9 


0.7 


40.0 


Toutomme 


Groveland 


1.1 


1.5 


2.8 


4.1 


5.7 


7.2 


7.9 


6.6 


5.1 


3.3 


1.4 


0.7 


47.5 




Sonora 


1.1 


1.5 


2.8 


4.1 


5.8 


7.2 


7.9 


6.7 


5.1 


3.2 


1.4 


0.7 


47.6 


Tulare 


Alpaugh 


0.9 


1.7 


3.4 


4.8 


6.6 


7.7 


8.2 


7.3 


5.4 


3.4 


1.4 


0.7 


51.6 




Badger 


1.0 


1.3 


2.7 


4.1 


6,0 


7.3 


7.7 


7.0 


4.8 


3.3 


1.4 


0.7 


47.3 




Oinuba 


1.1 


1.5 


3.2 


4.7 


6.2 


7.7 


8.5 


7.3 


5.3 


3.4 


1.4 


0.7 


51.2 




Porterville 


1.2 


1.8 


3.4 


,4.7 


6.6 


7.7 


8.5 


7.3 


5.3 


3.4 


1.4 


0.7 


52,1 




Visalia 


1.0 


1.8 


3.4 


5.4 


7.0 


8.2 


8.4 


7.2 


5.7 


3.8 


1.7 


0.9 


54.3 


Ventura 


Oxnard 


2.2 


2.5 


3.2 


3.7 


4.4 


4.6 


5.4 


4.8 


4.0 


3.3 


2.4 


2.0 


42.3 




Thousand Oaks 


2.2 


2.7 


3.4 


4.5 


5.4 


5,9 


6.7 


6.4 


5.4 


3.9 


2.6 


2.0 


51.0 




Ventura 


2.2 


2.7 


3.2 


3.8 


4.6 


4.7 


5.5 


4.9 


4.1 


3.4 


2.5 


2.0 


43.5 


Yolo 


Davis 


1.0 


1.9 


3.3 


5.0 


6.4 


7.6 


8.2 


7.1 


5.4 


4.0 


1.8 


1.0 


52.5 




Winters 


1.7 


1.7 


2.9 


4.4 


5.8 


7.1 


7.9 


6.7 


5.3 


3.3 


1.6 


1.0 


49.4 




Woodland 


1.0 


1.8 


3.2 


4.7 


6,1 


7.7 


8,2 


7.2 


5.4 


3.7 


1.7 


1.0 


51.6 


Yuba 


Brownsville 


1.1 


1.4 


2.6 


4.0 


5.7 


6.8 


7.9 


6.8 


5.3 


3.4 


1.5 


0.9 


47.4 


































Average 


1.4 


1.9 


3.2 


4.6 


6.0 


6.9 


7.6 


6.8 


5.3 


3.6 


1.8 


1.1 


50.2 




Max 


3.2 


4.4 


6.7 


8.9 


11,1 


12.4 


12,8 


11.1 


9.1 


6.7 


4.0 


2.7 


92.9 




Min 


0.5 


0.7 


1.7 


2.5 


3.7 


3.5 


3.7 


3.7 


3.0 


2,0 


0.7 


0.4 


27.5 



History 
1. New section filed 7-31-92; operative 7-31-92 (Register 92, No. 32). 



Page 38.13 



Register 2003, No. 34; 8-22-2003 



§ 497.1 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



Chapter 2.7.1 . Flood Protection Corridor 
Program of the Costa-Machado Water Act of 

2000 

§497.1. Scope. 

(a) These regulations implement Sections 79035 through 79044, and 
79044.9 in Article 2.5 of Chapter 5 of Division 26 of the Water Code, 
which Division is the Costa-Machado Water Act of 2000. They establish 
a process for funding acquisition of property rights and related activities 
for flood protection corridor projects undertaken by the Department of 
Water Resources directly or through grants to local public agencies or 
nonprofit organizations. 

(b) The Flood Protection Corridor Program is statewide in scope. 
Within the geographic scope of the CALFED Bay-Delta Program, funds 
in the subaccount for this program shall be used for projects that, to the 
greatest extent possible, are consistent with the CALFED long-term plan 
identified in the Programmatic Record of Decision of August 28, 2000. 

NOTI-: Authority cited: Sections 8300, 12580 and 79044.9, Water Code; 2000 Cal. 

Stat. Ch. 52, Item No. 3860-101-6005; 2001 Cal. Stat. Ch. 106, Item No. 

3860-001-0001, Provision 3; and 2002 Cal. Stat. Ch. 379, Item No. 

3860-101-6003. Reference: Sections 79037, 79043, 79044 and 79044.9, Water 

Code 

History 

1 . New chapter 2.7. 1 (sections 497. 1-497. 12) and section filed 8-1 9-2003; opera- 
tive 8-19-2003 pursuant to Government Code section 1 1343.4 (Register 2003, 
No. 34). 

§ 497.2. Definitions. 

The words used in this chapter have meanings set forth as follows: 

(a) "A List" means the preferred priority list of projects described in 
Section 497.6. 

(b) "Applicant" means an entity that is acting as the principal party 
making an application for funding under the provisions of the Costa-Ma- 
chado Water Act of 2000. 

(c) "B List" means the reserve priority list of projects described in Sec- 
tion 497.6. 

(d) "CEQA" means the California Environmental Quality Act, Public 
Resources Code Sections 21000 et seq. 

(e) "Department" means the California Department of Water Re- 
sources. 

(f) "Director" means the Director of the Department of Water Re- 
sources. 

(g) "FEMA" means the Federal Emergency Management Agency. 
(h) "Fully funded" with respect to a grant project means funded to the 

full amount of the requested funds or to the funding limit, whichever is 
less. 

(i) "Grant application form" means the Department's form entitled 
"Flood Protection Corridor Program Project Evaluation Criteria and 
Competitive Grant Application Form" dated April 9, 2003 and incorpo- 
rated herein by this reference. 

(j) "Local public agency" means any political subdivision of the State 
of CaUfomia, including but not limited to any county, city, city and 
county, district, joint powers agency, or council of governments. 

(k) "Milestone" means a time when a significant portion of a project 
is completed, as defined in the contract as a time for disbursement of 
grant funds. 

(/) "Nonprofit organization" means an organization that does not oper- 
ate for profit and has no official governmental status, including but not 
limited to clubs, societies, neighborhood organizations, advisory coun- 
cils, conservation organizations and privately run local community con- 
servation corps. 

(m) "Program" means the Flood Protection Corridor Program estab- 
lished by Water Code Division 26, Chapter 5, Article 2.5. 

(n) "Property interest" means any right in real property, including 
easement, fee title, and any other kind of right acquired by legally binding 
means. 



(0) "Project" means all planning, engineering, acquisition of real prop- 
erty interests, construction and related activities undertaken to imple- 
ment a discrete action undertaken under the program pursuant to Water 
Code Section 79037. 

(p) "Sponsor" means an applicant who has received grant funding 
through the application process described in these regulations. 

(q) "Subaccount" means the Flood Protection Corridor Subaccount 
created by Water Code Section 79035(a). 

NOTE: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Refer- 
ence: Sections 79035, 70937, 79038(a) and 79043, Water Code; and Sections 
21000 el seq.. Public Resources Code. 

History 

I. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government 
Code section 113434 (Register 2003, No. 34). 

§ 497.3. Program Management Process. 

The Department selects, approves, funds, and monitors projects 
funded by grants under the program. The process of manag: ng the pro- 
gram includes these steps: 

(a) The Department shall appoint and maintain a Project Evaluation 
Team composed of Department staff and other consulting governmental 
agencies. The Department may request consultation with any appropriate 
government agency, including but not limited to the Department of Con- 
servation, the Department of Fish and Game, the Department of Food and 
Agriculture, the Office of Emergency Services, and the CALFED Bay- 
Delta Program. 

(b) Local public agencies or nonprofit organizations qualified under 
Section 497.4 may apply for program grants for projects at such times as 
the Department may designate. Applications for proposed projects shall 
be submitted in response to a solicitation issued by the Department. As 
long as uncommitted funds remain available to fund new projects, the 
Department shall solicit proposals at least once per calendar year. The 
time period for submitting applications shall be 90 days from the date no- 
tice is given by the Department that project proposals are being solicited. 
Notices shall be provided to cities, counties, flood control districts, recla- 
mation districts, and other local government entities that manage flood 
plains and flood control projects. The Department will also provide no- 
tice to nonprofit organizations with interest in flood management issues, 
and shall send nofice to all individuals and organizations that have re- 
quested notice of the opportunity to submit applications. Notices may be 
given by mail, electronic mail, website posting, or any other method that 
provides easy access and prompt availability. Projects shall meet the re- 
quirements of Section 497.5. Applications shall meet the requirements 
of Section 497.7. 

(c) The Project EvaluaUon Team shall review each application and 
evaluate the subject project within 60 days of the close of the specified 
submittal period, or within 60 days of receipt of requested additional in- 
formation, whichever is later. 

(d) The Project Evaluation Team shall notify the Department to re- 
quest the applicant to provide additional information within 30 days of 
the Department' s request if: 

(1) The project appears potentially eligible but is missing information 
needed to evaluate the merits of the project, or 

(2) Additional information is needed to evaluate the merits of the proj- 
ect in comparison to others received. 

(e) If the requested additional information cannot be provided in 30 
days, the applicant may refile its application with the additional informa- 
tion at the Department's next solicitation of proposals. 

(f) When a proposal that meets minimum qualifications is complete 
and all requested additional information has been supplied, the Project 
Evaluafion Team shall complete the evaluation of the project including 
recommending its place on a priority list as described in Section 497.6. 

(g) After each solicitation of proposals, Department staff, using the 
evaluations and recommended priorities of the Project Evaluation Team, 
shall recommend projects, priority, and amounts per project to be funded 
and submit the recommendations to the Director for approval of the prior- 
ity lists. Department staff may recommend: 



Page 38.14 



Register 2003, No. 34; 8-22-2003 



Title 23 



Department of Water Resources 



§ 497.5 



• 



( 1 ) Allocating any portion of the available funds to projects managed 
and funded directly by the Department. 

(2) Allocating any or all of the remaining available funds to grants for 
projects on the A List, until all A List projects are fully funded. 

(3) Allocating the remaining available funds to grants for projects on 
the B List, provided all A List projects are fully funded. 

(4) Allocating partial funding to one or more of the projects on the 
priority list currently being funded. 

(h) Department staff will apply a maximum funding guideline of 
$5,000,000 per project in its recommendations to the Director, although 
the staff may recommend funding above the guideline and the Director 
may increase the amounts for individual projects if necessary to achieve 
the goals of the program. 

(i) The Director will determine the final content and priority order of 
the lists and the amount of funding for each project. The total funding of 
all projects on the Director-approved priority lists may be less than or 
more than the funding available. 

(j) If the total funding for all projects on the Director-approved prior- 
ity lists is less than available funds, staff will wait until the next solicita- 
tion of proposals to resubmit unfunded projects or submit new projects 
to the Director for listing. 

(k) After the establishment of satisfactory Director-approved priority 
lists, the Department shall hold public hearings, if required by Section 
497.8 or the Department deems advisable, on the projects to be funded. 
After consideration of the results of the public hearing, if the unfunded 
project first in priority order still meets the requirements of Section 
497.5, if program funds remain, and if the applicant desires to pursue the 
project. Department staff will recommend the Director award a grant to 
the applicant. When the Director approves grant funding for the project, 
the applicant becomes the project sponsor. 

(/) Prior to expending any funds, the Department and the sponsor shall 
enter into a grant contract as specified in Section 497.9. 

(m) Grant funds will be disbursed as provided in the contract to reim- 
burse costs incurred by the sponsor, but not for the following: 

(1) Project activities that could affect the environment, until the spon- 
sor complies with all applicable requirements of CEQA and other envi- 
ronmental laws, and 

(2) Project activities requiring permits, until the permits are obtained. 

(3) Property rights for which the public hearing required in Section 
497.8 has not been held. 

(n) The Department may withhold up to 10 percent of each disburse- 
ment, as specified in the contract, to ensure completion of the project. 

(o) When the project is completed to the satisfaction of the Department 
and the sponsor has provided a completion report as described in Section 
497.10 and a maintenance plan as described in Section 497. 11, the De- 
partment will notify the sponsor that the project is accepted and will pay 
any withheld funds. 

(p) The sponsor shall provide for permanent maintenance of the proj- 
ect until the Department determines that maintenance is no longer neces- 
sary. The Department will monitor and enforce project maintenance as 
described in Section 497. 1 1 . 

(q) In rare cases, the need for project maintenance may end. The spon- 
sor may present evidence in writing that maintenance will no longer be 
necessary after a certain date or after certain conditions occur. The De- 
partment, at its sole discretion, may determine in advance that mainte- 
nance will no longer be necessary after the specified date or after the oc- 
currence of the specified conditions. 

(r) If the Department determines that maintenance is now no longer 
necessary or will no longer be necessary after a certain future date, the 
sponsor after such determination or such future date, whichever is appli- 
cable, shall return to the State the principal and unused proceeds of any 
maintenance trust funds originating from a grant under this program. 
NOTE: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Refer- 
ence: Sections 79038(a), 79042, 79044(a) and 79044(b), Water Code; and Califor- 
nia Code of Regulations, Title I, Section 15004(b). 



History 
1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government 
Code section 1 L343.4 (Register 2003, No. 34). 

§ 497.4. Qualifications of Applicants; Disbursement of 
Program Funds. 

(a) An applicant for grant funds for a project may be a local public 
agency, a nonprofit organization, or an organization representing more 
than one local public agency or nonprofit organization. On approval of 
the application and granting of funds, such organization may remain a 
sponsor, or may transfer such approval to another eligible organization 
to sponsor the project, subject to concurrence from the Department. 

(b) The Department may perform projects using program funds, or 
may transfer program funds to other State agencies to perform projects 
pursuant to an interagency agreement. 

(c) The Department may participate with local agencies, nonprofit or- 
ganizations, other State agencies, and federal agencies in performing 
projects. The Department shall not award grants to participants in such 
projects, but shall contribute program funds directly for payment of its 
share of the costs. 

NOTE: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Refer- 
ence: Section 79037(a), Water Code. 

History 
I. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government 
Code section 1 1343.4 (Register 2003, No. 34). 

§ 497.5, Eligible Projects and Priorities for Grant Funding. 

(a) Grant funding will be available for projects that: 

(1) Meet or will meet statutory requirements, as follows: 

(A) The California Conservation Corps or community conservation 
corps is used when feasible (Water Code Section 79038(b)). 

(B) No proposed acquisitions of property interests for the purpose of 
protecting or enhancing flood protection corridors while preserving or 
enhancing agricultural use are fee interests unless the Department has 
considered all practical alternatives (Water Code Section 79039(a)). 

(C) All proposed acquisitions of property interests are from willing 
sellers (Water Code Section 79040). 

(D) If the project includes acquisitions of property interests, it also in- 
cludes a plan to minimize the impact on adjacent landowners (Water 
Code Section 79041). 

(E) If the project includes acquisitions of property interests, a public 
hearing has been held or will be held before acquiring the property inter- 
est (Water Code Section 79042). 

(F) The applicant certifies that it can maintain the project, using a trust 
fund established with grant funds if necessary (Water Code Section 
79044). 

(2) Are designed to do one or more of the following (Water Code Sec- 
tion 79037(b)): 

(A) Acquire property interests to protect or enhance a flood protection 
corridor or floodplain while preserving or enhancing agricultural use. 

(B) Set back existing levees and strengthen or modify related levees. 

(C) Acquire property interests in a floodplain that cannot reasonably 
be protected from floods. 

(D) Acquire property interests to protect or enhance a flood protection 
corridor while preserving or enhancing wildlife value. 

(3) Are located at least partially in one or more of the following: 

(A) A FEMA Special Flood Hazard Area. 

(B) An area that would be inundated if the project were completed and 
an adjacent FEMA Special Flood Hazard Area were inundated. 

(C) A floodway designated by The Reclamation Board under Water 
Code Section 8402(f). 

(D) An area below the elevation of the 100-year recurring flood, 
shown on a locally adopted base flood elevation map based on a hydro- 
logic and hydraulic analysis prepared by a civil engineer registered pur- 
suant to California law or a Professional Hydrologist-Surface Water cer- 
tified by the American Institute of Hydrology. 



Page 38.15 



Register 2003, No. 34; 8-22-2003 



§ 497.6 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



(E) An area demonstrated to the satisfaction of the Department of Wa- 
ter Resources to be hydrologically equivalent to one of those described 
in Subparagraphs (A), (B), or (D). 

(b) Highest priority under the program will be given to projects that 
meet the requirements of Subsection (a), that the Department has given 
high priority for purposes of flood protection, and that: 

(1) The Department of Conservation has given high priority for pur- 
poses of preserving agricultural land under the California Farmland Con- 
servancy Program, or 

(2) The Department of Fish and Game has given high priority for pur- 
poses of wildlife habitat protection or restoration. 

NOTE: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Refer- 
ence: Sections 8402(f), 79037(b), 79038(b), 79039(a), 79040, 79041, 79042, 
79044(a) and 79044(b), Water Code. 

History 
1 . New section filed 8-19-2003; operative 8-19-2003 pursuant to Government 
Code section 1 1343.4 (Register 2003, No. 34). 

§ 497.6. Priority Lists and Criteria for Setting Project 
Priority. 

(a) The Department shall establish two priority lists of projects after 
each solicitation of proposals. The preferred list (A List) will contain 
those projects qualifying for highest priority in Section 497.5(b), and the 
reserve list (B List) all other projects qualified under Section 497.5(a). 
Within those lists, the Department will prioritize projects on a project val- 
ue derived from a numeric evaluation of applications as set forth in the 
grant application form. 

(b) To assist in evaluating individual project applications, the Depart- 
ment may consult with the applicant, interested stakeholders, local agen- 
cies. State agencies or federal agencies with an interest in or jurisdiction 
over any of the items listed in Subsection (c). 

(c) In establishing the project value, the Department will consider the 
criteria in Sections IV, V and VI of the grant application form, giving 
approximately equal weight to each section. 

NOTE: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Refer- 
ence: Section 79038(a), Water Code. 

History 

1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government 
Code section 1 1343.4 (Register 2003, No. 34). 

§ 497.7. Application for Grant Funding. 

Applicants for grant funding under the program shall file a complete 
grant application with the Department including a grant application 
form. The Department shall not revise the grant application form during 
any period in which project proposals are being solicited. A complete ap- 
plication shall contain the completed grant application form and at least 
the following information: 

(a) A description of the proposed project including: 

( 1) A statement of the problem being addressed. 

(2) A discussion of the ways that the project addresses the problem and 
satisfies the purposes described in Section 497.5(a)(2). 

(3) A description of the project approach. 

(4) A discussion of the expected outcome and benefits of the project. 

(5) A description of the geographic boundaries of the project. 

(6) Verification that the project is located at least partially in one of the 
qualifying areas listed in Section 497.5(a)(3). 

(7) A description and justification of any proposed use of program 
funds for flood control system or water system repairs performed as part 
of an easement program or a project developed or financed under the pro- 
gram (Water Code Section 79043). 

(8) A demonstration that the project is technically feasible. 

(9) A hydrologic and hydraulic analysis prepared by a civil engineer 
registered pursuant to California law or a Professional Hydrologist-Sur- 
face Water certified by the American Institute of Hydrology. 

(10) A complete initial study environmental checklist as required by 
Section 15063(f), Title 14, California Code of Regulations, and if avail- 
able, a completed Environmental Impact Report or other environmental 
documentation as required by CEQA. 



(1 1) A list of required permits for the project and an implementation 
plan for their procurement. 

(b) Maps and drawings as necessary to describe the project, including: 

(1) A vicinity map. 

(2) A map indicating location of project features and boundaries of af- 
fected property. 

(3) Drawings or sketches of project features as necessary to describe 
them. 

(c) A financial summary including: 

( 1 ) The estimated cost of the project broken down by task. 

(2) The estimated flood control benefits of the project. 

(3) The amount of the grant requested. 

(4) The estimated amount to be funded by the applicant. 

(5) Identification of any other parties contributing to the cost, and the 
amounts and activities to be funded by them. 

(d) A summary of proposed property acquisition rights including: 

(1) Identification of each property. 

(2) Names, addresses and telephone numbers of the property owners 
and lessees or tenants. 

(3) The type of property rights to be acquired (such as easement or fee 
tifle). 

(4) Evidence that affected landowners are willing participants in any 
proposed real property transactions. 

(5) A justification of any proposed acquisition of fee interest in proper- 
ty to protect or enhance a flood protection corridor or floodplain while 
preserving or enhancing agricultural use (Water Code Section 
79037(b)(1)) which includes: 

(A) Reason for the fee tifle acquisition. 

(B) Alternatives considered to fee tifle acquisiflon for each property. 

(C) Proposed final disposition of the property. 

(D) Effect on county property tax revenue. 

(e) A tentaUve work plan for the project including: 

(1) A timetable for execution of the project. 

(2) A task breakdown for the project. 

(3) A description of how services of the California Conservation 
Corps, or local community conservation corps will be used in the project. 

(f) A list of names and addresses of owners of all property interests in 
parcels adjacent to those for which acquisition of property rights is pro- 
posed. 

(g) If property rights are to be acquired for the project, or if a need is 
indicated in environmental review documentaflon prepared for the proj- 
ect pursuant to CEQA, a plan to minimize the impact of the project on 
adjacent property owners, including but not limited to the following (Wa- 
ter Code Section 79041): 

(1) An evaluation of the impact on floodwaters. 

(2) The structural integrity of affected levees. 

(3) Diversion facilities. 

(4) Current and historic agricultural practices on the project site and 
in the vicinity. 

(5) Timber extraction operations. 

(6) An evaluation with regard to maintenance. 

(h) A description of the input and participation that local groups and 
affected parties provided in the preparation of the work plan and applica- 
tion. 

(i) A statement relative to the use of a trust fund for maintenance, or 
any proposed alternative, as specified in Water Code Section 79044. 

(j) Either or both of the following, depending on applicability: 

(1) An analysis of the project benefits to wildlife habitat. 

(2) A description of project actions to preserve agricultural land, 
(k) A statement of qualifications for the project team. 

(/) A written statement by an attorney certifying that the applicant is 
authorized to enter into a grant agreement with the State of California. 
Note: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Refer- 
ence: Sections 79037(b), 79038(b), 79039(a), 79040, 79041, 79043, 79044(a) and 
79044(b), Water Code; Sections 21000 et seq.. Public Resources Code; and 
California Code of Regulations, Title 14, Section 15063(f)- 



Page 38.16 



Register 2003, No. 34; 8-22-2003 



Title 23 



Department of Water Resources 



§497.10 



History 

1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government 
Code section 1 1343.4 (Register 2003, No. 34). 



§ 497.8. Public Hearings. 

Public hearings for projects shall conform to the following: 

(a) The Deparlmenl shall hold public hearings for all projects requiring 
acquisition of property rights, prior to acquisition of those rights, and 
may hold public hearings for other projects as it deems advisable. 

(b) Hearings shall be held in the county or one of the counties where 
the project is located. If all or a portion of the project is in a municipality, 
the hearing shall be held in the municipality or one of the municipalities 
where the project is located. 

(c) The Department shall give notice of the hearing in accordance with 
the following: 

( 1 ) Notice shall be given by mail at least 10 days before the hearing to 
the Board of Supervisors of the affected county or counties, adjacent 
landowners, affected water districts, local municipalities, individuals 
and organizations that have requested notice, and other interested parties 
as determined by the Department. 

(2) Notice of the hearing shall be given to the general public by publi- 
cation in at least one newspaper of general circulation in the local com- 
munity for at least once a week for two successive weeks. 

(3) The notice shall set the time and place of the hearing which shall 
be not less than 10 days following the completion of publication. The no- 
tice shall state that the purpose of the hearing is to inform and obtain com- 
ment from the public on the proposed acquisition of property rights for 
the project or projects. The notice may include other specific subjects 
pertaining to the project. 

(4) Additionally, notice may be circulated by electronic mail, web site 
posting or other methods that provide easy access and prompt availabil- 
ity. 

(d) Any owner of land in or adjacent to the project or other interested 
person may offer and the Department shall receive any relevant evidence 
or testimony concerning the proposed property acquisitions or other sub- 
ject specified in the hearing notice or by the hearing officer. 

(e) The Department shall prepare a summary of comments made at the 
hearing. 

(f) Within 30 working days after the public hearing, the Department 

shall make the summary of cominents available. 

NOTE: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Refer- 
ence: Section 79042, Water Code. 

History 

1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government 
Code section 11 343 .4 (Register 2003, No. 34). 

§ 497.9. Grant Contract Requirements. 

(a) Before the Department will enter into a grant contract, the sponsor 
shall develop a work plan satisfactory to the Department. To assist the 
sponsor to develop a work plan, the Department may visit the project site 
to assess its conditions and needs and may confer with the project spon- 
sor, project supporters, and other local officials, agencies, and organiza- 
tions with an interest in the project. The Department may convey recom- 
mendations and information obtained from these efforts to the sponsor. 
The work plan shall reflect the specific schedule and components of the 
project. The sponsor may revise the work plan from time to time during 
project execution with the approval of the Department. 

(b) The project sponsor, and all members of a joint sponsoring orga- 
nization, shall provide copies of resolutions from their organizations ac- 
cepting the grant and authorizing specific individuals to sign the contract 
on behalf of each. 

(c) The Department may enter into a contract before the sponsor has 
obtained all applicable permits, but may not disburse any funds to be used 
for project construction until the sponsor has comphed with all applica- 
ble federal. State, and local laws, rules and regulations, and obtained all 
required permits. 



(d) If a contract is not signed within six months of the dale the grant 
is awarded, the grant may be withdrawn. 

(e) All contracts shall be signed by the sponsor, and, if the sponsor is 
a joint sponsoring organization, all the member organizations. If the 
sponsor is a nonprofit organization that is not incorporated, it must desig- 
nate a fiscal agent satisfactory to the Department to act on its behalf, and 
provide evidence that the fiscal agent agrees to so act. 

(f) The contract shall require the sponsor to make a progress report to 
the Department, as described in Section 497. 10, as a prerequisite to each 
grant disbursement. The Department will monitor progress and may 
withhold up to 100 percent of the currently requested grant payment if 
progress is not satisfactory. 

(g) The contract shall require the sponsor to submit a written comple- 
tion report as described in Section 497.10. 

(h) The contract shall provide that during planning and construction 
the Department may inspect the project at any reasonable time to ensure 
it is being carried out in accordance with the work plan, and after comple- 
tion to ensure that it is being properly maintained. 

(i) The contract shall specify the percentage of each payment, not to 
exceed 10 percent, to be withheld to ensure completion of the project. 

(j) The contract shall either define project completion milestones, at 
which time payment of grant funds will be made for completed work, or 
state that payment will be made quarterly in arrears upon receipt of in- 
voices. 

(k) The contract shall require the sponsor to prepare a maintenance 
plan as described in Section 497.1 1. 

(/) The contract shall provide, but not be limited to the following: 

(1) The sponsor will assure that the project will be operated, main- 
tained, repaired, replaced and rehabilitated until the Department deter- 
mines that it is no longer necessary. 

(2) The sponsor will perform the maintenance with its own forces, or 
will employ another agency or organization satisfactory to the Depart- 
ment. 

(3) The sponsor will control encroachments on the project facilities 
and properties, whether unauthorized or permitted, and will not permit 
any encroachments that will adversely affect the function or maintenance 
of the project facilities and properties. 

(4) The Department shall have access at all times to monitor the effec- 
tiveness of maintenance of the completed facilities and the properties for 
which interests were purchased. 

(5) If the Department deems maintenance measures, repairs, replace- 
ments or rehabilitation necessary, and the sponsor does not, in the opin- 
ion of the Department, provide these services promptly, the Department 
may upon 30 days' written notice enter upon the property and perform 
the required work, and bill the sponsor and the sponsor will pay the cost 
of any work so performed. 

(6) The sponsor will hold and save the State free and harmless from 
any and all claims or damages arising out of or in connection with the 
planning, design, construction, operation, maintenance, repair, replace- 
ment, or rehabilitation of the project facilities and properties. 

NOTE: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Refer- 
ence: Section 79044(a), Water Code. 

History 

1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government 
Code section 11 343 .4 (Register 2003, No. 34). 



§497.10. Progress Reports. 

(a) The sponsor shall submit project progress reports to the Depart- 
ment that include the following: 

(1) Records of expenditures. 

(2) Description of project activities since the previous report. 

(3) Status of the project relative to the progress schedule. 

(4) Key issues that must be resolved. 

(5) Results of project monitoring. 

(b) The first progress report shall be made three months after contract 
award or upon submittal of the first invoice, whichever comes first. 



Page 38.17 



Register 2007, No. 21; 5-25-2007 



§ 497.11 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



(c) Intermediate progress reports shall be made quarterly or upon 
reaching a milestone, whichever the contract requires. 

(d) The sponsor shall submit a completion report that shall constitute 
the final progress report and must include: 

(1 ) All items required in Subsections (a)(1) through (a)(3). 

(2) Photographs of the before-project condition. 

(3) Photographs of planning and restoration activities and techniques. 

(4) Photographs of the completed condition. 

NOTE: Authority cited: Sections 8300, 12580 and 79044.9. Water Code. Refer- 
ence: Sections 79037 and 79043, Water Code. 

History 
1. New section filed 8-19-2003: operative 8-19-2003 pursuant to Government 
Code section 11 343.4 (Register 2003, No. 34). 

§ 497.1 1 . Maintenance Plan. 

The sponsor shall provide a maintenance plan satisfactory to the De- 
partment that shall include; 

(a) A description of the facilities and properties to be maintained. 

(b) The name of the maintaining agency. 

(c) A description of periodic maintenance activities that will be per- 
formed, and the frequency and timing of performance. 

(d) A statement about the source of funds for the maintenance. If a trust 
fund is established for maintenance under the provisions of Water Code 
Section 79044, the statement shall include information about the ex- 
pected sufficiency of the trust fund proceeds and the need for and source 
of additional funding. 

(e) A certification under penalty of perjury that the sponsor can pay for 
maintenance of the land to be acquired and the project facilities from 
funds available to the sponsor, including any trust fund proceeds. 

(f) A provision requiring the sponsor to provide annual pictorial re- 
ports to the Department each year between July 1 and July 15, describing 
the maintenance activities performed during the year and any mainte- 
nance problems that currently exist. 

(g) A provision that the sponsor assures that the maintenance measures 
or repairs that the Department deems necessary will be promptly taken 
or made. 

NOTE; Authority cited: Sections 8300, 12580 and 79044.9. Water Code. Refer- 
ence: Sections 79044(a) and 79044(b), Water Code. 

History 

1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government 
Code section 11 343.4 (Register 2003, No. 34). 

§ 497.12. Audits and Record Keeping. 

(a) All sponsor records and documents pertaining to the grant shall be 
maintained by the sponsor until three years after the final payment of 
grant funds is made. 

(b) All sponsor records and documents pertinent to the grant shall be 
available for inspection and audit by the Department or the State Auditor 
during normal business hours. 

(c) The Department or the State Auditor may audit the records of the 
project at any time within three years after final payment of grant funds. 
NOTE: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Refer- 
ence: Sections 79037 and 79044(a), Water Code. 

History 

1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government 
Code section 11 343 .4 (Register 2003, No. 34). 



Chapter 2.5.2. Yuba Feather Flood 

Protection Program of the Safe Drinking 

Water, Clean Water, Watershed Protection, 

and Flood Protection Act 

§ 499.1 . Scope. 

(a) These regulations implement Article 8 of Chapter 5 of Division 26 
of the Water Code, which is the Yuba Feather Flood Protection Program 
of the Safe Drinking Water, Clean Water, Watershed Protection, and 
Flood Protection Act of 2000, approved by voters March 7, 2000. They 



establish a process for funding feasibility studies, designs, and imple- 
mentation of flood protection projects that may be performed by local 
public entities under the Yuba Feather Flood Protection Program. 

(b) Administrative costs of not more than 5 percent of the total amount 
deposited in the subaccount for this program as set forth in Water Code 
Section 79068. 1 8 shall be allocated to the Department of Finance for the 
purpose of issuing bonds and auditing the program. 

(c) Department of Water Resources costs for administering this pro- 
gram shall also be funded by the subaccount, but are not included in the 
amount set forth in Water Code Section 79068. 1 8. 

NOTE: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. 
Reference: Sections 79068.6 and 79068.18, Water Code; and 2000 Cal. Stat. Ch. 
52, Item No. 3860-101-6010. 

History 

1. New chapter 2.5.2 (sections 499.1-499.8) and section filed 9-26-2000 as an 
emergency; operative 9-26-2000 (Register 2000, No. 39). A Certificate of 
Compliance must be transmitted toOAL by 1-24-2001 oremergency language 
will be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 9-26-2000 order transmitted to OAL 
1-24-2001 and filed 3-6-2001 (Register 2001, No. 10). 

3. Amendment of subsection (a) and amendment of Note filed 2-25-2003: opera- 
tive 2-25-2003 pursuant to Government Code section 1 1343.4 (Register 2003, 
No. 9). 

4. Amendment filed 6-20-2005 as an emergency; operative 6-20-2005 (Register 
2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 
10-18-2005 oremergency language will be repealed by operafion of law on the 
following day. 

5. Reinstatement of section as it existed prior to 6-20-2005 emergency amend- 
ment by operafion of Government Code secfion 1 1346.1(0 (Register 2006, No. 
7). 

6. Amendment filed 1-5-2007 as an emergency; operative 1-5-2007 (Register 
2007, No. 1 ). A Certificate of Compliance must be transmitted to OAL by 
5-7-2007 or emergency language will be repealed by operation of law on the 
following day. 

7. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4-10-2007 
and filed 5-21-2007 (Register 2007, No. 21). 

§ 499.2. Definitions. 

The words used in these regulations have the meanings set forth as fol- 
lows: 

(a) "Applicant" means a local public entity which has legal authority 
and jurisdiction to implement flood control programs in the area of con- 
sideration and files an application for funding under the provisions of the 
Bond Law and these regulations. 

(b) "Bond Law" means the Yuba Feather Flood Protection Program of 
the Safe Drinking Water, Clean Water, Watershed Protection, and Flood 
Protection Act, as set forth in Article 8 of Chapter 5 of Division 26 of the 
Water Code (commencing with Section 79068). 

(c) "Department" means the California Department of Water Re- 
sources. 

(d) "CEQA" means the California Environmental Quality Act. 

(e) "CPM diagram" means a Critical Path Method diagram, which is 
a schedule that is derived by calculating the total duration of a project 
based on individual task durations and their interdependencies. A CPM 
diagram is usually depicted in a bar graph format, graphically showing 
the task durations and interdependencies. 

(f) "Design" means all activities following a feasibility study leading 
to physical definition of the project in sufficient detail to facilitate project 
implementation. 

(g) "Economic feasibility" is determined by calculating the ratio of 
economic benefits to economic costs for a given alternative. A project is 
"economically feasible" when this ratio is greater than or equal to one. 

(h) "Feasibility study" means an investigation resulting in a report that 
provides the information for design and implementation of a project, and 
demonstrates whether the described approach is economically and tech- 
nically feasible and appropriate for implementation. 

(i) "Implementation" means those actions taken to put a designed proj- 
ect into effect, including both the construction of project works and car- 
rying out a program for flood damage reduction that does not require 
construction. 

(j) "Local public entity" means any political subdivision of the State 
of California, including, but not limited to, any county, city, city and 



Page 38.18 



Register 2007, No. 21; 5-25-2007 



Title 23 



Department of Water Resources 



§ 499.4 



county, district, joint powers agency, or council of governments within 
the area of consideration. 

(k) "Recipient" means an applicant who has received grant funding 
through the feasibility study, design, or implementation funding applica- 
tion process. 

(/) "Tributaries" means those watercourses that currently flow to the 
Yuba River, the Feather River or the Colusa Drain. 

(m) "Unit", unless context indicates otherwise, means all or a desig- 
nated portion of a flood protection project that constitutes either: 

( 1 ) "Design unit": the whole or a portion of a plan selected in a feasibil- 
ity study, designated for design, or 

(2) "Implementation unit": the whole or a portion of a design or aggre- 
gate of designs, designated for implementation. 

NOTE; Authority cited: Sections 8300. 12580, 12609 and 79068.20, Water Code. 
Reference: Sections 79068.6, 79068.8, 79068.10 and 79068.14, Water Code. 

History 

1 . New section filed 9-26-2000 as an emergency; operative 9-26-2000 (Register 
2000, No. 39). A Certificate of Compliance must be transmitted to OAL by 
1-24-2001 or emergency language will be repealed by operation of law on the 
following day. 

2. Certificate of Compliance as to 9-26-2000 order, including amendment of sec- 
tion, transmitted to OAL 1-24-2001 and filed 3-6-2001 (Register 2001, No. 
10). 

3. Amendment of section and NoTK filed 2-25-2003; operative 2-25-2003 pur- 
suant to Government Code section 1 1343.4 (Register 2003, No. 9). 

4. Amendment filed 6-20-2005 as an emergency; operative 6-20-2005 (Register 
2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 
1 0- 1 8-2005 or emergency language will be repealed by operation of law on the 
following day. 

5. Reinstatement of section as it existed prior to 6-20-2005 emergency amend- 
ment by operation of Government Code section 1 1346.1(0 (Register 2006, No. 

7). 

6. Amendment filed 1-5-2007 as an emergency; operadve 1-5-2007 (Register 
2007, No. 1). A Certificate of Compliance must be transmitted to OAL by 
5-7-2007 or emergency language will be repealed by operation of law on the 
following day. 

7. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4-10-2007 
and filed 5-21-2007 (Register 2007, No. 21). 

§ 499.3. Area of Consideration. 

Only applicants with flood control jurisdiction in the following areas 
will be considered eligible for feasibility study, design, or implementa- 
tion funding: 

(a) Yuba and Feather Rivers and their tributaries; and/or 

(b) The Colusa Drain and its tributaries; and/or 

(c) Sutter County, for the purposes of implementing Water Code Sec- 
tion 79068.12. 

Note: Authority cited: Secdons 8300, 12580, 12609 and 79068.20, Water Code. 
Reference: Secdons 79068.6 and 79068.10(g) and (i) and 79068.12, Water Code. 

History 

1 . New section filed 9-26-2000 as an emergency; operative 9-26-2000 (Register 
2000, No. 39). A Certificate of Compliance must be transmitted to OAL by 
1-24-2001 or emergency language will be repealed by operation of law on the 
following day. 

2. Cerdficate of Compliance as to 9-26-2000 order transmitted to OAL 
1-24-2001 and filed 3-6-2001 (Register 2001, No. 10). 

3. Amendment of first paragraph and Note filed 2-25-2003; operative 
2-25-2003 pursuant to Government Code secdon 1 1343.4 (Register 2003, No. 
9). 

4. Amendment of secdon heading and secdon filed 6-20-2005 as an emergency; 
operative 6-20-2005 (Register 2005, No. 25). A Certificate of Compliance 
must be transmitted to OAL by 10-18-2005 or emergency language will be re- 
pealed by operation of law on the following day. 

5. Reinstatement of section heading and section as they existed prior to 6-20-2005 
emergency amendment by operadon of Government Code section 11346.1(f) 
(Register 2006, No. 7). 

6. Amendment of secdon heading and section filed 1-5-2007 as an emergency; 
operadve 1-5-2007 (Register 2007, No. 1). A Certificate of Compliance must 
be transmitted to OAL by 5-7-2007 or emergency language will be repealed by 
operation of law on the following day. 

7. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4-10-2007 
and filed 5-21-2007 (Register 2007, No. 21). 



§ 499.4. Feasibility Studies. 

(a) The Department shall administer a grant program to fund feasibil- 
ity studies consistent with the Bond Law and these regulations. Feasibil- 
ity studies funded under this Chapter shall determine the engineering, hy- 
drogeologic, environmental, economic and financial feasibility of a 
flood protection project proposed for implementation. The proposed 
project must be consistent with Water Code Section 79068.6. 

(b) Feasibility study results will provide the information needed to de- 
velop a design and/or implementation funding application. This informa- 
tion includes, but is not limited to: 

(1) A description of the selected plan and alternatives considered, in- 
cluding illustrations and maps showing project features as appropriate to 
the type of project, signed by an engineer registered pursuant to Califor- 
nia law. 

(2) Information demonstrating the engineering feasibility of the proj- 
ect. 

(3) Information regarding the economic feasibility of the alternatives 
considered, including a detailed discussion of the types of benefits 
derived and their associated costs. 

(4) A discussion of the least cost alternative compared to the proposed 
project. The least cost alternative should produce similar results and must 
also be economically, technically, financially and environmentally feasi- 
ble. 

(5) Information regarding the physical and financial need for the proj- 
ect. 

(6) A schedule for project completion in a bar graph format. 

(7) An estimated total cost of the project showing details of project 
costs. 

(8) Information that demonstrates how recipients would comply with 
all local, state, and federal requirements, including but not hmited to: the 
regulatory requirements of the Federal Energy Regulatory Commission, 
the U.S. Army Corps of Engineers and others; CEQA; state and federal 
Endangered Species Acts; and the federal Clean Water Act. Recipients 
must comply with CEQA and the California Endangered Species Act be- 
fore implementation funding can be secured. 

(9) A list of all permits which will be required for project implementa- 
tion, with a plan and schedule for obtaining those permits and disclosure 
of any anticipated problems. 

(10) A statement listing all relevant local land use plans or general 
plans, and describing the proposed project's consistency with those 
plans. 

(11) The amount of state funding identified for implementation, the 
sources and amounts of other funds to be applied toward the project, and 
other information regarding the financial feasibility of project imple- 
mentation. 

(12) A disclosure of all known public support and opposition to the 
project at the time of applicaUon. This includes comments received dur- 
ing the public review process from all interested individuals in the area 
impacted by the project. 

(c) Studies to be funded may be conducted by a single local public enti- 
ty or a local public entity jointly with other federal or state agencies or 
local public entities. 

(d) The Department may reimburse up to 100 percent of eligible study 
costs. 

(e) The Department may require the recipient to submit an "Alterna- 
tives Report" early in the process of preparing the feasibility study. This 
report shall describe all potential structural and nonstructural alternatives 
of a proposed project, discuss criteria for screening potential alternative 
projects and describe how the screening criteria are to be applied. The re- 
port shall contain discussions of interim coordination and outreach pro- 
grams. For those alternatives being carried forward for more detailed 
evaluation, the report shall discuss the economic and technical feasibility 
and the environmental benefits of each alternative as well as potential ad- 
verse environmental impacts. 

(f) Feasibility studies shall incorporate multi-objecdve watershed per- 
spectives. As a guideline for an acceptable approach, the recipient should 



Page 38.19 



Register 2007, No. 21; 5-25-2007 



§ 499.4.1 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



consider the analytical methods described in Economic and Environmen- 
tal Principles and Guidelines/or Water and Related Land Resources Im- 
plementation Studies, promulgated by the United States Water Resource 
Council, 1983 (U.S. Government Printing Office, Washington D.C. 
March 10, 1983). Copies of this document are available through the De- 
partment. 

(g) Funding of a feasibility study under this chapter does not obligate 
the Department to fund design or implementation of a proposed project. 
NOTE: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. 
Reference: Sections 8300, 12580, 79068.6 and 79068.10, Water Code. 

History 

1. New section filed 9-26-2000 as an emergency; operative 9-26-2000 (Register 
2000, No. 39). A Certificate of Compliance must be transmitted to OAL by 
1-24-2001 or emergency language will be repealed by operation of law on the 
following day. 

2. Certificate of Compliance as to 9-26-2000 order, including amendment of sec- 
tion, transmitted to OAL 1-24-2001 and filed 3-6-2001 (Register 2001, No. 
10). 

3. Amendment of section and Note filed 2-25-2003; operative 2-25-2003 pur- 
suant to Government Code section 11 343 .4 (Register 2003, No. 9). 

