CHAPTER 2.5. Miscellaneous Powers of Department [205. - 347.]

Heading of Chapter 2.5 added by Stats. 1956, 1st Ex. Sess., Ch. 52.

§§ 205–347 · 41 sections

1. ARTICLE 1. Participation in Associations § 205 · 1 section

   • § 205 The department may join associations of representatives of other States which have been established for not less than 10 years and which have for their purpose…
2. ARTICLE 2. Surveys, Investigations, and Distribution of Water §§ 225–238 · 12 sections

   • § 225 The department may carry on topographic surveys and investigations into matters pertaining to the water resources of the State along the lines of hydrography,…
   • § 226 The department, either independently or in co-operation with any person or any county, state, federal, or other agency, may do any of the following: (a)…
   • § 227 The department may investigate any natural situation available for reservoirs or reservoir systems for gathering and distributing flood or other water not…
   • § 228 The department shall gather and correlate information and data pertinent to an annual forecast of seasonal water crop, including the making of snow surveys,…
   • § 229 The department, either independently or in cooperation with any person or any county, state, federal, or other agency, to the extent that funds are allocated…
   • § 230 The department, either independently or in cooperation with any person or any county, state, federal, or other agency, or upon the request of the State Water…
   • § 231 The department, either independently or in cooperation with any person or any county, state, federal or other agency, shall investigate and survey conditions…
   • § 233 No plans or proposal for authorization of a project for construction or operation by the State shall be submitted to the Legislature by the Department of Water…
   • § 234 The department, either independently or in co-operation with or through any person or any county, state, federal or other agency, is authorized to investigate,…
   • § 235 The department, either independently or in co-operation with any person or any county, state, federal, or other agency, to the extent that funds are allocated…
   • § 236 The department, either independently or in cooperation with any person or any county, state, federal, or other agency, is authorized to collect hydrologic data…
   • § 238 (a) The department shall conduct studies of the Sacramento River and the Feather River and their tributaries north of Sacramento, including watershed…
3. ARTICLE 2.5. Acquisition and Disposal of Property §§ 250–260 · 7 sections

   • § 250 In the name of the people of the State of California, the department may acquire by eminent domain any property necessary for state water and dam purposes. The…
   • § 252 Subject to Sections 1240.670 and 1240.680 of the Code of Civil Procedure, the real property which the department may acquire by eminent domain, or otherwise,…
   • § 253 The department may acquire, either in fee or in any lesser estate or interest, any real property which it considers necessary for state water and dam purposes.…
   • § 257 The director may execute all deeds or conveyances necessary to convey any real property or interest therein to be sold or exchanged under the provisions of…
   • § 258 The authority conferred by this code to acquire real property for state dam and water purposes includes authority to acquire for future needs. The department…
   • § 259 When the department condemns the property of any common carrier railroad, other public utility, or state agency, or the appurtenances thereof, it shall be…
   • § 260 In any lease, easement, or right of entry agreement entered into whereby the department leases real property or obtains a grant of easement, right-of-way, or…
4. ARTICLE 2.6. Construction Contracts § 265 · 1 section

   • § 265 Notwithstanding any provisions of the State Contract Act, the department may award and enter into construction contracts which require expenditures in excess…
5. ARTICLE 3. Proceedings to Prevent Waste or Unreasonable Use § 275 · 1 section

   • § 275 The department and board shall take all appropriate proceedings or actions before executive, legislative, or judicial agencies to prevent waste, unreasonable…
6. ARTICLE 3.5. Habitat Restoration Contracts § 290 · 1 section

   • § 290 (a) Notwithstanding any other law, when undertaking a habitat restoration project where the department has available funds to carry out the project, the…
7. ARTICLE 4. Waste from Artesian Wells §§ 300–311 · 12 sections

   • § 300 For the purposes of this article, an artesian well is any artifical hole made in the ground through which water naturally flows from subterranean sources to…
   • § 301 For the purposes of this article, waste is the causing, suffering, or permitting any water flowing from an artesian well, to run either: (a) Into any natural…
   • § 302 The use of any water flowing from an artesian well for the irrigation of land, whenever over 5 per cent of the water received on the land for irrigation…
   • § 303 Nothing in this article prevents the running of artesian water into an artificial pond or storage-reservoir, if the water is used thereafter for a beneficial…
   • § 304 A beneficial use under the next preceding section shall not exceed one tenth of one miner’s inch of water per acre, perpetual flow, but the person using the…
   • § 305 Any artesian well which is not capped or equipped with a mechanical appliance which will readily and effectively arrest and prevent the flow of any water from…
   • § 306 The owner, tenant, or occupant of the land upon which a well which is a public nuisance under the next preceding section is situated, who causes, permits, or…
   • § 307 Any person owning, possessing, or occupying any land upon which is situated an artesian well, who causes, suffers, or permits water unnecessarily to flow from…
   • § 308 Each day’s continuance of waste constitutes a new offense.
   • § 309 Any person who violates any of the provisions of this article is punishable for each offense by a fine of not less than fifty dollars ($50) and not more than…
   • § 310 All prosecutions for the violation of any of the provisions of this article shall be instituted in the superior court of the county where the well is situated.
   • § 311 Any fine imposed under the provisions of this article may be collected as in other criminal cases, and the justice may also issue an execution upon the…
8. ARTICLE 6. Yuba River Debris Control §§ 340–342 · 3 sections

   • § 340 Any funds appropriated for Yuba River debris control shall be used for construction, renewal, and repair of works for restraining, impounding and control of…
   • § 341 Funds withdrawn from such appropriation must be matched by an expenditure of like amount by the Federal Government for the same work.
   • § 342 All work paid for from such appropriation shall be executed by or under the direction of the California Debris Commission, according to plans approved by the…
9. ARTICLE 7. Recreation §§ 345–346 · 2 sections

   • § 345 The Department of Water Resources shall (a) plan recreation development associated with state-constructed water projects in consultation with local public…
   • § 346 Notwithstanding the provisions of Section 345, the department, with the approval of the Department of General Services, may acquire by eminent domain or…
10. ARTICLE 8. Atmospheric Rivers Research and Forecast Improvement Program: Enabling Climate Adaptation Through Forecast-Informed Reservoir Operations and Hazard Resiliency (AR/FIRO) § 347 · 1 section

    • § 347 (a) The Atmospheric Rivers Research and Forecast Improvement Program: Enabling Climate Adaptation Through Forecast-Informed Reservoir Operations and Hazard…