CHAPTER 5. Leasing of State Water Bottoms
Chapter 5 added by Stats. 1982, Ch. 1486, Sec. 25.
§§ 15400–15415 · 18 sections
- § 15400 (a) Except as prohibited by Section 15007, the commission may lease state water bottoms or the water column to any person for aquaculture, including, but not…
- § 15401 Areas used by the public for digging clams shall not be leased. The department shall designate those areas.
- § 15402 A lessee of a state water bottom owns all lawfully cultivated organisms that are described in the application for the lease and produced in the area leased.…
- § 15403 Persons wishing to lease a state water bottom shall make a written application to the commission. An application shall contain all of the following…
- § 15404 (a) If the commission finds that the area applied for is available for lease and that the lease would be in the public interest, it shall publish a notice that…
- § 15405 (a) Except as specified in subdivision (b), no initial term of a state water bottom lease shall exceed 25 years. (b) The initial term of a state water bottom…
- § 15406 (a) Each state water bottom lease shall specify a period prior to expiration when renewal of the lease may be requested by the lessee. If during this period…
- § 15406.5 (a) Except as specified in subdivision (b), the commission shall award water bottom leases to the highest responsible bidder, if the bid meets or exceeds the…
- § 15406.7 (a) In addition to the rent provided in Section 15406.5, every person operating under an oyster lease shall pay a privilege tax of four cents ($0.04) per…
- § 15407 The annual rent shall be paid to the department within 30 days of the commencement of the lease and within 30 days of the anniversary thereof. The commission…
- § 15408 The commission shall promulgate regulations governing the termination of leases due to failure to pay rent or improper use of the leasehold.
- § 15409 (a) Upon termination of a lease, for any reason, all structures shall be removed at the lessee’s expense from the leasehold, and the area shall be restored to…
- § 15410 All leases shall be subject to the power of the Legislature to increase or decrease the rents, fees, taxes, and other charges relating to the lease, but no…
- § 15411 Lessees under a state water bottom lease may not unreasonably impede public access to state waters for purpose of fishing, navigation, commerce, or recreation.…
- § 15412 No water bottom lease may be assigned without the prior approval of the commission. Application for approval of a lease assignment shall comply with all of the…
- § 15413 No person may enter upon any area subject to a water bottom lease in which aquatic life is cultivated, or remove the aquatic life therefrom without the consent…
- § 15414 A water bottom lease may require periodic reports that the commission deems necessary for the proper administration of the state’s water bottoms.
- § 15415 The department shall notify the State Lands Commission of all applications for water bottom leases. The department shall inform the State Lands Commission of…