4. Amendment filed 6-20-2005 as an emergency; operative 6-20-2005 (Register 
2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 
1 0-1 8-2005 or emergency language will be repealed by operation of law on the 
following day. 

5. Reinstatement of section as it existed prior to 6-20-2005 emergency amend- 
ment by operation of Government Code section 1 1 346. 1 (f) (Register 2006, No. 

7). 

6. Amendment filed 1-5-2007 as an emergency; operative 1-5-2007 (Register 
2007, No. 1). A Certificate of Compliance must be transmitted to OAL by 
5-7-2007 or emergency language will be repealed by operation of law on the 
following day. 

7 . Certificate of Compliance as to 1 -5-2007 order transmitted to OAL 4-1 0-2007 
and filed 5-21-2007 (Register 2007, No. 21). 



§499.4.1. Designs. 

(a) The Department shall administer a grant program to fund designs 
for projects consistent with the Bond Law and these regulations. Designs 
funded under this Chapter shall use information from a feasibility study 
accepted by the Department to develop a set of plans and specifications 
that could be used to advertise for construction and/or to develop an im- 
plementation package for non-constructed features of a project. The re- 
cipient may subdivide an accepted feasibility study into more than one 
unit for design but the aggregate of all design units shall conform to and 
include all of the plan selected in the accepted feasibility study, as 
amended by any changes subsequently accepted in writing by the Depart- 
ment. 

(b) Designs will provide the information needed to begin project im- 
plementation. This information includes, but is not limited to: 

(1) For constructed works: 

(A) Drawings showing project features, with enough specificity and 
completeness so that a general contractor could understand the intent of 
and bid on the project. All drawings shall be signed by an engineer regis- 
tered pursuant to California law. 

(B) Project specifications complementing the drawings and providing 
the written description of project needs. All specifications shall be certi- 
fied by an engineer registered pursuant to California law. 

(C) A detailed cost estimate showing the total project costs by line 
item, and including labor and material costs. The estimate shall be certi- 
fied by an engineer registered pursuant to California law. 

(D) A design analysis or report showing the engineering calculations 
that were used to determine the size and types of materials used in the de- 
sign. 

(2) For programs not requiring construction; 

(A) A full description of all actions to be taken to implement the pro- 
gram, including drawings, charts or diagrams where appropriate, with 
enough specificity and completeness so that a person or agency knowl- 
edgeable in the appropriate field could understand and carry out the pro- 
gram. 

(B) A full description of the results expected from actions taken. 



(C) A detailed cost estimate, broken down into individual tasks or sub- 
tasks to the satisfaction of the Department. 

(D) A design analysis or report describing how each action was deter- 
mined and substantiating its expected effectiveness. 

(3) For projects that include mitigation or enhancement measures 
funded by the Department of Fish and Game under Water Code Section 
79068.14: 

(A) Identification of items considered mitigation or enhancement, 
separate from the remainder of the project and from each other, and esti- 
mates of their implementation costs. 

(B) Evidence that, for lands acquired solely for mitigation or enhance- 
ment purposes, any required property rights could be acquired from will- 
ing sellers. 

(4) For all projects, a schedule for project implementation showing the 
time in calendar days required to complete the project as determined by 
use of a CPM diagram. 

(c) Designers shall follow all apphcable federal, state, local and indus- 
try standards. For projects which will, if implemented, fall under the ju- 
risdiction of The Reclamation Board, applicable state standards include 
the Reclamation Board standards, as found in Title 23, Division 1 , Chap- 
ter 1 , Article 8, of the California Code of Regulations. 

(d) The recipient shall provide to the Department an information copy 
of the design criteria, standards or guidelines used by its designer. This 
information will be provided before the final design is submitted to the 
Department for review. 

(e) Designs to be funded may be conducted by a single local public en- 
tity or a local public entity jointly with other federal or state agencies or 
local public entities. 

(f) The Department may reimburse up to 100 percent of eligible design 
costs. 

(g) Funding of a design under this Chapter does not obligate the De- 
partment to fund the implementation of a proposed project. 

NOTE: Authority cited: Sections 8300, 12580, 12609 and 79068.20. Water Code. 
Reference: Sections 8300, 12580, 79068, 79068.6, 79068.10 and 79086. 14, Water 
Code. 

History 

1. New secfion filed 2-25-2003; operative 2-25-2003 pursuant to Government 
Code section 11343.4 (Register 2003, No. 9). 

2. Amendment filed 6-20-2005 as an emergency; operative 6-20-2005 (Register 

2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 
1 0- 1 8-2005 or emergency language will be repealed by operation of law on the 
following day. 

3. Reinstatement of section and Note as they existed prior to 6-20-2005 emergen- 
cy amendment by operation of Government Code section 11346.1 (f) (Register 

2006, No. 7). 

4. Amendment of section and Note filed 1-5-2007 as an emergency; operative 
1-5-2007 (Register 2007, No. 1). A Certificate of Compliance must be trans- 
mitted to OAL by 5-7-2007 or emergency language will be repealed by opera- 
tion of law on the following day. 

5 . Certificate of Compliance as to 1 -5-2007 order transmitted to OAL 4- 1 0-2007 
and filed 5-21-2007 (Register 2007, No. 21). 



§ 499.4.1 .1 . Early Allocation of Implementation Funds. 

A design grant recipient may apply for early allocation of the State 
share of implementation funds for an implementation unit. 

(a) Early allocation of implementation funds may be made on the basis 
of a written statement that contains the following: 

(1) Description of the unit for which early allocation is requested. 

(2) Description of the progress of the design in detail. 

(3) Demonstration that design of the unit is 65% complete based on to- 
tal funds expended and current estimates of design cost, including con- 
tributions and items to be funded by entities other than the Department. 

(b) Funds will be available to reimburse eligible implementation costs 
only after the Department and the applicant have entered into an imple- 
mentation grant contract as provided in Section 499.7 of these regula- 
tions. 

NOTE: Authority cited: Secfions 8300, 12580, 12609 and 79068.20, Water Code. 
Reference: Sections 8300, 12580 and 79068.6, Water Code. 



Page 38.20 



Register 2007, No. 21; 5-25-2007 



Title 23 



Department of Water Resources 



§ 499.5 



History 

1 . New section filed 6-20-2005 as an emergency; operati\ e 6-20-2005 (Register 
2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 
10-1 8-2005 or emergency language will be repealed by operation of law on the 
following day. 

2. Repealed by operation of Government Code section 1 1 346. 1 (g) (Register 2006, 
No. 7). 

3. New section filed 1-5-2007 as an emergency; operative 1-5-2007 (Register 
2007, No. 1). A Certificate of Compliance must be transmitted to OAL by 
5-7-2007 or emergency language will be repealed by operation of law on the 
following day. 

4. Certificate of Compliance as to 1-5-2007 order, including amendment of sub- 
sections (aHa)(3), transmitted to OAL 4-10-2007 and filed 5-21-2007 (Reg- 
ister 2007, No. 21). 

§ 499,4.1 .2. Advance Preparation for Right of Way 
Acquisition. 

A design grant recipient may use design grant funds to perform work 
in preparation for acquisition of right of way and other real property 
rights. 

(a) Design grant funds may be used to pay staff salaries, staff expenses, 
and equipment and materials costs for performing work leading to ac- 
quisition of property rights. 

(b) Design grant funds may not be used to fund payments to holders 
of the rights to be acquired. 

(c) The recipient will account for all property rights acquisition ex- 
penses as an item in the design task breakdown. 

NOTE: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. 

Reference: Sections 8300, 12580, 79068.6 and 79086.14, Water Code. 

History 

L New section filed 6-20-2005 as an emergency; operative 6-20-2005 (Register 
2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 
10-18-2005 or emergency language will be repealed by operation of law on the 
following day. 

2. Repealed by operation of Government Code section 1 1346.1(g) (Register 2006, 
No. 7). 

3. New section filed 1-5-2007 as an emergency; operative 1-5-2007 (Register 
2007, No. 1). A Certificate of Compliance must be transmitted to OAL by 
5-7-2007 or emergency language will be repealed by operation of law on the 
following day. 

4. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4-10-2007 
and filed 5-21-2007 (Register 2007, No. 21). 

§ 499.4.2. Implementation. 

(a) The Department shall administer a grant program to fund imple- 
mentation of projects consistent with the Bond Law and these regula- 
tions. Implementation of projects funded under this Chapter shall use in- 
formation from one or more designs accepted by the Department to put 
the project into effect. For the purposes of this section, the design or ag- 
gregate of designs is identified as "the accepted design". 

(1) Before implementation of the accepted design, the recipient may 
subdivide it into more than one implementation unit. 

(2) Whether or not the design is subdivided, the recipient shall provide 
a written statement to the Department that shall: 

(A) Describe each unit and its estimated costs. 

(B) Substantiate that the unit, or a group of units that includes the unit, 
is economically feasible. 

(C) Identify or provide a financing plan that includes the identified 
economically feasible unit or group. 

(D) Declare that the recipient intends to implement all the units of any 
such group. 

(3) The recipient may implement separately any unit that conforms to 
Section 499.4.2(a)(2) of these regulations, provided that either 

(A) The unit is economically feasible, or 

(B) The Department, in writing, at its sole discretion, waives economic 
feasibility for the unit. 

(4) Implementation of constructed projects or project elements shall 
conform to the drawings, specifications, and design report contained in 
the accepted design and to any changes subsequently accepted in writing 
by the Department. 



(5) Implementation of projects or project elements not requiring 
construction shall conform to the description of actions to be taken, in- 
cluding drawings, charts and diagrams, contained in the accepted design, 
and to any changes subsequentiy accepted in writing by the Department. 

(6) Tlie cost estimates in the accepted design and in the statement doc- 
umenting selection of the unit, if any, will be used to estabHsh funding. 

(A) The initial amount of funding to be granted for implementation 
will be based on the unit prices and quantities in the accepted design and 
in any statement documenting selection of the unit, information provided 
in the implementation grant application about the cost share to be borne 
by the applicant, and circumstances of the funding process including 
availability of funds. 

(B) When a contractor performs the work, funding may be adjusted to 
correspond to the contractor's bid prices, at the discretion of the Depart- 
ment. 

(C) When the recipient performs the work directiy, the unit prices in 
the accepted design will apply. 

(D) Funding may be further adjusted to correspond to changes subse- 
quently accepted by the Department. 

(E) All increases in funding pursuant to Sections 499.4.2(a)(6)(B) or 
499.4.2(a)(6)(D) of these regulations are subject to the availability of 
funds. 

(b) Implementation will result in a complete, sustainable and main- 
tainable project completed according to the accepted design and ac- 
cepted changes. The project will comply with all applicable permits, 
standards, laws, and other local. State, and federal requirements. These 
include but are not limited to the regulatory requirements of the Federal 
Energy Regulatory Commission, the U.S. Army Corps of Engineers, The 
Reclamation Board, the State Water Resources Control Board, and other 
agencies. Recipients shall also comply with CEQA, State and federal En- 
dangered Species Acts, and the federal Clean Water Act. 

(c) The initial schedule for implementation shall be derived from the 
CPM diagram in the accepted design, updated as to starting date when 
such date has been determined. The schedule may be adjusted to reflect 
changes acceptable to the Department. 

(d) The recipient shall obtain any permits required for any feature of 
the work before commencing implementation of that feature. 

(e) Projects to be funded may be implemented by a single local public 
entity or a local public entity jointiy with other federal or state agencies 
or local public entities. Actual implementation may be performed by a 
contractor under a contract conforming to the contracting laws of the 
State of California. 

(f) The Department may reimburse up to 70 percent of eligible imple- 
mentation costs, except that eligible costs for implementation of en- 
hancements funded by the Department of Fish and Game under Water 
Code Section 79068.14 may be reimbursed up to 100 percent. 

Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. 
Reference: Sections 8300, 12580, 79068, 79068.6, 79068.8, 79068.10 and 
79068.14, Water Code. 

History 

1 . New section filed 6-20-2005 as an emergency; operative 6-20-2005 (Register 
2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 
1 0-1 8-2005 or emergency language will be repealed by operation of law on the 
following day. 

2. Repealed by operation of Government Code section 1 1 346. 1 (g) (Register 2006, 
No. 7). 

3. New section filed 1-5-2007 as an emergency; operative 1-5-2007 (Register 
2007, No. 1). A Certificate of Compliance must be transmitted to OAL by 
5-7-2007 or emergency language will be repealed by operation of law on the 
following day. 

4. Certificate of Comphance as to 1-5-2007 order, including amendment of sub- 
section (a)(2), transmitted to OAL 4-10-2007 and filed 5-21-2007 (Register 
2007, No. 21). 

§ 499.5. Costs Eligible for Grant Funding or Credit. 

(a) Costs that the Department has not approved before the expenditure 
through a contract or other written document will not be reimbursed, ex- 
cept as provided in Sections 499.5(e)(3), 499.5(f)(2) and 499.5(g)(2) of 
these regulations. 



Page 38.21 



Register 2007, No. 21; 5-25-2007 



§ 499.6 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



(b) Costs incurred before March 7, 2000 will not be reimbursed. 

(c) Feasibility studies or designs for projects identified in Water Code 
Section 79068.6 (a)-(i) are eligible for up to 100 percent grant funding. 

(d) Eligible implementation costs, including mitigation funded by the 
Department of Fish and Game under Water Code Section 79068.14, are 
eligible for reimbursement of up to 70 percent. The remaining 30 percent 
is to be paid by the recipient. Eligible implementation costs for enhance- 
ment, funded by the Department of Fish and Game under Water Code 
Section 79068. 14, are eligible for up to 100 percent reimbursement. 

(e) Eligible study costs include only those costs directly related to: 

(1 ) Conducting the feasibility studies; 

(2) Preparing related documentation in accordance with CEQA; and 

(3) Preparing the feasibility study grant application, provided the ap- 
plication is approved for grant funding. 

(f) Eligible design costs include only those costs directly related to: 

(1) Conducting the design in accordance with an accepted feasibility 
study and Environmental Impact Report or Negative Declaration pre- 
pared in accordance with CEQA; and 

(2) Preparing the design grant application, provided the application is 
approved for grant funding. 

(g) Eligible implementation costs include only those costs directly re- 
lated to: 

(1 ) Implementing the project, including the costs of mitigation and en- 
hancement pursuant to Water Code Section 79068.14, project manage- 
ment, and other supplementary costs approved by the Department. Prop- 
erty rights purchased solely with funds provided under Water Code 
79068. 14 for mitigation or enhancement features must be acquired from 
willing sellers; and 

(2) Preparing the implementation grant application, provided the ap- 
plication is approved for grant funding. 

(h) The Bond Law funds may be used for feasibility study, design, or 
implementation activities identified in Sections 499.5(e) through (g) of 
these regulations only if the recipient demonstrates that it will be able to 
ensure the operation and maintenance of the completed project. 

(i) Other provisions of these regulations notwithstanding, entities with 
flood control jurisdiction within Sutter County are eligible for reimburse- 
ment and funding under the provisions of Water Code Section 79068. 12. 
Reimbursement and funding shall be accomplished pursuant to letter 
agreements between the Department and each local entity. The agree- 
ments will provide for payment upon receipt of invoices for costs in- 
curred for the local share of Federal and State cost shared projects. 

(j) For projects that have been awarded feasibility study, design or im- 
plementation grants under this program, costs otherwise eligible but ac- 
cruing prior to award of the grant and on or after March 7, 2000 may be 
credited as payment of the recipient's share of implementation costs for 
the same project. 

NOTE: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. 
Reference: Sections 12585.5, 79068.6, 79068.8, 79068.10, 79068.12 and 
79068.14, Water Code, 

History 

1 . New section filed 9-26-2000 as an emergency; operative 9-26-2000 (Register 
2000, No. 39). A Certificate of Compliance must be transmitted to OAL by 
1-24-2001 or emergency language will be repealed by operation of law on the 
following day. 

2. Certificate of Compliance as to 9-26-2000 order, including amendment of sec- 
tion, transmitted to OAL 1-24-2001 and filed 3-6-2001 (Register 200L No. 
10). 

3. Amendment of section and Note filed 2-25-2003; operative 2-25-2003 pur- 
suant to Government Code section 11 343 .4 (Register 2003, No. 9). 

4. Amendment of section heading, section and Note filed 6-20-2005 as an emer- 
gency; operative 6-20-2005 (Register 2005, No. 25). A Certificate of Com- 
pliance must be transmitted to OAL by 10-18-2005 or emergency language 
will be repealed by operation of law on the following day. 

5. Reinstatement of section heading, section and Note as they existed prior to 
6-20-2005 emergency amendment by operation of Government Code section 
11346.1(f) (Register 2006, No. 7). 

6. Amendment of section heading, section and Note filed 1-5-2007 as an emer- 
gency; operative 1-5-2007 (Register 2007, No. 1). A Certificate of Compliance 
must be transmitted to OAL by 5-7-2007 or emergency language will be re- 
pealed by operation of law on the following day. 



7. Certificate of Compliance as to 1-5-2007 order, includine amendment of sub- 
section (j), transmitted to OAL 4- 10-2007 and filed 5-21-2007 (Register 2007, 
No. 21). 

§ 499.6. Feasibility Study Application. 

Applicants for feasibility study funding shall file a complete applica- 
tion with the Department. A complete application shall contain the fol- 
lowing technical information: 

(a) A description of the feasibility study, and alternatives with illustra- 
tions or maps indicating project features as appropriate to the type of 
project, signed by an engineer registered pursuant to California law. 

(b) A map indicating the study areas. 

(c) A task breakdown for the feasibility study. 

(d) A schedule for execution of the feasibility study, showing the time 
in calendar days required to complete each task of the study as deter- 
mined by use of a CPM diagram. 

(e) An estimated total cost for the study, including a breakdown of the 
study costs. 

(f) The amount of State funding requested, the sources and amounts 
of any other funds to be applied toward the study, and other information 
regarding the financial feasibility of the proposed project. 

(g) Information regarding each of the factors identified in California 
Water Code Section 79068.10. 

(h) Copies of any studies previously prepared that support an applica- 
tion for a feasibility study grant. 

(i) Citations of the applicant's statutory enabling laws and authority to 
contract with the State, including a brief description of procaiural steps 
required by the applicant's enabling laws to contract with the State. 

(j) A resolution of the applicant's governing body authorizing a desig- 
nated representative to sign and submit the application. 

(k) Any additional engineering, technical, financial, economic, envi- 
ronmental and legal analyses and justifications required by the Depart- 
ment during administration of this program and evaluation of the applica- 
tions. 

NOTE: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. 
Reference: Sections 790684, 79068.6, 79068.8 and 79068.10. Water Code. 

History 

1 . New section filed 9-26-2000 as an emergency; operative 9-26-2000 (Register 
2000, No. 39). A Certificate of Compliance must be transmitted to OAL by 
1-24-2001 or emergency language will be repealed by operation of law on the 
following day. 

2. Certificate of Compliance as to 9-26-2000 order transmitted to OAL 
1-24-2001 and filed 3-6-2001 (Register 2001, No. 10). 

3. Amendment of subsection (d) and Note filed 2-25-2003; operative 2-25-2003 
pursuant to Government Code section 11 343.4 (Register 2003, No. 9). 

4. Amendment of subsections (a), (d) and (f) filed 6-20-2005 as an emergency; 
operative 6-20-2005 (Register 2005, No. 25). A Certificate of Compliance 
must be transmitted to OAL by 1 0-1 8-2005 or emergency language will be re- 
pealed by operation of law on the following day. 

5. Reinstatement of section as it existed prior to 6-20-2005 emergency amend- 
ment by operafion of Government Code section 11346.1(f) (Register 2006, No. 
7). 

6. Amendment of subsections (a), (d) and (f) filed 1-5-2007 as an emergency; op- 
erauve 1-5-2007 (Register 2007, No. 1). A Certificate of Compliance must be 
transmitted to OAL by 5-7-2007 or emergency language will be repealed by 
operation of law on the following day. 

7. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4-10-2007 
and filed 5-21-2007 (Register 2007, No. 21). 

§499.6.1. Design Application. 

(a) Applicants for design funding shall file a complete application with 
the Department. A complete application shall contain the following tech- 
nical information: 

( 1 ) A description of the project. 

(2) A feasibility study meeting the requirements set forth in Section 
499.4 of these regulations accepted in writing by the Department, dem- 
onstrating that the project is economically feasible. 

(3) Documentation of compliance with CEQA as required in Section 
499.6.1(b) of these regulations. 

(4) A task breakdown for the design showing all activities expected to 
occur during the design process, and including separate tasks for design 
of any mitigation or enhancement measures to be implemented under 
Water Code Section 79068.14. 



Page 38.22 



Register 2007, No. 21; 5-25-2007 



Title 23 



Department of Water Resources 



§ 499.6.3 



(5) A schedule for execution of the design, showing the time in calen- 
dar days required to complete each task of the design as determined by 
use of a CPM diagram. 

(6) An estimated total cost for the design, including a detailed break- 
down of design costs by task within each project feature. 

(7) The amount of State funding requested and the sources and 
amounts of any other funds to be applied toward the design. 

(8) Citations of the applicant's statutory enabling laws and authority 
to contract with the State, including a brief description of procedural 
steps required by the applicant's enabling laws to contract with the State. 

(9) A resolution of the applicant' s governing body authorizing a desig- 
nated representative to sign and submit the application. 

(10) Any additional engineering, technical, financial, economic, envi- 
ronmental and legal analyses and justifications required by the Depart- 
ment during administration of this program and evaluation of the applica- 
tions. 

(b) If an Environmental Impact Report or Negative Declaration is re- 
quired for the project, a copy of that document must be included with the 
application for design funding. If the final document has not been 
adopted by the lead agency at the time the application is submitted, a copy 
of the public draft may be submitted and the final document substituted 
for it as soon as it is available. A final document adopted by the lead 
agency, together with a Notice of Determination, must be submitted 
within six months after filing the application and within three months af- 
ter entering into an ensuing design contract. 

(c) If CEQA compliance has not been completed at the time an applica- 
tion for design funding is filed, the task breakdown submitted with the 
application shall include all activities necessary to comply with Section 
499.6. 1 (b) of these regulations. 

(d) If CEQA compliance has not been completed prior to entering into 
a design contract, the task breakdown in the contract shall include all acti- 
vities necessary to comply with Section 499.6.1(b) of these regulations. 

(e) Notwithstanding their performance during design, all activities 
necessary to comply with Section 499.6. 1 (b) of these regulations and eli- 
gible for grant funding may be reimbursed only with feasibility study 
grant funds as provided in Section 499.5(e) of these regulations. 

NOTE: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. 
Reference: Sections 79068.4, 79068.6, 79068.8, 79068.10 and 79068.14, Water 
Code. 

History 

1. New section filed 2-25-2003; operative 2-25-2003 pursuant to Government 
Code section 1 1343.4 (Register 2003, No. 9). 

2. Amendment of section, including renumbering and amendment of former sec- 
tion 499.6. 2(a)-(c) as section 499.6. l(b)-(d) and amendment of Note, filed 
6-20-2005 as an emergency; operative 6-20-2005 (Register 2005, No. 25). A 
Certificate of Compliance must be transmitted to O AL by 1 0- 1 8-2005 or emer- 
gency language will be repealed by operation of law on the following day. 

3. Reinstatement of section and Note as they existed prior to 6-20-2005 emergen- 
cy amendment by operation of Government Code section 1 1346.1(f) (Register 
2006, No. 7). 

4. Amendment of section, including renumbering and amendment of former sec- 
tion 499.6. 2(a)-(c) as section 499.6. l(b)-(d) and amendment of Note, filed 
1-5-2007 as an emergency; operative 1-5-2007 (Register 2007, No. 1 ). A Cer- 
tificate of Compliance must be transmitted to OAL by 5-7-2007 or emergency 
language will be repealed by operation of law on the following day. 

5. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4-10-2007 
and filed 5-21-2007 (Register 2007, No. 21). 

§ 499.6.2. Environmental Compliance. 

NOTE: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. 
Reference: Sections 79068.4, 79068.6, 79068.8 and 79068.10, Water Code. 

History 

1. New section filed 2-25-2003; operative 2-25-2003 pursuant to Government 
Code section 1 1343.4 (Register 2003, No. 9). 

2. Renumbering of former section 499.6.2(a)-(c) as section 499.6. l(b)-(d) filed 
6-20-2005 as an emergency; operative 6-20-2005 (Register 2005, No. 25). A 
Certificate of Compliance must be transmitted to OAL by 1 0- 1 8-2005 or emer- 
gency language will be repealed by operation of law on the following day. 

3. Reinstatement of section and Note as they existed prior to 6-20-2005 emergen- 
cy amendment by operation of Government Code section 1 1 346. 1 (f) (Register 
2006, No. 7). 



4. Renumbering of former section 499.6. 2(a)-(c) as section 499.6.1 (bHd) filed 
1-5-2007 as an emergency; operative 1-5-2007 (Register 2007, No. 1 ). A Cer- 
tificate of Compliance must be transmitted to OAL by 5-7-2007 or emergency 
language will be repealed by operation of law on the following day. 

5. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4- 10-2007 
and filed 5-21-2007 (Register 2007, No. 21). 

§ 499.6.3. Implementation Application. 

Applicants for implementation funding shall file a complete applica- 
tion with the Department. A complete application shall contain the fol- 
lowing technical information. Any item previously submitted to the De- 
partment in conjunction with the project design, and which is completely 
in accord with the current application, may be applied toward fulfillment 
of these requirements: 

(a) A description of the project. 

(b) Documents produced by a design accepted in writing by the De- 
partment, meeting the requirements set forth in Section 499.4. 1 of these 
regulations, and providing sufficient information to begin project imple- 
mentation. 

(1) For constructed projects or project features, required documenta- 
tion includes drawings, specifications, cost estimate, and design report. 

(2) For projects or project features not requiring construction, required 
documentation includes description of actions to be taken with appropri- 
ate drawings, charts or diagrams, description of the results expected, cost 
estimate, and design report. 

(3) For projects that include mitigation or enhancement measures 
funded by the Department of Fish and Game under Water Code Section 
79068.14: 

(A) Identification of items considered mitigation and enhancement, 
separate from the remainder of the project and from each other, and esti- 
mates of their implementation costs. 

(B) Evidence that, for lands acquired solely for mitigation or enhance- 
ment purposes, any required property rights could be acquired from will- 
ing sellers. 

(c) A copy of the final Environmental Impact Report or Negative Dec- 
laration, adopted by the lead agency, together with a Notice of Deter- 
mination. 

(d) Documentation demonstrating that the project is in compliance 
with the California Endangered Species Act. 

(e) A task breakdown for implementation showing all activities ex- 
pected to occur during the implementation process. 

(0 A schedule for execution of project implementation, showing the 
time in calendar days required to complete each task of the project imple- 
mentation as determined by use of a CPM diagram. 

(g) An estimate of the costs of project management and other supple- 
mentary costs not included in the design documentation. 

(h) The amount of State funding requested, schedule of expenditures, 
and the sources and amounts of any other funds to be applied toward the 
implementation. 

(i) Citations of the applicant's statutory enabling laws, authority to im- 
plement the project, and authority to contract with the State, including a 
brief description of procedural steps required by the applicant's enabling 
laws to contract with the State. 

(j) A resolution of the applicant's governing body authorizing a desig- 
nated representative to sign and submit the application. 

(k) Any additional engineering, technical, financial, economic, envi- 
ronmental and legal analyses and justifications required by the Depart- 
ment during administration of this program and evaluation of the applica- 
tions. 

NOTE: Authority cited: Secfions 8300, 12580, 12609 and 79068.20, Water Code. 
Reference: Sections 79068, 79068.6, 79068.8 and 79068.10, Water Code. 

History 

1. New section filed 6-20-2005 as an emergency; operative 6-20-2005 (Register 
2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 
10-18-2005 or emergency language will be repealed by operation of law on the 
following day. 

2. Repealed by operation of Government Code section 1 1 346. 1 (g) (Register 2006, 
No. 7). 

3. New section filed 1-5-2007 as an emergency; operative 1-5-2007 (Register 
2007, No. 1). A Certificate of Compliance must be transmitted to OAL b) 



Page 38.23 



Register 2007, No. 21; 5-25-2007 



§ 499.7 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



5-7-2007 or emergency language will be repealed by operation of law on the 
following day. 

4. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4-1 0-2007 
and filed 5-21-2007 (Register 2007, No. 21). 



§ 499.7. Application and Funding Process. 

(a) Applications for grant funding for feasibility studies received by 
November 1 5 will be eligible for funding in the following fiscal year, and 
will be processed on a first-come first-served basis. Applications re- 
ceived after November 15 will be eligible for funding in the next fiscal 
year after the following fiscal year. Award of feasibility study contracts 
will be subject to availability of funds. 

(b) Applications for grant funding for design or implementation may 
be submitted at any time during the year. Applications will be processed 
on a first-come first-served basis. Award of design or implementation 
contracts will be subject to availability of funds. 

(c) The Department shall acknowledge receipt of a complete applica- 
tion in writing within 30 days of receipt. 

(d) If the appHcation is not complete, the Department shall send the ap- 
plicant a letter within 30 days of receipt requesting the additional in- 
formation. 

(e) The applicant may resubmit the application as soon as the addition- 
al information is obtained. 

(f) Prior to expending any funds, the Department and the applicant 
shall enter into a grant contract. 

( 1 ) All feasibility study contracts shall include a detailed workplan and 
CPM diagram, agreed to by the Department, which plan shall be attached 
to and become a part of the contract. 

(2) All design contracts shall include a task breakdown for the design 
and CPM diagram, agreed to by the Department, showing all activities 
expected to occur during the design process, which shall be attached to 
and become a part of the contract. 

(3) All implementation contracts shall include: 

(A) A task breakdown and CPM diagram, agreed to by the Depart- 
ment, showing all activities expected to occur during project imple- 
mentation. 

(B) A cost-sharing formula that provides that the recipient pays at 
least that portion of the eligible implementation costs of the project re- 
quired by Section 499.5(d) of these regulations. 

(C) A requirement that the recipient assures operation and mainte- 
nance of the completed project and any associated environmental mitiga- 
tion and/or enhancement measures. 

(D) A requirement that the recipient indemnifies and holds the State, 
its agencies, officers and employees free and harmless from any and all 
liability arising out of the design, implementation, operation and mainte- 
nance of the project. 

(E) Any other requirements deemed necessary by the Department in- 
cluding increased requirements with regard to indemnification. 

(4) If a contract is not signed within six months of the date the applica- 
tion is approved, the grant may be withdrawn or the application revised. 

(5) Grant funds shall be paid on a reimbursable basis at least quarterly 
but no more often than monthly at the Department's discretion, subse- 
quent to submittal and approval of study, design, or implementation cost 
invoices. 

(6) If the applicant fails to meet the requirements of Section 499.6. 1 (b) 
of these regulations, no further payments will be made pursuant to a de- 
sign contract until a final CEQA document has been adopted and a Notice 
of Determination has been filed. Payments may be reinstated at the De- 
partment's discretion at that time. 

NOTE: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. 
Reference: Sections 12585.5, 79068.4, 79068.6, 79068.8 and 79068.10, Water 
Code. 

History 

1 . New section filed 9-26-2000 as an emergency; operative 9-26-2000 (Register 
2000, No. 39). A Certificate of Compliance must be transmitted to OAL by 
1-24-2001 or emergency language will be repealed by operation of law on the 
following day. 



2. Certificate of Compliance as to 9-26-2000 order, including amendment of sec- 
tion, transmitted to OAL 1-24-2001 and filed 3-6-2001 (Register 2001, No. 
10). 

3. Amendment of section and Note filed 2-25-2003; operative 2-25-2003 pur- 
suant to Government Code section 1 1343.4 (Register 2003, No. 9). 

4. Amendment of section and Note: filed 6-20-2005 as an emergency; operative 
6-20-2005 (Register 2005, No. 25). A Certificate of Compliance must be trans- 
mitted to OAL by 10-1 8-2005 or emergency language will be repealed by op- 
eration of law on the following day. 

5. Reinstatement of section and Note as they existed prior to 6-20-2005 emergen- 
cy amendment by operation of Government Code section 11346. 1(f) (Reaister 

2006. No. 7). 

6. Amendment of section and Note filed 1-5-2007 as an emergency; operative 
1-5-2007 (Register 2007, No. 1). A Certificate of Compliance must be trans- 
mitted to OAL by 5-7-2007 or emergency language will be repealed by opera- 
tion of law on the following day. 

7. Certificate of Compliance as to 1-5-2007 order, including amendment of sub- 
sections (a) and (0(3)(C), transmitted to OAL 4-10-2007'and filed 5-21-2007 
(Register 2007, No. 21). 

§ 499.8. Recordkeeping. 

(a) The recipient shall maintain all records and documents pertaining 
to a feasibility study grant for three years after completion of the study. 

(b) The recipient shall maintain all records and documents pertaining 
to a design grant for three years after completion of the design. 

(c) The recipient shall maintain all records and documents pertaining 
to an implementation grant for three years after completion of the project. 

(d) All grant recipients shall submit a feasibility study, design, or im- 
plementation progress report that includes a record of expenditures to the 
Department quarterly, commencing three months from the date of grant 
award and ending with the acceptance of the completed feasibility study, 
design, or implementation. 

(e) All recipients' records and documents pertinent to the grant shall 
be available for inspection and audit by the Department during normal 
business hours. 

NOTE; Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. 
Reference: Section 8546.7, Government Code; and Sections 79068.4, 79068.6 
and 79068.8, Water Code. 

History 

1 . New section filed 9-26-2000 as an emergency; operative 9-26-2000 (Register 
2000, No. 39). A Certificate of Compliance must be transmitted to OAL by 
1-24-2001 or emergency language will be repealed by operation of law on the 
following day. 

2. Certificate of Compliance as to 9-26-2000 order transmitted to OAL 
1-24-2001 and filed 3-6-2001 (Register 2001, No. 10). 

3. Amendment of section and Note filed 2-25-2003; operative 2-25-2003 pur- 
suant to Government Code section 1 1343.4 (Register 2003, No. 9). 

4. Amendment filed 6-20-2005 as an emergency; operative 6-20-2005 (Register 
2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 
1 0- 1 8-2005 or emergency language will be repealed by operation of law on the 
following day. 

5. Reinstatement of section as it existed prior to 6-20-2005 emergency amend- 
ment by operation of Government Code section 1 1 346. 1 (f) (Register 2006, No. 
7). 

6. Amendment filed 1-5-2007 as an emergency; operative 1-5-2007 (Register 

2007, No. 1). A Certificate of Compliance must be transmitted to OAL by 
5-7-2007 or emergency language will be repealed by operation of law on the 
following day. 

7. Certificate of Compliance as to 1-5-2007 order, including amendment of Note, 
transmitted to OAL 4-10-2007 and filed 5-21-2007 (Register 2007, No. 21). 

Chapter 3. Regulations for Implementation 

of the California Environmental Quality Act 

of 1970 

§ 500. Purpose and Authority. 

These regulations are adopted by the Department of Watei' Resources 
pursuant to Public Resources Code Section 21082 to implement, inter- 
pret, and make specific those provisions of the California Environmental 
Quality Act (Division 13, Public Resources Code, commencing with 
Section 21000) which supplement the requirements of the Rules and 
Regulations promulgated by the Secretary of the Resources Agency 
(Title 14, Cal. Admin. Code, commencing with Section 15000, hereinaf- 
ter cited as the "State CEQA Guidelines"). 



Page 38.24 



Register 2007, No. 21; 5-25-2007 



Title 23 



Department of Water Resources 



§504 



• 



NOTl;: Authority cited: Section 21082, Public Resources Code. Reference: Sec- 
tions 21 001(f) and 21082, Public Resources Code; and Title 14, Cal. Admin. Code, 
Section 15050. 

History 

1 . New Subchapter 3 (Sections 500 through 630, not consecutive) filed 4-13-73; 
effective thirtieth day thereafter (Register 73, No. 15). 

2. Amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 
4). 

3. Repealer of Article 1 (Section 500) and new Section 500 filed 8-9-83; effective 
thirtieth day thereafter (Register 83, No. 33). 

§ 501 . Incorporation of State CEQA Guidelines. 

(a) The State CEQA Guidelines (Title 14, Division 6, Chapter 3) are 
hereby incorporated by reference as if fully set forth in this subchapter. 

(b) The words used in this subchapter have the same meaning given 
them in the State Guidelines, unless the context clearly requires a differ- 
ent meaning. 

NOTE: Authority cited: Section 21082, Public Resources Code. Reference: Sec- 
tion 21001(f) and 21082, Public Resources Code; and Title 14, Cal. Admin. Code, 
Section 15050. 

History 

1. Amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 
4). 

2. Repealer of Article 2 (Section 501 ) and new Section 501 filed 8-9-83; effective 
thirtieth day thereafter (Register 83, No. 33). 

§ 502. Additional Definitions. 

In addition to the terms used in the State CEQA Guidelines, the follow- 
ing terms used in this regulation have the following meanings: 

(a) Department. Department means the Department of Water Re- 
sources. 

(b) Director. Director means the Director of Water Resources or the 
person to whom he has delegated the authority to carry out the activities 
referred to in the State CEQA Guidelines and this subchapter. 

(c) Project Proponent. Project Proponent means the person who under- 
takes an activity which involves Department financing or regulation. 
NOTE: Authority cited: Section 21082, Public Resources Code. Reference: Sec- 
tions 21001(0 and 2 1082, Public Resources Code; and Title 14, Cal. Admin. Code, 
Section 15050. 

History 
1 . Repealer of Article 2 (Section 502) and new Section 502 filed 8-9-83; effective 
thirtieth day thereafter (Register 83, No. 33). For prior history, see Register 79, 
No. 4. 

§ 503. Fees for Preparation of Negative Declaration or EiR. 

(a) The Department may charge and collect a reasonable fee from a 
person proposing a project for which the Department must prepare an 
EIR or Negative Declaration. The fee will be an amount which will re- 
cover the costs incurred by the Department in preparing such EIR or Neg- 
ative Declaration. 

(b) Where the Department will charge a fee for preparation of an EIR, 
it shall charge and collect a deposit as provided in this section. The 
amount of the deposit shall be calculated as follows: 

(1) The minimum deposit shall be $600 for projects with estimated 
capital costs of $20,000 or less. The maximum deposit shall be $150,000 
for projects with estimated capital costs of $160,000,000 or more. The 
scale of other deposits is set forth in the tabulation below: 

Estimated Capital Cost 
of Proposed Project 
From To 

$ 20,000 $ 100,000 

$ 100,000 $ 1,000,000 
$ 1,000,000 $ 10,000,000 
$ 10,000,000 $100,000,000 



Deposit 

$ 600h-3.0O% of excess over $ 20,000 

$ 3,000-^1.00% of excess over $ 100.000 

$ 12,000+0.20% of excess over $ 1,000,000 

$ 30,000-f0.10% of excess over $ 10,000,000 



$ 100,000.000 $160,000,000 $120,000-^0.05% of excess over $100,000,000 

(2) The Department shall separately account for the deposit collected 
and the charges thereto. The status of the account shall be provided to the 
project proponent at regular periodic intervals estabUshed by mutual 
agreement. A final accounting shall be rendered by the Department after 
the Final EIR is considered and adopted. 

(3) If in the final accounting the deposit exceeds the actual costs in- 
curred by the Department for the preparation and processing of the EIR, 



the excess shall be refunded. If the actual costs exceed the amount of the 
deposit, the project proponent shall be billed for the difference. 

(4) The Director may adjust or waive deposits for minor projects. For 
projects with an estimated capital cost of more than $1 ,000,000, the Di- 
rector may permit payment of the deposit in increments. 

(5) No such EIRs shall be presented to the Department for approval or 
adoption until the project proponent has reimbursed the Department for 
the costs of preparation and processing of the EIR. 

NOTE: Authority cited: Section 21082, Public Resources Code. Reference: Sec- 
tion 21089, Public Resources Code. 

History 
1 . Repealer of Article 4 heading and former Section 503, and renumbering and 
amendment of Section 552 toSection 503 filed 8-9-83; effective thirtieth day 
thereafter (Register 83, No. 33). For prior history, see Register 79, No. 4. 

§ 504. Categorically Exempt Activities. 

In compliance with the requirements of the State CEQA Guidelines, 
the following list of categorically exempt activities of the Department has 
been compiled. This list is subject to the limitations on categorical ex- 
emptions set forth in the State CEQA Guidelines. This list does not pre- 
clude categorical exemptions of other activities that come within the 
State CEQA Guidelines. 

(a) Class I consists of the operation, repair, maintenance or minor al- 
teration of the following facilities where there is negligible or no expan- 
sion of use beyond that previously existing: 

( 1 ) Conservation Facilities of the State Water Project; 

(2) Transportation Facilities of the State Water Project; 

(3) Power Facilities of the State Water Project; 

(4) Recreation Facilities of the State Water Project; 

(5) Flood Control Facilities which are direct responsibility of the De- 
partment or which are the responsibility of the Department as "Mainte- 
nance Area"; 

(6) Data Collection Facilities of the Department; 

(7) Dams subject to the jurisdiction of the Department's Division of 
Safety of Dams; 

(b) Class II includes replacement or reconstruction of existing struc- 
tures and facilities where required at the facilities listed in Class I. 

(c) Class III includes the location and construction of minor accessory 
structures and the installation of new equipment where required at the fa- 
cilities listed in Class I. 

(d) Class IV includes minor public or private alterations to land, water 
or vegetation which do not involve the removal of mature, scenic trees 
where required at the facilities listed in Class I. 

(e) Class V includes the issuance of minor encroachment permits to fa- 
cilities of the State Water Project in areas with less than a twenty percent 
slope which do not result in changes in land use or density. 

(f) Class VI includes the coUecdon of basic data, research and experi- 
ments carried out by the Department which are necessary for planning 
and feasibility studies, investigations and preparation of environmental 
documents. 

(g) Class IX includes the inspection of dams and flood control facili- 
ties. 

(h) Class XI includes the construction or placement of minor structures 
accessory to the facilities listed in Class I. 

(i) Class XII includes the sale of surplus property of the Department, 
as limited by the State CEQA Guidelines. 

(j) Class XIII includes acquisition of land by the Department for fish 
and wildlife conservation purposes where the land will be preserved in 
its natural condition. This class also includes the transfer of such land to 
the Department of Fish and Game. 

(k) Class XVI includes the acquisition of land in order to establish a 
park as limited by the State EIR Guidelines. This class also includes the 
transfer of such land to the Department of Parks and Recreation. 

(1) Class XXI includes the enforcement of the orders or terms and con- 
ditions of certificates of approval issued by the Department including but 
not Umited to those issued by the Division of Safety of Dams, the revoca- 
tion or enforcement of permits and licenses issued under the California 



Page 38.25 



Register 2007, No. 21; 5-25-2007 



§505 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



Weather Resources Management Act and the enforcement or revocation 
of encroachment permits or easements. 

(m) Class XXII includes the Department's training programs which 
involve no physical alteration of the area affected. 

(n) Class XXV includes the acquisition of land by the Department or 
transfer of such land in order to preserve open-space, as limited by the 
State CEQA Guidelines. 

(o) Class XXVII includes the leasing of privately-owned office space 
by the Department, as limited by the State CEQA Guidelines. 
NOTE: Authority cited: Section 21082, Public Resources Code. Reference: Sec- 
tion 21082, Public Resources Code. 

History 

1. New section filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 
4). 

2. Repealer and new section filed 8-9-83; effective thirtieth day thereafter (Regis- 
ter 83. No. 33). 

§ 505. State Guidelines. 

NOTE: Authority cited: Section 21082, Public Resources Code. Reference: Sec- 
tions 21082, 21083, Public Resources Code. 

History 

1 . Renumbering from Section 505 to Section 503 filed 1-25-79; effective thirtieth 
day thereafter (Register 79, No. 4). 

2. Renumbering from Section 506 to Section 505 and amendment filed 1-25-79; 
effective thirtieth day thereafter (Register 79, No. 4). 

3. Repealer filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33). 



§ 506. Department. 

Note: Authority cited: Section 21082, Public Resources Code. Reference: Sec- 
tions 21000-21 176, Public Resources Code. 

History 

1. Renumbering from Section 506 to Section 505 and amendment filed 1-25-79; 
effective thirtieth day thereafter (Register 79. No. 4). 

2. Renumbering from Section 507 to Section 506 filed 1-25-79; effective thirtieth 
day thereafter (Register 79, No. 4). 

3. Repealer filed 8-9-83; effective thirtieth day thereafter (Register 83. No. 33). 

§ 507. Director. 

Note: Authority cited: Section 21082. Public Resources Code. Reference: Sec- 
tions 21000-21 176, Public Resources Code. 

History 

1 . Renumbering from Section 507 to Section 506 filed 1-25-79; effecfive thirtieth 
day thereafter (Register 79, No. 4). 

2. Renumbering from Section 508 to Section 507 filed 1-25-79; effective thirtieth 
day thereafter (Register 79, No. 4). 

3. Repealer filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33). 
§ 508. Environmental Documents. 

Note: Authority cited: Section 21082 Public Resources Code. Reference: Sec- 
tions 21082, 21061, 21064, 21092, 21 108, 21 161. 

History 

1 . Renumbering from Section 508 to Section 507 filed 1-25-79; effective thirtieth 
day thereafter (Register 79, No. 4). 

2. Renumbering from Section 509 to Secfion 508 and amendment filed 1-25-79; 
effecfive thirtieth day thereafter (Register 79, No. 4). 

3. Repealer filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33). 



[The next page is 39.] 



Page 38.26 



Register 2007, No. 21; 5-25-2007 



Title 23 



Department of Water Resources 



§511 



• 



§ 509. Project Proponent. 

NOTI-: Authority cited: Section 21082. Public Resources Code. Reference: Sec- 
tions 21000-21 176, Public Resources Code. 

History 

1 . Renumbering from Section 509 to Section 508 and amendment filed 1-25-79; 
effective thirtieth day thereafter (Register 79, No. 4). 

2. Renumbering from Section 5 1 to Section 509 filed 1 -25-79; effective thirtieth 
day thereafter (Register 79, No. 4). 

3. Repealer filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33). 



Article 5. General Responsibilities 

History 

1. Repealer of Article 5 (Sections 510-519) filed 8-9-83; effective thirtieth day 
thereafter (Register 83, No. 33). For prior history, see Register 79, No. 4. 



Article 6. Nonapplicability of CEQA or 

Exemptions from Initial Study and EIR 

Preparation 

History 
1. Repealer of Article 6 (Sections 520-529) filed 8-9-83; effective thirtieth day 
thereafter (Register 83, No. 33). For prior history, see Register 79, No. 4. 



Article 7. Initial Study 

History 

1. Repealer of Article 7 (Sections 530-536) filed 8-9-83; effective thirtieth day 
thereafter (Register 83, No. 33). For prior history, see Register 79, No. 4. 



Article 8. Lead Agency 

History 
1 . Repealer of article 8 (sections 540-541 ) filed 8-9-83; operative 9-8-83 (Regis- 
ter 83, No. 33). For prior history of sections 542-549, see Register 79, No. 4. 



Article 9. Environmental Impact Reports 
(EIRs) 

History 

1 . Repealer of article 9 (sections 55 1-552) filed 8-9-83; operative 9-8-83 (Regis- 
ter 83, No. 33). 



Article 10. EIR Preparation and Processing 

History 
1. Repealer of Article 10 (Sections 560-569) filed 8-9-83; effective thirtieth day 
thereafter (Register 83, No. 33. For prior history, see Register 79, No. 4. 



Article 1 1 . Review Procedures for EIRs and 
Negative Declarations 

History 
1 . Repealer of Article 1 1 (Sections 570-575) filed 8-9-83; effective thirtieth day 
thereafter (Register 83, No. 33). For prior history, see Register 79, No. 4. 



Article 12. Appendix 



History 

1. Repealer of article 12 (section 580) filed 8-9-83; operative 9-8-83 (Register 
83, No. 33). For prior history of sections 581-592, see Register 79, No. 4. 



Chapter 4. Revenue Requirement and Just 
and Reasonable Determination 

§510. Applicability. 

This chapter establishes procedures for public participation in the de- 
termination of a revenue requirement and standards for whether the reve- 
nue requirement is just and reasonable. The regulations in this chapter are 
not intended to implement, interpret, or make specific any other duties 
or responsibilities of the department under the Act. 
NOTE: Authority cited: Section 80014, Water Code. Reference: Sections 80003, 
80004, 80100, 80102, 801 10, 80134 and 80200(d), Water Code. 

History 

1. New chapter 4 (sections 510-517) and section filed 6-7-2002 as an emergency; 
operative 6-7-2002 (Register 2002, No. 23). Pursuant to Water Code section 
80014 a Certificate of Compliance must be transmitted to OAL by 12-4-2002 
or emergency language will be repealed by operation of law on the following 
day. 

2. Repealed by operation of Government Code section 1 1346. 1(g) (Register 2002, 
No. 49). 

3. New chapter 4 (sections 510-517) and section filed 12-5-2002 as an emergen- 
cy; operative 12-10-2002 (Register 2002, No. 49). Pursuant to Water Code 
section 80014 a Certificate of Compliance must be transmitted to OAL by 
6-9-2002 or emergency language will be repealed by operation of law on the 
following day. 

4. Cerfificate of Compliance as to 12-10-2002 order transmitted to OAL 
6-4-2003 and filed 7-1-2003 (Register 2003, No. 27). 

§511. Definitions. 

(a) "Act" means Chapter 4 of the First Extraordinary Session of 2001 
of the California Legislature (commonly known as "ABIX"), as 
amended by Chapter 9 of the First Extraordinary Session of 2001 of the 
California Legislature, and as codified in part as Division 27 of the 
California Water Code. 

(b) "Comment" means any written communication to the department 
regarding a proposed determination, including additional material pro- 
posed for consideration by the department, submitted in accordance with 
this chapter, and excluding information received at a workshop, if one is 
held. 

(c) "Commission" means the California Public Utilities Commission. 

(d) "Department" means the State of California Department of Water 
Resources, acting under the authority and powers granted by the Act, and 
not under its powers and responsibilities with respect to the State Water 
Resources Development System or with respect to any other program it 
administers. 

(e) "Determination" means a determination by the department of a rev- 
enue requirement of a certain amount that, together with any moneys on 
deposit in the Electric Power Fund, is sufficient to provide the amounts 
necessary to pay obligations authorized by the Act, and that such revenue 
requirement is just and reasonable. 

(0 "Electric Power Fund" means the Department of Water Resources 
Electric Power Fund established by Water Code section 80200. 

(g) "Mailed" means deposited with the United States Postal Service 
with postage prepaid. If agreed to by the recipient, the mailing of any no- 
tice under this chapter may be accomplished by electronic-mail. 

(h) "Material" means data and other factual information, technical, 
theoretical, and empirical studies or reports. 

(i) "Notice" means a notice of opportunity to submit comments, unless 
otherwise specified. 

(j) "Proposed determination" means a department proposal to issue a 
determination, presented for public comment as described in this chapter. 

(k) "Rate Agreement" means the rate agreement between the depart- 
ment and the commission approved pursuant to Decision 02-02-05 1 of 
the commission. 

(/) "Record" means, with respect to any given determination, the no- 
tices issued under this chapter with respect to the determination, written 
comments submitted in response to the notices, material relied on by the 
department, the proposed determination, requests for reconsideration. 



Page 39 



Register 2003, No. 27; 7-4-2003 



§512 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



and the determination. "Record" does not include information submitted 
in any form at a workshop, if one is held. 

(m) "Revenue requirement" means an amount, or a revision to the 
amount, to be established by the department, and of which the depart- 
ment is to notify the commission, in compliance with Water Code sec- 
tions 80 1 1 and 80 1 34. Each revenue requirement shall relate to the peri- 
od of time specified in the determination. 

NOTl:; Authority cited: Section 80014, Water Code. Reference: Sections 80004, 
801 10, 80134 and 80200(d), Water Code. 

History 

1. New section filed 6-7-2002 as an emergency; operative 6-7-2002 (Register 

2002. No. 23). Pursuant to Water Code section 80014 a Certificate of Com- 
pliance must be transmitted to OAL by 12^-2002 or emergency language will 
be repealed by operation of law on the following day. 

2. Repealed by operation of Government Code section 1 1346.1(g) (Re2ister2002, 

No. 49). 

3. New section filed 12-5-2002 as an emergency; operative 12-10-2002 (Regis- 
ter 2002, No. 49). Pursuant to Water Code secfion 80014 a Certificate of Com- 
pliance must be transmitted to OAL by 6-9-2002 or emergency language will 
be repealed by operation of law on the following day. 

4. Certificate of Compliance as to 12-10-2002 order, including amendment of 
subsection (e), transmitted to OAL 6-4-2003 and filed 7-1-2003 (Register 

2003, No. 27). 



§ 512. Notice of Opportunity to Submit Comments. 

(a) The department shall provide to interested parties an opportunity 
to submit comments on each proposed determination made by the depart- 
ment as provided in this chapter. 

(b) At least 21 calendar days prior to the close of the opportunity to 
submit comments on a proposed determination, or upon such shorter or 
longer time period as the department deems reasonably necessary under 
the circumstances, a notice shall be: 

( 1 ) mailed to every person who has filed a request for notice, 

(2) electronically mailed to every person who requests to be notified 
by electronic e-mail, and 

(3) posted on the department's website. 

(c ) For the purposes of subsection (b), seven calendar days prior to the 
close of the opportunity to submit comments shall be deemed to be the 
time period necessary under the circumstances with respect to any reve- 
nue requirement required to be filed with the commission pursuant to the 
second sentence of section 4.1(b) of the Rate Agreement. For the pur- 
poses of subsection (b), one business day prior to the close of such oppor- 
tunity shall be deemed to be the time period necessary under the circum- 
stances with respect to any revenue requirement required to be filed with 
the commission pursuant to the last sentence of section 4.1(b) of the Rate 
Agreement. 

(d) If, after any notice, the department subsequently provides addition- 
al time to submit comments, the department shall provide notice of the 
additional time by posting a notice on its website, mailing a notice to ev- 
ery person who has filed a request for notice, and electronically mailing 
a notice to every person who has requested to be notified by electronic 
mail. 

(e) A notice under this section shall include the following: 

(1) The mailing and electronic-mail address at which comments must 
be received, and the deadline for receipt of comments. 

(2) A statement explaining where a copy of the proposed determina- 
tion is available for review. The proposed determination shall include the 
amount of the proposed revenue requirement, a written explanation of the 
assumptions and methodologies underlying the proposed determination, 
a written explanation of how the department reached the proposed deter- 
mination, and reference to the material relied upon by the department to 
support the proposed determination. 

(3) A statement explaining the process under section 514 for disclo- 
sure of certain proprietary or confidential information. 

(4) The time and place of a workshop on the revenue requirement if 
the department, at its discretion, decides to hold a workshop. 

(5) The amount of time to be allowed, after the date of electronic publi- 
cation of the determination, for requests for reconsideration. A reason- 



able lime period shall be allowed, taking into consideration the time 
constraints for submitting a determination to the commission. 

(f) If a notice is given substantially in the manner described in this sec- 
tion, a deficiency in its content or delivery shall not be a basis for invali- 
daUng a determination. 

NOTK: Authority cited: Section 80014. Water Code. Reference: Sections 801 10, 
80134 and 80200(d), Water Code. 

History 

1. New section filed 6-7-2002 as an emergency; operative 6-7-2002 (Register 
2002, No. 23). Pursuant to Water Code section 80014 a Certificate of Com- 
pliance must be transmitted to OAL by 12-4-2002 or emergency language will 
be repealed by operation of law on the following day. 

2. Repealed by operation of Government Code section 1 1346. 1(g) (Resister 2002, 
No. 49). 

3. New section filed 12-5-2002 as an emergency; operative 12-10-2002 (Regis- 
ter 2002, No. 49). Pursuant to Water Code section 80014 a Certificate of Com- 
pliance must be transmitted to OAL by 6-9-2002 or emergency language will 
be repealed by operation of law on the following day. 

4. Certificate of Compliance as to 12-10-2002 order transmitted to OAL 
6-4-2003 and filed 7-1-2003 (Register 2003, No. 27). 

§ 513. Notice of Significant Additional Material Relied 
Upon. 

(a) If following a notice pursuant to section 5 1 2 the department identi- 
fies significant material that it intends to rely upon in making its deter- 
mination, but which was not identified in the proposed determination, the 
department shall provide notice of such additional material to those per- 
sons who received the original notice by the same means as the original 
notice. The notice will also explain how the material will be made avail- 
able for review. 

(b) A notice of significant additional material shall set a reasonable pe- 
riod of time for receipt of comments on that additional mater al and state 
the mailing and electronic-mail addresses at which the comments must 
be received. 

NOTE: Authority cited: Section 80014, Water Code. Reference: Sections 801 10, 
80134 and 80200(d), Water Code. 

History 

1 . New section filed 6-7-2002 as an emergency; operative 6-7-2002 (Register 
2002, No. 23). Pursuant to Water Code section 80014 a Certificate of Com- 
pliance must be transmitted to OAL by 1 2-4-2002 or emergency language will 
be repealed by operation of law on the following day. 

2. Repealed by operation of Government Code section 1 1346. 1(g) (Register 2002, 
No. 49). 

3. New section filed 12-5-2002 as an emergency; operative 12-10-2002 (Regis- 
ter 2002, No. 49). Pursuant to Water Code section 80014 a Certificate of Com- 
pliance must be transmitted to OAL by 6-9-2002 or emergency language will 
be repealed by operation of law on the following day. 

4. Certificate of Compliance as to 12-10-2002 order transmitted to OAL 
6-4-2003 and filed 7-1-2003 (Register 2003, No. 27). 

§514. Confidential Information. 

The department shall not disclose any proprietary information or other 
information in the record that the department must keep confidential pur- 
suant to contract or law, but, if such contract or law permits, the depart- 
ment shall make such information available upon receipt, from the per- 
son requesting disclosure, of (a) a valid and binding nondisclosure 
agreement in a form that the department has determined meets the re- 
quirements of the applicable contractual or legal confidentiality require- 
ments, and (b) a showing that the disclosure is necessary in order to pre- 
pare comments on a determination. 

Note: Authority cited: Section 80014, Water Code. Reference: Sections 80004, 
801 10, 80134 and 80200(d), Water Code. 

History 

1 . New section filed 6-7-2002 as an emergency; operative 6-7-2002 (Register 
2002, No. 23). Pursuant to Water Code section 80014 a Certificate of Com- 
pliance must be transmitted to OAL by 12-4-2002 or emergency language will 
be repealed by operation of law on the following day. 

2. Repealed by operation of Government Code section 11 346. 1(g) (Register 2002, 
No. 49). 

3. New section filed 12-5-2002 as an emergency; operative 12-10-2002 (Regis- 
ter 2002, No. 49). Pursuant to Water Code section 80014 a Certificate of Com- 
pliance must be transmitted to OAL by 6-9-2002 or emergency language will 
be repealed by operation of law on the following day. 

4. Certificate of Compliance as to 12-10-2002 order transmitted to OAL 
6-4-2003 and filed 7-1-2003 (Register 2003, No. 27). 



• 



Page 40 



Register 2003, No. 27; 7-4-2003 



Title 23 



Department of Water Resources 



§517 



§515. Comments. 

(a) Conmicnls must he in typewritten form and may be submitted by 
electronic-mail, U.S. mail, or iiand delivery, subject to the requirements 
set forth in this section. All copies must be clear and permanently legible. 

(b) Comments must identify the determination that is the subject of the 
comment by referencing the deadline stated in the notice under section 
512 or section 513. 

(c) Comments submitted to the department must be signed. Comments 
submitted on behalf of a business or organization must be signed by a per- 
son authorized to comment, and must include the name and title of the 
signatory, the date of signing, the signatory's business address, and the 
signatory's business telephone number. Signatures for comments sub- 
mitted by electronic-mail shall be delivered to the department pursuant 
to section 515(f). 

(d) A signature on submitted comments certifies that the signatory has 
read the comment and knows its contents; that to the signatory's best 
knowledge, information, and belief, formed after diligent inquiry, the 
facts are true as stated; that any legal contentions are warranted by exist- 
ing law or by a good faith argument for the extension, modification, or 
reversal of existing law; that the comments are not tendered for any im- 
proper purpose; and that the signatory has full power and authority to sign 
the document. 

(e) No documents or records submitted as comments which purport to 
be statements of fact shall be considered by the department, unless the 
documents or records have been certified to the best of knowledge by the 
person preparing or in charge of preparing them as being true and correct. 

(f) Comments submitted through electronic-mail shall be considered 
by the department only if an original, signed copy of the comment is also 
received within three working days after the comment is received elec- 
tronically. 

NOTE; Authority cited: Section 80014, Water Code. Reference: Sections 801 10, 
80134 and 80200(d), Water Code. 

History 

1. New section filed 6-7-2002 as an emergency; operative 6-7-2002 (Register 
2002, No. 2.3). Pursuant to Water Code section 80014 a Certificate of Com- 
pliance must be transmitted to OAL by 1 2-4-2002 or emergency language will 
be repealed by operation of law on the following day. 

2. Repealed by operation of Government Code section 1 1 346. 1 (g) (Register 2002, 
No. 49). 

3. New section filed 12-5-2002 as an emergency; operative 12-10-2002 (Regis- 
ter 2002, No. 49). Pursuant to Water Code section 80014 a Certificate of Com- 
pliance must be transmitted to OAL by 6-9-2002 or emergency language will 
be repealed by operation of law on the following day. 

4. Certificate of Compliance as to 12-10-2002 order transmitted to OAL 
6-4-2003 and filed 7-1-2003 (Register 2003. No. 27). 

§ 516. Determination on the Record. 

(a) After considering comments timely received in response to a notice 
and otherwise in conformance with the requirements of this chapter, the 
department shall issue a determination on the record. Upon issuance, the 
department shall post a copy of a determination on its website and mail 
or electronically mail a notice of posting to all persons requesting such 
notification, to all persons who submitted comments on the proposed de- 
termination, and to all persons who submitted requests for reconsidera- 
tion. 

(b) Requests for reconsideration shall be considered by the department 
if submitted within the time set forth in the notice issued pursuant to sec- 
tion 512. 

(c) If the department proposes to revise a determination or a revised 
determination, before or after it is submitted to the commission but prior 
to the time that the commission order implementing the determination is 
adopted, the department shall give notice of the proposed revision in the 
manner specified in section 513. The department shall consider com- 
ments received in response to the notice of proposed revision and specifi- 
cally directed at the proposed revision. The department shall issue a re- 
vised determination on the record in the manner specified in section 
516(a). A determination revised in accordance with this section, 516(c), 
shall not be subject to requests for reconsideration. 



(d) Each determination, including any revised determination, shall be 
effecUve upon issuance pursuant to section 5 15(a). including for the pur- 
pose of submission to the commission at such time as may be determined 
by the department, notwithstanding any subsequent reconsideration or 
proposed revision. 

NOTE: Authority cited: Section 80014, Water Code. Reference: Sections 801 10, 
80134 and 80200(d), Water Code. 

History 

1. New section filed 6-7-2002 as an emergency: operative 6-7-2002 (Register 
2002, No. 23). Pursuant to Water Code section 80014 a Certificate of Com- 
pliance must be transmitted to OAL by 12-4-2002 or emergency language will 
be repealed by operation of law on the following day. 

2. Repealed by operation of Government Code section 1 1 346. 1 (g) (Register 2002, 
No. 49). 

3. New section filed 12-5-2002 as an emergency; operative 12-10-2002 (Regis- 
ter 2002, No. 49). Pursuant to Water Code section 80014 a Certificate of Com- 
pliance must be transmitted to OAL by 6-9-2002 or emergency language will 
be repealed by operation of law on the following day. 

4. Certificate of Compliance as to 12-10-2002 order, including amendment of 
section, transmitted to OAL 6-4-2003 and filed 7-1-2003 (Register 2003. No. 
27). 

§517. Standards. 

(a) To protect ratepayer interests, the record of the determination must 
demonstrate by substantial evidence that the revenue requirement is just 
and reasonable, considering the circumstances existing or projected to 
exist at the respecfive times of the department's decisions concerning 
whether to incur the costs comprising such revenue requirement, and the 
factors which under the Act are relevant to such determination and such 
decisions, including but not limited to the following: 

( 1 ) The development and operafion of the program as provided in the 
Act is in all respects for the welfare and the benefit of the people of the 
state, to protect the public peace, health, and safety, and constitutes an 
essenfial governmental purpose; 

(2) The department must do those things necessary and authorized un- 
der chapter 2 of the Act to make power available directly or indirectly to 
electric consumers in California; provided that except as otherwise 
stated, nothing in the Act authorizes the department to take ownership of 
the transmission, generation, or distribution assets of any electrical cor- 
poration in the State of California; 

(3) Upon those terms, limitations, and condifions as it prescribes, the 
department may contract with any person, local publicly owned electric 
utility, or other entity for the purchase of power on such terms and for 
such periods as the department determines and at such prices the depart- 
ment deems appropriate taking into account all of the factors listed in sec- 
tion 80100 of the Water Code; 

(4) The department may sell any power acquired by the department 
pursuant to the Act to retail end use customers, and to local publicly 
owned electric utilities, at not more than the department's acquisition 
costs, including transmission, scheduling, and other related costs, plus 
other costs as provided in section 80200 of the Water Code; 

(5) The department must, at least annually, and more frequently as re- 
quired, establish and revise revenue requirements sufficient, together 
with any moneys on deposit in the Electric Power Fund, to provide for 
all of the amounts listed in section 801 34(a) of the Water Code, including 
but not limited to the repayment to the General Fund of appropriations 
made to the Electric Power Fund for purposes of the Act; and 

(6) Obligations of the department authorized by the Act shall be pay- 
able solely from the Electric Power Fund. 

NOTE: Authority cited: Section 80014, Water Code. Reference: Section 80()()(). 
80003, 80100, 80102(b). 801 16, 801 34 and 80200. Water Code. 

History 

1. New section filed 6-7-2002 as an emergency; operative 6-7-2002 (Register 
2002, No. 23). Pursuant to Water Code section 80014 a Certificate of Com- 
pliance must be transmitted to OAL by 1 2-4-2002 or emergency language will 
be repealed by operation of law on the following day. 

2. Repealed by operation of Government Code section 1 1 346. 1(g) (Register 2002. 
No. 49). 

3. New section filed 12-5-2002 as an emergency; operative 12-10-2002 (Regis- 
ter 2002, No. 49). Pursuant to Water Code section 80014 a Certificate of Com- 
pliance must be transmitted to OAL by 6-9-2002 or emergency language will 
be repealed by operation of law on the following day. 



Page 40.1 



Register 2004, No. 14; 4-2-2004 



§595 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



4. Certificate of Compliance as to 12-10-2002 order transmitted to OAL 
6-4-2003 and filed 7-1-2003 (Register 2003, No. 27). 



Chapter 5. Department of Water 
Resources — Conflict of Interest Code 

§ 595. General Provisions, 

NOTE: Pursuant to a regulation of the Fair Political Practices Com- 
mission (Title 2, CCR, section 18750(k)(2)), an agency adopting a con- 
flict of interest code has the options of requesting that the code either be 
( 1 ) printed in the CCR in its entirety or (2) incorporated by reference into 
the CCR. Here, the adopting agency has requested incorporation by ref- 
erence. However, the full text of the regulations is available to the public 
for review or purchase at cost at the following locations: 

DHPARTMENT 0¥ WATl-:K RESOURCtiS 
141 f. NINTH STREHT 
SACRAMENTO, CALIFORNIA 95814 

FAIR POLITICAL PRACTICES COMMISSION 

!1(K1"K" STRt-;i;T 

SACRAMENTO. CALIFORNIA 95814 

ARCHIVES 
SECRI-TARY OF STATE 

1020 "O" strhi:t 

SACRAMENTO. CALIFORNIA 95814 

The Conflict of Interest Code is designed as Chapter 5 of Division 2 
of Title 23 of the California Code of Regulations, and consists of sections 
numbered and titled as follows: 

Chapter 5. Department of Water Resources — 
Conflict of Interest Code 



Section 
595. 



General Provisions 
Appendix 



NOTE: Authority cited: Sections 87300, and 87306, Government Code. Refer- 
ence: Sections 87300-87302 and 87306, Government Code. 

History 

1. New subchapter 4 (articles 1-5, sections 700-760, not consecutive) filed 
7-1 3-77; effective thirtieth day thereafter. Approved by Fair Political Practices 
Commission 4-21-77 (Register 77, No. 29). 

2. Renumbering of subchapter 4 (articles 1-5: sections 700-760. not consecutive) 
to subchapter 4 (sections 595-599, not consecutive) filed 1-25 — 79; effective 
thirtieth day thereafter (Register 79, No. 4). 

3. New section 595.3, amendment of sections 596.5 (a)(2) and (b)(2), 596.9 (a)(2), 
596. 10(b), and new Appendices A-G filed 3-9-79; effective thirtieth day there- 
after. Approved by Fair Political Practices Commission 1-3-79 (Register 79, 
No. 10). 

4. Repealerof subchapter 4 (articles 1-5, sections 595-599 and Appendices A-G) 
and new subchapter 4 (section 595 and Appendix ) filed 2-26-8 1 ; effective thir- 
tieth day thereafter. Approved by Fair Political Practices Commission 12-1-80 
(Register 81, No. 9). 

5. Amendment of section filed 9-20-90; operative 10-20-90 (Register 90, No. 
46). 

6. Amendment filed 3-20-92; operadve 4-20-92. Submitted to OAL for printing 
only. Approved by Fair Political Practices Commission 2-3-92 (Register 92, 
No. 13). 

7. Amendment filed 7-1 1-95; operative 8-10-95. Submitted to OAL for printing 
only. Approved by Fair Political Practices Commission 4-26-95 (Register 95, 
No. 28). 

8. Amendment of Appendix filed 9-14-98; operative 10-14-98. Submitted to 
OAL for printine only. Approved by Fair Political Practices Commission 
6-30-98 (Register 98, No. 38). 

9. Renumbering of former chapter 4 to new chapter 5 filed 6-7-2002 as an emer- 
gency; operative 6-7-2002 (Register 2002, No. 23). Pursuant to Water Code 
section 80014 a Certificate of Compliance must be transmitted to OAL by 
1 2-4-2002 or emergency language will be repealed by operation of law on the 
following day. 

20. Reinstatement of section as it existed prior to 6-7-2002 emergency action by 
operation of Government Code section 11346.1(f) (Register 2002, No. 49). 

1 1 . Renumbering of former chapter 4 to new chapter 5 filed 1 2-5-2002 as an emer- 
gency; operadve 12-1 0-2002 (Register 2002, No. 49). Pursuant to Water Code 
secfion 80014 a Certificate of Compliance must be transmitted to OAL by 
6-9-2002 or emergency language will be repealed by operation of law on the 
following day. 



12. Amendment of section and Appendix filed 4-2-2004; operative 5-2-2004. 
Approved by Fair Political Practices Commission 12-18-2003 (Register 2004, 
No. 14). 

§ 600. Draft EIR Procedures. 

History 
1. Renumbering from Section 600 to Section 561 and amendment filed 1-25-79; 
effective thirtieth day thereafter (Register 79, No. 4). 

§ 601 . Notice of Completion. 

History 
1 . Renumbering from Section 601 to Section 562 and amendment filed 1-25-79; 
effective thirtieth day thereafter (Register 79, No. 4). 

§ 602. Review of Draft EIR. 

History 
1. Renumbering from Section 602 to Section 563 and amendment filed 1-25-79; 
effective thirtieth day thereafter (Register 79, No. 4). 

§ 603. Final EIR Preparation. 

History 
1. Renumbering from Section 603 to Section 564 and amendment filed 1-25-79; 
effective thirtieth day thereafter (Register 79, No. 4). 

§ 604. Processing of Final EIR. 

History 
1 . Renumbering from Section 604 to Section 565 and amendment filed 1-25-79; 
effective thirtieth day thereafter (Register 79, No. 4). 

§ 605. Notice of Determination. 

History 
1 . Renumbering from Section 605 to Section 566 and amendment filed 1-25-79; 
effective thirtieth day thereafter (Register 79, No. 4). 

§ 606. Final EIR to Local Planning Agencies. 

History 

1 . Renumbering from Section 606 to Section 567 and amendment filed 1-25-79; 
effective thirtieth day thereafter (Register 79, No. 4). 

§ 620. General. 

History 
1 . Renumbering from Section 620 to Secfion 570 filed 1-25-79; effective thirtieth 
day thereafter (Register 79, No. 4). 

§ 621. Consultation As an Approval Agency. 

History 
1 . Renumbering from Section 621 to Section 571 and amendment filed 1-25-79; 
effective thirtieth day thereafter (Register 79, No. 4). 

§ 622. Consultation As a Jurisdictional Agency. 

History 
1 . Renumbering from Section 622 to Section 572 and amendment filed 1-25-79; 
effective thirtieth day thereafter (Register 79, No. 4). 

§ 623. Consultation As an Agency with Expertise. 

History 
I. Renumbering from Section 623 to Section 573 and amendment filed 1-25-79; 
effective thirtieth day thereafter (Register 79, No. 4). 

§ 624. Review of Sufficiency. 

History 
1. Renumbering from Section 624 to Section 574 and amendment filed 1-25-79; 
effective thirtieth day thereafter (Register 79, No. 4). 

§ 625. Designation of Contact Person. 

History 
1 . Renumbering from Section 625 to Section 575 and amendment filed 1-25-79; 
effective thirtieth day thereafter (Register 79, No. 4). 

§ 630. Categorical Exemptions. 

History 
1 . Renumbering from Section 630 to Section 580 and amendment filed 1-25-79; 
effective thirtieth day thereafter (Register 79, No. 4). 

§ 649.6. Authority (Conflict of Interest Code). 

History 
1 . Renumbering of sections within Subchapter 4 from Secfions 700-750, not con- 
secutive, to Sections 595-599, not consecutive, filed 1-25-79; effective thir- 
tieth day thereafter (Register 79, No. 4). 



Page 40.2 



Register 2004, No. 14; 4-2-2004 



Barclays Official 

California 

Code of 
Regulations 



Title 23. Waters 

Division 3. State Water Resources Control Board 



Vol. 32 



XHOIVISOIM 

^ 

MVEST 



Barclays Official California Code of Regulations 

425 Market Street • Fourth Floor • San Francisco, CA 94105 
800-888-3600 



Title 23 



State Water Resources Control Board 



Table of Contents 



Division 3. State Water Resources Control Board 



Table of Contents 



Page 



Page 



Chapter 1 . General Provisions 41 

Article 1 . Definitions 41 

§ 640. Definitions. 

Article 2. Purpose, Use and Effect of 

Regulations 41 

§641. Purpose. 

§641.1. Use and Effect. 

Article 3. Official Records 41 

Article 4. Meeting Notice and Agenda 

Requirements 41 

Article 5. Conflict of Interest 41 

§ 644. State Board Membership. 

§ 644. 1 . Regional Water Quality Control 

Board Membership. 
§ 644.2. Significant Portion of Income. 

§ 644.3. Persons Subject to Requirements 

and Applicant. 
§ 644.4. Income. 

§ 644.3. Direct or Indirect Income. 

§ 644.6. Board Member's Statement of 

Employment. 

Article 6. State Water Resources 

Control Board — Conflict of 

Interest Code 42 

Chapter 1 .5. Rules of Practice and Procedure 42 

Article 1 . Meetings 42 

§ 647. Purpose. 

§647.1. Scheduling. 

§ 647.2. Notice and Agenda Requirements. 

§ 647.3. Public Conmients. 

§ 647.4. Recording of Meetings. 

§ 647.5. Minutes of Meetings. 

Article 2. Adjudicative Proceedings 43 

§ 648. Laws Governing Adjudicative 

Proceedings. 
§ 648. 1 . Parties and Other Interested 

Persons. 
§ 648.2. Official Notice. 

§ 648.3. Evidence by Reference. 

§ 648.4. Identification of Witnesses; 

Presubmission and Presentation of 

Testimony and Exhibits. 
§ 648.5. Order of Proceedings. 

§ 648.5. 1 . Rules of Evidence. 

§ 648.6. Alternative Dispute Resolution. 

§ 648.7. Informal Hearings. 

§ 648.8. Enforcement Orders and Sanctions. 

Article 3. Rulemaking and Informational 

Proceedings 46 

§ 649. Scope. 

§649.1. Rulemaking Proceedings. 

§ 649.2. Notice of Informational 

Proceedings. 
§ 649.3. Order of Procedure. 

§ 649.4. Prepared Written Evidence. 

§ 649.5. Questioning. 



Article 4. Subpoenas 46 

§ 649.6. Subpoenas. 

Chapter 2. Appropriation of Water 47 

Article 1 . General Provisions 47 

§ 650. Application for Water. 

§651. Policy. 

§ 652. Application Must Be Accompanied 

by Minimum Eiling Fee. 
§ 652.5. Application Fees for Small 

Hydroelectric Projects. 
§ 653. Applications for Water Where an 

Existing Right Is Claimed. 
§ 654. Documents That Must Be Sworn 

To. 
§ 654.4. Policy. 

Article 2. Definitions 47 

Subarticle 1 . General 47 

§ 655. Application. 

§ 656. Complete and Incomplete 

Applications. 
§657. Regulation of Water. 

§ 657.1. Recreational Reservoirs for 

Subdivisions. 
§ 657.2. Stockwatering Reservoirs. 

§658. Storage of Water. 

Subarticle 2. Beneficial Uses 48 

§ 659. Beneficial Use of Water. 

§ 660. Domestic Uses. 

§ 661. Irrigation Use. 

§ 662. Power Use. 

§ 662.5. Frost Protection Use. 

§ 663. Municipal Use. 

§ 664. Mining Use. 

§ 665. Industrial Use. 

§ 666. Fish and Wildlife Preservation and 

Enhancement Use. 
§ 667. Aquaculture Use. 

§ 667.5. Fish and Wildlife Protection and 

Enhancement. 
§ 668. Recreational Use. 

§ 668.5. Water Quality Use. 

§ 669. Stockwatering Use. 

§ 669.5. Name and Address of Applicant. 

§ 670. Water Quality Use. 

§ 670.5. Supplement to Application May Be 

Required. 
§ 670.6. Instream Beneficial Use 

Assessment. 
§ 671. Frost Protection Use. 

§ 672. Heat Control Use. 

§ 673. General Requirements. 

§ 674. Requirements for Irrigation 

Purposes. 

Article 3. How Applications Are 

Processed 50 

§ 675. Substantial Compliance. 

§ 676. Filing Fees. 

§ 677 . AppUcalion Fees for Small 

Hydroelectric Projects. 
§ 678. Detennination of Completeness. 

§ 679. Cancellation of Application. 



Page i 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



Page 



Page 



§680. 


Application.s Not Made in a Bona 




Fide Attempt to Conform to Rules 




and Law. 


§681. 


Time to Complete and Extensions 




Thereof. 


§682. 


Additional Information. 


§ 683. 


Supplemental Information. 


§684. 


Issuance of Notice. 


§ 685. 


Effect of Issuance of Notice. 


icle 4. R 


equirements for Separate 



Applications and Joint 

Applications 51 

§ 686. Separate Applications for 

Consumptive and Nonconsumptive 

Uses. 
§ 687. Separate Application for Each 

Diversion. 
§ 688. Separate Applications for Separately 

Owned Places of Use. 
§ 689. Separate Application for Frost 

Protection. 
§ 690. Application by an Agency 

Representing Users Within a 

Combined Place of Use. 
§691. Joint Applications. 

§ 692. Definitions. 

§ 692.3. Determination of Completeness. 

§ 692.5. Additional Information. 

§ 692.7. Supplemental Information. 

§ 693. Statement of Reasons and Request 

for Time to Complete. 
§ 694. Time to Complete and Extensions 

Thereof. 

Article 5. Amounts for Which to Apply 52 

§ 695. Unappropriated Water. 

§ 696. Applications Reasonably Necessary 

for Beneficial Use — How Stated. 
§ 697. Examples of Amounts Considered 

Reasonably Necessary. 
§ 698. Action upon an Application for an 

Excessive Amount. 
§ 698.5. Separate Application for Frost 

Protection. 
§ 699. Limitation upon Application and 

Right Obtained. 
§ 700. Approval of Applications for Partial 

Season of Use. 
§701. Application by an Agency 

Representing a Combined Use. 
§ 702. Joint Applications. 

§ 703. Joint Ownership of Places of Use. 

Article 6. Contents of Application and 

Instream Beneficial Use 

Assessment 54 

§ 705. Form of Application. 

§ 706. General Requirements. 

§ 707. Legal Nature, Name and Address of 

Applicant. 
§ 708. Supplement to Application May Be 

Required. 
§ 709. Instream Beneficial Use 

Assessment. 
§ 7 1 0. Signature of Applicant. 

§711. Documents That Must Be Sworn 

To. 
§ 7 1 2. Issuance of Notice by Board. 

§ 713. Effect of Issuance of Notice. 

§ 714. Application for Permit to 

Appropriate Water from Wild and 

Scenic Rivers. 

Article 7. Map Requirements 56 

§ 715. General Requirements. 

§ 716. Maps for Minor Projects. 



§ 7 1 7. Maps for Larger Projects. 

§718. Requirements for Municipal 

Purposes. 
§719. Requirements for hTigal ion 

Purposes. 
§ 719.5. Claim of Right Without Compliance 

with Statutory Procedure. 
§ 720. Requirements for Power Purposes. 

§721. Requirements for Mining Purposes. 

§ 722. Maps for Underground Storage. 

§722.5. Abandonment of Protest. 

§ 723. Requirements for Other Purpo.ses. 

§ 724. Filing and Application Without 

Maps — When Allowed. 
§ 725. Deferral of CEQA Documents. 

§ 728. Board May 

Conduct — Co-Operation by Parties. 
§ 729. Benefits and Detriments; Alternative 

Projects. 

Article 8. Special Situation 

Applications 58 

§ 730. Adding Power Plants to Existing 

Works. 
§731. Applications for Water Where an 

Existing Right Is Claimed. 
§ 732. Relationship of Applicant and User. 

§ 733. Underground Storage. 

§ 733.5. Witnesses and Exhibits. 

§ 734. Applications Within the California 

Wild and Scenic Rivers System. 
§ 735. Napa River, Special. 

§ 736. Petitions for Assignment or Release 

from Priority of Applications Filed 

Pursuant to Part 2, of Division 6, 

Sections 10500 et seq. of the Water 

Code. 
§ 736. 1 . Hearings in Response to Drought 

Emergency Conditions. 
§ 737. Time of Filing Petitions. 

§ 737. 1 . Reconsideration of Board Decisions 

and Orders. 
§ 737.2. Petition for Reconsideration. 

§ 737.4. Board Action. 

§ 737.5. Procedure Relating to Hearings. 

§ 738. Protests to Petitions. 

§ 738.5. Nature of Action. 

§ 739. Hearings of Petitions for Release 

from Priority. 
§ 740. Maps and Data Required. 

§ 741. Notice of Petition. 

§ 742. Procedure on Petitions. 

§ 743. Changes Prior to Notice of an 

Application. 
§ 744. Changes to Cover Incidental Uses of 

a Reservoir. 

Article 9. Protests and Answers 61 

§ 745. Protest Requirements. 

§ 746. Claim of Right Without Compliance 

with Statutory Procedure. 

§ 747. Time for Filing. 

§ 748. Service of Supplements and 

Correspondence. 

§ 749. Rejection of Protest. 

§ 750. Abandonment of Protest. 

§751. Answers to Protests. 

§ 752. Content of Answers. 

§ 753. Extension of Time for Negotiation. 

§ 754. Establishment of Relationship. 

Article 10. Investigations 62 

§ 755. Board May Conduct — Cooperation 

by Parties. 
§ 756. Benefits and Detriments; Alternative 

Projects. 
§ 757. Filing for Service of a Subdivision 

(Leasing). 



Page 



(7-11-2008) 



Title 23 



State Water Resources Control Board 



Table of Contents 



Page 

Article 1 1 . Hearings and Proceedings in 

Lieu of Hearing 62 

Hearings on Water Right 

Applications and Other Water Right 

Matters. 

Procedure at Hearings. 

Witnesses and Exhibits. 

Passage of Water for Fish. 

Subpoenas. 

Release of Stored Water. 

Combined Hearings. 

Investigation of Complaints. 

Action by the Board. 

Action on the Board's Own Motion. 

Licenses. 

Policy. 

Investigations. 

Notifications and Orders. 

Noncompliance with Order: 

Revocation of Entitlement. 

Noncompliance with Order: 

Enforcement by Attorney General. 

Alternative Procedure. 

Conservation and Protection of 

Water Within the Sacramento-San 

Joaquin Delta and Its Tributary 

Streams. 

Hearings to Be Held Promptly. 

Failure to Appear — Effect. 

Hearings in Response to Drought 

Emergency Conditions. 

Article 12. Reconsideration and 

Amendments of Board Water 

Right Decision and Orders 64 

§ 768. Reconsideration of Board Decisions 

and Orders. 



Page 



794. 



Petition Information and Map 
Requirements. 



§ 760. 



§761. 
§762. 
§ 762.5. 
§ 76."^. 
§ 763.5. 
S764. 
§ 764.5. 
§ 764.6. 
§ 764.7. 
§ 764.8. 
§ 764.9. 
§764.10. 
§764.11. 
§764.12. 

§764.13. 

§ 764.14. 
§ 764.20. 



§ 765. 
§766. 
§767. 



§ 795. 




Notice of Change Petitions. 


§796. 




Protest Procedure on Change 
Petitions. 


§797. 




Changes Prior to Notice of an 
Application. 


§798. 




Changes to Cover Incidental Uses of 
a Reservoir. 


§799. 




Petition for Change to Add a Power 
Plant to Existing Works. 


icle 16. 


Temporary Changes Due to 




Transfer or Exchange of 




Water 


or Water Rights 


§800. 


Temporary Changes. 


§801. 




Notice of Temporar) Change. 


§802. 




Map Requirements. 


§ 803. 




Action by the Board Regarding 
Temporary' Changes. 


§804. 




Public Notice and Objections to 
Proposed Temporary Changes. 


icie 16.5. 


Temp( 


Drary Urgency Changes 


§ 805. 




Petition lor Temporan, Urgency 



69 



70 



806. 



Article 17. 



§811. 
§812. 
§813. 
§814. 
§815. 



§769. 


Petition for Reconsideration. 


§770. 


Board Action. 


§771. 


Procedure Relating to Hearings. 


§772. 


Issuance of Separate Permits and 




Licenses. 


Article 13. 


Right of Access 


§775. 


Right of Access Over Lands Not 




Owned by Applicant. 


§776. 


Where Public Agency Permission or 




Approval Is Required. 


§ 776.5. 


Requests for Extension of Time 




Under Permit. 


§777. 


Right of Access over Lands Where 




Title Is Disputed. 


§778. 


Request for Extension of Time 




Under Permits. 


§ 778.5. 


Notice of Petitions and Protests. 


§779. 


Cause for Elxtension of Time. 


Article 14. 


Standard Permit Terms and 




Conditions 


§780. 


Standard Permit Terms. 


§781. 


Public Access for Fishing. 


§782. 


Passage of Water for Fish. 


§783. 


Waste Discharge Requirements. 


§784. 


Release of Stored Water. 


§785. 


Surface Diversion or Storage. 


§786. 


Underground Storage. 


§790. 


Revocation Hearings. 


Article 15. 


Changes in Point of 




Diversion, Place of Use, or 




Purpose of Use 


§791. 


Change Petitions. 


§792. 


Nature of Approval Action. 


§793. 


Filing Fee When Multiple Changes 




or Rights Involved. 



§816. 



Article 18. 



Change. 

Notification of and Objections to 

Temporary Urgency Changes. 

Changes Involving a Long- 
term Transfer of Water or 
Water Right 

Long Term Transfer. 

Petition for Long-term Transfer. 

Map Requirements. 

Notice of Long-term Petitions. 

Protest Procedure on Long-term 

Transfer Petitions. 

Action of the Board Regarding 

Long-term Transfers. 

Enforcement of Terms and 
Conditions 



70 



71 



§820. 
§821. 
§822. 
§823. 



Article 19. 



66 



§ 830. 
§831. 

§832. 
§833. 

§834. 

§835. 

§836. 



Complaints of Violations. 
Investigation of Complaints. 
Action by the Board. 
Action on the Board's Own Motion. 

Changes of Ownership and of 
Address-Notices 71 

Procedure on Change of Address. 

Notice to Board of Changes in 

Ownership. 

Contests As to Ownership. 

Presumption Based on Ownership of 

Place of Use. 

Presumption That Water Right 

Passes upon Foreclosure Sale. 

Presumption upon Termination of an 

Option or Lease Relative to Real 

Property. 

Issuance of Separate Permits and 

Licenses. 



72 



67 



Article 20. 


Diligence Required — 




Exten 


sions of Time 


§840. 


Reasonable Promptness Required. 


§841. 




Time for Completion. 


§842. 




Requests for Extension of Time 
Under Permits. 


§843. 




Notice of Petitions and Protests. 


§844. 




Cause for Extension of Time. 


§845. 




Withholding Issuance of Permit. 


§846. 




Measuring Devices and Statements. 


§847. 




Progress Report. 


§848. 




Contents. 



Page iii 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



Page 



Article 21. 


Revocation of Permits and 






Licenses 


.. 73 


§ 850. 


Revocation Hearings. 




§851. 


Notice of Hearing. 




§ 852. 


Procedure Relating to Hearings. 




Article 22. 


Prevention of Waste and 






Unreasonable Use 


.. 74 


§ 855. 


Policy and Definition. 




§ 856. 


Investigations. 




§ 857. 


Notifications, Hearings and Orders. 




§ 858. 


Noncompliance with Order 
Regarding Misuse Under Water 
Right Entitlement. 




§ 859. 


Noncompliance with Other Order 




§860. 


Alternative Procedure. 




Article 23. 


Stream Systems Declared to 






Be Fully Appropriated 


.. 74 


§870. 


Purpose of this Article. 




§871. 


Revocation or Revision of a 
Declaration. 




§872. 


Addition of Stream Systems to the 
Declaration. 




§ 873. 


Applications Pending at Time of 
Revision or Addition. 




§874. 


Notice of Hearings and Hearing 
Rules of Procedure. 




Ihapter 2.5. 


Water Rights for Stockponds 


.. 76 


Article 1. 


Definitions 


.. 76 


§880. 


Board. 




§881. 


Stockpond. 




Article 2. 


Claims of Water Rights and 
Applications for 






Certification 


.. 76 


§885. 


Forms. 




§886. 


Refusal to Accept Claims. 




§887. 


Number of Claims Required. 




§888. 


Penalty for Perjury. 




Article 3. 


Fees 


. . 77 


§890. 


Fees. 




Article 4. 


Notice of Claims and 






Protests 


. . 77 


§895. 


Notices. 




§896. 


Protests. 




§897. 


Content of Protests. 




§898. 


Ground for Protest. 




Article 5. 


Investigation, Hearing, and 
Certification of Claims 


. . 77 


§900. 


Investigation. 




§901. 


Hearing. 




§902. 


Certification. 





Article 6. 



Continued Use of the 
Stockpond and Revocation of 
the Certification 



§905. 


Continued Use of the Stockpond. 


§906. 


Revocation of the Certification. 


§907. 


Number of Claims Required. 


§908. 


Penalty for Perjury. 


§910. 


Fees. 


§915. 


Notices. 


§916. 


Protests. 


§917. 


Contents of Protests. 


§918. 


Ground for Protest. 


§920. 


Investigation. 


§921. 


Hearing. 


§922. 


Certification. 


§925. 


Continued Use of the Stockpond. 



77 



Page 

§ 926. Revocation of the Certification. 

Chapter 3. Determination of Right to the 

Use of Water 78 

Article 1 . Definitions 78 

§ 940. Board. 

Article 2. Adjudications Under Water 

Code Sections 2500 Through 

2900 78 

§ 945. Petition. 

§ 946. Public Interest and Necessity. 

§ 947. Proof of Claim of Water Right 

§ 948. Signature of Deponent Claimaat. 

§ 949. Objections. 

§ 950. Other Applicable Regulations. 

§951. Inspection of Records. 

§ 952. Separate Proof for Each Purpose of 

Use. 
§ 953. Separate Proof for Each Diversion. 

§ 954. Single Proof for Claim Initiated 

Under the Water Commission Act or 

Water Code. 
§ 955. Claims to Water Supplied by 

District or Water Company. 
§ 956. Divided Interests. 

§ 957. Undivided Interests. 

§ 958. General Requirements for Proofs of 

Claims. 
§ 959. Specific Requirements for Irrigation 

Proofs. 
§ 960. Uses Other Than Irrigation. 

§961. Signature of Deponent. 

§ 962. Objections. 

§ 963. Subpoenas. 

§ 964. Procedure at Hearings. 

§ 965. Official Notice. 

§ 966. Evidence by Reference. 

§ 967. Oral Arguments and Briefs. 

§ 968. Attorneys or Agents. 

§ 969. Inspection of Records. 

Chapter 4. Recordation of Water Extractions 

and Diversions 78.2 

Article 1 . Notices of Water Extractions 

and Diversions 78.2 

§1000. Use of Forms. 

§1001. Separate Notices. 

§1002. Contents of Notices. 

Article 2. Fees 78.2 

§1010. Filing Fees. 

§ 1011. Effect of Failure to Pay Filing Fees. 

§1012. Investigation Charges. 

Article 3. Investigation and 

Determination of Facts 78.3 

§ 1020. Notice of Investigation. 

§ 1021. Service of Proposed Findings. 

§ 1022. Hearing. 

§ 1023. Further Procedure. 

§1024. Shortening of Time. 

Chapter 4.5. Procedures for Protecting 

Instream Beneficial Uses 78.3 

Chapter 5. Fees 78.3 

§ 1061. Definitions. 

§ 1062. Filing Fees for Water Right 

Applications. 
§ 1063. Annual Fees for Water Right 

AppUcations. 
§ 1064. Fihng Fees for Petitions or 

Requests. 



Page iv 



(7-11-2008) 



Title 23 



State Water Resources Control Board 



Table of Contents 



Page 



Page 



§ 1065. Annual Fees for Petilions or 

Requests. 
§1066. Annual Fees for Permits or 

Licenses. 
§1067. Water Leases. 

§ 1068. Registration Fees for Small 

Domestic and Livestock Stockpond 

Uses. 
§ 1069. Proof of Claim. 

§ 1070. Notice of Extraction and Diversion 

of Water. 
§ 1071. Hydroelectric Projects. 

§ 1072. Joint and Several Liability. 

§ 1073. Allocation of Fees and Expenses. 

§1074. Administration of Fees and 

Expenses. 
§ 1075. Collection of Fees and Expenses. 

§ 1076. Cancellation for Nonpayment of 

Fees. 
§ 1077. Petition for Reconsideration. 

§ 1078. Objection to Determination of 

Expenses. 

Chapter 6. Review by State Board of Action 
or Failure to Act by Regional 
Board 78.8 

§ 2050. Petition for Review by State Board. 

§ 2050.5. Complete Petitions; Responses; 

Time Limits. 

§ 2050.6. Supplemental Evidence. 

§ 2051. Defective Petitions. 

§ 2052. Action on a Petition. 

§2052.1. Intervention. 

§ 2053. Stay Orders. 

§ 2054. Consolidation of Proceedings. 

§ 2055. Notice of Review. 

§ 2056. Subpoenas. 

§2057. Conduct of Hearing. 

§ 2058. Additional Parties. 

§ 2059. Evidence Rules. 

§ 2059. 1 . Review of Septic Tank Prohibitions. 

§ 2060. Official Notice. 

§ 2061 . Order of Testimony. 

§ 2062. Cross-Examination. 

§ 2063. Oral Argument. 

§ 2064. Record. 

§ 2065. Informal Disposition. 

§ 2066. Workshop Meeting. 

§ 2067. Formal Disposition. 

§ 2068. Notice of Right to Petition. 

Chapter 7. Clean Water Grant Program 81 

Chapter 8. Other Federal Grant Programs 81 

Chapter 9. Waste Discharge Reports and 

Requirements 81 

Article 1 . Fees 81 

§ 2200. Annual Fee Schedules. 

§2200.1. 

§ 2200.2. 

§ 2200.3. 

§ 2200.4. 

§ 2200.5. No Exposure Certification. 

§ 2200.6. Annual Waiver Fee Schedules. 

§ 2201 . Special Fees for Discharge of 

Hazardous Waste to Surface 
Impoundments. [Repealed] 

Article 2. Waste Discharge Requirements 

for Discharges Other Than 
from Point Sources to 

Navigable Waters 84.2 

§ 2205. Preliminary Procedures. 



§2206 


Elffective Filing Date. 


§2207 


Criteria for Filing Reports. 


§ 2208 


Projects Deemed Approved. 


§2210 


Definition of a Material Change. 


§ 2230 


Monitoring Program Reports. 


§2231 


Time Schedules. 


§ 2232 


Ensuring Adequate Capacity. 


§ 2232 


1 . Certification of Supervisors and 




Operators of Municipal Wastewater 




Treatment Plants. 


§2232 


2. Periodic Review of Waste Dischai^gt 




Requirements. 


§ 2233 


Other Terms and Conditions to Be 




Included in Waste Discharge 




Requirements. 


§ 2234 


Inspections. 



Article 3. 



§ 2235. 
§2235.1. 

§ 2235.2. 



§ 2235.3. 
§ 2235.4. 



Article 5. 



Waste Discharges from Point 

Sources to Navigable 

Waters 85 

Definitions. 

F'iling and Processing of a Report of 

Waste Discharge. 

Compliance with Regulations of the 

U.S. Environmental Protection 

Agency. 

Additional Requirements. 

Continuation of Expired Permits. 

Waste Discharges from Point 

Sources to Navigable 

Waters 85 



Article 6. 



Bay Protection Toxic Cleanup 
Prosram 



§ 2236. 



Bay Protection and Toxic Cleanup 
Annual Fees. 



Chapter 9. 1 . Enforcement Procedures 



Article 1. 



Cease and Desist Orders 



85 

86 
86 



§ 2240. When Issued. 

§2241. Compliance Requirements. 

§ 2242. Threatened Violations of Time 

Schedules. 
§ 2243. Time Schedules. 

§ 2244. Prohibitions or Restrictions on 

Additional Discharges to 

Community Sewer Systems. 
§ 2244. 1. Exclusions from Prohibitions and 

Restrictions on Additional 

Discharges to Community Sewer 

Systems. 
§ 2244.2. Means of Obtaining Exclusions 

Provided for by Section 2244.1(b). 
§ 2244.3. Removal of Prohibitions and 

Restrictions on Additional 

Discharges to Community Sewer 

Systems. 
§ 2245. Immediate Corrective Measures. 

Chapter 9.2. Reportable Quantities and 

Reporting Requirements 86.1 

§ 2250. Reportable Quantity for Sewage. 

§ 2251. Reportable Quantities for Hazardous 

Wastes or Hazardous Substances. 

Article 2. Reporting Requirements 87 

§ 2260. Reporting Requirements. 

Chapter 10. Licensing and Regulation of Use 

of Oil Spill Cleanup Agents 87 

Article 1 . General Provisions 87 

§ 2300. Statement of Intent. 

§ 2301. Pohcy on the Cleanup of Oil Spills. 



Page 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



Page 



Page 



§ 2302. 


Scope of Regulations. 


§ 2303. 


Revision of Regulations. 


§ 2304. 


Definitions. 


Article 2. 


Licensing of Oil Spill 




Cleanup Agents 


§2310. 


Licensing Requirement. 


§2310.1, 


Application Fee and Deposit. 


§2311. 


Contents of Application. 


§2311.1. 


Standardized Tests and Product 




Testing. 


§2312. 


Responsibility of an Applicant. 


§2313. 


Standardized Tests and Product 




Testing. 


§2314. 


Licensing Criteria. 


§2315. 


Issuance of License. 


§2316. 


Term of License. 


§2317. 


Labeling Requirement. 


§2318. 


Legal Responsibility. 


§ 2320. 


Use of an OSCA Prior to Licensing. 


§2321. 


Interim Toxicity Criterion. 


Article 3. 


Use of Oil Spill Cleanup 




Agents 


§ 2330. 


Supervision and Enforcement of 




Use. 


§2331. 


Applicabilitv of Regulations for 




Use. 


§ 2332. 


Requirements for the Use of OSCA. 


§ 2333. 


Observance of Manufacturer's 




Recommendations. 


§ 2334. 


Emergency Authorization for Use of 




Unlicensed OSCA. 


§ 2335. 


Experimental Use of OSCA. 


§ 2336. 


OSCA Endorsement. 



§ 2533. 



Class 111: Landfills for 
Nonhazardous Solid Waste. 



87 



Chapter 1 1 . 
Chapter 12. 

Chapter 13. 
Chapter 14. 

Chapter 15. 



Certification of Conformance 
with Water Quality Standards 



Certification Under Section 1 69 
of the Internal Revenue Code of 
1954, As Amended 



Registration and Regulation of 
Liquid Waste Haulers 



Article 1. 



§ 2510. 
§2511. 



Article 2. 



§ 2520. 

§2521. 
§ 2522. 
§ 2523. 
§ 2524. 



Article 3. 



§ 2530. 
§2531. 

§ 2532. 



Classification of Wastewater 
Treatment Plants and Operator 
Certification 

Discharges of Hazardous Waste to 
Land 

General 

Applicability. 
Exemptions. 

Waste Classification and 
Management 

Applicability and Classification 

Criteria. 

Hazardous Waste. 

Designated Waste. 

Nonhazardous Solid Waste. 

Inert Waste. 

Waste Management Unit 
Classification and Siting 

Classification and Siting Criteria. 
Class I: Waste Management Units 
for Hazardous Waste. 
Class II: Waste Management Units 
for Designated Waste. 



Article 4. 


Construction Standards for 




Class I Units 92 


§ 2540. 




General Construction Criteria. 


§2541. 




General Criteria for Containment 
Structures. 


§ 2542. 




Liners. 


§ 2543. 




Leachate Collection and Removal 
Systems. 


§ 2544. 




Interim Cover. 


§ 2545. 




Subsurface Barriers. 


§ 2546. 




Precipitation and Drainage 
Controls. 


§ 2547. 




Seismic Design. 


§ 2548. 




Special Requirements for Surface 
Impoundments. 


§ 2549. 




Special Requirements for Land 
Treatment Facilities. 


Article 5. 


Water 


Quality Monitoring and 




Respc 


inse Programs for Waste 




Mana, 


gement Units 96 


§ 2550. 




Applicability. 


§ 2550.0. 




Applicability. 


§2550.1. 




Required Programs. 


§ 2550.2. 




Water Quality Protection Standard. 


§ 2550.3. 




Constituents of Concern. 


§ 2550.4. 




Concentration Limits. 


§ 2550.5. 




Monitoring Points and the Poim of 
Compliance. 


§ 2550.6. 




Compliance Period. 


§ 2550.7. 




General Water Quality Monitoring 
and System Requirements. 


§ 2550.8. 




Detection Monitoring Program. 


§ 2550.9. 




Evaluation Monitoring Program. 


§2550.1C 


). 


Corrective Action Program. 


§2550.11 




Unsaturated Zone Monitoring and 
Response Provisions for Class I 
Land Treatment Units. 


§ 2550.12 




Corrective Action Where Hazardous 
Waste Has Been Discharged at 
Areas Other Than Waste 
Management Units. 


§2551. 




Required Programs. 


§ 2552. 




Water Quality Protection Standards. 


§ 2553. 




Points of Compliance. 


§ 2554. 




Compliance Period. 


§ 2555. 




General Ground Water Monitoring 
Requirements. 


§ 2556. 




Detection Monitoring Program. 


§ 2557. 




Verification Monitoring Program. 


§ 2558. 




Corrective Action Program. 


§ 2559. 




Unsaturated Zone Monitoring 
Program. 


Article 6. 


Confined Animal Facilities 108 



90 



91 



§ 2560. Applicability. 

§ 2561. General Standards. 

§ 2562. Wastewater Management. 

§ 2563. Use or Disposal Field Management. 

§ 2564. Management of Manured Areas. 

§ 2565. Monitoring. 

Article 7. Mining Waste Management 

§ 2570. Applicability. 

§ 257 1 . Groups of Mining Waste. 

§ 2572. Mining Waste Management Unii: 

Siting and Construction Standards. 
§ 2573. Water Quality Monitoring for 

Mining Waste Management Units. 
§ 2574. Closure and Post-Closure 

Maintenance of Mining Waste 

Management Units. 

Article 8. Closure and Post-Closure 

Maintenance 



109 



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• 



§ 2580. General Closure Requirements. 

§ 2581 . Landfill Closure Requirements. 

§ 2582. Surface Impoundment Closure 

Requirements. 
§ 2583. Waste Pile Closure Requirements. 

§ 2584. Land Treatment Facility Closure 

Requirements. 

Article 9. Compliance Procedures 109 

§ 2590. Reporting Requirements for Waste 

Discharge to Land. 
§ 2591. Waste Discharge Requirements. 

§ 2592. Public Participation. 

§ 2593. Mandatory Closure (Cease and 

Desist Orders). 
§ 2594. Waste Characteristics. 

§ 2595. Waste Management Unit 

Characteristics. 
§ 2596. Design Report and Operations Plan. 

§ 2597. Closure and Post-Closure 

Maintenance Plan. 

Article 10. Definitions 114 

§ 2600. Statutory Definitions. 
§2601. Technical Definitions. 
Appendix 1 117 

Chapter 16. Underground Tank Regulations 120 

Article 1 . Definition of Terms 120 

§ 2610. Definitions/Applicability of 

Definitions. 
§2611. Additional Definitions. 

Article 2. General Provisions 123 

§ 2620. General Intent, Content, 

Applicability and Implementation of 

Regulations. 
§ 2621. Exemptions to the Regulations. 

Article 3. New Underground Storage Tank 
Design, Construction, and 
Monitoring Requirements 124 

§ 2630. General Applicability of Article. 

§ 263 1 . Design and Construction 

Requirements for New Underground 
Storage Tanks. 

§ 263 1.1. Compatibility and Permeability 

Testing Requirements for All New 
Underground Storage Tanks. 

§ 2632. Monitoring and Response Plan 

Requirements for New Underground 
Storage Tanks Constructed Pursuant 
to Section 2631. 

§ 2633. Alternate Construction 

Requirements for New Underground 
Storage Tanks Containing Motor 
Vehicle Fuel. 

§ 2634. Monitoring and Response Plan 

Requirements for New Underground 
Storage Tanks Containing Motor 
Vehicle Fuel and Constructed 
Pursuant to Section 2633. 

§ 2635. Installation and Testing 

Requirements for All New 
Underground Storage Tanks. 

§ 2636. Design, Construction, Installation, 

Testing, and Monitoring 
Requirements for Piping. 

§ 2636.1. Final Division Decisions Regarding 

Under-Dispenser Spill Containment 
or Control Systems. 

§ 2636.2. Petition for Board Review 

Regarding Under-Dispenser Spill 
Containment or Control Systems. 

§ 2636.3. Defective Petitions. 



§ 2636.4. Action by the Board Regarding 

Under-Dispenser Spill Containment 
or Control Systems. 



§ 2637. 


Secondary Containment Testing. 


§ 2638. 


Annual Certification of Monitoring 




Equipment. 


Article 4. 


Existing Underground Storage 




Tank Monitoring 




Requirements 


§ 2640. 


General Applicability of Article. 


§2641. 


Monitoring Program Requirements. 


§ 2642. 


Visual Monitoring. 


§ 2643. 


Non- Visual 




Monitoring/Quantitative Release 




Detection Methods. 


§2643.1. 


Tank Integrity Testing 




Requirements. 


§ 2644. 


Non-Visual Monitoring/Qualitative 




Release Detection Methods. 


§2644.1. 


Enhanced Leak Detection. 


§ 2645. 


Manual Tank Gauging and Testing 




for Small Tanks. 


§ 2646. 


Manual Inventory Reconciliation. 


§2646.1. 


Statistical Inventory Reconciliation. 


§ 2647. 


Vadose Zone Monitoring 




Requirements. 


§ 2648. 


Ground Water Monitoring 




Requirements. 


§ 2649. 


Well Construction and Sampling 




Requirements. 



132 



Article 5. Release Reporting and 

Initial Abatement 

Requirements 145 

§ 2650. Reporting and Recording 

Applicability. 
§ 2651. Recording Requirements for 

Unauthorized Releases. 
§ 2652. Reporting. Investigation and Initial 

Response Requirements for 

Unauthorized Releases. 
§ 2653. Initial Abatement Action 

Requirements. 
§ 2654. Initial Site Characterization 

Requirements. 
§ 2655. Free Product Removal 

Requirements. 

Article 6. Underground Storage Tank 

Repair and Upgrade 

Requirements 147 

§ 2660. General Applicability of Article. 

§ 2661. Requirements for Repairing 

Underground Storage Tank. 
§ 2662. Requirements for Upgrading 

Underground Storage Tanks. 
§ 2663. Interior Tank Lining Requirements. 

§ 2664. Requirements for Using Bladder 

Systems. 
§ 2665. Spill and Overfill Prevention 

Equipment Upgrade Requirements. 
§ 2666. Requirements for Upgrading 

Underground Piping. 

Article 7. Underground Storage Tank 

Closure Requirements 150 

§ 2670. General Applicability of Article. 

§ 2671. Temporary Closure Requirements. 

§ 2672. Permanent Closure Requirements. 

Article 8. Site-Specific Variance 

Procedures 152 

§ 2680. General Applicability of Article. 

§2681. Site-Specific Variances. 

§ 2682. Site-Specific Variances. 



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152.1 



Article 9. Local Agency Requests for 

Additional Design and 

Construction Standards 

§ 2690. General Applicability of Article. 

§ 2691. Procedures for Requesting 

Additional Standards. 



Article 10. Permit Application, 

Quarterly Report and Trade 
Secret Request 

Requirements 152.1 

§ 2710. General Applicability of Article. 

§ 271 1. Information and Application for 

Permit to Operate an Underground 

Storage Tank. 
§ 2712. Permit Conditions. 

§ 2712.1. Content of Upgrade Compliance 

Certificates. 
§ 2712.2. Issuing Upgrade Compliance 

Certificates. 
§ 2712.3. Displaying Upgrade Compliance 

Certificates. 
§ 2712.4. Replacing Upgrade Compliance 

Certificates. 
§ 2712.5. Lists of Underground Storage Tank 

Facilities. 
§ 2712.6. Prohibitions. 

§2712.7. Sunset Provisions. 

§2713. Local Agency Reporting 

Requirements. 
§2714. Trade Secret Provisions. 

Appendix I 152.4 

Appendix II 1 52.5 

Appendix III 152.5 

Appendix IV 152.5 

Appendix V 152.6 

Appendix VI 152.7 

§ 2715. Certification, Licensing, and 

Training Requirements for 

Underground Storage Tank Owners, 

Operators, Installers, Service 

Technicians, and Inspectors. 



Article 10.5. 

§2717. 
§2717.1. 
§2717.2. 
§2717.3. 



§ 2717.4. 



§2717.5. 



Red Tag Authority 152.12 

Additional Definitions. 

Affixing Red Tags. 

Removing Red Tags. 

Removal of Red Tag from 

Emergency Generator Tank Systems 

Prior to Correction of Significant 

Violation. 

Notice of Correction of Significant 

Violation. 

Significant Violations Exempt From 

Red Tags. 



§2717.6. 




Content of Red Tags. 


§2717.7. 




Enforcement Scope of Article. 


Article 1 1 . 


Corrective Action 




Requirements 152.13 


§ 2720. 




Additional Definitions. 


§2721. 




General Applicability of Article. 


§ 2722. 




Scope of Corrective Action. 


§ 2723. 




Preliminary Site Assessment Phase. 


§ 2724. 




Conditions That Require Soil and 
Water Investigation. 


§ 2725. 




Soil and Water Investigafion Phase. 


§ 2726. 




Corrective Action Plan 
Implementation Phase. 


§ 2727. 




Verification Monitoring Phase. 


§ 2728. 




Public Participation. 



Page 

Article 12. Electronic Submission of 

Laboratory Data for UST 

Reports 152.16 

§ 2729. Definitions. 

§2729.1. Electronic Submission of 

Laboratory Reports. 

Chapter 17. Underground Tank Tester 

Regulations 152.16 

Article 1. General Provisions 152.16 

§ 2730. Purpose. 

§2731. Definifions. 

Article 2. Administration 152.17 

§ 2740. Record of Licensees. 

§ 2741 . Record of Disciplinary Actions. 

Article 3. Application of Regulations 153 

§2750. Necessity of License. 

§ 2751. Local Regulations; Ordinances. 

Article 4. Licensing 153 

§ 2760. License Requirements. 

§2761. Apphcation for Licensure. 

§ 2762. Examination. 

§ 2763. Issuance of License, Renewal and 

Reinstatement. 

Article 5. Conduct of Business and 

Prohibited Acts 154 

§ 2770. Nofice of Change of Address. 

§ 2770.5. Name and license number on tank 

test reports. 
§ 277 1 . Liability of Licensee; Employee 

Records; Completion of Training for 

Testing Method Used. 
§ 2772. Record Retention Period. 

§ 2773. Grounds for disciplinary action. 

Article 6. Appeals Regarding 

Disciplinary Action 155 

§ 2780. Disciplinary proceedings. 

§ 2781. Action by Division. 

§ 2782. Requests for review by the State 

Water Board. 
§ 2783. Deficient requests for review. 

§ 2784. Recommendation by the Division 

Chief. 
§ 2785. Action by the State Water Board. 

§ 2790. Disciplinary Proceedings. 

Article 7. Revenue 156 

§ 2800. Fees. 

§ 280 1 . Copies of Laws, Rules, etc. ; 

Disposition. 
§2802. Refund of Fees. 

Chapter 18. Petroleum Underground Storage 

Tank Cleanup Fund Regulations 1 57 

Article L General Provisions 157 

§ 2803. Applicability. 

Article 2. Definition of Terms 157 

§ 2804. Definitions. 

Article 3. Financial Responsibility 

Requirements 158.1 

§ 2805. Applicability. 

§ 2806. General Responsibility to Meet 

Federal Requirements. 
§ 2806. 1 . Current Federal Compliance Dates. 

§ 2806.2. Demonstration of Compliance with 

Financial Responsibility 
Requirements by Owners and 
Operators. 



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§ 2807. Required Financial Responsibility 

Amounts. 
§ 2808. Demonstration of Financial 

Responsibility Through Compliance 

with Federal Requirements. 
§ 2808. 1 . Use of Fund to Meet Financial 

Responsibility Requirements. 
§ 2808.2. Fund Coverage. 

§ 2808.3. Fund Coverage. 

§ 2809. Reporting by Owner or Operator. 

§2809.1. Recordkeeping. 

§ 2809.2. Additional Financial Information. 

Article 4. The Fund 158.4 

§ 2810. Types of Costs Reimbursed. 

§2810.1. Fligible Claimants. 

§ 2810.2. Ineligibility of Cost Prior to January 

1. 1988. 
§ 281 0.3. Intentional or Reckless Acts; 

Ineligibility of Costs. 
§ 281 1 . Permitting and Other Eligibility 

Requirements. 
§2811.1. Claim Priority Classes. 

§ 281 1 .2. Fund Application Requirements; 

Reimbursement Requests for 

Corrective Action Costs. 
§ 281 1 .3. Fund Application Requirements; 

Reimbursement Requests for Third 

Party Compensation Costs. 
§2811.4. Pre-Approval of Corrective Action 

Proposals or Bids; Assistance with 

Contractor and Consultant 

Selection. 
§2812. General Procedures for 

Reimbursement. 
§ 2812.1. Compliance with Laws; Bid 

Requirements. 
§ 2812.2. Eligible and IneHgible Costs. 

§ 2812.3. Double Payment.^ 

§ 2812.4. Intentional or Reckless Acts; 

Ineligiblity of Costs. 
§ 2812.5. Reimbursement Limitations. 

§ 28 1 2.6. Verification of Claims. 

§ 2812.7. Submission and Receipt of Claims. 

§ 2812.8. Disqualification of Claims. 

§ 2813. Creation of Priority Lists. 

§ 28 1 3. 1 . Effect of Placement on Priority List. 

§ 2813.2. Management of Priority Lists. 

§ 2813.3. Removal from the Priority List; 

Suspension and Rejection of 

Claims. 
§ 281 3.4. Removal from the Priority List. 

Article 5. Request for Review, Appeal, 

and Petition Process 158.12(a) 

§ 2814. Fund Manager Decisions. 

§ 2814.1. Final Division Decisions. 

§ 2814.2. Petition for Board Review and 

Response by the Division Chief. 
§ 2814.3. Defective Petitions. 

§ 2814.4. Action by the Board. 

§ 2814.5. Board Workshop and Meeting. 

Article 6. Petitions for Site Closure 158.12(b) 

§2814.6. Filing of Petition. 

§ 2814.7. Action by the Board. 

§ 2814.8. Board Workshop and Meeting. 

Article 7. Orphan Site Cleanup 

Account 158.12(c) 

§ 2814.20. Definitions. 

§2814.21. Other Definitions. 

§2814.22. Types of Grants. 

§ 2814.23. Eligible Applicants. 

§ 2814.24. Eligibility Requirements. 

§ 28 14.25. Grant Conditions and Limitations. 

§ 28 14.26. Double Payment. 



§ 2814.27. 


Priority Ranking. 


§ 2814.28. 


OSCA Application Requirements. 


§2814.29. 


Priority List. 


§ 2814.30. 


General Procedures for Payment. 


§ 2814.31. 


Bidding Requirements. 


§ 2814.32. 


Effect of Placement on Priority List 




Management of Priority List and 




Payments. 


§ 2814.33. 


Removal from the Priority List and 




Resubmission of Applications. 


§ 2814.34. 


Verification of Applications. 


§ 2814.35. 


Intentional or Reckless Acts; 




Disqualification of Applications. 


§ 2814.36. 


Overpayment; Repayment. 


§ 2814.37. 


Appeals. 



Chapter 19. 



Chapter 20. 



Certification Under the 
California Pollution Control 
Financing Authority Act ... 



158.12(j) 



Article 1. 



Article 2. 



§2815. 
§ 2816. 
§2817. 

§2819 
§ 2820 
§2821 
§2822 
§2823 

§ 2824. 



Article 3. 



§ 2827. 

§ 2828. 
§ 2829. 



Chapter 20.1. 



Standards for the Removal of 

Sewage from Vessels I58.i2(j) 

General I58.i2(j) 

Authority and Purpose. 

Definitions. 

Application of Regulations. 

Design and Construction I58.i2(i) 

Pumpout Facility Design and Use. 
Prevention of Leakage and Spillage. 
Pump Design Requirements. 
Storage Tank Design Requirements. 
Design Requirements for Piping and 
Hoses. 

Pumpout Facility Water Supply 
Required. 

Operation and Maintenance I58.l2(k) 

Operation and Maintenance 

Instructions. 

Prevention of Leakage and Spillage. 

Inspection and Maintenance 

Requirements. 

Designation of Marine Terminals 
to Provide Adequate Sewage 
Retention Device Pumpout 



Article 1. 


General Provisions 158 I2(k) 


§2831. 


General. 


§ 2832. 


Definitions. 


Article 2. 


Administrative Procedures I58.l2(k) 


§ 2833. 


Regional Board Request. 


§2833.1. 


Contents of Regional Board Request 




for Pumpout Facilities. 


§ 2833.2. 


Notice of Pumpout Facility Need. 


§ 2833.3. 


Hearings by Regional Boards. 


§ 2833.4. 


Hearings by State Board. 


§ 2834. 


Further Procedures. 


§2834.1. 


Guidelines for Marine Terminal 




Selection. 


§ 2835. 


Installation Time. 


§ 2836. 


Design, Construction, Operation, 




and Maintenance. 



Chapter 21. 



Certification for Small Business 
Concerns Applying for Small 
Business Act Loans to Meet 
Water Pollution Control 
Requirements 



Chapter 22. 



State Policy for Water Quality 
Control 



158.13 



158.13 



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Page 



Page 



§ 2900. Nondegradation: Statement of 

Policy with Respect to Maintaining 
High Quality of Waters in 
California 

§ 2907. Policies and Procedures for 

Investigation and Cleanup and 
Abatement of Discharges Under 
Water Code Section 13304. 

§ 2908. Policy for Regulation of Discharges 

of Municipal Solid Waste. 

§ 2909. Concise Summary of Regulatory 

Provisions Amendment to the Water 
Control Policy for the Enclosed 
Bays and Estuaries of California. 

§ 2910. Concise Summary of Regulatory 

Policy on Water Quality 
Enforcement. 

§2911. Summaiy of Containment Zone 

Amendment of Resolution No. 
92-49: Policies and Procedures for 
Investigation and Cleanup and 
Abatement of Discharges Under 
Water Code Section 1 3304. 

§2912. Concise Summary of the Water 

Quality Control Policy for Guidance 
on Development of Regional Toxic 
Hot Spot Cleanup Plans. 

§ 291 3. Concise Summary of the 

Consolidated Toxic Hot Spots 
Cleanup Plan. 

§ 2914. Policy for Implementation of Toxics 

Standards for Inland Surface Waters, 
Enclosed Bays, and Estuaries of 
California. 

§ 2914.5. Policy for Implementation of Toxics 

Standards for inland Surface Waters, 
Enclosed Bays, and Estuaries. 

§ 2915. Policy for the Implementation and 

Enforcement of the Nonpoint 
Source Pollution Control Program. 

§ 2916. Water Quality Control Policy for 

Developing California's Clean 
Water Act Section 303(d) List. 

§ 2917. Water Quality Control Policy for 

Addressing Impaired Waters: 
Regulatory Structure and Options. 

§ 2918. Policy for Compliance Schedules in 

National Pollutant Discharge 
Elimination System (NPDES) 
Permits. 

§ 2919. A Site Specific Exception to the 

Sources of Drinking Water Policy 
for Old Alamo Creek. 



Chapter 23. Water Quality Control Plans 158.16(b) 

§ 3000. Inland Surface Waters, 

Amendments. 
§3001. Enclosed Bays and Estuaries. 

Amendments. 
§ 3002. Clear and Concise Summary of 

Revised Water Quality Control Plan 

for the San Francisco 

Bay/Sacramento-San Joaquin Delta 

Estuary. 
§ 3003. Amendments to the Water Quality 

Control Plan for Ocean Waters of 

California, the "California Ocean 

Plan." 
§ 3004. Clear and Concise Summary of 

Amendments to the California 

Ocean Plan Adopted by the State 

Water Resources Control Board on 

November 16, 2000. 



§ 3005. 



Clear and Concise Summary of 
Amendments to the California 
Ocean Plan Adopted by the State 
Water Resources Control Board on 
January 20, 2005 and April 21 , 
2005. 



Chapter 24. Grant and Loan Programs 

Article 1. Pesticide Research, 

Identification of Source, 



158.16(c) 



Article 2. 





and Mitigation Grant 




Program 158.16(c) 


§ 3410. 


Scope of Regulations. 


§3410.1. 


Definitions. 


§ 3410.2. 


Applications. 


§ 3410.3. 


Evaluation Criteria. 


§3410.4. 


Selection Process. 


§3410.5. 


Project Implementation. 




Replacing, Removing, or 




Upgrading Petroleum 




Underground Storage Tanks 




Grant and Loan Program 158.16(d) 


§ 3420. 


Definitions. 


§3421. 


Grant and Loan Purposes. 


§ 3422. 


Eligibility. 


§ 3423. 


Loan Terms. 


§ 3424. 


Loan Application Content. 


§ 3425. 


Grant Application Content. 


§ 3426. 


Loan Application Process. 


§ 3427. 


Grant Application Process. 


§ 3428. 


Misrepresentation; Repayment. 



Chapter 25. Clean Water Grant Program 158.16(g) 

Article 1. General Provisions 158.16(g) 

§ 3610. Purpose. 

§ 3611. Implementation and Objectives. 

§ 3612. Other State and Federal Program 

Requirements. 

Article 2. Definitions 158.16(g) 

§ 3615. Definitions. (In Alphabetical Order) 

Article 3. State Project Priority 

System 158.16(h) 

§ 3618. Development of Regional Board 

Project Priority Lists. 
Development of Statewide Project 
Priority List. 

Amendment of Statewide Project 
Priority List. 
Priority Classes. 
Project Ranking. 
Restrictions and Adjustments. 
Management of the Priority List 
Project Removal and Changes. 
Direcfion to Prepare a Plan of 
Study. 

Article 4. Grant Applications 158.17 

§ 3630. Step 1: Facilities Planning. 

§ 3631. Step 2: Preparation of Construction 

Plans and Specifications. 
§ 3632. Step 3: Construction of Treatment 

Works. 



§ 3619. 

§ 3620. 

§3621. 
§ 3622. 
§ 3623. 
§ 3624. 
§ 3625. 
§ 3626. 



Article 5. Requirements and Limitations 

of Treatment Works 

§ 3635. Capacity Requirements. 

§ 3636. Capacity Funding Limitations. 

§ 3637. Treatment Limitations. 



158.17 



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Page 

§ 3638. Reclamation Outfall Limitations. 

Article 6. Grants Contracts and 

Modifications, Payments, 

and Grantee 

Responsibilities 158.17 



Article 7. 



Article 8, 



Article 9, 



Chapter 26. 



§ 3642. 


State Grant Contract. 




§ 3643. 
§ 3644. 


Project Changes. 

Amendment of Grant Contracts. 




§ 3645. 
§ 3646. 


Grant Payments. 
Accounting. 




§ 3647. 
§ 3648. 
§ 3649. 
§ 3650. 
§3651. 


Grantee Responsibility. 
Operation and Maintenance. 
Reservation by State Board. 
Application of Regulations. 
Interpretation of Regulations. 

Review of Action by the 






Division 


158 18 


§ 3655. 


Final Decision of the Division. 




§ 3656. 


Petition for Review by the State 
Board. 




§ 3657. 


Defective Petitions. 




§ 3658. 


Action by State Board. 






Waivers 


. 158.18 


§ 3659. 


Waivers. 
Eligible State-Assisted 






Projects 


158 18 


§ 3663. 


Funding. 





Classification of Wastewater 
Treatment Plants and Operator 
Certification 



158.18 



Article 1. 



§ 3670. 
§ 3670.1. 



§ 3670.2. 



§ 3671. 



Article 2. 



§ 3675. 
§ 3676. 



Article 3. 



§ 3680. 



General Provisions 158.18 

Purpose. 

Certification Requirements for 

Operation of Wastewater Treatment 

Plants. 

Certification Requirement for 

Operation of Water Recycling 

Treatment Plants. 

Definitions. 

Classification of Wastewater 

Treatment Plants and Agency 

Reporting Requirements 158.20 

Classification of Wastewater and 
Water Recycling Treatment Plants. 
Reporting Requirements by 
Agencies to the Division. 

Grades of Operator 

Certification for the 

Operation of Wastewater 

Treatment Plants 158.20 

Grades of Operator Certification. 



Article 4. 



§ 3683. 

§ 3684. 
§ 3685. 
§ 3686. 
§ 3687. 
§ 3688. 

§ 3689. 
S 3690. 
§ 3691. 
§ 3692. 
§3692.1 



Minimum Qualifications 

Education and Experience 

Requirements. 

Experience Credits. 

Educational Points. 

High School Equivalence. 

Fees. 

Issuance and Renewal of 

Certificates. 

Posting of Certificate. 

Reciprocity with Other States. 

Certificate Revocation. 

Protests and Appeals. 

Limitation on Time for Appeal. 



158.20 



Page 

§ 3692.2. Action by Division. 

§ 3692.3. Petition for Review by State Board. 

§ 3692.4. Defective Petitions. 

§ 3692.5. Recommendation by Chief of the 

Division. 
§ 3692.6. Action by State Board. 

Article 5. Examination and 

Certification of Wastewater 

Treatment Plant Operators 158.22 

§ 3700. Application for Examination. 

§ 3701. Examinations. 

§ 3702. Application for Certification. 

§ 3702. 1 . Issuance of Certificates. 

§ 3702.2. Application for Certificate Renewal. 

§ 3702.3. Issuance of Renewal Certificate. 

§ 3702.4. Reinstatement. 

§ 3702.5. Replacement. 

§ 3703. Posting Certificates. 

§ 3704. Reciprocity with Other States. 

§ 3705. Advisory Committee. 

Article 6. Operators-in-Training 158.25 

§ 3707. Employment of an 

Operator-in-Training. 
§ 3708. Application for 

Operator-in-Training Examination 

and Certification. 
§ 3709. Issuance. Renewal, and 

Replacement of 

Operator-in-Training Certificates. 

Article 7. Prohibited Acts, 

Disciplinary Action, and 

Appeal Process 158.26 

§ 3710. Grounds for Discipline. 

§3711. Appeals. 

§3712. Action by Division. 

§ 3713. Petition for Review by Board. 

§ 3714. Defective Pefitions. 

§ 3715. Action by Board. 

§3716. Appeal of Division Processing 

Times. 

Article 8. Fees 158.27 

§ 3717. Operator and Operator-In-Training 

Fees. 

Article 9. Advisory Committee 158.27 

§ 3718. Advisory Committee Membership 

and Responsibilities. 

Article 10. Wastewater Treatment Plant 

Contract Operators 158.28 

§ 3719. Registration Requirement. 

§ 3719.10. Term of Registration. 

§ 3719.11. Application for Registration. 

§ 3719.12. Issuance/Content of Certificate of 

Registration. 
§3719.13. Renewal of Registration. 

§ 3719.14. Issuance/Content of Renewed 

Certification of Registration. 
§ 37 19. 15. Replacement of Certificate of 

Registration. 
§ 3719.16. Posting the Certificate of 

Registration. 
§ 3719.17. Prohibited Acts and Disciplinary 

Action. 
§3719.18. Appeals. 

§ 3719.19. Wastewater Treatment Plant 

Contract Operator Registration 

Fees. 

Chapter 27. Regulations for Imipicmenlalion 
of the Environmental Quality 
Act of 1970 158.29 



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Article 1 . General 158.29 

§ 3720. Purpose. 

§3721. Definitions. 

§ 3722. Compliance with Time Limitations. 

§ 3723. Master Environmental As.sessment. 

Article 2. Exemptions 158.30 

§ 3730. Ministerial Project Exemption. 

§ 3733. Waste Discharge Requirements 

Under Water Code Chapter 5.5. 

Article 3. Applications for Waste 

Discharge, Water 
Reclamation Requirements, 
or Other Entitlements lor 

Use 158.30 

§ 3740. Submission of Information. 

§ 3741 . Additional Information 

Requirements. 
§ 3742. Denial or Limitation of 

Requirements. 

Article 4. Applications for Funding 158.31 

§ 3750. Submission of Information. 

§ 3751 . Limitation of Funding 

Article 5. Processing of Environmental 

Documents 158.33 

§ 3760. Time Limits in Action by 

Responsible Agency. 
§ 3761 . Determination As to Completeness 

of Application. 
§ 3762. Availability of Environmental 

Documents. 
§ 3763. Public Participation and Hearings. 

§ 3764. Charges for Preparation of 

Environmental Documents. 

Article 6. Exempt Regulatory Programs 158.33 

§ 3775. Applicability. 

§ 3776. Documentation Required for 

Issuance of a Permit, License. 

Certificate, or Other Entitlement for 

Use. 
§ 3777. Documentation Required for 

Adoption or Approval of Standards, 

Rules, Regulations, or Plans. 
§ 3778. Consultation. 

§ 3779. Response to Comments. 

§ 3780. Approval. 

§3781. Notice of Decision. 

§ 3782. Exempt Regulatory Programs. 

Appendix A 158.34 

Appendix B 158.35 

Appendix C 158.35 

Chapter 28. Certifications 158.36 

Article 1. General Provisions 158.36 

§ 3830. Purpose and Review of Regulations. 

§3831. Definitions. 

§ 3832. Number of Copies. 

§ 3833. Application Fees and Refunds. 

§ 3833. 1 . Annual Fees for FERC Licensed 

Hydroelectric Projects. 
§ 3834. Amendments to Applications. 

§ 3835. Complete, Incomplete, and Valid 

Applications. 
§ 3836. Additional Information. 

§ 3837. Denial of Certification. 

§ 3838. Authority of Executive Director, 

Executive Officers, and Regional 

Boards. 

Article 2. Tax Certifications 158.39 



§3841. 



Application Forms; Comphance 
with Federal Regulations. 



Article 3, 



Article 4. 



Article 5. 



§ 3842. 


Filing of Application. 


§ 3843. 


Reports of Waste Discharge. 


§ 3844. 


Regional Board Action. 


§ 3845. 


Issuance of Certification. 




Small Business 




Certifications 


§ 3848. 


Federal Regulations; Delegaticn. 


§ 3849. 


Filing of Applications. 


§ 3850. 


Content of Applications. 


§3851. 


Review and Issuance of 




Certifications. 


§ 3852. 


Utilization of Certification. 




Water Quality Certification 


§ 3855. 


Filing of Application. 


§ 3856. 


Contents of a Complete 




Application. 


§ 3857. 


Waste Discharge Requirements. 


§ 3858. 


Public Notice and Hearings. 


§ 3859. 


Action on an Application. 


§ 3860. 


Standard Conditions. 


§3861. 


Water Quality Certification for 




Classes of Acfivities. 




Pollution Control 




Certifications 



158.39 



158.40 



§ 3862. 
§ 3863. 
§ 3864. 



Article 6. 



§ 3867. 

§3867.1. 
§ 3868. 
§ 3869. 



158.42 
Filing of Applications. 
Contents of Application. 
Review of Applications, Issuance of 
Certifications. 

Petitions to State Board 158.42 

Petitions for State Board 

Reconsideration. 

Response to Complete Petitions. 

Defective Petitions. 

Action on a Petition. 



Chapter 29. Contracting with Private 
Architectural, Landscape 
Architectural, Engineering, 
Environmental, Land Surveying, 
or Construction Project 
Management Firms 



158.43 



§ 3870. 
§3871. 
§ 3872. 
§ 3873. 
§ 3874. 
§ 3875. 
§ 3876. 
§ 3877. 
§ 3878. 
§ 3879. 
§ 3880. 



Definitions. 

Establishment of Criteria. 
Announcement. 
Selection of Qualified Firms. 
Estimate of Value of Services. 
Contract Negotiation. 
Statewide Participation Goals. 
Contract Amendments. 
Contracting in Phases. 
Prohibited Practices. 
Application of Chapter. 



Chapter 30. 



Article 1. 



Article 2. 



Electronic Submittal of 
Information 



158.46 



3890. 



§3891. 
§ 3892. 
§ 3893. 
§ 3894. 

§ 3895. 



General Provisions 158.46 

General Intent, Content, and 
Applicability of Regulations. 

Electronic Submittal of 

Information 158.46 

Definifion of Terms. 

Reports. 

Electronic Submittal of Reports. 

Timing of Electronic Reporting 

Requirements. 

Submittal of Alternate Forms of 

Reports. 



Page xii 



(7-11-2008) 



Title 23 



State Water Resources Control Board 



§ 644.4 



Division 3. State Water Resources Control 

Board and Regional Water Quality Control 

Boards 



Chapter 1. General Provisions 
Article 1. Definitions 

§ 640. Definitions. 

(a) "Board" when used in this chapter and chapter 1.5. unless other- 
wise designated, means either the State Water Resources Control Board 
or any California Regional Water Quality Control Board. 

(b) "State Board" when used in this chapter and chapter 1.5 means the 
State Water Resources Control Board. 

(c) "Regional Board" when used in this division means any California 
Regional Water Quality Control Board. 

Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 
13203, Water Code. 

History 

1 . Renumbering of Subchapter 1 (from Sections 600-649, not consecutive, to Sub- 
chapter 1, Sections 640-645.9, not consecutive — see Cross Referencing Table 
preceding Detailed Analysis filed 5-23-79 as procedural and organizational; 
effective upon filing (Register 79, No. 21). 

2. Amendment filed 8-6-81; effective thirtieth day thereafter (Register 81, No. 

32). 

3. Amendment of division heading and repealer and new section filed 3-26-98 as 
an interim regulation pursuant to Government Code section 1 1400.20; opera- 
tive 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98 unless 
earlier amended or repealed. 

4. Pursuant to Government Code section 1 1400.20(b)(2), interim regulations ex- 
tended to 3-31-99 by filing of pennanent regulations with OAL on 1 1-25-98. 
Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted 
by the State Water Resources Control Board on 3-1 0-99; and filed with the Sec- 
retary of State on 3-31-99, effective upon filing (Register 99, No. 14). 



Article 2. Purpose, Use and Effect of 
Regulations 

§ 641 . Purpose. 

The regulations contained in this chapter are adopted for the purpose 
of implementing and carrying out provisions of Parts 1 , 2, 3, 5 and 5. 1 
of Division 2, Part 2 of Division 6, Division 7 and Division 7.5 of the Wa- 
ter Code. 

Note-. Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 
185 and 1058, Water Code. 

History 

1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 

5). 

2. Amendment filed 12-7-67 as organizational and procedural; effective upon fil- 
ing (Register 67, No. 49). 

3. Amendment filed 8-6-81; effective thirtieth day thereafter (Register 81, No. 

32). 

§641.1. Use and Effect. 

Note: Authority and reference cited: Section 1058, Water Code. 

History 

1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 
5). 

2. Repealer filed 8-6-81 ; effective thirtieth day thereafter (Register 81, No. 32). 



Article 4. Meeting Notice and Agenda 
Requirements 

NOTE: Authority cited: Section 1058. Water Code. Reference: Section 1 1 125. 
Government Code. 

History 
1 . New Article 4 (Sections 620-623) filed 3-8-74; effective thirtieth day thereaf- 
ter (Register 74, No. 10). 

2.RepealerofArticle4(Sections643-643.3) filed 12- 1-80: effective thirtieth day 
thereafter (Register 80, No. 49). 



Article 3. Official Records 

NOTH: Authority and reference cited: Section 1058, Water Code. 

History 
1. Repealer of Article 3 (Sections 642 and 642.1) filed 8-6-81 ; effective thirtieth 
day thereafter (Register 81, No. 32). For prior history, see Register 60, No. 5. 



Article 5. Conflict of Interest 

§ 644. State Board Membership. 

Pursuant to Water Code Section 13388, no person shall he a member 
of the State Board if he receives or has received during the previous two 
years a significant portion of his income directly or indirectly from any 
person subject to waste discharge requirements or an applicant for waste 
discharge requirements under the provisions of Chapter 5.5, Division 7, 
California Water Code (NPDES permits). 

NOTE: Authority cited: Section 1058, Water Code. Reli-rence: Section 11125, 
Government Code. 

History 
1 . New Article 5 (Sections 625-631 ) filed 5-22-75; effective thirtieth day thereaf- 
ter (Register 75, No. 21). 

§ 644.1 . Regional Water Quality Control Board 
Membership. 

Pursuant to Water Code Section 13388, no person shall be a member 
of a Regional Board if he receives or has received during the previous two 
years a significant portion of his income directly or indirectly from any 
person subject to waste discharge requirements or an applicant for waste 
discharge requirements under the provisions of Chapter 5.5, Division 7. 
California Water Code (NPDES permits). 

NOTE: Authority cited: Sections 1058, 13370 and 13371, Water Code. Reference: 
Sections 13388, Water Code; and Clean Water Act Section 304(i)(2)(D), 3.3 IJSC 
Section 1314(i)(2)(D) and 40 CHI Section 123.25(c)(l)(i), (ii), (iii), (iv) and 
(c)(2). 

History 
1. New NOTE filed 10-1-85; effecti\e thirtieth day thereafter (Register 85, No. 

40). 

§ 644.2. Significant Portion of Income. 

The term "significant portion of his income" shall mean ten percent of 
gross personal income for a calendar year except that it shall mean 50 per- 
cent of gross personal income for a calendar year if the recipient is over 
60 years of age and is receiving such portion pursuant to retirement, pen- 
sion or similar arrangement. 

NOTE: Authority cited: Sections 1058, 13370and 13371, Water Code. Reference: 
Sections 13388, Water Code; and Clean Water Act Section 304(i)(2)(D). 33 USC 
Section 13 14(i)(2)(D) and 40 CHi Section 123.25(c)(l)(ii). 

History 
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 

40). 

§ 644.3. Persons Subject to Requirements and Applicant. 

The terms "persons subject to waste discharge requirements" and 
"applicant for waste discharge requirements" shall apply only to persons 
regulated under Chapter 5.5, Division 7, California Water Code (NPDES 
permits) but shall not include any department or agency of the state gov- 
ernment including the University of California and the State University 
and Colleges. 

NOTE: Authority cited: Sections 1058, 1.3370and 13371. Water Code. Reference: 
Sections 13388, Water Code; and Clean Water Act Section 304(i)(2)(D), 33 USC 
Section 1314(i)(2)(D) and 40 CFR Section 123.25(c)(l )(iii). 

History 

1. New NOTE filed 10-1-85; effective thirtieth dav thereafter (Register 85, No. 
40). 

§ 644.4. Income. 

The word "income" includes, but is not limited to, retirement benefits, 
consultant fees, and stock dividends. 



Page 41 



Register 2007, No. 18; 5-4-2007 



§ 644.5 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



NOTK: Authority cited: Sections 1 058, 1 3370 and 1 337 1 , Water Code. Reference: 
Sections 1 3388. Water Code: and Clean Water Act Section 304(i)(2)(D), 33 USC 
Section 1314(i)(2)(D) and 40 CFR Section 123.25(c)( 1 )(iv). 

History 
1. New NOTK filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 
40). 

§ 644.5. Direct or Indirect Income. 

Income is not received "directly or indirectly" which is derived from 
mutual fund payments, or from other investments which are so diversi- 
fied that the recipient does not know the identity of the primary sources 
of income. 

NOTE; Authority cited: Sections 1058. 13370and 13371, Water Code. Reference: 
Sections 1 3388. Water Code; and Clean Water Act Section 304(i)(2)(D), 33 USC 
Section 1314(i)(2)(D) and 40 CFR Section 123.25(c)(2). 

History 
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85. No. 
40). 

§ 644.6. Board Member's Statement of Employment. 

By July 15, 1 975, and by April 30 ofeach year thereafter, each member 
of the State Board and each memberof a Regional Water Quality Control 
Board shall file with the Executive Director of the State Board a state- 
ment under penalty of perjury containing the following information: 

(a) The names of any persons who are applicants for waste discharge 
requirements, or who are subject to waste discharge requirements, from 
which the Board member has received any income. 

(b) If the total of income from persons listed under (a) is in excess of 
ten percent of his gross personal income for the current year or for either 
of the two previous calendar years. 

(c) If the Board member is over 60 years of age, whether the total of 
income from persons listed under (a) from retirement, pension or similar 
arrangement is in excess of 50 percent of his gross personal income for 
the current year or for either of the two previous calendar years. 
Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 
111 25, Government Code, Section 13388, Water Code. 

History 

1. Amendment filed 8-6-81; effective thirtieth day thereafter (Recister 81, No. 

32). ^ 

Article 6. State Water Resources Control 
Board — Conflict of Interest Code 

NOTE: It having been found, pursuant to Government Code Sec- 
tion 1 1409(a). that the printing of the regulations constituting the Con- 
flict of Interest Code is impractical and these regulations being of limited 
and particular application, these regulations are not published in full in 
the California Code of Regulations. The regulations are available to the 
public for review or purchase at cost at the following locations: 

STATE water RESOURCES CONTROL BOAKD 
PERSONNta. OFITCER 

1001 1 stri-:i-;t. isth h.oor 

P.O. BOX 100 [9.5812-0100] 
SACRAMENTO, CAITFORNIA, 95X14 

FAIR POLITICAL PRACTICES COMMISSION 
428 J STREET. SUITE 620 
SACRAMENTO. CALIFORNIA 95814 

ARCHIVES 

SECRETARY OF STATE 

1020 O STREET 

SACRAMENTO. CALIFORNIA 95814 

The Conflict of Interest Code is designated as Article 6, Chapter 1 , Di- 
vision 3 of Title 23 of the California Code of Regulations and consists of 
sections numbered and titled as follows: 



Article 6 
est Code 
Section 
645. 



State Water Resources Control Board — Conllicl of Inter- 



General Provisions 

Appendix 
NOTE: Authority cited: Sections 87300 and 87304. Government Code. Reference: 
Section 87300 et seq.. Government Code. 

History 

1 . New article 6 (sections 640-649) filed 2-14-78; effective thirtieth day thereaf- 
ter. Approved by Fair Political Practices Commission 6-8-77 ( Register 78. No. 
7). 

2. Amendment filed 1 1-2-79; effective thirtieth day thereafter. Approved by Fair 
Political Practices Commission 6-5-79 (Register 79. No. 44). 

3. Repealer of article 6 (sections 645-645.9) and new article 6 (section 645 and 
Appendix) filed 2-26-81 ; effective thirtieth day thereafter. Approved by Fair 
Political Practices Commission 1-12-81 (Register 81. No. 9). 

4. Amendment of Appendix filed 2-24-93; operative 3-26-93. Approved by Fair 
Political Pracfices Commission 1 1-13-92 (Register 93. No. 9). 

5. Editorial coiTection of printing errors updating addresses (Register 94. No. 3). 

6. Amendment of addresses and Appendix filed 2-14-94; operative 3-16-94. 
Submitted to OAL for printing only. Approved by Fair Political Practices Com- 
mission 12-28-93 (Register 94. No. 7). 

7. Amendment of general provisions, addresses and Appendix filec 1-9-96; op- 
erative 2-8-96. Submitted to OAL for printing only. Approved by Fair Political 
Practices Commission 10-31-95 (Register 96, No. 2). 

8. Amendment of Appendix filed 12-9-97; operative 1-8-98. Appi'oved by Fair 
Political Practices Commission 10-31-97 (Register 97, No. 50). 

9. Amendment of Appendix filed 12-31-99; operative 1-30-2000. Approved by 
Fair Political Practices Commission 1 1-5-99 (Register 99, No. 53). 

10. Amendment of section and Appendix filed 4-17-2002; operative 5-17-2002. 
Approved by Fair Political Practices Commission 2-8-2002. For prior history 
of former article 7 (section 645), "'Verification of Alien Eligibilit^'," see Regis- 
ters 2000, No. 5; 99, No. 2; 98, No. 37 and 98, No. 20 (Register 2002, No. 16). 

1 1 . Change without regulatory effect ainending address filed 9-25-2002 pursuant 
to section 100, title 1, Cahfomia Code of Regulations (Register 2002. No. .39). 

12. Amendment of Appendix filed 5-17-2005; operative 6-16-2005. Approved 
by Fair Political Practices Commission 3-8-2005 (Register 2005, No. 20). 

13. Amendment of Appendix filed 5-1-2007; operative 5-31-2007. Approved by 
Fair Political Practices Commission 2-26-2007 (Register 2007, No. 18). 



Chapter 1.5. Rules of Practice and 
Procedure 



Article 1 . Meetings 

§ 647. Purpose. 

Provisions of this article are intended to govern procedures of the State 
Water Resources Control Board (State Board) and the Regional Water 
Quality Control Board (Regional Boards) in public meetings of the State 
and Regional Boards. This subchapter is intended to establish minimum 
requirements of practice and procedure. It is a supplement to the require- 
ments of Article 9 (commencing with Section 1 1 120), Chapter 1, Part 1, 
Division 3 of the Government Code, also known as the Bagley Act. To 
the extent that other sections of this chapter establish more detailed and 
specific procedures, those sections shall apply. Unless otherwise speci- 
fied, use of the word "Board" in this subchapter shall mean both the State 
Board and the Regional Boards. 

NOTE: Authority cited: Sections 185 and 1058. Water Code. Reference: Sections 
1 1 120, et seq.. Government Code. 

History 
1. New Subchapter 1.5 (Articles 1-4, Sections 647-649.6). 

§647.1. Scheduling. 

State and Regional Boards shall meet at least six times a year. Addi- 
tional meetings may be held at any time. 

NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 
11 120, et seq.. Government Code. 



Page 42 



Register 2007, No. 18; 5-4-2007 



Title 23 



State Water Resources Control Board 



^64H 



§ 647.2. Notice and Agenda Requirements. 

(a) Purpose. Government Code Section 1 1 125 requires state agencies 
to provide notice at least one week in advance of any meeting to any per- 
son who requests such notice in writing except that emergency meetings 
may be held with less than one week's notice when such meetings are 
necessary to discuss unforeseen emergency conditions as defined by 
published rule of the agency. The purpose of this section is to establish 
procedures for compliance with Government Code Section 1 11 25 by the 
State Board and the Regional Boards. 

(b) Contents of Meeting Notice. The notice for all meetings of the State 
Board and Regional Boards shall specify the date, time and location of 
the meeting and include an agenda listing all items to be considered. The 
agenda shall include a description of each item, including any proposed 
action to be taken. 

(c) Time of Notice. Notice shall be given at least one week in advance 
of the meeting. When the notice is mailed, it shall be placed in the mail 
at least eight days in advance of the meeting. 

(d) Emergency Conditions. The provisions of this section do not apply 
when an item must be considered or a meeting held because of unfore- 
seen emergency conditions. Unforeseen emergency conditions exist 
when there have been unexpected circumstances requiring immediate 
action by the State Board or Regional Boards to regulate the water re- 
sources of the state so as to protect the public health, welfare, or safety. 
It is not necessary that the emergency conditions be such that they could 
not have been anticipated or prepared for but only that in the normal 
course of events they would seldom be expected. Notice of such consid- 
eration or meeting shall be given by mail, telephone, telegram, or other 
available means to persons known to be interested in the matter. 

(e) Distribution. Notice shall be given to all persons directly affected 
by proceedings on the agenda and to all persons who request in writing 
such notice. Notice shall be given to any person known to be interested 
in proceedings on the agenda. 

(f) Uncontested Items Calendar. The agenda may include an item des- 
ignated "the uncontested items calendar." 

( 1 ) The uncontested items calendar shall include only those matters for 
which there appears to be no controversy. 

(2) At the request of any Board member or other interested person, any 
matter shall be removed from the uncontested items calendar and may be 
considered at the same meeting as a separate item of business. 

(3) Late revisions and/or corrections to items on the uncontested items 
calendar shall be specified for inclusion prior to considering a vote on the 
uncontested items calendar. If such revisions constitute a significant 
change in the proposed action on any item, action shall be deferred until 
a later meeting of the Board. 

(4) After an opportunity for requests to remove any matters from the 
uncontested items calendar has been given, a vote shall be taken on the 
uncontested items calendar. Upon a vote to approve the uncontested 
items calendar, each matter on the uncontested items calendar shall be 
approved and shall have the same force and effect as it would have if ap- 
proved as a separate agenda item. 

NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 
1 11 25, Government Code. 

§ 647.3. Public Comments. 

(a) Any person may submit comments in writing on any agenda item. 
Any person submitting such comments shall provide the Board with a 
copy of the comments in advance of the meeting at which it is to be con- 
sidered. Such comments may be inspected by any interested person. 

(b) Persons present shall be given an opportunity to make relevant oral 
comments on any agenda item; provided, however, that the Chairperson 
or other presiding member may limit or preclude such comments as nec- 
essary for the orderly conduct of business. The provisions of this section 
are limited to meetings and shall not apply to adjudicatory hearings as de- 
fined and provided for in Article 2. 

NoTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 
1 1 120, et seq.. Government Code. 



§ 647.4. Recording of Meetings. 

(a) State and Regional Board public meetings shall be recorded by 
stenographic reporter or electronic recording or both. Such recc^rdings 
shall be available for public review and copying at the appropriate State 
or Regional Board office. 

(b) The cost of copying the record of any meeting shall be borne by the 
requester. Staffing needs may require that copying be performed at 
another location by persons other than the staff of the Board. 

(c) The recordings shall be retained for the period of time required by 
applicable law governing the retention of records of state agency public 
proceedings, or until conclusion of administrative or judicial proceed- 
ings, whichever is later. 

NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 
1 1 120, et seq.. Government Code. 

§ 647.5. Minutes of Meetings. 

(a) The State and Regional Boards shall keep minutes of their meet- 
ings. 

(b) Minutes shall be approved by each Board. 

(c) Approved minutes shall be the official record of actions taken at 
any meeting. 

NOTE: Authority cited: Sections 1 85 and 1058, Water Code. Reference: Sections 
1 1 120, et seq.. Government Code. 

Article 2. Adjudicative Proceedings 

§ 648. Laws Governing Adjudicative Proceedings. 

(a) For purposes of this article, "adjudicative proceeding" means an 
evidentiary hearing for determination of facts pursuant to which the State 
Board or a Regional Board formulates and issues a decision. 

(b) Incorporation of Applicable Statutes. Except as otherwise pro- 
vided, all adjudicative proceedings before the State Board, the Regional 
Boards, or hearing officers or panels appointed by any of those Boards 
shall be governed by these regulations, chapter 4.5 of the Administrative 
Procedure Act (commencing with secfion 11400 of the Government 
Code), sections 801-805 of the Evidence Code, and secfion 11513 of the 
Government Code. 

(c) Portions of Administrative Procedure Act Not Applicable. The fol- 
lowing articles and sections of chapter 4.5 of the Administrative Proce- 
dure Act (commencing with secfion 1 1400 of the Government Code) are 
specifically not included in the procedures governing the conduct of 
hearings before the State Board, any of the Regional Boards, or hearing 
officers or panels appointed by those Boards: 

Article 8. Language Assistance (except that the procedures for lan- 
guage assistance shall apply to an adjudicative proceeding pursuant to 
Article 6 [commencing with secfion 25299.50] of Chapter 6.75 of Divi- 
sion 20 of the Health and Safety Code) 

Article 13. Emergency Decision 

Article 1 4. Declaratory Decision 

Article 16. Administrafive Adjudication Code of Ethics 

Except as provided in subdivision (b) of this section, chapter 5 of the 
Administrafive Procedure Act (commencing with secfion 11500 of the 
Government Code) does not apply to hearings before the State Board, 
any of the Regional Boards, or hearing officers or panels appointed by 
those Boards. 

(d) Waiver of Nonstatutory Requirements. The presiding officer may 
waive any requirements in these regulations pertaining to the conduct of 
adjudicative proceedings including but not limited to the introduction of 
evidence, the order of proceeding, the examination or cross-examination 
of witnesses, and the presentafion of argument, so long as those require- 
ments are not mandated by state or federal statute or by the state or federal 
consfitutions. 

NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 
183, 13263 and 13378, Water Code. 

History 
1 . Amendment of article 2 heading and repealer and new section filed 3-26 98 as 
an interim regulation pursuant to Govemmcnt Code section 1 1400.20; opera- 



Page 43 



Register 2003, No. 14; 4-4-2003 



§ 648.1 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 23 



live 3-26-98 (Register98, No. 13). Interim regulations expire 12-31-98 unless 
earlier amended or repealed. 

2. Pursuant to Govemment Code section 1 1400.20(b)(2). interim regulations ex- 
tended to 3-31-99 by filing of permanent regulations with OAL on 1 1-25-98. 
Adoption of permanent regulations disapproved by OAL 1 -1 2-99; resubmitted 
by the State Water Resources Control Board on 3- 1 0-99; and filed with the Sec- 
retary of State on 3-31-99, effective upon filing (Register 99, No. 14). 

3. Amendment of subsection (c) filed 4-1-2003; operative 5-1-2003 (Register 
2003. No. 14). 



§ 648.1 . Parties and Other Interested Persons. 

(a) The party or parties to an adjudicative proceeding before the Board 
shall include the person or persons to whom the agency action is directed 
and any other person whom the Board determines should be designated 
as a party. The hearing notice may specify a procedure for designation 
of the parties to a particular adjudicative proceeding. 

(b) In a water right proceeding, the party or parties shall include the 
water right applicant or petitioner, persons who have filed unresolved 
protests, persons who have filed unresolved objections to a temporary 
change petition, persons who have filed an unresolved written complaint 
with the Board concerning the subject matter of the hearing, and any oth- 
er persons who are designated as parties in accordance with the proce- 
dure specified in the hearing notice. 

(c) Persons who fail to comply with the procedural requirements speci- 
fied in the hearing notice for participation as parties in a proceeding may 
be dismissed as parties to the proceeding. 

(d) The Board or presiding officer may provide an opportunity for pre- 
sentation of policy statements or comments, either orally or in writing, 
by interested persons who are not participating as parties in the proceed- 
ing. Persons presenting nonevidentiary policy statements will not be sub- 
ject to cross-examination but may be asked to respond to clarifying ques- 
tions from the Board, staff, or others, at the discretion of the Board or 
presiding officer. The criteria and procedures applicable to participation 
in a Board adjudicative proceeding as an interested person may be estab- 
lished in the hearing notice or by the presiding officer. Interested persons 
will not normally be required to serve copies of their statements on the 
parties to the proceeding nor will they normally be allowed to participate 
in cross-examination. The hearing nofice may require that any written 
policy statements proposed to be submitted to the Board, be submitted 
prior to the hearing. If the requirement for prior submittal of policy state- 
ments applies to persons who address the Board or a subcommittee of the 
Board at a meeting subject to the Bagley-Keene Open Meeting Act (ar- 
ticle 9 [commencing with section 11110] of chapter 1 of ardcle 1 of divi- 
sion 3 of title 2 of the Govemment Code), the requirement should be in- 
cluded in the notice of the meeting. Interested persons are not entitled to 
receive service of exhibits, testimony, or other documents served on the 
parties to the proceeding unless specifically so provided in the hearing 
notice or by the presiding officer. 

NOTH: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 
183, 13263, and 13378, Water Code. 

History 

1. Repealer and new section filed 3-26-98 as an interim regulation pursuant to 
Govemment Code section 1 1400.20; operative 3-26-98 (Register 98, No. 13). 
Interim regulations expire 12-31-98 unless earlier amended or repealed. 

2. Pursuant to Govemment Code section 1 1400.20(b)(2), interim regulations ex- 
tended to 3-3 1-99 by filing of permanent regulations with OAL on 1 1-25-98. 
Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted 
by the State Water Resources Control Board on 3-1 0-99; and filed with the Sec- 
retary of State on 3-31-99, effective upon filing (Register 99, No. 14). 

§ 648.2. Official Notice. 

The Board or presiding officer may take official notice of such facts 
as may be judicially noticed by the courts of this state. Upon notice to the 
parties, official notice may also be taken of any generally accepted tech- 
nical or scientific matter within the Board's field of expertise, provided 
parties appearing at the hearing shall be informed of the matters to be not- 
iced. The Board or presiding officer shall specify the matters of which 
official notice is to be taken. ParUes shall be given a reasonable opportu- 



nity on request to refute officially noticed technical or scientific matters 
in a manner to be determined by the Board or presiding officer. 

NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 
183, 13263 and 13378, Water Code. 

History 

1 . Repealer and new section filed 3-26-98 as an interim regulation pursuant to 
Govemment Code section 1 1400.20; operative 3-26-98 (Register 98, No. 13). 
Interiin regulations expire 12-31-98 unless eailier amended or repealed. 

2. Pursuant to Governinent Code section 1 1400.20(b)(2), interim regulations ex- 
tended to 3-31-99 by filing of permanent regulations with OAL on 1 1-25-98. 
Adoption of permanent regulations disapproved by OAL 1-12-99: resubmitted 
by the State Water Resources Control Board on 3-1 0-99; and filed with the Sec- 
retaiy of State on 3-31-99. effective upon filing (Register 99, No. 14). 

§ 648.3. Evidence by Reference. 

Public records of the Board that are relevant to the subject of the hear- 
ing, and books, reports, and other evidence that have been prepared and 
published by a public agency, if otherwise admis.sible, may in the discre- 
tion of the Board be received in evidence as exhibits by reference without 
the necessity of supplying copies to the Board and other parties, provided 
the original or a copy is in the possession of the Board and the specific 
file folder or other exact location where it can be found is identified. The 
party offering an exhibit by reference shall designate the parlicular por- 
tions on which the party relies. Each exhibit shall be appropriately identi- 
fied and designated in the record as an exhibit of the party offering the 
exhibit or an exhibit of Board staff. 

NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 
183, 13263 and 13378, Water Code. 

History 

1 . Repealer and new section filed 3-26-98 as an interim regulation pursuant to 
Govemment Code section 1 1400.20: operaUve 3-26-98 (Register 98, No. 13). 
Interim regulations expire 12-31-98 unless earlier amended or repealed. 

2. Pursuant to Government Code section 1 1400.20(b)(2), interim regulations ex- 
tended to 3-31-99 by filing of permanent regulations with OAL on 1 1-25-98. 
Adoption of permanent regulations disapproved by OAL 1-1 2-99; resubmitted 
by the State Water Resources Control Board on 3-1 0-99; and filed v/ith the Sec- 
retary of State on 3-31-99, effective upon filing (Register 99, No. 14). 

§ 648.4. Identification of Witnesses; Presubmission and 
Presentation of Testimony and Exhibits. 

(a) It is the policy of the State and Regional Boards to discourage the 
introducfion of surprise testimony and exhibits. 

(b) The hearing notice may require that all parties intending to present 
evidence at a hearing shall submit the following information to the Board 
prior to the hearing: the name of each witness whom the party intends to 
call at the hearing, the subject of each witness' proposed testimony, the 
estimated time required by the witness to present direct testimony, and 
the qualifications of each expert witness. The required information shall 
be submitted in accordance with the procedure specified in the hearing 
notice. 

(c) The hearing notice may require that direct testimony be submitted 
in writing prior to the hearing. Copies of written testimony and exhibits 
shall be submitted to the Board and to other parfies designated by the 
Board in accordance with provisions of the hearing notice or other writ- 
ten instructions provided by the Board. The hearing notice may require 
multiple copies of written testimony and other exhibits for use by the 
Board and Board staff. Copies of general vicinity maps or large, nontech- 
nical photographs generally will not be required to be submitt(;d prior to 
the hearing. 

(d) Any witness providing written testimony shall appear at the hear- 
ing and affirm that the written testimony is true and correct. Written testi- 
mony shall not be read into the record unless allowed by the presiding 
officer. 

(e) Where any of the provisions of this section have not been complied 
with, the presiding officer may refuse to admit the proposed testimony 
or the proposed exhibit into evidence, and shall refuse to do so where 
there is a showing of prejudice to any party or the Board. This rule may 
be modified where a party demonstrates that compliance would create se- 
vere hardship. 



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5} 648.8 



(0 Rebuttal testimony generally will not be required to be submitted 
in writing, nor will rebuttal testimony and exhibits be required to be sub- 
mitted prior to the start of the hearing. 

Noii;-. Authority cited: Sections 185 and 1058, WaterCode. Reference: Sections 
183. 13263 and 13378, Water Code. 

History 

1. Repealer and new section filed 3-26-98 as an interim regulation pursuant to 
Government Code section 1 1400.20; operative 3-26-98 (Register 98, No. 13). 
Interim regulations expire 12-31-98 unless earlier amended or repealed. 

2. Pursuant to Government Code section 1 1400.20(b)(2), interim regulations ex- 
tended to 3-31-99 by filing of permanent regulations with OAL on 1 1-25-98. 
Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted 
by the State Water Resources Control Board on 3- 1 0-99; and filed with the Sec- 
retary of State on 3-31-99, effective upon filing (Register 99, No. 14). 



§ 648.5. Order of Proceedings. 

(a) Adjudicative proceedings shall be conducted in a manner as the 
Board deems most suitable to the particular case with a view toward se- 
curing relevant information expeditiously without unnecessary delay 
and expense to the parties and to the Board. Adjudicative proceedings 
generally will be conducted in the following order except that the chair- 
person or presiding officer may modify the order for good cause: 

( 1 ) An opening statement by the chairperson, presiding member, or 
hearing officer, summarizing the subject matter and purpose of the hear- 
ing; 

(2) Identification of all persons wishing to participate in the hearing; 

(3) Administration of oath to persons who intend to testify; 

(4) Presentation of any exhibits by staff of the State or Regional Board 
who are assisting the Board or presiding officer; 

(5) Presentation of evidence by the parties; 

(6) Cross-examination of parties' witnesses by other parties and by 
Board staff assisting the Board or presiding officer with the hearing; 

(7) Any permitted redirect and recross-examination; 

(b) Questions from Board members or Board counsel to any party or 
witness, and procedural motions by any party shall be in order at any 
time. Redirect and recross-examination may be permitted. 

(c) If the Board or the presiding officer has determined that policy 
statements may be presented during a particular adjudicative proceeding, 
the presiding officer shall determine an appropriate time for presentation 
of policy statements. 

(d) After conclusion of the presentation of evidence, all parties appear- 
ing at the hearing may be allowed to present a closing statement. 
NOTE: Authority cited: Sections 185 and 1058, WaterCode. Reference: Section 
1 1 126, Government Code. 

History 

1 . Repealer and new section filed 3-26-98 as an interim regulation pursuant to 
Government Code section 1 1400.20; operative 3-26-98 (Register 98, No. 13). 
Interim regulations expire 12-31-98 unless earlier amended or repealed. 

2. Pursuant to Government Code section 1 1400.20(b)(2), interim regulations ex- 
tended to 3-31-99 by filing of permanent regulations with OAL on 1 1-25-98. 
Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted 
by the State Water Resources Control Board on 3-1 0-99; and filed with the Sec- 
retary of State on 3-31-99, effective upon filing (Register 99, No. 14). 

§ 648.5.1 . Rules of Evidence. 

Adjudicative proceedings will be conducted in accordance with the 
provisions and rules of evidence set forth in Government Code section 
11513. Hearsay evidence is admissible subject to the provisions of Gov- 
ernment Code section 11513. 

NotK; Authority cited: Secrions 185 and 1058, WaterCode. Reference: Sections 
183, 13263 and 13378, WaterCode. 

History 

1 . New section filed 3-26-98 as an interim regulation pursuant to Government 
Code section 1 1400.20; operafive 3-26-98 (Register 98, No. 13). Interim regu- 
lations expire 12-31-98 unless earlier amended or repealed. 

2. Pursuant to Government Code section 11400.20(b)(2), interim regulations ex- 
tended to .3-3 1-99 by filing of permanent regulations with OAL on 1 1-25-98. 
Adoption of permanent reguladons disapproved by OAL 1-12-99; resubmitted 
by the State Water Resources Control Board on 3-1 0-99; and filed with the Sec- 
retary of State on 3-31-99, effecfive upon filing (Register 99, No. 14). 



§ 648.6. Alternative Dispute Resolution. 

Pursuant to article 5, commencing with section 1 1420.10, of chapter 
4.5 of the Administrative Procedure Act, the State Board or any Regional 
Board may refer a dispute in a proceeding before it to mediation or non- 
binding arbitration to resolve any adjudicative issues pending before it. 
Under no circumstances may any Board refer an issue to arbitration that 
is binding upon it with respect to adjudicative issues pending before that 
Board. 

Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 
11420.10, Government Code; and Sections 183, 13263 and 13378, WaterCode. 

History 

1 . Repealer and new section filed 3-26-98 as an interim regulation pursuant to 
Government Code section 1 1400.20: operative 3-26-98 (Register 98, No. 13). 
Interim regulations expire 12-31-98 unless earlier amended or repealed. 

2. Pursuant to Government Code section 1 1400.20(b)(2), interim regulalions ex- 
tended to 3-31-99 by filing of permanent regulations with OAL on 1 1 25 98. 
Adoption ofpermanent regulations disapproved by OAL 1-12-99; resubmitted 
by the State Water Resources Control Board on 3-1 0-99; and filed with the Sec- 
retary of State on 3-31-99, effective upon filing (Register 99, No. 14). 

§ 648.7. Informal Hearings. 

Unless the hearing notice specifies otherwise, the presiding officer 
shall have the discretion to determine whether a matter will be heard pur- 
suant to the informal hearing procedures set forth in article 1 0. commenc- 
ing with section 1 1445.20, of chapter 4.5 of the Administrative Proce- 
dure Act. 

Among the factors that should be considered in making this determina- 
tion are: 

The number of parties. 

The number and nature of the written comments received. 

The number of interested persons wishing to present oral comments 
at the hearing. 

The complexity and significance of the issues involved, and 

The need to create a record in the matter. 

An objection by a party, either in writing or at the time of the hearing, 
to the decision to hold an informal hearing shall be resolved by the presid- 
ing officer before going ahead under the informal procedure. Failure to 
make a timely objection to the use of informal hearing procedures before 
those procedures are used will constitute consent to an informal hearing. 
A matter shall not be heard pursuant to an informal hearing procedure 
over fimely objection by the person to whom agency action is directed 
unless an informal hearing is authorized under subdivision (a), (b), or (d) 
of section 1 1445.20 of the Government Code. 

NOTE: Authority cited: Sections 185 and 1058, WaterCode. Reference: Sections 
183, 13263 and 13378, WaterCode. 

History 

1 . Repealer and new secfion filed 3-26-98 as an interim regulation pursuant to 
Government Code section 1 1400.20; operative 3-26-98 (Register 98. No. 13). 
Interim regulations expire 12-31-98 unless earlier amended or repealed. 

2. Pursuant to Government Code section 1 1400.20(b)(2), interim regulations ex- 
tended to 3-31-99 by filing of permanent regulations with OAL on 1 1-25-98. 
Adoption ofpermanent regulations disapproved by OAL 1-12-99; resubmitted 
by the State Water Resources Control Board on 3-1 0-99; and filed with the Sec- 
retary of State on 3-31-99, effective upon filing (Register 99, No. 14). 

§ 648.8. Enforcement Orders and Sanctions. 

(a) The presiding officer or Board shall have the power to impose sanc- 
tions as specified in Sections 1 1455. 10 and 1 1455.30 of the Government 
Code. 

(b) If the Board cites a person for contempt for any of the actions listed 
in Section 1 1455.10 of the Government Code, then the matter shall be 
certified to the superior court for contempt proceedings without further 
review by the Board. If the Board orders payment of costs pursuant to 
Secfion 1 1455.30 of the Government Code, then the order is effective 
upon issuance. 

(c) Board Review of Enforcement Orders and Sanctions Imposed by 
Hearing Officers and Hearing Panels. 

( 1 ) If the presiding officer is a Board member or other hearing officer 
or hearing panel authorized by the Board to conduct the hearing, a cita- 
tion for contempt issued pursuant to Section 1 1455. 1 of the Government 
Code or an order for payment of costs issued pursuant to Section 



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1 1455.30 of the Government Code is subject to review by the Board as 
provided in this subdivision. 

(2) The person or persons subject to the citation or order may request 
a hearing before the Board within 1 days of entry of the citation or order. 
The hearing will take place at the next regularly scheduled meeting of 
that Board, subject to the limitations of the Bagley-Keene Open Meeting 
Act (Article 9 [commencing with Section 1 1 120] of Chapter 1 of Part 1 
of Division 3 of Title 2 of the Government Code). If the Board determines 
that the actions listed in Section 1 1455.10 of the Government Code oc- 
curred, then the matter shall be certified to the superior court for contempt 
proceedings. The Board may affirm, set aside, or modify as appropriate 
an order entered to pay reasonable expenses pursuant to the provisions 
of Section 1 1455.30 of the Government Code. 

(3) If the person or persons subject to a citation or order fails to request 
a hearing before the Board within 1 days of entry of the citation or order, 
then the citation or order is final and subject to enforcement pursuant to 
Sections 1 1455.20 and 1 1455.30 of the Government Code. 

(d) A determination by a Regional Board pursuant to this section is not 
subject to review by the State Board under Water Code Section 13320. 
NOTi:: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 
183, 13263 and 13378, Water Code. 

History 

1. Repealer and new section filed 3-26-98 as an interim regulation pursuant to 
Government Code section 1 1400.20; operative 3-26-98 (Register 98. No. 13). 
Interim regulations expire 12-31-98 unless earlier amended or repealed. 

2. Pursuant to Government Code section 11400.20(b)(2), interim regulations ex- 
tended to 3-31-99 by filing of permanent regulations with OAL on 1 1-25-98. 
Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted 
by the State Water Resources Control Board on 3-1 0-99; and filed with the Sec- 
retary of State on 3-31-99, effective upon filing (Register 99, No. 14). 



Article 3. 



Rulemaking and Informational 
Proceedings 



§ 649. Scope. 

(a) "Rulemaking proceedings" shall include any hearings designed for 
the adoption, amendment, or repeal of any rule, regulation, or standard 
of general application, which implements, interprets or makes specific 
any statute enforced or administered by the State and Regional Boards. 

(b) "Informational proceedings" shall include any hearings designed 
to gather and assess facts, opinions, and other information relevant to any 
matters within the jurisdiction of the Boards and whose primary purposes 
are to assist the Boards in the formulation of policy or guidelines for fu- 
ture Board action; to inform the public of Board policies, reports, orders, 
plans, or findings; and to obtain public comment and opinion with respect 
to such policies, reports, orders, plans, or findings, or to adopt such poli- 
cies, reports, orders plans, or findings. 

NOTE; Authority cited: Sections 185 and 1058, Water Code. Reference: Section 
183, Water Code, and Sections 1 1340 et seq.. Government Code. 

§ 649.1. Rulemaking Proceedings. 

Proceedings to adopt regulations, including notice thereof, shall, as a 
minimum requirement, comply with all applicable requirements estab- 
lished by the Legislature (Government Code Section 1 1 340, et seq.). This 
section is not a limitation on additional notice requirements contained 
elsewhere in this chapter. 

NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 
183, Water Code, and Sections 1 1340 et seq.. Government Code. 

§ 649.2. Notice of Informational Proceedings. 

The notice of informational proceedings shall include: 

( 1 ) A statement of the nature and purpose of the proceedings; 

(2) A statement of the time, date, and place of each proceeding. 
Notice of informational proceedings shall, as a minimum requirement, 

comply with applicable requirements of Section 647.2. This section is 
not a limitation on additional notice requirements contained elsewhere 
in this chapter. 

NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 
183, Water Code, and Sections 1 1340 et seq.. Government Code. 



§ 649.3. Order of Procedure. 

Rulemaking or informational proceedings shall be conducted in the 
following order; provided, however, that the Chairperson or presiding 
member may modify the order for good cause: 

(1) An opening statement by the Chairperson or presiding member 
summarizing the subject matter and purpose of the proceeding. 

(2) Presentation of comments or evidence by the staff of the Regional 
or State Board. 

(3) Presentation of comments or evidence by interested persons. 
NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 
1 83, Water Code, and Sections 1 1340 et seq.. Government Code. 

§ 649.4. Prepared Written Evidence. 

The State or Regional Board may require that prepared vv-ritten testi- 
mony or other evidence be subinitted in advance of any rulemaking or 
informational proceeding for the purpose of the orderly consideration of 
issues at the proceeding. 

NOTE: Authority cited: Sections 185 and 1058. Water Code. Reference: Section 
183, Water Code, and Sections 1 1340 et seq.. Government Code. 

§ 649.5. Questioning. 

Questions from Board members, staff or legal counsel are in order at 
any time. Persons wishing to have prior evidence or comments clarified 
should request the Chairperson, presiding member, or hearing officer, to 
obtain the answer or clarification. The Chairperson, presiding member, 
or hearing officer, may allow additional answers to be given as appropri- 
ate based on, but not limited to, the following considerations: 

(1 ) The need to accommodate all the various interests within the time 
allotted for the proceeding; 

(2) The area of inquiry to be pursued by further questioning; 

(3) The adequacy of questioning already provided in covering the area 
of inquiry; and 

(4) The alternative of permitting the questions to be submitted in writ- 
ing, with such questions and answers becoming part of the record. 
NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 
183, Water Code, and Sections 1 1340 et seq.. Government Code. 

Article 4. Subpoenas 

§ 649.6. Subpoenas. 

(a) Upon its own motion or upon request of any person, the Board may 
issue subpoenas and subpoenas duces tecum for attendance at a proceed- 
ing and for production of documents at any reasonable dme and place or 
at a hearing. 

(b) Article 11 (commencing with section 11450.05) and ardcle 12 
(commencing with section 1 1455.10) of chapter 4.5 of part 1 of division 
3 of title 2 of the Government Code shall apply to the issuance of a sub- 
poena or subpoena duces tecum in an adjudicative proceeding. The 
Board may also compel attendance, testimony, or the production of evi- 
dence as provided in article 3 (commencing with section 1090) of chapter 
3 of part 1 of division 2 of the Water Code. 

(c) Section 1086 of the Water Code does not apply to any witness re- 
quired to attend an adjudicative proceeding pursuant to article 1 1 (com- 
mencing with section 1 1450.05) of chapter 4.5 of part 1 of division 3 of 
title 2 of the Government Code. 

(d) Article 5 (commencing with secfion 1 105) of chapter 3 of part 1 of 
division 2 of the Water Code applies to any person required to testify or 
produce any evidence pursuant to a subpoena or subpoena duces tecum 
or pursuant to a notice issued under section 1 1450.50 of the Government 
Code. 

NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 
1080 and 13221, Water Code. 

History 

1 . Repealer and new section filed 3-26-98 as an interim regulation pursuant to 
Government Code section 1 1400.20; operative 3-26-98 (Register 98, No. 13). 
Interim regulations expire 12-31-98 unless earlier amended or repealed. 

2. Pursuant to Government Code section 1 1400.20(b)(2), interim regulations ex- 
tended to 3-31-99 by filing of permanent regulations with OAL on 1 1-25-98. 
Adoption of permanent regulations disapproved by OAL 1-12-99, resubmitted 



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by ihc State Water Resourees Control Board on 3-1 0-99; and filed with the Sec- 
retary of State on 3-31-99, effective upon filing (Register 99, No. 14). 



Chapter 2. Appropriation of Water 



Article 1. General Provisions 

§ 650. Application for Water. 

Any person who wishes to appropriate unappropriated water pursuant 
to Water Code Section 1 202 shall file an application and comply with the 
provisions of the subchapter. 
NOTK: Authority cited: Section 1038 and 1252, Water Code. Reference: Sections 

1200, 1260 and 1375, Water Code. 

History 

1 . Amendment filed 5-9-74 as procedural and organizational; effective upon fil- 
ing (Register 74, No. 19). For prior history, see Register 60, No. 5. 

2. Renumbering and amendment of former section 650 to section 705 and new sec- 
tion 650 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). 

3. Editorial correction of section (Register 92, No. 21 ). 

§651. Policy. 

In acting on applications, petitions for changes, and petitions for ex- 
tensions of time where reclaimed water is available or water can be re- 
used or reclaimed, the amount of water specified in the appHcation or per- 
mit shall be reduced to the extent and in the quantity that, and so long as, 
the use of reclaimed water or reuse of water is reasonable. 
NOTH: Authority cited: Section 1058, Water Code. Reference: Sections 275, 461 , 
1253 and 1257, Water Code. 

History 

1. New section filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 
5). 

2. Amendment filed 12-7-67 as organizational and procedural; effective upon fil- 
ing (Register 67, No. 49). 

3. Renumbering and amendment of former Section 65 1 to Section 675, and renum- 
bering and amendment of former Section 654.4 to 651 filed 1-16-87; effective 
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 77, 

No. 5. 

§ 652. Application Must Be Accompanied by Minimum 
Filing Fee. 

History 

1. New section filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 
17). 

2. Renumbering from 651 filed 3-10-60; effective thirtieth day thereafter (Regis- 
ter 60, No. 5). 

3. Renumbering and amendment of Section 652 to Section 676 filed 1-16-87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). 

§ 652.5. Application Fees for Small Hydroelectric Projects. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Section 1525.5, 
Water Code. 

History 

1 . New section Schedule 1 filed 6-1 7-83; effective thirtieth day thereafter (Regis- 
ter 83, No. 25). 

2. Renumbering and amendment of former Section 652.5 and Schedule 1 to Sec- 
tion 677 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). 

§ 653. Applications for Water Where an Existing Right Is 
Claimed. 

NOTH: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 

1201, 1202, 1253, 1255 and 1375, Water Code. 

History 

1. New section filed 3-23-73; effective thirtieth day thereafter (Register 73, No. 
12). 

2. Amendment filed 3-1 1-81 ; effective thirtieth day thereafter (Register 81, No. 
11). 

3. Renumbering and amendment of Section 653(a) to Section 695, and renumber- 
ing and amendment of Section 653(b)-(g) to Section 731 filed 1-16-87; effec- 
tive thirtieth day thereafter (Register 87, No. 10). 



§ 654. Documents That Must Be Sworn To. 

NotK: Authority cited: Section 1058, Water Code. Reference: Part 2, Division 2, 
Water Code. 

History 

1 . New section filed 1 0-9-73 as procedural; effective upon filing ( Register 73, No. 
41). 

2. Renumbering and amendment of Section 654 to Section 711 filed 1 16-87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). 

§ 654.4. Policy. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Section 275, Chap- 
ter 2.5. Division 1 and Part 2, Division 2, Water Code. 

History 

1 . New section filed 1-28-77; effective thirtieth day thereafter (Register 77, No. 
5). 

2. Renumbering and amendment of former Section 654.4 to Section 651 filed 
1-16-87; effective thirtieth day thereafter (Register 87, No. 10). 



Article 2. Definitions 



Subarticlel. General 

§ 655. Application. 

"Application" means the form entitled "Application to Appropriate 
Water," the "Environmental Information Form." applicable fees, and the 
maps required by this subchapter. "Application" includes the form en- 
titled "Supplement to Application" when: 

(a) The purpose of use is municipal, industrial, mining, power, temper- 
ature control or any other use that is not listed in paragraph 5 of the appli- 
cation; or 

(b) The applicant applies to store 25 acre-feet or more of water. These 
forms are provided by the board. 

NOTE: Authority cited: Sections 1058, 1252 and 1530. Water Code. Reference: 
Sections 1260, 1375 and 1525, Water Code; and Sections 21080, 21080.1 and 
21 160, Public Resources Code. 

History 

1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 
17). 

2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 
5). 

3. Renumbering and amendment of former Section 655 to Section 696, and new 
Section 655 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 
10). 

4. Amendment of first paragraph and NoTi-; filed 12-23-2003 as an emergency; 
operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 
1530 this rulemaking action remains in effect until revised by the State Water 
Resources Control Board. 

§ 656. Complete and Incomplete Applications. 

(a) Complete Application. An application shall be considered com- 
plete when the board has certified, in writing, that the applicant has fully 
and completely disclosed all information required in the "application" 
according to instructions set forth in the form and this subchapter, and has 
paid the applicable fees. 

(b) Incomplete Application. An incomplete application is one that is 
substantially complete except that it fails in some manner to fully con- 
form to the law or the regulations of the board. It includes an application 
determined to be incomplete pursuant to Sections 65920 et seq. of the 
Government Code and an application determined to be defective pur- 
suant to Section 1270 of the Water Code. See Section 675 regarding sub- 
stantial compliance. 

NOTE: Authority cited: Sections 1058, 1252 and 1530. Water Code. Reference: 
Sections 1270 and 1525, Water Code; and Sections 65940, 65941 and 65943. Gov- 
ernment Code. 

History 

1 . Renumbering and amendment of former Section 656 to Section 698, and renum- 
bering and amendment of Section 692 to 656 filed 1-16-87; effective thirtieth 
day thereafter (Register 87, No. 10). For prior history, see Registers 78, No. 31 
and 17, No. 5. 

2. Amendment of subsection (a) and NoTi-; filed 12-23-2003 as an emergency; op- 
erative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 
this rulemaking action remains in effect until revised by the State Water Re- 
sources Control Board. 



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§ 657. Regulation of Water. 

Regulation of water means the direct diversion of water to a tank or 
reservoir in order that the water may be held for use at a rate other than 
the rate at which it may be conveniently diverted from its source. For li- 
censing purposes, refill, in whole or in part, held in a lank or reservoir for 
less than 30 days shall be considered regulation of water. 

NOTH: Authority cited: Section 1058, Water Code. Reterence: Sections 1240, 
12.50, 1253 and 1260, Water Code. 

History 

1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 
17). 

2. Amendment filed 3-19-64; effective thirtieth day thereafter (Register 64, No. 
6). 

3. Renumbering and amendment of former Section 657 to Section 697, and new 
Section 657 filed 1-16-87; effective thirtieth day thereafter (Reeister 87, No. 
10). 

§ 657.1 . Recreational Reservoirs for Subdivisions. 

NOTIi: Authority cited: Section 1058, Water Code. Reference: Part 2 (commenc- 
ing with Section 1200) of Division 2. Water Code. 

History 

1. New section filed 2-27-73; effective thirtieth day thereafter (Register 73, No. 
9). 

2. Repealer filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). 

§ 657.2. Stockwatering Reservoirs. 

NOTK: Authority cited: Section 1058, Water Code. Reference: Part 2 (commenc- 
ing with Section 1200) of Division 2. Water Code. 

History 

1 . New section filed 3-8-74; effective thirtieth day thereafter (Register 74, No. 
10). 

2. Repealer filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). 

§ 658. Storage of Water. 

Storage of water means the collection of water in a tank or reservoir 
during a time of higher stream flow which is held for use during a time 
of deficient stream flow. For licensing purposes all initial collections 
within the collection season plus refill, in whole or in part, held in a tank 
or reservoir for more than 30 days shall be considered water diverted for 
storage except as provided in Section 735(c). 

History 

1. Amendment filed 12-1-55; effective thirtieth dav thereafter (Register 55, No. 
17). 

2. Renumbering and amendment of former Section 658 to Section 699, and new 
Section 658 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 
10). 



Subarticle 2. Beneficial Uses 

§ 659. Beneficial Use of Water. 

Beneficial use of water includes those uses defined in this subarticle. 
The board will determine whether other uses of water are beneficial when 
considering individual applications to appropriate water. 
NOTE: Authority cited: SecUons 1058 and 1252, Water Code. Reference: Section 
1240, Water Code. 

History 

1. Repealer of Section 659 and new Ardcle 2.5 (Sections 659-660) filed 
10-12-79; effective thirtieth day thereafter (Register 79, No. 41). 

2. Renumbering and amendment of former Section 659 to Section 735, and new 
Section 659 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 
10). 

§ 660. Domestic Uses. 

Domestic use means the use of water in homes, resorts, motels, organi- 
zation camps, camp grounds, etc., including the incidental watering of 
domestic stock for family sustenance or enjoyment and the irrigation of 
not to exceed one-half acre in lawn, ornamental shrubbery, or gardens 
at any single establishments. The use of water at a camp ground or resort 
for human consumption, cooking or sanitary purposes is a domestic use. 
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 1254 and 
1260, Water Code. 



History 
1 . Renumbering and amendment of former Section 660 to Section 735, and renum- 
bering and amendment of Section 661 to Section 660 filed 1 — 16-87; effective 
thirtieth day thereafter (Register 87, No. 10). 

§661. Irrigation Use. 

Irrigation use includes any application of water to the production of 
irrigated crops or the maintenance of large areas of lawns, shrubbery, or 
gardens. 

NOTE: Authority cited: Section 1058. Water Code. Reference: Sections 1254 and 
1260. Water Code. 

History 

1 . Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55. No. 
17). 

2. Renumbering and amendment of former Section 661 to Section 660. and renum- 
bering and amendment of Section 662 to 661 filed 1-16-87; effective thirtieth 
day thereafter (Register 87. No. 10). 

§ 662. Power Use. 

Power use means the use of water for hydroelectric and hydromechan- 
ical power. 
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1260 and 

1263, Water Code. 

History 
1 . Renumbering and amendment of former Section 662 to Section 661 , and renum- 
bering and amendment of Section 663 to Section 662 filed 1 — 16-87; effective 
thirtieth day thereafter (Register 87, No. 10). 

§ 662.5. Frost Protection Use. 

NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 
1253, Water Code. 

History 

1 . New section filed 1 0-1 2-79; effective thirtieth day thereafter (Reeister 79. No. 
41). 

2. Renumbering and amendment of Secfion 662.5 to Section 671 filed 1-16-87; 
effecUve thirtieth day thereafter (Register 87, No. 10). 

§ 663. Municipal Use. 

Municipal use means the use of water for the municipal water supply 
of a city, town, or other similar population group, and use incidental 
thereto for any beneficial purpose. 
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1260 and 

1264, Water Code. 

History 

1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 
17). 

2. Renumbering and amendment of former Section 663 to Section 662, and renum- 
bering and amendment of Section 664 to Section 663 filed 1 — 16-87; effective 
thirtieth day thereafter (Register 87, No. 10). 

§ 664. Mining Use. 

Mining use means any use of water is for mining processes such as hy- 
draulicing, drilling, and on concentrator tables. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Secfion 1260 and 

1265, Water Code. 

History 

1. Amendment filed 12-1-55; effecfive thirtieth day thereafter (Register 55, No. 
17). 

2. Renumbering and amendment of former Section 664 to Section 663, and renum- 
bering and amendment of Section 665 to 664 filed 1-16-87; effecfive thirtieth 
day thereafter (Register 87, No. 10). 

§ 665. Industrial Use. 

Industrial use means the use of water for the purposes, not more specif- 
ically defined herein, of commerce, trade or industry. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Secfion 1260, Wa- 
ter Code. 

History 

1 . Renumbering and amendment of former Section 665 to Section 664, and renum- 
bering and amendment of Secfion 666 to Section 665 filed 1 — 16-^7; effective 
thirtieth day thereafter (Register 87, No. 10). 

2. Editorial correcfion amending section (Register 2005, No. 17). 

§ 666. Fish and Wildlife Preservation and Enhancement 
Use. 

For purposes of specifying a beneficial use in an application to appro- 
priate unappropriated water, fish and wildlife preservation and enhance- 



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niLMit use means using water to maintain or provide Iiabitat or other bene- 
lll for fisli and wildlife by taking water under control as in the following 
examples: 

(a) The collection or diversion of water to storage for either retention 
in the reservoir or release downstream for the purpose of preservation or 
enhancement of fish or wildlife; or 

(b) Direct diversion of water for the purpose of preservation or en- 
hancement of fish or wildlife. 

This category of water use includes the use of water for the raising of 
fish or other organisms for scientific purposes or release in the waters of 
the state. 

NOTE: Authority cited: Section 1058, Water Code. Reference: California Trout. 

Inc. V. SWRCB, 90 Cal.App.3d 816, 153, Cal.Rptr. 672 ( 1979); Fiillerton v. State 

Water Resources Control Board. 90 Cal.App.3d 590; 153 Cal.Rptr. 518 (1979); 

and Sections 1243 and 1260, Water Code. 

History 

1 . Renumbering and amendment of former Section 666 to Section 665, and renum- 
bering and amendment of Section 667.5 to Section 666 fded 1-16-87; effective 
thirtieth day thereafter ( Register 87, No. 10). 

§ 667. Aquaculture Use. 

Aquaculture use means the use of water for raising fish or other organ- 
isms for commercial purposes, or large scale private use in which the fish 
or organisms will not be released in waters of the state. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Section 1260. Wa- 
ter Code. 

History 

1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 
17). 

2. Amendment filed 1 1-24-71 ; effective thirtieth day thereafter (Register 71, No. 

48). 

3. Renumbering and amendment of former Section 667 to Section 668, and new 
Section 667 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 
10). 

§ 667.5. Fish and Wildlife Protection and Enhancement. 

NOTE: Authority cited: Section 1058, Water Code. 

History 
1. Renumbering and amendment of former Section 667.5 to Section 666 filed 
1-16-87; effective thirtieth day thereafter (Register 87, No. 10). 

§ 668. Recreational Use. 

Recreational use means the use of water for resorts or other recreation- 
al establishments, boating, swimming, and fishing, and may include wa- 
ter which is appropriated by storage and either retained in the reservoir 
or released downstream to support these purposes. Use of water at a camp 
ground or resort for human consumption, cooking or sanitary purposes 
is a domestic use and irrigation of golf courses is an irrigation use. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Secfions 1243 and 
1260, Water Code. 

History 

1. Amendment filed 12-1-55 effective thirtieth day thereafter (Register 55, No. 
17). 

2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 
5). 

3. Renumbering and amendment of former Section 668 to Section 669, and renum- 
bering and amendment of Section 667 to Section 668 filed 1 — 16-87; effective 
thirtieth day thereafter (Register 87, No. 10). 

§ 668.5. Water Quality Use. 

NOTE: Authority cited: Section 1058, Water Code. 

History 

1 . New section filed 1 1-24-7 1 ; effective thirtieth day thereafter (Register 7 1 , No. 

48). 

2. Renumbering and amendment of former Section 668.5 to Section 670 filed 
1-16-87; effecfive thirtieth day thereafter (Register 87, No. 10). 

§ 669. Stockwatering Use. 

Stockwatering use means the use of water for commercial livestock. 
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 1260, Wa- 
ter Code. 

History 
1 . Renumbering and amendment of former Section 669 to Section 706, and renum- 
bering and amendment of Section 668 to Section 669 filed 1 — 16-87; effective 



thirtieth dav thereafter (Register 87, No. 10). For prior history, see Registers 60, 
No. 5 and 55, No. 17. 

§ 669.5. Name and Address of Applicant. 

History 

1. New section filed 3-19-64; effecfive thirtieth day thereafter (Register 64, No. 
6), 

2. Renumbering and amendment of former Section 669.5 to Section 707 filed 
1-16-87; effective thirtieth day therealter (Register 87, No. 10). 

§ 670. Water Quality Use. 

Water quality use includes appropriation of water by storage to be re- 
leased for the purpose of protecting or enhancing the quality of other wa- 
ters which are put to beneficial uses. 

NOTE: Authority cited: Section 1058. Water Code. Reference: Sections 1242.5 
and 1260, Water Code. 

History 
1. Renumbering and amendment of former Section 668.5 to Section 670 filed 
1-16-87: effective thirtieth day thereafter (Register 87, No. 10). For history of 
former Section 670, see Registers 74, No. 19 and 71, No. 48. 

§ 670.5. Supplement to Application May Be Required. 

History 

1. New secdon filed 3-19-64; effective thirtieth day thereafter (Register 64, No. 
6). 

2. Renumbering and amendment of former Section 670.5 to Section 708 filed 
1-16-87; effective thirtieth day thereafter ( Register 87, No. 10). 

§ 670.6. Instream Beneficial Use Assessment. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 106.7 and 
1250.5, Water Code, and Section 21069. Public Resources Code. 

History 

1. New secfion filed 12-13-82 as an emergency; effective upon filing (Register 
82, No. 51). 

2. Order of Repeal of 1 2-1 3-82 order filed 1 2-1 3-82 by OAL pursuant to Govern- 
ment Code Section 1 1349.6 (Register 82. N. 51). 

3. New section filed 3-2-83 as an emergency; effective upon filing (Register 83, 
No. 1 1). A Certificate of Compliance must be transmitted to OAL within 120 
days or emergency language will be repealed on 6-30-83. 

4. Order of Repeal of subsection (h)(2) filed 3-1 0-83 by OAL pursuant to Govern- 
ment Code Section 1 1349.6 (Register 83, No. 1 1). 

5. Emergency language filed 3-2-83 repealed by operation of Government Code 
Section II 346.1 (Register 83, No. 32). 

6. New section filed 8-1-83; effective upon filing pursuant to Government Code 
Secfion 11364.2(d) (Register 83, No. 32). 

7. Renumbering and amendment of former Section 670.6 to Section 709 filed 
1-16-87; effective thirtieth day thereafter (Register 87, No. 10). 

§ 671. Frost Protection Use. 

Frost protection use means the application of water to crops by fine 
sprays,mists, or sprinklers for the purpose of preventing damage by frost. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1253 and 
1260, Water Code. 

History 

1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 
17). 

2. Amendment of subsecfions (c) and (e), and new subsections (g) and (h) filed 
5-18-79; effecfive thirtieth day thereafter (Register 79, No. 20). 

3. Renumbering and amendment of former Section 67 1 to Section 7 1 0, and renum- 
bering and amendment of former Secfion 662.5 to Section 671 filed 1-16 87; 
effective thirtieth day thereafter (Register 87, No. 10). For prior hislorj', see 
Register 19, No. 41. 

§ 672. Heat Control Use. 

Heat control use means the application of water to crops by fine sprays, 
mists, or sprinklers for the purpose of preventing damage by high temper- 
atures. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1253 and 
1260, Water Code. 

History 
1. New secfion filed 1-16-87; effecfive thirtieth day thereafter (Register 87, No. 
10). 

§ 673. General Requirements. 

History 
1. Amendment filed 3-10-60; effecfive thirtieth day thereafter (Register 60, No. 
5). 



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Title 23 



2. Renumbering and amendment of Seetion 673 to Section 715 filed 1-16-87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). 

§ 674. Requirements for Irrigation Purposes. 

History 

1. Amendment filed 3-10-60; effective thirtieth day thereafter (Reeister 60, No. 

5). 

2. Renumbering and amendment of Section 674 to Section 719 filed 1-16-87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). 



Article 3. How Applications Are Processed 

§ 675. Substantial Compliance. 

Upon receipt, an application will be reviewed for compliance with the 
requirements of the Water Code and this subchapter. An application will 
be accepted for filing when it substantially complies with the require- 
ments. Substantial compliance means that the application is made in a 
good faith attempt to conform to the rules and regulations of the board 
and to the law, and the information submitted and the form of submission 
are sufficient in view of the particular circumstances to fulfill the purpose 
of the requirements. 

NOTE: Authority cited: Section 1058 and 1252. Water Code. Reference: Section 
1270, Water Code. 

History 

1. Amendment filed 3-3-78 as procedural and organizational; effective upon fil- 
mg (Register 78, No. 9). 

2. Renumbering and amendment of former Section 675 to Section 720, and renum- 
bering and amendment of Section 651 to Section 675 filed 1 — 16-87; effective 
thirtieth day thereafter (Register 87, No. 10). For prior history, see Registers 67, 
No. 49 and 60, No. 5. 

§ 676. Filing Fees. 

An application will not be accepted for initial review or filing unless 
it is accompanied by the filing fee required by chapter 5 (commencing 
with section 1061 ) of this division. If after the initial review of an applica- 
tion described in section 675 the board does not accept the application for 
filing, the board shall refund the application filing fee, minus the $250 
non-refundable initial review fee. The board may cancel an application 
for failure to pay any annual fee for the application when due. 

NOTE: Authority cited: Sections 1058, 1252 and 1530, Water Code. Reference: 
Section 1525, Water Code. 

History 

1 . Renumbering and amendment of former Section 676 to Section 72 1 , and renum- 
bering and amendment of Secfion 652 to Section 676 filed 1 — 16-87; effective 
thirtieth day thereafter (Register 87, No. 10). For prior history, see Registers 79, 
No. 20; 60, No. 5; and 55, No. 17. 

2. Amendment of section and NoTEi filed 12-23-2003 as an emergency; operative 
1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this 
rulemaking action remains in effect until revised by the State Water Resources 
Control Board. 

3. Amendment filed 10-14-2004 as an emergency; operative 10- 14-2004 (Regis- 
ter 2004, No. 42). Pursuant to Water Code section 1530, this rulemaking action 
remains in effect until revised by the State Water Resources Control Board. 

§ 677. Application Fees for Small Hydroelectric Projects. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Section 1525.5, 
Water Code. 

History 

1. New section and Schedule 1 filed 6-17-83 effective thirtieth day thereafter 
(Register 83, No. 25). For prior history, see Register 82, No. 51 . 

2. Renumbering and amendment of former Secfion 677 to Secfion 718, and renum- 
bering and amendment of Section 652.5 to Section 677 filed 1-16-87; effective 
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 83, 

No. 25). 

3. Repealer of section and schedule 1 filed 12-23-2003 as an emergency; opera- 
tive 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 
this rulemaking action remains in effect until revised by the State Water Re- 
sources Control Board. 

§ 678. Determination of Completeness. 

(a) Upon acceptance of an application to appropriate water, the board 
staff shall, within 30 days, determine whether an application is complete 
by applying the criteria set forth in this subchapter. 



(b) In the event that the board staff determines that the application is 
incomplete, it shall, in writing, notify the applicant of such determina- 
tion, shall specify those parts of the application that are incomplete, and 
shall indicate the manner in which they can be made complete. 
NOTE: Authority cited: Section 1058, Water Code. Reference: Secfion 1270, Wa- 
ter Code; Section 65943, Government Code. 

History 

1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 
17). 

2. Renumbering and amendment of former Section 678 to Section 723, and renum- 
bering and amendment of Section 692.3 to Section 678 filed 1-16-87; effective 
thirtieth day thereafter (Register 87, No. 10). For prior history; see Register 78. 
No. 3). 

§ 679. Cancellation of Application. 

Upon receiving an incomplete application made in a bona fide attempt 
to conform to the rules of the board and to the law. the board will notify 
the applicant in what respect his application is incoinplete and that unless 
within 60 days an amended and completed application is filed or good 
cause is shown for extension of time, following the notice required in 
Section 678. the application will be subject to cancellation without fur- 
ther notice. Unless within the time prescribed, or such further time as may 
be allowed for good cause consistent with the provisions of Section 680, 
an amended and completed application is filed with the boarc, the appli- 
cation may be cancelled without further notice. 

Note: Authority cited: Section 1058, Water Code. Reference: Section 1270 and 
1271, Water Code. 

History 

1. Renumbered from former Section 680. Former Section 679 repealer filed 
12-1-55; effective thirtieth day thereafter (Register 55, No. 17). 

2. Amendment filed 3-10-60; effective thirtieth day thereafter (Reg:ster 60, No. 
5). 

3. Amendment filed 12-7-67 as organizational and procedural; effective upon fil- 
ing (Register 67, No. 49). 

4. Renumbering and amendment of former Secfion 679 to Section 7 1 6. and renum- 
bering and amendment of Section 695 to 679 filed 1-16-87; effective thirtieth 
day thereafter (Register 87, No. 10). 

§ 680. Applications Not Made in a Bona Fide Attempt to 
Conform to Rules and Law. 

Applications which are not made in a bona fide attempt to conform to 
the rules of the board and to the law. including those in which no effort, 
or only a token effort, is made to supply one or more of the items of infor- 
mation required by Sections 1260 through 1266 of the Water Code, will 
not be accepted for filing. When the board's staff determines not to accept 
such an application, it shall notify the applicant within 30 days of receipt 
of the application. 

Note: Authority cited: Section 1058 and 1252, Water Code. Reference: Sections 
1260 and 1270, Water Code. 

History 

1. Renumbering of former Secfion 681 and amendment filed 12-1-55; effective 
thirtieth day thereafter (Register 55, No. 17). 

2. Amendment filed 3-19-64; effecfive thirtieth day thereafter (Register 64, No. 
6). 

3. Amendment filed 1 1-24-71 ; effective thirtieth day thereafter (Register 71, No. 
48). 

4. Amendment filed 1 1-25-80; effecfive thirtieth day thereafter (Register 80, No. 
48). 

5. Renumbering and amendment of former Secfion 680to Secfion 717, and renum- 
bering and amendment of Section 696 to Secfion 680 filed 1 — 16-87; effecfive 
thirtieth day thereafter (Register 87, No. 10). 

§ 681 . Time to Complete and Extensions Thereof. 

Upon receipt of a request for an extension of time to complete an appli- 
cation, if good cause is shown the board will grant such time as appears 
reasonably necessary. Good cause requires a satisfactory shov/ing that a 
diligent effort has been made to complete the application within the time 
previously allowed and that failure to do so has been occasioned by ob- 
stacles which could not reasonably be avoided. Lack of finances, occupa- 
tion with other work, physical disability, and other conditions incident to 
the person and not the enterprise will not generally be accepted as good 
cause for delay. The board may, in its discretion, require such showing 
of good cause to be made at a hearing upon notice to the applicant and 
other interested parties. 



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Noil.: Authority cited: Section 1058. WaterCode. Reference: Sections 1270 and 
1271. Water Code. 

History 

1 . Renumbering of former Section 682 and amendment filed 12-1-55; effective 
thirtieth day thereafter (Register 55. No. 17). 

2. Renumbering and amendment of former Section 68 1 to Section 724, and renum- 
bering and amendment of Section 614 to Section 681 filed 1 — 1 6-87; effective 
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 60, 
No. 5. 

§ 682. Additional information. 

After an application lias been determined to be complete, the applicant 
shall not be required to submit any new or added information which is not 
set forth or required in or by this Subchapter. An applicant may, however, 
submit any new or added information on his own behalf, and the board 
may, in its discretion, hear or consider such information in deciding 
whether to approve the application. 

NOTH: Authority cited: Section 1058, Water Code. Reference: Section 65944, 
Government Code. 

History 
1. Renumbering and amendment of former Section 692.5 to Section 682 filed 
1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior histo- 
ry, .see Register 78, No. 31. 

§ 683. Supplemental Information. 

(a) Notwithstanding the provisions of Section 682 the board may, in 
the course of processing the application, and at any time prior to render- 
ing a decision on the application, request an applicant to clarify, amplify, 
correct, or otherwise supplement the information required in or by this 
Subchapter and to obtain information necessary to comply with the Pub- 
lic Resources Code Section 21000 et seq. 

(b) Failure by an applicant to comply with a written request for infor- 
mation pursuant to subdivision (a) of this section within a reasonable 
time and in a responsive manner may be cause for the board to cancel or 
reject the application pursuant to Government Code Section 65956(c) or 
the State Administrative Manual Permit Guidelines Section 1099, 
adopted on January 31. 1978. 

NOTH: Authority cited: Section 1058, WaterCode. Reference: Sections 65944 and 
65956(b), Government Code; and Section 1255, Water Code. 

History 
1. Renumbering and amendment of former Section 692.7 to Section 683 filed 
1-16-87; effective thirtieth day thereafter (Register 87, No. 1 0). For prior histo- 
ry, see Register 78, No. 31. 

§ 684. Issuance of Notice. 

(a) As soon as practicable after receipt of a complete application and, 
if an instream beneficial use assessment is required by Water Code Sec- 
tion 1250.5 (for a project which proposes the development of a small hy- 
droelectric project) as soon as practicable after the determination that the 
instream beneficial use assessment is adequate, a notice will be issued by 
the board. The applicant will be directed to post or publish it. 

(b) If a hearing on an application is delayed for more than one year af- 
ter the close of the protest period, the board may issue a new notice and 
direct the applicant to post or publish it. The board will take such action 
when, in its judgment, the record does not reflect up-to-date circum- 
stances because of changes in the project or in the circumstances of af- 
fected downstream water users or other interested persons. The board 
will mail a copy of the new notice to all persons who filed a protest to the 
application in response to the original notice and will inform them that 
they may either submit a new protest or stand on their existing protest. 
NOTK: Authority cited: Section 1058, Water Code. Reference: Sections 1300, 
1310 and 1320, Water Code. 

History 
1. Renumbering and amendment of former Section 712 to Secfion 684 filed 
1-1 6-87 ; effective thirtieth day thereafter (Register 87, No. 10). For prior histo- 
ry, see Registers 73, No. 10 and 60, No. 5. 

§ 685. Effect of Issuance of Notice. 

Issuance of a notice of application shall not be construed as a final de- 
termination that the application is complete in all details. 
NOTH: Authority cited: Section 1058, Water Code. Reference: Sections 65941, 
65943 and 65944, Government Code; and Section 1270, Water Code. 



History 

1 . Renumbering and amendment of former Section 701 and amendment to Subsec- 
tion 685 filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17). 

2. Amendment filed 3-19-64; effective thirtieth day thereafter (Reeister 64, No. 
6). 

3. Amendment of subsections (b) and (c) filed 3-3-78 as procedural and organiza- 
tional; effective upon filing (Register 78, No. 9). 

4. Repealer of former Section 685 and renumbering and amendment of Section 
7 1 3 to Section 685 filed 1 -1 6-87; effective thirtiet^h day thereafter ( Register 87. 
No. 10). 



Article 4. Requirements for Separate 
Applications and Joint Applications 

§ 686. Separate Applications for Consumptive and 
Nonconsumptive Uses. 

Separate applications shall be filed for consumptive and nonconsump- 
tive uses except that an appHcation for either consumptive or noncon- 
sumptive purposes may include water for strictly incidental domestic, 
power, industrial, stockwatering, recreational, fish and wildlife enhance- 
ment, or water quality uses. For the purpose of this section, nonconsump- 
tive use is one which returns substanfially all of the water to a surface 
streain or other surface body of water. Incidental power is generated 
when operation of the turbine is incidental to the movement of water to 
meet requirements for other purposes. Notice of a petition to add inciden- 
tal uses may be given at the board's discretion, in accordance with Sec- 
tion 795, Article 15 of this subchapter. 

NOTE: Authority cited: Section 1058, WaterCode. Reference: Secfion 1252, Wa- 
ter Code. 

History 
1 . Renumbering and amendment of former Section 698 to Section 686 filed 
1-16-87; effecfive thirtieth day thereafter (Register 87, No. 10). For prior histo- 
ry, see Register 80, No. 48. 

§ 687. Separate Application for Each Diversion. 

When water is to be diverted at two or more places, a separate applica- 
tion shall be filed for each, except that one application will be accepted 
when: 

(a) Successive diversions are made of water from the same stream sys- 
tem for a nonconsumptive use, 

(b) The water will be used for common purposes at adjoining places 
of use and when the works required for each diversion will be constructed 
simultaneously with all the other units of the project. Units of a project 
to be constructed by stages at different times which involve separate di- 
versions of water shall be covered by separate applications, or 

(c) Water will be stored in several reservoirs in the same watershed or 
general locality, provided there shall not be included in one application 
more than 5 reservoirs. 

Note: Authority cited: Secfion 1058, Water Code. Reference: Section 1252, Wa- 
ter Code. 

History 

1 . Renumbering and amendment of former Secfion 699 to Section 687 filed 
1-1 6-87; effecfive thirtieth day thereafter (Register 87, No. 10). For prior histo- 
ry, see Registers 64, No. 6 and 55, No. 17. 

2. Editorial correction amending subsection (b) (Register 2005, No. 17). 

§ 688. Separate Applications for Separately Owned Places 
of Use. 

Separate applications shall be filed when two or more parties desire to 
cooperate in the construction and operafion of a common system for di- 
rect diversion of water (not proposing the use of water stored in a reser- 
voir) but will use water on separately owned parcels. Such applications 
may be filed simultaneously and thereby establish an equal priority, ei- 
ther by personal delivery of the applications or by forwarding them in the 
same envelope. 

NOTE; Authority cited: Secfion 1058, Water Code. Reference: Section 1252. Wa- 
ter Code. 

History 

1 . New article 7 (§§688 and 689) filed 12-1 55; effective thirtieth day thercatter 
(Register 55, No. 17). 

2. Amendment filed 3-10-60; effective thirtieth day thereafter ( Register 60, No. 
5). 



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3. Amendment of subseetion (b) filed 3-3-78 as procedural and organizational; 
ctTective upon filing (Register 78, No. 9). 

4. Renumbering and amendment of former Section 688 to Section 733. and renum- 
bering and amendment of Section 700 to Section 688 filed 1 — 16-87; effective 
thiitieth day thereafter (Register 87, No. 10). 

§ 689. Separate Application for Frost Protection. 

Direct diversion for frost protection shall be the subject of a separate 
application, except where such uses are clearly incidental to other uses 
is areas other than in Napa Valley. Existing permits for frost protection 
direct diversion combined with other uses may be separated into separate 
permits when an order is issued allowing an extension of time or a change 
in the permit. Separate licenses or a permit and a license may be issued 
upon completion of the separate portions of the project if appropriate. 
NOTH: Authority cited: Section 1058, Water Code. Reference: Section 1252, Wa- 
ter Code. 

History 

1 . Renumbering and amendment of former Section 689 to Section 722, and renum- 
bering and amendment of Section 648.5 to Section 689 filed 1-16-87; effective 
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 79, 

No, 41. 

§ 690. Application by an Agency Representing Users 
Within a Combined Place of Use. 

An application by an agency proposing to serve water to several sepa- 
rately owned parcels of land will be accepted when that agency is compe- 
tent to take title to the water right (for example, an irrigation district or 
a mutual water company). 

Note: Authority cited: Section 1058. Water Code. Reference: Section 1 252, Wa- 
ter Cod. 

History 
1. Renumbering and amendment of former Section 701 to Section 690 filed 

1-1 6-87; effective thirtieth day thereafter (Register 87, No. 10). For prior hi.sto- 

ry, see register 55, No. 17. 

§ 691 . Joint Applications. 

(a) Two or more persons proposing to share in the use of water stored 
in a reservoir or proposing a common place of use (such as the irrigation 
of jointly owned property), shall file a joint application. 

(b) A joint application shall clearly indicate the nature and extent of 
the respective rights of each applicant in the ownership and operation of 
the proposed reservoir and to any water right received. Joint applicants 
shall designate one person to receive correspondence from the board and 
to act for them in all matters pertaining to the usual processing of the 
application. 

NOTI:: Authority cited: Section 1058, Water Code. Reference: Section 1252, 1260 
and 1775, Water Code. 

History 

1. Renumbering and amendment of former Section 702 to Section 691 filed 
1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior histo- 
ry, see Registers 74. No. 48 and 55, No. 17. 

§ 692. Definitions. 

NOTE: Specific authority cited: Sections 1058 and 13991(g), Water Code. Specif- 
ic reference cited: Part 2, Division 2, Chapters 3-5, 8 and 14, Division 7, Water 
Code; and Divisions 1-2, Title 7, Government Code. 

History 

1. Renumbering of former Sections 685, 686, 687 and 688 to 692, 693, 694 and 
695, respectively, and amendments of 694 and 695 filed 12-1-55; effecfive thir- 
tieth day thereafter (Register 55, No. 17). 

2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 
5). 

3. Amendment filed 9-3-76; effective thirtieth day thereafter (Register 76, No. 
36). 

4. Amendment of Article title and Section 692 filed 8-1-78; effective thirtieth day 
thereafter (Register 78, No. 31). 

5. Renumbering and amendment of Section 692 to Section 656 filed 1-1 6-87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). 

§ 692.3. Determination of Completeness. 

NOTE; Specific authority cited: Sections 1058 and 13991(g), Water Code. Specif- 
ic reference cited: Part 2, Division 2, Chapters 3-5, 8 and 14, Division 7, Water 
Code; and Divisions 1-2, Title 7, Government Code. 



History 

1. New section filed 8-1-78; effective thirtieth day thereafter (Register 78, No. 
31). 

2. Renumbering and amendment of Section 692.3 to Section 678 filed 1-16-87; 
effective thirtieth day thereafter (Register 87, No. 10). 

§ 692.5. Additional Information. 

Note; Specific authority cited: Sections 1058 and 13991(g), Water Code. Specif- 
ic reference cited: Part 2, Division 2, Chapters 3-5, 8 and 14, Division 7, Water 
Code; and Divisions 1-2, Title 7, Government Code. 

History 

1. New section filed 8-1-78; effective thirtieth day thereafter (Register 78, No. 
31). 

2. Renumbering and amendment of Section 692.5 to Section 682 filed 1-16-87; 
effective thirtieth day thereafter (Register 87, No. 10). 

§ 692.7. Supplemental information. 

NOTE: Specific authority cited: Sections 1058 and 13991(g), Water Code. Specif- 
ic reference cited: Part 2, Division 2, Chapters 3-5, 8 and 14, Diviiiion 7, Water 
Code; and Divisions 1-2, Title 7, Government Code. 

History 

1. New section filed 8-1-78; effective thirtieth day thereafter (Register 78, No. 
31). 

2. Renumbering and amendment of Section 692.7 to Section 683 filed 1-16-87; 
effecfive thirtieth day thereafter (Register 87, No. 10). 

§ 693. Statement of Reasons and Request for Time to 
Complete. 

History 
1 . Repealer filed 1-16-87; effecfive thirtieth day thereafter (Register 87, No. 10). 

§ 694. Time to Complete and Extensions Thereof. 

History 

1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 
5). 

2. Renumbering and amendment of Section 694 to Section 681 filed 1-16-87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). 



Article 5. Amounts for Which to Apply 

§ 695. Unappropriated Water. 

A permit can be issued only for unappropriated water. Unappropriated 
water does not include water being used pursuant to an existing right, 
whether the right is owned by the applicant, or by another person. (For 
the relationship between new applications and existing rights, see Sec- 
tion 731.) 

NOTE; Authority cited: Section 1058, Water Code. Reference: Secfions 1202 and 
1375, Water Code. 

History 

1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 
5). 

2. Renumbering and amendment of former Secfion 695 to Section 679, and renum- 
bering and amendment of Secfion 653(a) to Secfion 695 filed 1-16-87; effec- 
five thirtieth day thereafter (Register 87, No. 10). For prior history, see Registers 
81, No. 11 and 73, No. 12. 

§ 696. Applications Reasonably Necessary for Beneficial 
Use— How Stated. 

The amount of water for which to apply is governed by the estimated 
amount which can be put to beneficial use including reasonable convey- 
ance losses, and shall be stated in the definite terms of some established 
unit of measurement, such as cubic feet per second, gallons per minute 
or per day, or acre-feet per annum. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 275, 1240, 
1241, 1252 and 1260, Water Code. 

History 

1 . New secfion filed 3-10-0; effecfive thirtieth day thereafter (Register 60, No. 5). 

2. Editorial correction (Register 60, No. 8). 

3. Amendment filed 3-19-64; effective thirtieth day thereafter (Register 64, No. 
6). 

4. Renumbering and amendment of former Secfion 696 to Section 680, and renum- 
bering and amendment of Section 655 to Secfion 696 filed 1 — 16-87; effective 
thirtieth day thereafter (Register 87, No. 10). 



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• 



§ 697. Examples of Amounts Considered Reasonably 
Necessary. 

The amount of water considered reasonably necessary for certain uses 
when the appropriation will be by direct diversion shall be determined in 
the following manner: 

(a) Irrigation Use. 

( 1 ) In most portions of the central valley of California and elsewhere 
in the State where similar conditions prevail a duty of one cubic foot per 
second continuous flow to each 80 acres shall be considered a reasonable 
headgate duty for most crops. Where there is a greater abundance of wa- 
ter and a heavy transportation loss, or the land to be irrigated is of a po- 
rous, sandy or gavelly character a continuous flow allowance of one cu- 
bic foot per second to each 50 acres may be considered reasonable. Under 
other conditions where water supply is less abundant and conditions are 
favorable to a more economical use a duty of one cubic foot per second 
to 150 acres may be considered reasonable for most crops. For the irriga- 
tion of rice the customary allowance shall be one cubic foot per second 
continuous flow to each 40 acres of irrigated land. 

(2) The equivalent of these continuous flow allowances for any 
30 — day period may be diverted in a lesser time at a greater rate so long 
as there is no interference with other users, and a clause allowing such 
rotation will be included in a permit issued for irrigation purposes. 

(b) Domestic Use. Allowances for domestic use are variable, depend- 
ing upon the character of the place of use, method of use, character of use 
and availability of water. The quantities considered reasonable for the re- 
spective domestic uses are as follows: 

Homes, Resorts, Motels, Organization Camps, etc. 

Fully plumbed 55 to 75 gallons per day per person 

Sink and flush toilet only 40 gallons per day per person 

Sink and shower only 35 gallons per day per person 

Sink only 25 gallons per day per person 

Outside supply only 15 gallons per day per person 

Cafe, fountain, etc 2.5 gallons per day per person 

Camp Grounds 

Depending upon facilities provided, allowances range from 5 gallons per day 
per person, where faucets only are provided, to 30 gallons per day per person 
where washbowls, showers, flush toilets and laundry trays are provided. 

Lawn, Garden, Orchard and Grounds 

Irrigation 18.5 gallons per day per 100 square feet 

Sprinkling to allay dust 7.5 to 10 gallons per day per 100 square feet 

Livestock 

Milch cows 30 gallons per day per head 

Horses 15 gallons per day per head 

Goats and hogs 2.5 gallons per day per head 

Poultry, rabbits, etc 0.25 gallon per day per head 

(c) Stockwatering Use. For use for watering commercial livestock, the 
quantities considered reasonable are as follows: 

Range cattle and horses 15 gallons per day per head 

Hogs and goals 2.5 gallons per day per head 

Sheep 1 .5 gallons per day per head 

Milch cows 30 gallons per day per head 

Hosing out dairy bam 35 gallons per day per head 

NOTE: Authority cited: Section 1058, Water Code. Reference: Section 275, 1240 
and 1252, Water Code. 

History 

1. Renumbering and amendment of Section 657 to Section 697 filed 1-16-87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg- 
isters 64, No. 6 and 55, No. 17. 

2. Editorial correction amending subsection (a)(2) (Register 2005, No. 17). 



§ 698. Action upon an Application for an Excessive 
Amount. 

An application for an amount of water clearly in excess of the capacity 
of the proposed diversion works or in excess of an amount reasonably 
necessary for the proposed use will not be approved and shall be reduced. 



In the event of uncertainty, a showing of need for and ability to divert ad- 
ditional water will be required of the applicant. 

NOTK: Authority cited: Sections 1058, Water Code. Reference: Section 2. Article 
X, California Constitution; and Section 275. Water Code. 

History 

1 . Renumbering and amendment of former Section 695 and amendment to Section 
695 filed 12- 1 -55; effective thirtieth day thereafter. Former Section 696 repeal- 
er filed 12-1-55; effective thirtieth day thereafter (Register 55. No. 17). 

2. Amendment filed 3-10-60; effective thirtieth day thereafter (Resister 60, No. 
5). 

3. Amendment filed 1 1-25-80; effective thirtieth day thereafter (Register 80, No. 
48). 

4. Renumbering and amendment of former Section 698 to Section 686, and renum- 
bering and amendment of Section 656 to Section 698 tiled 1 — 16-87: effective 
thirtieth day thereafter (Register 87, No. 10). 

5. Fditorial correcdon amending section (Register 2005. No. 17). 

§ 698.5. Separate Application for Frost Protection. 

NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 
1253, Water Code. 

History 

1. New section filed 10-12-79; effective thirtieth day thereafter (Register 79, No. 
41). 

2. Renumbering and amendment of Section 698.5 to Section 689 filed 1 16 87; 
effective thirtieth day thereafter (Register 87, No. 10). 

§ 699. Limitation upon Application and Right Obtained. 

Neither the amount of water applied for, not the season of di\ersion, 
as stated in the application as first filed can subsequently be increased in 
the application or in a permit or license issued on the application. 
NOTE: Authority cited: Section 1 058, Water Code. Reference: Section 1 450. Wa- 
ter Code. 

History 

1. New section filed 12-1-55; effective thirtieth day thereafter (Register 55. No. 
17). 

2. Amendment filed 3-19-64; effecfive thirtieth day thereafter ( Register 64. No. 
6). 

3. Renumbering and amendment of former Section 699 to Section 687, and renum- 
bering and amendment of Section 658 to Section 699 filed 1 - 16-87: cffectixc 
thirtieth day thereafter (Register 87, No. 10). 

§ 700. Approval of Applications for Partial Season of Use. 

When unappropriated water is not available to the applicant during the 
entire season for which the use of water is needed, an application may be 
approved for the portion of the season during which unappropriated wa- 
ter is available, provided the applicant first supplies to the board reason- 
able assurance that water can and will be obtained from an alternate 
source during the remainder of the season without impairing the prior 
rights of others. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1202, Wa- 
ter Code. 

History 

1. Renumbering of former Section 756 and amendment filed 12-1-55; effective 
thirtieth day thereafter (Register 55, No. 17). 

2. Renumbering and amendment of former Section 700 to Section 688. and renum- 
bering and amendment of Section 760 to Section 700 filed 1 — 16-87; effective 
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 71 , 
No. 48. 

§ 701 . Application by an Agency Representing a 
Combined Use. 

History 

1 . Renumbering and amendment of former Section 697 and amendment to Section 
701 filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17). 

2. Renumbering and amendment of Section 701 to Section 690 filed 1 16 87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). 

§ 702. Joint Applications. 

History 

1. Repealer and new secfion filed 12-1-55; effective thirtieth day thereafter (Reg- 
ister 55, No. 17). 

2. Repealer and new secfion filed 11-24-71; effective thirtieth day thereafter 
(Register 71, No. 48). 

3. Renumbering and amendment of Section 702 to Section 61 1 filed 1 16 87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). 



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§ 703. Joint Ownership of Places of Use. 

History 

1. Rcnuinbcrinii of former Section 755 and amendment filed 12-1-55: effective 
thirtieth day thereafter (Register 55, No. 17). 

2 . Repealer filed 1 1 -24-7 1 ; effecti ve thirtieth day thereafter ( Register 7 1 , No. 48 ). 



Article 6. Contents of Application and 
Instream Beneficial Use Assessment 

§ 705. Form of Application. 

An application for a permit to appropriate water shall be typewritten 
or legibly written in black ink, and filed in duplicate upon a printed form 
furnished by the board. 

NOTK: Authority cited: Section 1058, Water Code. Reference: Section 1252, Wa- 
ter Code. 

History 
1 . Renumbering and amendment of Section 650 to Section 705 filed 1-1 6-87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg- 
ister 74, No. 19. 

§ 706. General Requirements. 

(a) Applicants shall fill in each blank in the application. Supplements 
may be attached if there is insufficient space in the blanks of the printed 
form. If supplement is used it should be attached to the application and 
inarked "Supplement." The data included should be segregated into para- 
graphs with numbers corresponding to the paragraph numbers and titles 
of the printed form and should be properly cross-referenced to the form. 
The application and supplement should include all data and information 
required to describe the proposed appropriation and use of water. 

(b) The board may require the applicant to furnish a brief description 
of the project and its operation. 

(c) General statements and data other than as indicated on the form are 
not desired as a part of the application but can be submitted in an accom- 
panying letter which will be filed and made a part of the record. 
NoTE: Authority cited: Section 1058, Water Code. Reference: Section 1252, Wa- 
ter Code. 

History 
1 . Renumbering and amendment of Section 669 to Section 706 filed 1-16-87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). 

§ 707. Legal Nature, Name and Address of Applicant. 

If the applicant is other than a natural person, its legal nature shall be 
given (corporation, partnership, or other entity.) If the application is 
made by two or more persons, the name of each shall be given, and the 
address shall be supplied to which notices and other correspondence con- 
cerning any matter relating to the application may be mailed. Thereafter, 
notice mailed to that address will be considered notice to all. 
NOTE: Authority cited: Section 1 1058, Water Code. Reference: Sections 1252 and 
122.5, Water Code. 

History 

1. Repealer of former Section 707, and renumbering and amendment of Section 
669.5 to Section 707 filed 1-16-87; effective thirtieth day thereafter (Register 
87, No. 10). For prior history; see Register 64, No. 6. 

§ 708. Supplement to Application May Be Required. 

When directed by the board, the applicant shall supplement the appli- 
cation with a statement showing the maximum quantity of water, in acre- 
feet or other unit of measurement prescribed by the board, that will be 
beneficially used each month during the proposed season of use. 
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 275, 1240, 
1252 and 1253, Water Code. 

History 

1. Renumbering and amendment of Section 670.5 to Section 708 filed 1-16-87; 
effective thirtieth day thereafter (Register 87, No. 10). For prior history, see 
Register 64, No. 6. 

§ 709. Instream Beneficial Use Assessment. 

(a) The instream beneficial use assessment required by Water Code 
Section 1250.5 shall provide information including but not limited to: 
(1) design, construction and operation of the project; 



(2) in the area affected by the project: identification, and quantifica- 
tion, to the extent possible, of fish, wildlife and botanical resources; 
aquatic, riparian and terrestrial habitats; hydrology, including water 
quality and quantity relationships; geologic and soil resources; recre- 
ational demand; cultural resources; aesthetic values; specially desig- 
nated or protected species, habitats, areas, or stream sections; and lan- 
duse plans; 

(3) the applicant's preliminary findings on the flow regime necessary 
to protect existing resources and beneficial use levels, and assumptions 
and methodologies used to make this determination; 

(4) the applicant's assessment of the effect of the proposed project on 
existing resources and current beneficial use levels, and assumptions and 
methodologies used to make this determination. 

(h) The board shall develop a maiHng list in connection with such 
applications and make it available to the applicant within 30 days after 
the application is accepted and given a priority of right (as defined in Wa- 
ter Code Section 1450) so that applicants may contact the panics on the 
board's mailing list prior to beginning work on the instream beneficial 
use assessment to obtain their opinion as to the appropriate scope and 
content of the instream beneficial use assessment. 

(c) Applicants for water rights for small hydroelectric projects who are 
required by Water Code Section 1250.5 to do an instream beneficial use 
assessment must complete the Instream Beneficial Use Assessment 
Form. Tlie enUre Instream Beneficial Use Assessment Form for Small 
Hydroelectric Facilities, adopted by the board in June 1 98? is incorpo- 
rated by reference in this section. It may be obtained from the Division 
of Water Rights of the board. 

(1) The applicant should determine the depth of analysis required to 
complete the "Instream Beneficial Use Assessment Form" after an initial 
investigation that includes consultation with the appropriate local, state 
and federal agencies and other interested parties and organizations, 
which are identified on the board's mailing list. The applicant may also 
know other interested or potentially affected parties, who should be con- 
sulted. 

(2) Following consultation with resources management agencies and 
other interested parties, the applicant should develop a wriiten copy of 
work for completion of the "Instream Beneficial Use Assessment Form." 
The written scope of work must be submitted to the Division of Water 
Rights for staff review. Based upon the staff review, the Division may 
agree that the applicant should proceed with the instream beneficial use 
assessment, or alternatively, the Division may schedule a meeting or 
scoping session to enable the applicant, the responsible resource agen- 
cies and other interested and concerned parties to discuss informafion 
needs and make recommendations for a revised scope of work acceptable 
to the Division. 

(3) The following definitions are applicable to the Instream Beneficial 
Use Assessment Form: 

(A) "Bedload" refers to the particles in a stream channel that mainly 
move by jumping, sliding or roUing on or near the bottom of the stream. 

(B) "Bank-full capacity" refers to the rate of water flow that complete- 
ly fills a channel; i.e., the rate at which the water surface is level with the 
flood plain. The bank-full state is the most effecdve or dominate chan- 
nel-forming flow. 

(C) "Change in streamflow regime" see (CC) "Streamflow Regime, 
Change In," below. 

(D) "Critical area" refers to the terrestrial or riparian area on either side 
of the critical reach that is influenced by the amount of streamflow. 

(E) "Crifical reach" refers to that section of the stream extending either 
from the point of diversion or, if the project includes an impoundment, 
the most upstream point of the impoundment to the point of return. 

(F) "Critical riparian/wetland area" is the area on either side of the wa- 
ter course that is influenced by the amount of streamflow, and extends 
from the point of diversion or uppermost point of the impoundment, 
whichever is the highest upstream point, to the point of retu m. This area 
also includes stream influenced wetlands, including but not limited to 
wet meadows, marshes, swamps and overflow areas. 



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(G) "Deposition" refers to the laying down of materia! by erosion or 
transport by water. 

(H) "Ecosystem" refers to a complex system composed of a communi- 
ty of fauna and flora taking into account the chemical and physical envi- 
ronment with which the system is interrelated. 

(I) "Erosion" refers to a group of processes whereby earth or rock ma- 
terial is worn away, loosened or dissolved and removed from any part of 
the earth's surface. It includes the process of weathering, solution, corro- 
sion and transportation. 

(J) "Flood frequency curve" refers to a curve that plots over time the 
probability that floods of given magnitudes will recur. 

(K) "Full length of the stream," as used in the "Instream Beneficial Use 
Assessment Form," will vary with individual site settings and will be de- 
termined on a case-by-case basis. 

(L) "Groundwater recharge" refers to the addition to the water within 
the earth that occurs naturally from infiltration of rainfall and from water 
flowing over the earth materials that allow water to infiltrate below the 
land surface. 

(M) "Habitat" or "primary habitat" refers to the place where an organ- 
ism lives. 

(N) "Habitat, migration" refers to that area which individuals periodi- 
cally visit or through which individuals periodically pass on their way to 
another destination. 

(O) "Habitat type" refers to a naturally occurring assemblage of plants. 
(For example: aspen, grove, white alder/willow forest, willow thicket, 
meadow.) 

(P) "International Whitewater scale" refers to a scale developed by the 
American Whitewater affiliation which is used to rate the boating diffi- 
culty of a river. Sections of a river are rated on a scale of I to VI, with VI 
being the most difficult. 

(Q) "International scale of river difficulty": (If rapids on a river gener- 
ally fit into one of the following classifications, but if the water tempera- 
ture is below 50 degrees Fahrenheit, or if the trip is an extended trip in 
a wilderness area, the river should be considered one class more difficult 
than normal.) 

CLASS I. Moving water with a few riffles and small waves. Few or no 
obstructions. 

CLASS II. Easy rapids with waves up to 3 feet, and wide, clear chan- 
nels that are obvious without scouting. Some maneuvering is required. 

CLASS III. Rapids with high, irregular waves often capable of 
swamping an open canoe. Narrow passages that often require complex 
maneuvering. May require scouting from shore. 

CLASS IV. Long, difficult rapids with constricted passages that often 
require precise maneuvering in very turbulent waters. Scouting from 
shore is often necessary, and conditions make rescue difficult. Generally 
not possible for open canoes. Boaters in covered canoes and kayaks 
should be able to Eskimo roll. 

CLASS V. Extremely difficult, long, and very violent rapids with 
highly congested routes which nearly always must be scouted from 
shore. Rescue conditions are difficult and there is significant hazard to 
life in event of mishap. Ability to Eskimo roll is essential for kayaks and 
canoes. 

CLASS VI. Difficulties of Class V carried to the extreme of navigabil- 
ity. Nearly impossible and very dangerous. For teams of experts only, af- 
ter close study and with all precautions taken. 

(R) "Key species" refers to the species of concern in any given circum- 
stances. 

(S) "Landslides" refers to the failure of a slope in which the movement 
of the soil mass takes place along an interior surface of sliding. 

(T) "Mudflows" refers to a moving mass of almost liquid material or 
wet earth caused by rain. 

(U) "Nutrient transfer" refers to the transfer of nutrients from land to 
water through leaching and from water to land in times of floods. 

(V) "Primary habitat" refers to the primary place where an organism 
lives. 



(W) "Productivity" refers to the amount of living matter actually pro- 
duced by the unit being discussed. 

(X) "Change in streamflow regime" see (CC) "Streamflow Regime, 
Change In," below. 

(Y) "Riparian vegetation" refers to moisture-loving vegetation along 
a watercourse which is distinguished from other vegetation by its depen- 
dence on the combination of soil moisture and other environmental fac- 
tors provided by a permanent or intermittent stream. 

(Z) "Sediment transfer" refers to the quanUty of sediment measured in 
dry weight or by volume, transported through a stream cross section in 
a given time. Consists of both suspended load and bedload. 

(AA) "Slope stability" refers to an evaluation (almost always qualita- 
tive and expressed as a probability) of the tendency for the materials on 
or constituting a slope (e.g., rocks, soil, snow) to either remain in place 
or to move downhill. 

(BB) "Spoils" refers to loose rock, solid and vegetation debris, left 
from construction activities. 

(CC) "Streamflow regime, cange in" refers to the criteria which shall 
be considered in determining whether or not the project will change the 
streamflow regime, including but not limited to, the following: 

1 . Will the rate and volume of flow be changed? 

2. Will the water temperature be changed? 

3. Will there be changes in the concentration of dissolved oxygen? 

4. Will there be changes in the timing of water releases from any exist- 
ing water diversion or storage facility? 

(DD) "Structural characteristics" refers to the physical or life — form 
characteristics of the habitat type described in terms of the vertical pat- 
tern, including but not limited to overstory, understory or seedling tree, 
tall or low shrub, perennial or annual herb, and moss or lichen, and the 
horizontal pattern described in terms of age-class. 

(EE) "Suspended solids" refers to the small, solid particles in water 
that cause a cloudy condition. Particles of suspended sediment tend to 
settle at the channel bottom (settleable solids), but upward currents in tur- 
bulent flow counteract gravitational settling. 

(FF) "Substrate" refers to the base on which an organism lives. 

(GG) "Tailrace" refers to the channel, downstream of the draft tube, 
that carries the water discharged from the turbine. The draft tube is the 
discharge section of the turbine. 

(HH) "Turbidity" refers to a measure of the extent to which light pass- 
ing through water is reduced due to suspended materials. Excessive tur- 
bidity may interfere with light penetration and minimize photosynthesis, 
thereby causing a decrease in primary productivity. It may interfere di- 
rectly with essential physiological functions offish and other aquatic or- 
ganisms, making it difficult for fish to locate a good food source, and al- 
tering water temperature. 

(d) An instream beneficial use assessment shall be considered ade- 
quate when the Division of Water Rights has certified in writing, that: 

( 1 ) The applicant has filed with the Division of Water Rights 10 copies 
of the "Instream Beneficial Use Assessment Form," legibly typed, prop- 
erly executed, and has fully and adequately provided the information re- 
quired in the form as determined by the Division of Water Rights. 

(2) Within 10 days of the date the form is submitted to the board ( 1 ) 
the Division of Water Rights shall make copies available to resource 
management agencies, and (2) interested parties shall be notified of the 
availability of copies for examination at locations open to the public. This 
will include, at a minimum, two locations in the general area of the proj- 
ect, the Resources Agency Library, and Division of Water Rights head- 
quarters. Copies also may be purchased from the Division at the cost of 
reproduction. 

(3) The applicant has filed final and complete maps as required by the 
"Instream Beneficial Use Assessment Form," as determined by the Divi- 
sion of Water Rights. 

(e) Upon receipt of an instream beneficial use assessment, the division 
shall, within 90 calendar days, determine whether the assessment is ade- 
quate, taking into account the written scope of work, the discussion at the 



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scoping session, if one is lield, comments from other agencies and inter- 
ested parties, and uhetiier the assessment has met procedural require- 
ments. Board approval of tiie adequacy of the assessment does not consti- 
tute endorsement of the assessment's preliminary findings on 
streamflow regime. (0 When the division determines that an instream 
beneficial use assessment is adequate, it shall inform the applicant, in 
writing, of such determination. 

(g) If the division determines that an instream beneficial use asses- 
sment is inadequate, it shall, in writing, inform the applicant of that deter- 
mination, shall specify those parts of the assessment that are inadequate, 
and shall indicate the manner in which they can be made adequate. 

(h) To harmonize the provisions of Water Code Section 1250.5 with 
Article 5 of the Permit Streamlining Act (beginning with Government 
Code Section 65950) and the California Environmental Quality Act (be- 
ginning with Section 21000 of the Public Resources Code.): 

( 1 ) When an instream beneficial use assessment is required because a 
proposed project would change the streamflow regime, the one (or two) 
year time period within which the board must act pursuant to Water Code 
Section 1250.5 shall begin when a complete application has been filed 
and the Division of Water Rights has determined that the instream benefi- 
cial use assessment is adequate. 

(i) An instream beneficial use assessment form shall not be accepted 
for filing unless it is filed concurrently with or after the application for 
the water right permit for the project. 

(j) If there is a disagreement regarding any of the following which can- 
not be resolved at the division level: 

( 1 ) whether the streamflow regime will be changed and, therefore an 
instream beneficial use assessment required; 

(2) the scope or content of the instream beneficial use assessment re- 
quired from the applicant; 

(3) the adequacy of an instream beneficial use assessment submitted 
by an applicant; then, within 30 days from the date of the staff determina- 
tion any person may petition the board in writing to resolve the matter. 
Within 30 days following receipt of the pefition, the Division of Water 
Rights shall schedule the matter for a workshop for a determination by 
the board. The board may either resolve the issue at the workshop or 
schedule a hearing on the matter. 

NOTH: Authority cited: Section 1058, Water Code. Reference: Sections 106.7 and 
1250.5, Water Code; and Section 21069, Public Resources Code. 

History 

1. Renumbering and amendment of Section 670.6 to Section 709 filed 1-16-87; 
effective thirtieth day thereafter (Register 87, No. 10). For prior history, see 
Register 83, No. 32. 

2. Editorial correction amending subsections (c)(2), (c)(3)(N), (c)(3)(W), 
(c)(3)(Z), (d)(1), (d)(2) and (h)(r) (Register 2005, No. 17). 

§ 71 0. Signature of Applicant. 

The applicafion and all other wriUngs shall be signed by the applicant 
or an authorized agent. The board shall presume that any person, other 
than an applicant, who signs an application or other writing is an autho- 
rized agent. The presumpfion shall be overcome if the board may be 
charged with actual knowledge that the person signing has no authority 
to do so. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Section 1252 and 
1260, Water Code. 

History 
1. Renumbering and amendment of Section 671 to Section 710 filed 1-16-87; ef- 
fective thirtieth day thereafter (Register 87, No. 1 0). For prior histoi7, see Reg- 
ister 79, No. 20. 

§ 71 1 . Documents That Must Be Sworn To. 

Applications and accompanying statements, including information re- 
quired by Section 731, reports required of permittees and licensees and 
petitions for extension of time and for changes, shall be certified as true 
under penalty of perjury in accordance with Section 2015.5 of the Code 
of Civil Procedure. 

NoTE: Authority cited: Section 1058, Water Code. Reference: Section 1051, 
1075, 1080, 1100, 1105 and 1252, Water Code. 



History 
1 . Renumbering and amendment of Section 654 to Section 7 1 1 filed 1-1 6-87: ef- 
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg- 
ister 73, No. 41. 

§712. Issuance of Notice by Board. 

History 

1. Amendment filed 3-10-60: effective thirtieth day thereafter (Resister 60. No. 
5). 

2. New subsection (b) filed 3-7-73; effective thirtieth day thereafter Register 73, 
No. 10). 

3. Renumbering and amendment of Section 712 to Section 684 filed 1-16-87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). 

§713. Effect of Issuance of Notice. 

History 

1. New section filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 
5). 

2. Renumbering and amendment of Section 713 to Section 685 filed 1 -16-87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). 

§ 714. Application for Permit to Appropriate Water from 
Wild and Scenic Rivers. 

History 

1. New section filed 5-1 1-73; effective thirtieth day thereafter (Register 73. No. 
19). For history of former section, see Register 64, No. 6. 

2. Repealer filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). 



Article 7. Map Requirements 

§715. General Requirements. 

(a) A general project map and one copy of suitable scale on a sheet not 
larger than 28 inches by 40 inches or smaller than 8-1/2 inches by 1 1 in- 
ches shall be filed in connection with each apphcafion. This map shall be 
neatly and accurately drawn and should show the source from which wa- 
ter is to be taken, all dams, main conduits, reservoirs and other facilities, 
the important streams and tributaries in the area, the place of use, and any 
other features necessary for ready identification and understanding of the 
project. 

(b) The map shall show the lines of the public land survey by 40 — acre 
subdivision, secUon and township if the area is secUonalized. If the area 
is not secUonized the nearest lines of the public land survey tc or across 
the project area should be extended as if it were surveyed. The lines of 
any other recorded survey may be used to describe the project, provided, 
the relaUon to the lines of the nearest adjacent public land survey is 
shown. 

(c) Points of original diversion, and of rediversion from any natural 
stream, must be shown either by ( 1 ) bearing and distance or co-ordinate 
distances from some comer of a recorded survey if such a corner exists 
within a distance of two miles; (2) bearing and distance or co-ordinate 
distances from some permanent monument or a natural object which can 
be readily found and recognized, such as the confluence of tv/o known 
streams; or (3) co-ordinates and zone of the California Co-ordinate Sys- 
tem. 

(d) The place of use shall be identified by reference to 40-acre subdivi- 
sion, section, township, range and meridian of the public land survey or 
projection thereof, or by reference to the smallest subdivision of some 
other recorded survey if more commonly used within the project area ex- 
cept as otherwise provided in Secfion 719. If described by reference to 
some other recorded survey, the lines of the public land survey, or projec- 
tion thereof, should be shown. The 40-acre subdivisions of tie public 
land survey will be assumed regular unless it be shown otherv/ise. 
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1252, 
1260 and 1261, Water Code. 

History 

1 . Renumbering and amendment of former Section 7 1 5, and renumbering and 
amendment of Section 673 to Section 715 filed 1-16—87; effective thirtieth 
day thereafter (Register 87, No. 10). For prior history, see Registers 73, No. 19 
and 60, No. 5. 

2. Editorial correction amending subsection (c) (Register 2005, No. 17). 



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§ 71 6. Maps for Minor Projects. 

For minor projects smaller than those specified in Section 717, the 
hoard will provide blank township plats upon which the maps may be 
submitted or the required information may be submitted on U.S.G.S. 
quadrangle or topographic maps. 

NOTH; Authority cited: Section 1058, Water Code. Reference: Sections 1252, 
1260 and 1261. Water Code. 

History 

1 . Repealer of former Section 716, and renumbering and amendment of Section 
679 to Section 7 1 6 filed 1-1 6-87; effective thirtieth day thereafter (Register 87, 
No. 10). For prior history, see Register 73, No. 19 and 67, No. 49. 



§ 71 7. Maps for Larger Projects. 

The following additional maps are required for ( 1 ) appropriating more 
than three cubic feet per second, or (2) constructing a dam which will be 
under the jurisdiction of the Department of Water Resources for safety, 
as defined in Sections 6002 and 6003 of the Water Code, or (3) creating 
a reservoir with a surface area in excess often acres, or (4) appropriating 
more than 1 ,000 acre-feet per annum by underground storage. (For good 
cause, the Chief, Division of Water Rights may waive the following re- 
quirements for projects defined in (3) above.) 

(a) Maps shall be submitted which were prepared by a civil engineer 
or land surveyor registered or licensed in the State of California. 

(b) An original map and one copy are required. The original shall be 
accurately and permanently rendered to a suitable scale on linen, mylar 
or equivalent material; the other may be a print thereof. 

(c) All maps shall be titled, show the meridian and scale and bear the 
California certificate and registration number of the engineer or survey- 
or. The certificate shall: state the name and address of the person making 
the certificate and whether the map was prepared by him or under his su- 
pervision; indicate the source of the information shown thereon, includ- 
ing the dates of actual surveys if such were made; certify that it correctly 
represents the works described in the accompanying application, the lo- 
cation of streams and ditches in the immediate vicinity, and the acreage 
to be irrigated; be concluded by the date, signature, and California certifi- 
cate number of the engineer or surveyor. The following example is a typi- 
cal cerfificate: 

CERTIFICATE OF ENGINEER (SURVEYOR) 

I, John Doe, of 100 Main Street, Sacramento, California, do hereby 
cerfify that this map was prepared by me from notes taken during an ac- 
tual survey made by me (or under my immediate supervision) on 
, 20 , (and/or from U.S. Geological Sur- 
vey 7.5-minute Lincoln and Roseville Topographic quadrangles,) and 
that it correctly represents the project described in the accompanying 
application and shows the location of streams and ditches in the immedi- 
ate vicinity. 

/s/ John Doe 



(date) 

California Civil Engineer (Surveyor) Certificate No. 

(d) Contour maps of surface reservoirs shall be submitted with contour 
intervals not greater than: 

Height of dam Maximum contour interval 

300 feet or over 40 feet 

100 feet or over, but less than 300 feet 20 feet 

30 feet or over, but less than 100 feet 10 feet 

Less than 30 feet 5 feet 

For dams less than five feet high, the high water contour shall be 
shown and the elevation of the maximum and minimum water surfaces 
shall be stated. 

(e) All contour maps shall show the high water line and state the eleva- 
tion thereof, and include an area-capacity curve or table. 

NOTH: Authority cited: Section 1058, Water Code. Reference: Sections 1252, 
1260 and 1261, Water Code. 



History 

1 . Repealer of former Section 717, and renumberine and amendment of Section 
680 to 7 17 filed 1-1 6-87; effective thirtieth day thereafter (Register 87. No. 10). 
For prior history, see Registers 80, No. 48 and 7.3. No. 19. 

2. Change without regulatory effect amending subsection (c) filed 9-25-2002 pur- 
suant to section 100, title 1, Caiifomia Code of Regulations (Register 2002. No. 
39). 

§ 718. Requirements for Municipal Purposes. 

Maps accompanying applicafions for municipal purposes shall show 
the location of the place of use by outer boundaries. Sections and town- 
ships of the public land survey or projections shall be superimpo.sed upon 
the map. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1252, 
1260 and 1261, Water Code. 

History 
1. Renumbering and amendment of Section 677 to Section 718 filed 1-16-87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg- 
ister 55, No. 1 7. 

§ 719. Requirements for Irrigation Purposes. 

Where irrigation is proposed by a public district organized under stat- 
ute, a public utility, or a mutual water company, the exterior boundaries 
of the general service area may be shown in lieu of compliance with the 
provisions of Section 715(d). Where irrigation of very large areas is pro- 
posed, the board may, in its discretion, waive compliance with the provi- 
sions of Section 715(d) and accept as sufficient an identification of the 
exterior boundaries of the general area to be irrigated. 
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1252, 
1260 and 1261, Water Code. 

History 

1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55. No. 
17). 

2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 
5). 

3. Editorial correction (Register 60, No. 8). 

4. Amendment of subsection (e) filed 5-9-74; effective thirtieth day thereafter 
(Register 74, No. 19). 

5. Renumbering and amendment of former Section 7 1 9 to Section 745. and renum- 
bering and amendment of former Section 674 to Section 7 1 9 filed 1 - 1 6 87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). 

§ 719.5. Claim of Right Without Compliance with Statutory 
Procedure. 

History 

1. New section filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 
17). 

2. Renumbering and amendment of former Section 719.5 to Section 746, filed 
1-16-87; effective thirtieth day thereafter (Register 87, No. 10). 

§ 720. Requirements for Power Purposes. 

(a) Maps accompanying applications for power purposes shall show 
the point of diversion, the conduit, penstock and power house and, the 
point at which the water is returned to the stream. 

(b) Applicants applying for more than 3 cubic feet per second direct 
diversion or 200 acre-feet per annum, shall submit a profile of the pen- 
stock on which appears in figures, the elevafion of the nozzle if an im- 
pulse wheel is to be used, or the elevation of the water surface at the draft 
tube if a reaction wheel is to be used, and the elevation of the first free 
water surface above the penstock. The difference between these two ele- 
vations must equal the total fall to be ufilized. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1252, 
1260, 1261 and 1531, Water Code. 

History 

1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 
5). 

2. Renumbering and amendment of former Section 720 to Section 747 and 753, 
and renumbering and amendment of Section 675 to Section 720 filed 1-16-87; 
effective thirtieth day thereafter (Register 87, No. 10). For prior history, see 
Register 78, No. 9. 

§ 721. Requirements for Mining Purposes. 

Maps accompanying applicafions for mining purposes shall show the 
location of the claims and of the mill if water is to be used in a mill. If 
water is returned to the stream, the point of return shall be shown. 



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NOTi;: Authority cited: Section 1058, Water Code. Reference: Sections 1232, 

1260 and 1261, Water Code. 

History 

1 . Renumbering and amendment of former Section 72 i to Section 748, and renum- 
bering and amendment of Section 676 to Section 721 filed 1 — 16-87; effective 
thirtieth day thereafter (Register 87, No. 1 0). For prior history, see Registers 79, 
No.2 and 76, No. 36. 

§ 722. Maps for Underground Storage. 

Maps accompanying applications for underground storage shall show 
the location of points of diversion or rediversion to underground storage, 
the conduit system, the areas, estimated capacities and locations of 
spreading grounds, the areas, capacities, and locations of underground 
reservoirs, and the places of measurement of water diverted to under- 
ground storage, and the place of use. 

NOTH: Authority cited: Section 1058, Water Code. Reference: Sections 1252, 
1260 and 1261, Water Code. 

History 

1. Amendment filed 12-1-55; effective thirtieth day thereafter (Resister 55, No. 
17). 

2. Amendment filed 3-10-60; effective thirtieth day thereafter (Reeister 60, No. 

5). 

3. Renumbering and amendment of former Section 722 to Section 749, and renum- 
bering and amendment of Section 689 to Section 722 filed 1 — 16-87; effective 
thirtieth day thereafter (Register 87, No. 10). 

§ 722.5. Abandonment of Protest. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Part 2, Division 2, 
Water Code. 

History 

1. New section filed 9-3-76, effective thirtieth day thereafter (Reeister 76, No. 
36). 

2. Renumbering and amendment of former Section 722.5 to Section 750 filed 
1-16-87; effective thirtieth day thereafter (Register 87, No. 10). 

§ 723. Requirements for Other Purposes. 

(a) Maps for applications for industrial purposes outside of a munici- 
pality or for domestic, recreational, stockwatering, or other purposes not 
named herein, shall show the location of the place of use by sections, 
township and range of the public land survey and the 40-acre subdivision 
thereof 

(b) Maps accompanying applications for domestic use within subdivi- 
sions, forest service tracts, etc., shall show the place of use by tract name 
or number and lot numbers as well as by 40-acre subdivision, section, 
township, and range. 

(c) If the place of use is in an area not covered by a public land survey, 
the nearest lines of the public land survey should be extended and shown 
on the map. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1252, 
1260 and 1261, Water Code. 

History 

1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 
5) 

2. Renumbering and amendment of former Section 723 to Section 751 , and renum- 
bering and amendment of Section 678 to Section 723 filed 1 — 16-87; effective 
thirtieth day thereafter (Register 87, No. 10). 

3. Editorial correcfion amending subsection (b) (Register 2005, No. 17). 

§ 724. Filing and Application Without Maps — When 
Allowed. 

For preliminary purposes, the application may be filed without maps 
or with such maps as are within the present ability of applicant to supply. 
NOTE; Authority cited: Section 1058, Water Code. Reference: Sections 1052, 
1260 and 1261, Water Code. 

History 

1. Amendment filed 3-19-64; effecfive thirtieth day thereafter (Register 64, No. 
6). 

2. Renumbering and amendment of former Section 724 to Section 752, and renum- 
bering and amendment of Section 681 to Section 724 filed 1 — 16-87; effective 
thirtieth day thereafter (Register 87, No. 10). 



§ 725. Deferral of CEQA Documents. 

NOTH: Specific authority cited: Sections 1058 and 13991(g), Water Code. Specif- 
ic reference cited: Part 2, Division 2, Chapters 3-5, 8 and \^. Division 7, Water 
Code; and Divisions 1-2. Title 7, Government Code. 

History 

1. New section filed 8-1-78; effective thirtieth day thereafter (Redster 78, No. 
31). 

2. Repealer filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). 

§ 728. Board May Conduct — Co-Operation by Parties. 

History 

1 . Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 
17). 

2. Amendment filed 3-10-60: effective thirtieth day thereafter (Register 60, No. 
5). 

3. Renumbering and amendment of Section 728 to Section 755 filed 1-16-87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). 

§ 729. Benefits and Detriments; Alternative Projects. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Chapter 6, Part 2, 
Division 2, Water Code. 

History 

1 . New section filed 3-27-75; effective thirtieth day thereafter (Register 75, No. 
13). 

2. Renumbering and amendment of Section 729 to Section 756 filed 1-16-87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). 



Article 8. Special Situation Applications 

§ 730. Adding Power Plants to Existing Works. 

(a) Persons having a permit or hcense for the use of water may petition 
the board to add power use to the permit or license as a beneficial use 
when the use of water for power can be accomplished v/ith no change in 
the streamflow regime. 

See Section 799 concerning petition for change to allow the addition 
of power plants to existing works. 

(b) A new application must be filed when: 

(1 ) Use of the water for power will change the stream flow regime; or 

(2) The applicant does not have a permit, license or other legal right 
to the water to be appropriated; or 

(3) The applicant has a permit or license, but additional water will be 
used above the maximum amount of water allowed under the existing 
permit or license. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Secuons 106.7, 
110, 1200, 1250.5, 1252, 1490 and 1491, Water Code. 

History 
1 . New Section filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 
10). For history of former Section 730, see Register 60, No. 8. 

§ 731. Applications for Water Where an Existing Right Is 
Claimed. 

(a) A person who claims an existing right to the use of water shall be 
granted a permit or license to appropriate no more water than is needed 
over that which is available under the existing right to meet the beneficial 
use requirements of the project. In implementing this requirement, the 
board will accept an application for an amount of water equal to the total 
reasonable requirements of a project where the existing right asserted for 
a common place of use has not been adjudicated or otherwise finally de- 
termined. Any permit or license issued by the board pursuant to such an 
application shall contain a condition which will limit the quantity of wa- 
ter appropriated under the permit or license to the face value of the permit 
or license less any water available under an existing right subsequently 
determined to exist for the same place of use in any adjudication or other 
legally binding proceeding. 

(b) Where an applicant claims an existing right to the use of water 
within the proposed place of use, the applicant shall describe the nature, 
amount, season, points of diversion and place of use of such claim togeth- 
er with the priority asserted. If the exisfing right is evidenced by a court 
decree or other legally binding document, the applicant shall submit a 
copy of such document unless the board already has a copy in i:s records. 

(c) Any person who obtains a permit or license for a particular place 
of use and thereafter transfers an existing water right for the same place 



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• 



of use to another place of use without the prior approval of the board shall 
forfeit all rights under the permit or license. 

(d) Any person who obtains a permit or license for a particular place 
of use without claiming an existing water right for the same place of use 
and who thereafter exercises a claimed existing right for that place of use 
without the prior approval of the board shall forfeit all rights under the 
permit or license. 

(e) Any permit or license issued to a person who claims an existing wa- 
ter right for the same place of use shall contain a term requiring the per- 
mittee or licensee to take and use water under the existing right only in 
accordance with law. The permittee or licensee will then be subject to en- 
forcement action by the board for violation of this permit term if the per- 
mittee or licensee takes water for there is no entitlement under the exist- 
ing right in combination with the permit or license. 

(0 Any person who has previously obtained a permit or license con- 
taining a term obligating the permittee or licensee to waive an existing 
right for so long as the permit or license remains in effect may have this 
term deleted upon agreement to be subject to the provisions of subsec- 
tions (a) through (e) of this section. 

NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 
2. Article X, California Constitution; and Sections 100, 275, 1201, 1202, 1253, 
1255, 1375, 1410, 1675 and 1701, Water Code. 

History 

1. Amendment filed 3-10-60; effective thirtieth dav thereafter (Register 60, No. 
5). 

2. Amendment filed 3-19-64; effective thirtieth day thereafter (Reeister 64, No. 
6). 

3. Renumbering and amendment of former Section 73 1 to Section 766, and renum- 
bering and amendment of Section 653(b) to Section 731 filed 1-16-87; effec- 
tive thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 

81, No. 11. 

§ 732. Relationship of Applicant and User. 

(a) Filing for Service of a Subdivision. If the applicant is the owner of 
a subdivision and intends merely to construct and operate the diversion 
system pending the time that the purchasers of the lots can themselves 
take over and manage the diversion system, the conditions under which 
title to the water right shall pass to the purchasers must be clearly estab- 
lished. 

(b) Establishment of Relationships. When the applicant will not use 
the water to be appropriated, but will distribute or supply it to others, the 
relationship between applicant and the water users must be clearly estab- 
lished. 

(c) Jurisdiction of Public Utilities Commission. The board may require 
sufficient information to indicate whether a proposed distribution of wa- 
ter will be subject to the jurisdiction of the Public Utilities Commission. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1253 and 
1375, Water Code. 

History 

1. Amendment filed 3-10-60; effecfive thirtieth day thereafter (Register 60, No. 
5). 

2. Amendment filed 12-15-72; effecfive thirtieth day thereafter (Register 72, No. 
51). 

3. Renumbering and amendment of former Secfion 732 to Section 763, and renum- 
bering and amendment of Sections 754, 755 and 756 to Sections 732 filed 
1-16-87; effective thirtieth day thereafter (Register 87, No. 10). 

4. Editorial correcfion amending subsecfion (a) (Register 2005, No. 17). 

§ 733. Underground Storage. 

Applications proposing underground storage shall include the follow- 
ing information upon a form that will be supplied by the board: 

(a) The location of each point where it is proposed to divert or redivert 
water from a natural channel to spreading grounds away from the stream, 
or to take water under control for direct percolation into the stream chan- 
nel. All locations shall be described in the manner detailed in Section 
715(c). 

(b) A description of the physical works used to divert and convey the 
water and to accomplish the underground storage, including the head- 
works, conduits and spreading grounds; the capacities of the conduits and 
spreading grounds; the underground reservoirs, including the projected 



surface areas and capacities thereof; and the method and points of mea- 
surement of the water diverted to and withdrawn from underground stor- 
age. 

(c) In event an application proposes both surface diversion and under- 
ground storage, the appropriate paragraph of the regular form shall be 
completed regarding surface diversion and in addition the underground 
features shall be described in the special form as provided in this section. 
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1252. 
1260 and 1261, Water Code. 

History 

1 . Amendment of subsection (0 filed .5-1 1-73; effective thirtieth day thereafter 
(Register 73, No. 19). For prior history, see Register 71, No. 48. 

2. Amendment of subsection (a) filed 3-3-78; effective thirtieth day thereafter 
(Register78, No. 9). 

3. Repealer of subsection (0 filed 7-6-79; effective thirtieth day thereafter (Regis- 
ter 80, No. 3). 

4. Renumber of subsections (g), (h), (i), (j), and (k) to (f). (g), (h), (i), and (j) filed 
1-16-80 as procedural and organizafional, effective thirtieth day thereafter 
(Register 80, No. 3). 5. Renumbering and amendment of ibrmer Section 733 to 
Section 761, and renumbering and amendment of Secfion 688 to Secfion 733 
filed 1 — 16-87; effective thirtieth day thereafter (Register 87, No. 10). 

§ 733.5. Witnesses and Exhibits. 

NOTE: Authority cited: Secfion 185 and 1058, Water Code. Reference: Sections 
183 and 1051, Water Code. 

History 

1. New secfion filed 7-6-79; effective thirtieth day thereafter (Reeister 79, No. 
27). 

2. Renumbering and amendment of Secfion 733.5 to Secfion 762 filed 1-16 87; 
effecfive thirtieth day thereafter (Register 87, No. 10). 

§ 734. Applications Within the California Wild and Scenic 
Rivers System. 

(a) No application which proposes an appropriation of water in con- 
nection with construction of a dam, reservoir, or other water impound- 
ment facility on any river designated in Public Resources Code Section 
5093.54 will be accepted for filing. 

(b) An application which proposes an appropriation of water which 
could affect any river designated in Pubhc Resources Code Section 
5093.54. will be accepted for filing. The Secretary of the Resources 
Agency will be provided special notice of any such application. 

No permit shall be issued if the board finds that the appropriation 
would impair the extraordinary scenic, recreational, fishery, or wildlife 
values of any such designated river. 

(c) An application which proposes an appropriation of water in con- 
nection with construction of a water diversion facility on any river desig- 
nated in Public Resources Code Section 5093.54, other than a dam, reser- 
voir, or other water impoundment facility, will be accepted for filing; 
provided, no permit shall be issued on any such application unless the 
Secretary of the Resources Agency first determines ( 1 ) that such facility 
is needed to supply domestic water to the residents of the county or coun- 
ties through which the river flows, and (2) that such facility will not ad- 
versely affect its free-flowing condition or natural character. Such deter- 
mination shall be in addition to other findings which the board is required 
by law to make. 

NOTE; Authority cited: Secfion 1058, Water Code. Reference: Sections 5093.55, 
5093.56 and 5093.61, Public Resources Code; and Secfion 1252, Water Code. 

History 

1. New Secfion filed 1-16-87; effective thirtieth day thereafter (Register 87. No. 
10). For history of former Secfion 734, see Registers 78, No. 9, 7l No. 43, and 
60,No. 5. 

2. Editorial correcfion of Note (Register 2002, No. 39). 

§ 735. Napa River, Special. 

(a) Budding grape vines and certain other crops in the Napa Valley 
may be severely damaged by spring frosts. During a frost, the high instan- 
taneous demand for water for frost protection by numerous vineyardists 
and other water users frequently exceeds the supply in the Napa River 
stream system. This results in uncoordinated diversions and possible in- 
fringements upon other rights. Therefore, all diversions of water from the 
stream system between March 15 and May 15 determined lo be signifi- 
cant by the board or a court of competent jurisdiction shall be considered 
unreasonably and a violation of Water Code Section 100 unless con- 



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trolled by a watcrmastcr administering a board or court approved distri- 
bution program. Diversions for frost protection and irrigation during this 
period shall be restricted to: (I) replenishment of reservoirs filled prior 
to March \5 under an appropriative water right permit, or (2) diversions 
permitted by the court. 

(b) The service area of the distribution program may be revised at any 
time by order of the board or the court. The board will retain jurisdiction 
to revise terms and conditions of all frost protection permits should future 
conditions warrant. 

(c) Under this section diversion of water during the spring frost season 
from March 15 to May 1 5 to replenish water stored in reservoirs prior to 
the frost season is "regulation," as defined in Article 2. Section 657: Re- 
plenishment diversion must be to reservoirs for which a permit or license 
authorizing winter storage prior to the frost season has been issued. 
Note: Authority cited: Section 1058, Water Code. Reference: Section 2, Article 
X, California Constitution: and Sections 100, 275 and 1051 .5. Water Code. 

History 

1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 
5). 

2. Amendment filed 7-6-79; effective thirtieth day thereafter (Reeister 79, No. 

27). 

3. Repealer of former Section 735, and renumbering and amendment of former 
Sections 659 and 660 to Section 735 filed 1-16-87; effective thirtieth day there- 
after (Register 87, No. 10). For prior history, see Register 79, No. 41. 

4. Editorial cortection amending subsection (a) (Register 2005, No. 17). 

§ 736. Petitions for Assignment or Release from Priority of 
Applications Filed Pursuant to Part 2, of 
Division 6, Sections 10500 et seq. of the Water 
Code. 

(a) Petitions for assignment or release from priority of an application 
filed pursuant to Section 10500 of the Water Code need not be in any par- 
ticular form. 

(b) Petitions for assignment must be submitted in duplicate and, if the 
application is not complete, must include a proposed completed applica- 
tion which complies with the requirements set forth in Articles 1 through 
7 and Article 10 of this subchapter, to the extent each is applicable. 

(c) A petition for assignment or release from priority will not be ac- 
cepted for filing unless it is accompanied by the filing fee required by 
chapter 5 (commencing with section 1061) of this division. 

(d) If the proposed completed application fails to conform with legal 
requirements, it will be returned to the petitioner with a statement of the 
defects. 

NOTE: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 
1252, 1260, 1525, 19594 and 10504.1. Water Code. 

History 

1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 
5). 

2. Renumbering and amendment of former Section 736 to Section 765, and renum- 
bering and amendment of Section 800 to Section 736 filed 1 — 16-87; effective 
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 78, 
No. 9. 

3. Amendment of subsection (c) and Note filed 1 2-23-2003 as an emergency; op- 
erative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 
this rulemaking action remains in effect until revised by the State Water Re- 
sources Control Board. 

§ 736.1 . Hearings in Response to Drought Emergency 
Conditions. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Section 275 and Di- 
vision 2, Water Code. 

History 

1 . New section filed 1-31-77 as an emergency; effective upon filing (Register 77, 
No. 6). 

2. Certificate of Compliance filed 4-20-77 (Register 77, No. 17). 

3. Renumbering and amendment of Section 736.1 to Section 767 filed 1-16-87; 
effective thirtieth day thereafter (Register 87, No. 10). 

§ 737. Time of Filing Petitions. 

Two or more petitions for assignment or release from priority of the 
same application will be considered on their merits without regard to 
which was filed first. 



NOTE: Authority cited: Section 1058, Water Code. Reference: Section 10504.01, 
Water Code. 

History 

1. Amendment filed 12-1-55; effecfive thirtieth day thereafter (Register 55, No. 
17). 

2. Amendment filed 3-10-60; effecfive thirtieth day thereafter (Register 60, No. 
5). 

3. Renumbering and amendment of former Section 737 to Section 760, and renum- 
bering and amendment of former Section 801 to Secfion 737 filec 1-16-87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg- 
ister 65. No. 20. 

4. Bditorial connection amending section (Register 2005. No. 17). 

5. Change without regulatory effect amending secfion filed 4-6-2007 pursuant to 
sectio^n 100, title h California Code of Regulations (Register 2007, No. 14). 

§ 737.1. Reconsideration of Board Decisions and Orders. 

History 
1. Renumbering and amendment of Secfion 737.1 to Section 768 filed 1-16-87; 
effective thirtieth day thereafter (Register 87, N. 10). For prior his.ory, .see Reg- 
ister 75. No. 21. 

§ 737.2. Petition for Reconsideration. 

History 
1. Renumbering and amendment of former Secfion 737.2 to Section 769 filed 
1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior histo- 
ry, see Register 75, No. 21. 

§ 737.4. Board Action. 

History 
1. Renumbering and amendment of Secfion 737.4 to Secfion 770 filed 1-16-87; 
effective thirtieth day thereafter (Register 87, No. 10). For prior history, see 
Register75, No. 21. 

§ 737.5. Procedure Relating to Hearings. 

History 

1. Renumbering and amendment of Secfion 737.5 to Section 771 filed 1-16-87; 
effective thirtieth day thereafter (Register 87, No. 10). For prior history, see 
Register 75, No. 21. 

§ 738. Protests to Petitions. 

Protests to either a pefifion for assignment or release from priority or 
to a proposed completed applicadon must be submitted within the dme 
stated in the notice issued by the board or such further time as may be al- 
lowed for cause by the board. 

NOTE: Additional authority cited: Section 1058, Water Code. Reference: Section 
10504.01, Water Code. 

History 

1. Amendment filed 12-1-55; effecfive thirtieth day thereafter (Register 55, No. 
17). 

2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 
5). 

3. Renumbering and amendment of former Section 738 to Section 79 1 , and renum- 
bering and amendment of Section 802 to Section 738 filed 1 — 16-87; effective 
thirtieth day thereafter (Reeister 87, No. 10). For prior history, sec Register 65, 
No. 20. 

§ 738.5. Nature of Action. 

History 

1 . New secfion filed 3-19-64; effecfive thirtieth day thereafter (Register 64, No. 
6). 

2. Renumbering and amendment of former Secfion 738.5 to Secfion 792 filed 
1-16-87; effective thirtieth day thereafter (Register 87, No. 10). 

§ 739. Hearings of Petitions for Release from Priority. 

Whenever pracficable, the hearing of a petition for release from prior- 
ity will be combined with the hearing of the application in favor of which 
the release is requested. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1252, 
10504.01, 10504.02 and 10504.1, Water Code. 

History 

1. New secfion filed 12-1-55; effecfive thirtieth day thereafter (Register 55, No. 
17). 

2. Renumbering from 738.5 and amendment filed 3-10-60; effective thirtieth day 
thereafter (Register 60, No. 5). 

3. Amendment filed 3-19-64; effecfive thirtieth day thereafter (Register 64, No. 
6). 

4. Renumbering and amendment of former Secfion 739 to Secfion 793, and renum- 
bering and amendment of Secfion 803 to Secfion 739 filed 1 — 16-87; effective 



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§ 750 



thirtieth dav thereafter (Reeister 87, No. 10). For prior history, see Reeister 65, 

No. 20. 

§ 740. Maps and Data Required. 

History 

1. Amendinent tiled 12-1-55; effective thirtieth day thereafter (Register 55, No. 
17). 

2. Renumbering from 739 and amendment filed 3-10-60; effective thhiieth day 
thereafter (Register 60, No. 5). 

3. Renumbering and amendment of Section 740 to Section 714 filed 1-16-87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). 

§ 741 . Notice of Petition. 

History 

1 . Renumbering from 740 and amendment filed 3-10-60; effective thirtieth day 
thereafter ( Register 60, No. 5). For history of former Section 741, see Register 
60. No. 5. 

2. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No. 
5). 

3. Renumbering and amendment of Section 741 to Section 795 filed 1-16-87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). 

§ 742. Procedure on Petitions. 

History 

1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 
5). 

2. Renumbering and amendment of Section 742 to Secfion 796 filed 1-16-87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). 

§ 743. Changes Prior to Notice of an Application. 

History 

1 . New section filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 
5). 

2. Renumbering and amendment of Section 743 to Section 797 filed 1-16-87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). 

§ 744. Changes to Cover Incidental Uses of a Reservoir. 

History 

1. New section filed 3-19-64; effective thirtieth day thereafter (Register 64, No. 
6). 

2. Amendment filed 1 2-7-67 as organizational and procedural; effecdve upon fil- 
ing (Register 67, No. 49). 

3. Renumbering and amendment of Section 744 to Section 798 filed 1-16-87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). 



Article 9. Protests and Answers 

§ 745. Protest Requirements. 

Protests shall be submitted in writing with a duplicate copy to the 
applicant and shall substantially comply with the following require- 
ments. 

(a) Each protest shall include the naine and address of the protestant 
and show that the protestant has read either the application or the related 
notice. 

(b) If the protest is based on interference with a prior right, there shall 
be an allegation of specific injury to protestant which will result from the 
proposed appropriation. The protest shall state the basis of protestant' s 
claim of right to use water and when the use began, the use which has 
been made in recent years, and present use. The location of protestant' s 
point of diversion shall be described with sufficient accuracy so that the 
position thereof relative to the point of diversion proposed by applicant 
may be determined. 

(c) The allegation that the proposed appropriation would not be within 
the board's jurisdiction, would not best conserve the public interest or 
public trust uses, would have an adverse environmental impact, or would 
be contrary to law shall be accompanied by a statement of facts support- 
ing the allegation. 

(d) Protestant should call attention to any amendment of the applica- 
tion or other grounds for settlement which, if agreed upon, would result 
in withdrawal of the protest. 

(e) The protest shall indicate the manner in which service upon the 
applicant of a duplicate copy of the protest has been made. 



NOTE; Authority cited: Section 1058. Water Code. Reference: Sections 1330 and 
1331, Water Code; and National Audubon Society' v. Superior Court of Alpine 
County. 33 Cal.3d 419, 1 89 Cal.Rptr. 346, 658 P.2d 709 (1983). 

History 
1. Renumbering and amendment of Section 7 19 to Section 745 filed 1-16 87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg- 
ister 74, No. 19. 

§ 746. Claim of Right Without Compliance with Statutory 
Procedure. 

A protest based upon a claim of interference with an alleged appropria- 
tive or prescriptive right which has not been adjudicated and which is 
based solely upon use of water commenced since December 19, 1914, 
without compliance with statutory procedure, will not be accepted. 
NOTH: Authority cited: Section 1058, Water Code. Reference: Sections 1 330 and 
1331, Water Code; and People v. Sliirokow, 26 Cal.3d 301, 162 Cal.Rptr. 30, 605 
P.2d 859 (1980). 

History 
1. Renumbering and amendment of Section 719.5 to Section 746 filed 1- 16-87; 

effective thirtieth day thereafter (Register 87, No. 10). For prior history, see 

Registers 60. No. 5 and 55, No. 17. 

§ 747. Time for Filing. 

Protests shall be filed within the time stated in the notice of the applica- 
tion or such further time as may, for good cause, be allowed by the board. 
NOTE: Authority cited: Section 1058. Water Code. Reference: Sections 1 33 1 and 
1331. Water Code. 

History 

1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 
17). 

2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 
5). 

3. Renumbering and amendment of former Section 747 to Section 775, and renum- 
bering and amendment of Section 720 to Section 747 filed 1 — 16-87; effecti\'e 
thirtieth day thereafter (Register 87, No. 10). 

§ 748. Service of Supplements and Correspondence. 

A copy of any supplement to the protest or letter concerning the protest 
shall be served upon the opposing party. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1330, 
1331, 1340, 1341, 1350 and 1352, Water Code. 

History 

1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55. No. 
17). 

2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 
5). 

3. Renumbering and amendment of former Section 748 to Section 776, and renum- 
bering and amendment of Section 721 to Section 748 filed 1-16-87; effective 
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 76, 
No. 36. 

§ 749. Rejection of Protest. 

A protest will not be accepted if it fails substantially to comply with 
the requirements of Section 745, fails to state a valid ground of protest, 
or is based upon issues which are not within the jurisdiction of the board; 
provided, however, that the board will allow reasonable opportunity to 
correct a protest or to reach a settlement with the applicant. Since an up- 
stream water user can take water before it reaches a downstream appli- 
cant, a protest based upon interference with a prior right of such upstream 
user normally will not be accepted. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1 304 and 
1331, Water Code. 

History 

1. Amendment filed 12-1-55, effective thirtieth day thereafter (Register 55, No. 
17). 

2. Amendment filed 3-10-60 effective thirtieth day thereafter (Register 60. No. 
5). 

3. Renumbering and amendment of former Section 749 to Section 777, and renum- 
bering and amendment of Section 722 to Section 749 filed 1-16-87; effective 
thirtieth day thereafter (Register 87, No. 10). 

§ 750. Abandonment of Protest. 

Failure of a protestant to respond to correspondence from the board 
concerning the protest may be interpreted as an abandonment of interest 
therein. Should such failure occur, the board may, by certified mail, di- 
rect the protestant to respond. Failure to respond to such direction within 



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§751 



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Title 23 



30 days from the date upon which the letter is received shall be deemed 
an abandonment of the protest and the protest shall be dismissed without 
further notice. 

NOTF.: Authority cited: Section 1058, Water Code. Reference: Sections 1304, 
1331, 1331, 1340. 1341, 1342, 1351 and 1352, Water Code. 

History 

1. Renumbering and amendment of Section to Section 750 filed 1 — 16-87; effec- 
tive thirtieth day thereafter (Reeister 87, No. 10). For prior history, see Reeister 
76, No. 36. 

§ 751 . Answers to Protests. 

The applicant should file an answer to each protest. To facilitate reso- 
lution of protests, answers shall be filed not later than 15 days following 
notification of acceptance of the protest, unless additional time is allowed 
by the board. A copy of the answer shall be served on the protestant. A 
statement that protestant has been served shall be filed with the answer 
together with an indication of the manner of service. 
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1252 and 
1330, Water Code. 

History 

1 . Renumbering and amendment of Section 724 to Section 752 filed 1-16-87; ef- 
fective thirtieth day thereafter (Register 87, No. 1 0). For prior history, see Reg- 
ister 64. NO. 6. 

§ 752. Content of Answers. 

If the applicant files an answer to a protest, the answer shall be respon- 
sive to the allegations contained in the protest. It should indicate the line 
of defense which will be presented and any possibilities for settlement of 
the protest which the applicant may suggest. 
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1252 and 

1330, Water Code. 

History 
1. Renumbering and amendment of Section 724 to Section 752 filed 1-16-87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg- 
ister 64. No. 6. 

§ 753. Extension of Time for Negotiation. 

A request for extension of time within which to file a protest or answer 
thereto in order to enable negotiation of conflicting claims shall be ac- 
companied by a showing of diligent good faith efforts to reach an agree- 
ment between the parties with reasonable prospects of success. 
NoTE: Authority cited: Section 1058, Water Code. Reference: Sections 1220 and 

1331. Water Code. 

History 
1. Renumbering and amendment of Section 720 to Secfion 753 filed 1 — 16-87; 
effective thirtieth day thereafter (Register 87, No. 10). For prior history, see 
Register 60. No. 5. 

§ 754. Establishment of Relationship. 

History 

1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 
17). 

2. Amendment filed 3-10-60; effective thirtieth dav thereafter (Register 60. No. 
5). 

3. Renumbering and amendment of Section 754 to Section 762 filed 1-16-87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). 



Article 10. Investigations 

§ 755. Board May Conduct — Cooperation by Parties. 

The board may, in its discretion, conduct a field investigation of the 
water and other resources affected by an application. The parties may be 
requested to confer and cooperate with the engineer and other representa- 
tives of the board designated to carry our such investigations. 
Note; Authority cited: Section 1058, Water Code. Reference: Sections 183, 1051, 
1250, and 1251, Water Code; and Sections 21082, 21082.2 and 21 100, Public Re- 
sources Code. 

History 

1. Renumbering of former Section 760 to Section 755 and amendment filed 
12-1-55; effective thirtieth day thereafter (Register 55, No. 17). 

2. Amendment filed 3-10-60; effecfive thirtieth day thereafter (Register 60, No. 

5). 



3. Renumbering and amendment of former Section 755 to Section 732. and renum- 
bering and amendmenl of Section 728 to Section 755 filed 1-16-87; effective 
thirtieth day thereafter (Register 87, No. 10). 

§ 756. Benefits and Detriments; Alternative Projects. 

(a) Analysis. The board shall at the request of any party or on its own 
motion, to the extent practicable, identify and evaluate the benefits and 
detriments, including but not limited to economic and enviro:imental fac- 
tors, of the present and prospective beneficial uses of the waters involved 
and alternative means of satisfying or protecting such uses, and make 
findings with respect thereto. For example, if releases of stored water 
may be required in connection with a project, any party may request that 
the board analyze the potential benefits and detriments, if any, of such 
releases. These benefits and detriments may be both economic and envi- 
ronmental. Some examples are possible enhancement or mitigation of 
flows and enhancement or mitigation of water quality downstream which 
may. in turn, result in economic benefit or economic mitigation to down- 
stream water users and cause a reduction in economic benefit to direct 
users of project water by reducing the amount of water available for their 
use. 

(b) Source of Information. The applicant may be required, and other 
parties may be requested, to provide such information as is determined 
necessary by the board to prepare the evaluafion provided for by this sec- 
tion. The board will use the environmental documents prepared for the 
project and evidence received in any proceeding relative to ihe applica- 
fion as sources of information to the fullest extent possible. 

(c) Time for Filing Request. Any request by a party that the board make 
the evaluation called for by this section must be received prior to the date 
of nofice of hearing or notice that the board will conduct proceedings in 
lieu of hearing. 

NOTE: Authority cited: Section 1058. Water Code. Reference: Sections 100. 174. 
275, 1242.5, 1243, 1251, 1253, 1256. 1257, 1258, 1391, 1394, 13000, 13001. 
13050. 13140. 13141, 13142, 13170 and 1 3240, Water Code. 

History 

1 . Renumbering of former Section 758 filed 12-1-55; effective thirtieth day there- 
after (Register 55. No. 17). 

2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 
5). 

3. Renumbering and amendment of former Section 756 to Section 732, and renum- 
bering and amendment of Section 729 to Section 756 filed 1 — 16-87; effecfive 
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 75, 
No. 13. 

§ 757. Filing for Service of a Subdivision (Leasing). 

History 
1. Repealer filed 12-1-55; effecfive thirtieth day thereafter (Register 55, No. 17). 



Article 11. 



Hearings and Proceedings in 
Lieu of Hearing 



§ 760. Hearings on Water Right Applications and Other 
Water Right Matters. 

Adjudicative hearings on water right applicaUons and other water 
right matters shall be conducted in accordance with the procedures set 
forth in arUcle 2 of chapter 1.5 of this division. Nothing in this section 
shall limit the Board's authority to conduct nonadjudicative information- 
al hearings. 

NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 
183, 1051. 1342, 1345, 1346, 1347. 1348, 1350, 1391 and 1394, Water Code. 

History 

1. New Article 17.1 (Section 760) filed 11 -24-71; effective thirtieth day thereafter 
(Register 71. No. 48). 

2. Renumbering and amendment of former Section 760 to Secfion 700. and renum- 
bering and amendment of Secfion 737 to Section 760 filed 1 — 16-87; effective 
thirtieth day thereafter (Register 87. No. 10). 

3. Repealer and new section filed 3-26-98 as an interim regulation pursuant to 
Government Code section 1 1400.20; operative 3-26-98 (Register 98, No. 13). 
Interim regulations expire 12-31-98 unless earlier amended or repealed. 

4. Pursuant to Government Code section 1 1 400.20(b)(2), interim regulations ex- 
tended to 3-31-99 by filing of permanent regulations with OAL on 1 1-25-98. 
Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted 



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§ 764.12 



by the State Water Resourees Control Board on 3-10-99; and filed with the Sec- 
retary of State on 3-31-99, el'feetive upon filing (Register 99, No. 14). 

?} 761 . Procedure at Hearings. 

NOTI'.: Authority cited: Section 1058. Water Code. Reference: Sections 183, 1051, 
1251 and 1353, Water Code. 

History 

1 . New Article 17.2 (§§761, 762, 763) filed 3-23-73; effective thirtieth day there- 
after (Register 73, No. 12). 2. Amendment of subsection (a) filed 3-27-75; ef- 
fective thirtieth day thereafter (Register 75, No. 13). 

2. Amendment of subsection (a) filed 1-28-77; effective thirtieth day thereafter 
(Register 77, No. 5). 

3. Amendment filed 8-1-78; effective thirtieth day thereafter (Register 78, No. 
31). 

4. Renumbering and amendment of former Section 761 to Section 780, and renum- 
bering and amendment of Section 733 to Section 761 filed 1 — 16-87; effective 
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 80, 

No. 3. 

5. Editorial correction amending numerical sequence of Histories (Register 98, 
No. 13). 

6. Repealer filed 3-26-98 as an interim regulation pursuant to Government Code 
section 1 1400.20; operative 3-26-98 (Register 98, No. 13). Interim reguladons 
expire 12-31-98 unless earlier amended or repealed. 

7. Permanent repealer filed 3-31-99 (Register 99, No. 14). 

§ 762. Witnesses and Exhibits, 

NOTfc: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 
183 and 1051, Water Code. 

History 

1 . Renumbering and amendment of former Section 762 to Section 78 1 , and renum- 
bering and amendment of Section 735.5 to Section 762 filed 1-16-87; effecUve 
thirtieth day thereafter (Register 87, No. 10). For prior history, see Registers 79, 
No. 27 and 78, No. 12. 

2. Repealer filed 3-26-98 as an interim regulation pursuant to Government Code 
section 1 1400.20; operative 3-26-98 (Register 98, No. 13). Interim regulations 
expire 12-31-98 unless earlier amended or repealed. 

3. Permanent repealer filed 3-31-99 (Register 99, No. 14). 

§ 762.5. Passage of Water for Fish. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Chapter 6, Part 2, 
Division 2, Water Code. 

History 

1 . New section filed 4-24-75; effective thirtieth day thereafter (Register 75, No. 
17). 

2. Renumbering and amendment of Section 762.5 to Section 782 filed I-I6-87; 
effective thirtieth day thereafter (Register 87, No. 10). 

§ 763. Subpoenas. 

NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Secfions 
183, 1080, 1082, 1083, 1084, 1085, 1086 and 1090, Water Code. 

History 

1. Amendment filed 2-28-75; effecfive thirtieth day thereafter (Register 75, No. 
9). For prior history, see Register 73, No. 12. 

2. Renumbering and amendment of former Section 763 to Section 783, and renum- 
bering and amendment of Section 732 to Section 763 filed 1 — 16-87; effective 
thirtieth day thereafter (Register 87, No. 10). 

3. Repealer filed 3-26-98 as an interim regulation pursuant to Government Code 
section 1 1400.20; operafive 3-26-98 (Register 98, No. 13). Interim reguladons 
expire 12-31-98 unless earlier amended or repealed. 

4. Permanent repealer filed 3-31-99 (Register 99, No. 14). 

§ 763.5. Release of Stored Water. 

Note: Authority cited: Section 1058, Water Code. Reference: Chapter 6, Part 2, 
Division 2, Water Code. 

History 

1 . New section filed 3-27-75; effective thirtieth day thereafter (Register 75, No. 
13). 

2. Amendment of subsection (b) filed 10-1-75; effecfive thirtieth day thereafter 
(Register 75, No. 40). 

3. Renumbering and amendment of Section 763.5 to Secfion 784 filed 1-16-87; 
effective thirtieth day thereafter (Register 87, No. 10). 

§ 764. Combined Hearings. 

The board may hold a hearing to obtain evidence necessary to allow 
it to adopt or amend a water quality control plan pursuant to Water Code 



Section 13170 in combination with a hearing regarding a specific water 
right application or petition for a change, or in connection with a hearing 
regarding an exercise of the board's reserved jurisdiction. Whenever the 
board decides to hold a combined hearing and to make only one record 
for the combined proceeding, the board's hearing shall meet all of the re- 
quirements of Part 2 (commencing with Section 1200) of Division 2 of 
the Water Code. 

Note: Authority cited: Section 1058, WaterCode. Reference: Sections 1 79, 1 79.6 
and 183, WaterCode. 

History 

1. New Article 17.3 (Sections 764, 764.5-764.8) filed 1-25-74; effective thirtieth 
day thereafter (Register 74, No. 4). 

2. Amendment filed 6-26-75; effective thirtieth day thereafter (Register 75. No. 
26). 

3. Renumbering and amendment of former Section 764 to Section 820, and new 
Secfion 764 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 
10). 

§ 764.5. Investigation of Complaints. 

History 
1. Renumbering and amendment of Section 764.5 to Section 821 filed 1 16-87; 
effective thirtieth day thereafter (Register 87, No. 10). For prior history, see 
Register 74, No. 4. 

§ 764.6. Action by the Board. 

History 
1. Renumbering and amendment of Secfion 764.6 to Secfion 822 filed 116 87; 
effective thirtieth day thereafter (Register 87, No. 10). For prior historj', see 
Register 74, No. 4. 

§ 764.7. Action on the Board's Own Motion. 

History 
1. Renumbering and amendment of Secfion 764.7 to Secfion 823 filed 1 16-87; 
effective thirtieth day thereafter (Register 87, No. 10). For prior history, see 
Register 74, No. 4. 

§ 764.8. Licenses. 

History 
1 . Repealer filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). 
For prior history, see Register 74, No. 4. 

§ 764.9. Policy. 

NOTE: Authority cited: Secfion 1058, WaterCode. Reference: Secfion 275, Chap- 
ter 2.5, Division 1 and Part 2, Division 2, Water Code. 

History 

1. New secfion filed 1-28-77; effective thirtieth day thereafter (Register 77, No. 
5). 

2. Renumbering and amendment of Secdon 764.9 to Secfion 855 filed 1-16-87; 
effective thirtieth day thereafter (Register 87, No. 10). 

§764.10. Investigations. 

Note: Authority cited: Secfion 1058, WaterCode. 

History 

1. New Article 17.4 (Sections 764.10-764.13) filed 5-22-75; effective thirtieth 
day thereafter (Register 75, No. 21). 

2. Amendment filed 6-24-77; effecfive thirtieth day thereafter (Register 77, No. 
26). 

3. Renumbering and amendment of Section 764.10 to Section 856 filed 1 16-87; 
effecfive thirtieth day thereafter (Register 87, No. 10). 

§ 764.1 1 . Notifications and Orders. 

History 

1. Amendment filed 6-24-77; effecfive thirtieth day thereafter (Register 77, No. 
26). For prior history, see Register 75, No. 21. 

2. Renumbering and amendment of Section 764.1 1 to Section 857 filed 1-16-87; 
effecfive thirtieth day thereafter (Register 87, No. 10). 

§ 764.12. Noncompliance with Order: Revocation of 
Entitlement. 

History 

1. Amendment filed 6-24-77; effective thirtieth day thereafter (Register 77, No. 
26). 

2. Change without regulatory effect repealing section filed 3-26-98 pursuant to 
section 100, title I, California Code of Reguladons (Register 98, No. 13). 



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§ 764.13. Noncompliance with Order: Enforcement by 
Attorney General. 

History 

1. Amendment filed 6-24-77; effective thirtieth day thereafter (Register 77, No. 
26). 

2. Change without regulatory effect repealing section filed 3-26-98 pursuant to 
section 100, title 1, California Code of Regulations (Register 98, No. 13). 

§ 764.14. Alternative Procedure. 

The procedures established in this article shall be constmed as alterna- 
tive to. and not exclusive of, the procedures established in Chapter 5 of 
Title 23, California Administrative Code, in accordance with Section 
4007 therein. 

Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 
275, Water Code. 

History 
1. New section filed 7-6-79; effective thirtieth day thereafter (Register 79, No. 

27). 

§ 764.20. Conservation and Protection of Water Within the 
Sacramento-San Joaquin Delta and Its 
Tributary Streams. 

NOTE: Additional authority cited: Sections 100, 275, 13000-13001 and 13140, 
Water Code. Reference: Chapters 1 and 3, Division 7, Water Code. 

History 

1. Repealer filed 2-9-78 as an emergency; effective upon filing (Register 78, No. 
6). For prior history, see Register 77, Nos. 24, 33 and 51. 

2. Certificate of Compliance as to 2-9-78 repealer filed 4-14-78 (Register 78, No. 
15). 

§ 765. Hearings to Be Held Promptly. 

Protested applications will be heard as promptly as practicable in light 
of all the circumstances. Requests for mordinate delay of hearings or in 
conducting stipulated proceedings in lieu of hearing will be denied. 
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 179.6, 183 
and 1051, Water Code. 

History 

1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 
5). 

2. Renumbering and amendment of former Section 765 to Section 830, and renum- 
bering and amendment of Section 736 to Section 765 filed 1 — 16-87; effecdve 
thirtieth day thereafter (Register 87, No. 10). 

§ 766. Failure to Appear— Effect. 

Any party who fails to appear at a hearing will not be entitled to a fur- 
ther opportunity to be heard unless good cause for such failure is shown 
to the board within five days thereafter. The lack of such showing of good 
cause may, in the discretion of the board, be interpreted as an abandon- 
ment of interest in the application. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 183 and 
1352, Water Code. 

History 

1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 
5). 

2. Renumbering and amendment of former Section 766 to Secdon 83 1 , and renum- 
bering and amendment of Secfion 731 to Section 766 filed 1 — 16-87; effective 
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 64, 
No. 6. 

§ 767. Hearings in Response to Drought Emergency 
Conditions. 

(a) Any hearing held to consider the taking of action in response to 
drought emergency conditions shall receive calendar priority over other 
matters pending hearing before the board. 

(b) The board shall give notice of any hearing to consider action in re- 
sponse to drought emergency conditions at least seven days prior to the 
hearing. The provisions of Section 648.4 of Article 2, relating to submit- 
ting proposed exhibits, shall not apply to any such hearing. The time for 
submitting such materials shall be as specified in the hearing notice. 

(c) In addition to any other issues specified in the hearing notice as is- 
sues upon which the parties should submit information, the parties to any 
such hearing shall address the following issues: (1) Existence of a bona 



fide drought emergency, including information to enable evaluation of 
the seriousness of the emergency; (2) water conservation measures 
which have been iinplemented in the area being served; and (3) availabil- 
ity of alternative sources of water supply, including reclaimed water. 
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 275, 1425, 
1427, 1428. 1430 and 1431, Water Code. 

History 

1 . Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60 , No. 
5). (Ed. Note-Similar to former Secfion 766.) 

2. Renumbering and amendment of former Section 767 to Section 832, and renum- 
bering and amendment of Section 736.1 to Section 767 filed 1-16-87; effective 
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 77, 
No. 17. 

3. Change without regulatory effect amending subsection (b ) filed 9-25-2002 pur- 
suant to section 1 00, title 1 . California Code of Regulations (Register 2002, No. 
39). 

4. Editorial correcfion amending subsection (a) (Register 2005, No. 17). 



Article 12. Reconsideration and 

Amendments of Board Water Right Decision 

and Orders 

§ 768. Reconsideration of Board Decisions and Orders. 

No later than thirty (30) days after adoption by the board of a decision 
or order, any person interested in any application, permit oi" license af- 
fected by the decision or order may petition the board for reconsideration 
of the matter upon any of the following causes: 

(a) Irregularity in the proceedings, or any ruling, or abuse of discre- 
tion, by which the person was prevented from having a fair hearing; 

(b) The decision or order is not supported by substantial evidence; 

(c) There is relevant evidence which, in the exercise of reasonable dili- 
gence, could not have been produced; 

(d) Error in law. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Secfions 1 122 and 
1 123, Water Code. 

History 

1 . Repealer of former Section 768, and renumbering and amendment of Section 
737.1 to Section 768 filed 1-16-87; effective thirtieth day thereafter (Register 
87, No. 10). For prior history, see Register 75, No. 21. 

2. Change without regulatory effect amending Note filed 4-6-2007 pursuant to 
section 100, title 1, California Code of Regulations (Register 2007, No. 14). 

§ 769. Petition for Reconsideration. 

(a) Any petition for reconsideration of a decision or order shall be sub- 
mitted in writing and shall contain the following: 

( 1 ) Name and address of the petitioner. 

(2) The specific board action of which petitioner requests reconsidera- 
tion. 

(3) The date on which the order or decision was made by the board. 

(4) The reason the action was inappropriate or improper. 

(5) The specific action which petitioner requests. 

(6) A statement that copies of the petition and any accompanying ma- 
terials have been sent to all interested parties. 

(b) If reconsideration is requested based in whole or in part on Section 
768, subdivision (c), the petition shall include an affidavit or declaration 
under penalty of perjury stating that additional evidence is available that 
was not presented to the board and the reason it was not presented. A gen- 
eral statement of the nature of the evidence and of the facts to be proved 
shall also be included. 

(c) The petition shall be accompanied by a statement of points and au- 
thorities in support of legal issues raised in the petition. 

NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1 122 and 
1123, Water Code. 

History 

1 . Amendment filed 3-10-60; effecfive thirtieth day thereafter (Register 60, No. 
5). 

2. Renumbering and amendment of former Secfion 769 to Section 833, and renum- 
bering and amendment of Section 737.2 to Section 769 filed 1-16-87; effective 
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 75, 
No. 21. 



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State Water Resources Control Board 



§779 



3. Cliangc without regulator}' effect amending subsection (b) and NoTi; filed 
4 6-2007 pursuant to section 100, title l,CalifomiaCodeofReeulations (Reg- 
ister 2007. No. 14). 

§ 770. Board Action. 

(a) The board may: 

(1 ) Refuse to reconsider the decision or order if tlie petition fails to 
raise substantial issues related to the causes for reconsideration set out in 
Section 768; or 

(2) After review of the records, including any hearing transcript and 
any material submitted in support of the petition: 

(A) Deny the petition upon a finding that the decision or order was ap- 
propriate and proper; or 

(B) Set aside or modify the decision or order; or 

(C) Take other appropriate action. 

Before taking final action, the board may, in its discretion, hold a hear- 
ing for the purpose of oral argument or receipt of additional evidence or 
both. 

NOTH: Authority cited: Section 1058, Water Code. Reference: Sections 183, 1 122 
and 1123, Water Code. 

History 

1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 

5). 

2. Renumbering and amendment of former Section 770 to Section 834, and renum- 
bering and amendment of Section 737.4 to Section 770 filed 1-16-87; effecdve 
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 75, 
No. 21. 

3. Kditorial correction amending subsection (a)( 1 ) (Register 2005, No. 17). 

4. Change without regulatory effect amending NoTH filed 4-6-2007 pursuant to 
section 100. title 1, California Code of Regulations (Register 2007, No. 14). 

§ 771 . Procedure Relating to Hearings. 

The provisions of Article 1 1 of the subchapter insofar as they are appli- 
cable shall govern hearings under this article. 

NOTI-.: Authority cited: Section 1058. Water Code. Reference: Sections 183, 1051, 
1080. 1 122 and 1 123, Water Code. 

History 

1. Amendment filed 3-10-60; effective thirtieth dav thereafter (Register 60, No. 

5). 

2. Renumbering and amendment of former Section 77 1 to Section 835, and renum- 
bering and amendment of Section 737.5 to Section 77 1 filed 1-16-87; effective 
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 75, 
No. 21. 

3. Change without regulatory effect amending NoTi-: filed 4-6-2007 pursuant to 
secfion 100, title 1, California Code of Regulations (Register 2007, No. 14). 

§ 772. Issuance of Separate Permits and Licenses. 

History 

1. New section filed 12-7-67 as organizational and procedural; effective upon fil- 
ing (Register 67, No. 49). 

2. Renumbering and amendment of Section 772 to Section 836 filed 1-16-87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). 



Article 13. Right of Access 

§ 775. Right of Access Over Lands Not Owned by 
Applicant. 

When the applicant will need to occupy property or to use existing 
works not owned by him, it will generally be sufficient for the applicant 
to state in writing that the consent of the owner has been obtained, pro- 
vided there is no denial. When the owner will not consent, the board may 
require satisfactory evidence of the applicant's ability through condem- 
nation proceedings or otherwise to secure the necessary right of access 
before the application will be approved. For good cause shown, the board 
may allow reasonable time for the applicant to negotiate with the owner 
for the necessary right of access. 

Note: Authority cited: Section 1058, Water Code. Reference: Sections 1250, 
1252, 1253. 1257 and 1260, Water Code. 



History 

1. Renumbering and amendment of Section 747 to Section 775 filed 116 87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). For prior history, sec Reg- 
ister 60, No. 5. ^ 

2. Kditorial correction amending section (Register 2005, No. 17). 

§ 776. Where Public Agency Permission or Approval Is 
Required. 

If the proposed project will require a permit, license, or approval from 
another public agency or officer and it become evident that regardless of 
the action taken by the board, such permit, license, or approval could not 
be secured from the proper agency, the application will be rejected. 
NOTE; Authority cited: Section 1058. Water Code. Reference: Sections 1250 and 
1255, Water Code. 

History 

1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 
5). (Hd. Note — Similar to former Section 778.) 

2. Amendment filed 3-19-64; effective thirtieth day thereafter (Register 64, No. 
6). 

3. Renumbering and amendment of former Section 776 to Section 840, and renum- 
bering and amendment of Section 748 to Section 776 filed 1 — 16-87; effective 
thirtieth day thereafter (Register 87, No. 10). 

§ 776.5. Requests for Extension of Time Under Permit. 

HiSTCmY 

1. New section filed 12-1-55; effective thirtieth day thereafter (Register 55. No. 
17). 

2. Repealer filed 3-10-60; effective thirtieth day thereafter (Register 60. No. 5). 

§ 777. Right of Access over Lands Where Title Is Disputed. 

The board will not undertake to determine title to land or the right to 
occupy or use land or other property. A dispute concerning applicant's 
title or right to occupy or use land or other property necessary for con- 
summation of the proposed appropriaUon is not cause for denial of an 
application. A protest based solely upon such disputed title or right will 
ordinarily be rejected as not presenting an issue within the board's juris- 
diction; provided that the board may temporarily defer action on an appli- 
cation pending judicial determination of applicant's fitle or right to 
occupy or use property when in the board's judgment such action is justi- 
fied. 

NOTE; Authority cited: Section 1058, Water Code. Reference: Secfion 1250, Wa- 
ter Code. 

History 

1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 
5). (Ed. Note - Similar to former Secfion 776.) 

2. Renumbering and amendment of former Secfion 777 to Section 841 , and renum- 
bering and amendment of Section 749 to Section 777 filed 1 — 16-87; effective 
thirtieth day thereafter (Register 87, No. 10). 

§ 778. Request for Extension of Time Under Permits. 

History 

1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 
5). (Ed. Note — Similar to former Section 776.5.) 

2. Renumbering and amendment of Secfion 778 to Section 842 filed 1-16-87; ef- 
fective thiitieth day thereafter (Register 87, No. 10). 

§ 778.5. Notice of Petitions and Protests. 

History 

1. New secfion filed 5-9-74; effective thirtieth day thereafter (Register 74. .No. 
19). 

2. Amendment of subsecfion (a) filed 1-28-76; effective thirtieth day thereafter 
(Register 76, No. 5). 

3. Renumbering and amendment of Section 778.5 to Secfion 843 filed 1-16-87 
effecfive thirtieth day thereafter (Register 87, No. 10). 

§ 779. Cause for Extension of Time. 

History 

1. Amendment filed 3-10-60; effecfive thirtieth day thereafter (Register 60, No. 
5). 

2. Amendment filed 3-19-64; effecfive thirtieth day thereafter (Register 64, No. 
6). 

3. Amendment filed 12-24-7 1 ; effective thirtieth day thereafter (Register 7 1 , No. 
48). 

4. Editorial correction (Register 72, No. 27). 



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5. Renumbering and amendment of Section 779 to Section 844 filed 1-16-87; ef- 
fective thirtieth day thereafter (Register 87, No. 10). 



Article 14. Standard Permit Terms and 
Conditions 



§ 780. Standard Permit Terms. 

The board maintains a list of Standard Permit Terms, applicable por- 
tions of which are included in all permits. Copies of the Standard Permit 
Terms are available upon request. In addition to the applicable standard 
terms which are included in each permit, the following terms shall be in- 
cluded in every water right permit issued by the board, and shall be in- 
cluded in every existing permit as a condition for granting an extension 
of time to commence or to complete construction work or to apply the 
water to full beneficial use: 

(a) Continuing Authority. Pursuant to California Water Code Sections 
1 00 and 275 and the common law public trust doctrine, all rights and priv- 
ileges under this permit and under any license issued pursuant thereto, 
including method of diversion, method of use, and quantity of water di- 
verted, are subject to the continuing authority of the State Water Re- 
sources Control Board in accordance with law and in the interest of the 
public welfare to protect public trust uses and to prevent waste, unreason- 
able use, unreasonable method of use or unreasonable method of diver- 
sion of said water. 

The continuing authority of the board may be exercised by imposing 
specific requirements over and above those contained in this permit with 
a view to eliminating waste of water and to meeting the reasonable water 
requirements of permittee without unreasonable draft on the source. Per- 
mittee may be required to implement a water conservation plan, features 
of which may include but not necessarily be limited to: ( 1 ) reusing or re- 
claiming the water allocated; (2) using water reclaimed by another entity 
instead of all or part of the water allocated; (3) restricting diversions so 
as to eliminate agricultural tailwater or to reduce return flow; (4) sup- 
pressing evaporation losses from water surfaces; (5) controlling phreato- 
phytic growth; and (6) to installing, maintaining, and operating efficient 
water measuring devices to assure compliance with the quantity limita- 
tions of this permit and to determine accurately water use as against rea- 
sonable water requirements for the authorized project. No action will be 
taken pursuant to this paragraph unless the board determines, after notice 
to affected parties and opportunity for hearing, that such specific require- 
ments are physically and financially feasible and are appropriate to the 
particular situation. The continuing authority of the board also may be 
exercised by imposing further limitations on the diversion and use of wa- 
ter by the permittee in order to protect public trust uses. No action will 
be taken pursuant to this paragraph unless the board determines, after no- 
tice to affected parties and opportunity for hearing, that such action is 
consistent with California Constitution Article X, Sec. 2; is consistent 
with the public interest and is necessary to preserve or restore the uses 
protected by the public trust. 

(b) ( 1 ) Water Quality Objectives. The quantity of water diverted under 
this permit and under any license issued pursuant thereto is subject to 
modification by the State Water Resources Con