DIVISION 3. DAMS AND RESERVOIRS [6000. - 6700.]
Heading of Division 3 amended by Stats. 1965, Ch. 1225.
§§ 6000–6700 · 155 sections
PART 1. SUPERVISION OF DAMS AND RESERVOIRS §§ 6000–6470 · 145 sections
CHAPTER 1. Definitions §§ 6000–6009 · 11 sections
- § 6000 Unless the context otherwise requires, the definitions in this chapter govern the construction of this part.
- § 6002 “Dam” means any artificial barrier, together with appurtenant works, which does or may impound or divert water, and which either (a) is or will be 25 feet or…
- § 6002.5 “Critical appurtenant structure” means a water surface barrier or hydraulic control structure that is 25 feet or more in height, that impounds 5,000 acre-feet…
- § 6003 (a) Any barrier that is or will be not in excess of six feet in height, regardless of storage capacity, or that has or will have a storage capacity not in…
- § 6004 (a) An obstruction in a canal used to raise or lower water therein or divert water therefrom, a levee, including, but not limited to, a levee on the bed of a…
- § 6004.5 “Reservoir” means any reservoir which contains or will contain the water impounded by a dam.
- § 6005 “Owner” includes any of the following who own, control, operate, maintain, manage, or propose to construct a dam or reservoir: (a)The state and its…
- § 6006 “Alterations,” “repairs,” or either of them, mean only such alterations or repairs as may affect the safety of the dam or reservoir.
- § 6007 “Enlargement” means any change in or addition to an existing dam or reservoir, which raises or may raise the water storage elevation of the water impounded by…
- § 6008 Water storage elevation means that elevation of water surface which could be obtained by the existing dam or reservoir, as previously operated, were there no…
- § 6009 “State jurisdictional dam” means a dam not wholly under the control of the federal government.
CHAPTER 2. General Provisions §§ 6025–6032 · 10 sections
- § 6025 It is the intent of the Legislature by this part to provide for the regulation and supervision of dams and reservoirs exclusively by the State.
- § 6025.5 (a) Notwithstanding any other provision, subject to subdivision (b), the requirements for state regulation and supervision of safety of dams, as contained in…
- § 6025.6 (a) An owner of a structure defined as a dam pursuant to Section 6002, but excluded from that definition pursuant to subdivision (d) of Section 6004 or…
- § 6026 No city or county has authority, by ordinance enacted by the legislative body thereof or adopted by the people under the initiative power, or otherwise, to…
- § 6027 Whenever supervision of safety of design or construction of a proposed or existing dam or reservoir is exercised by the United States or any of its agencies…
- § 6028 No action shall be brought against the state or the department or its agents or employees for the recovery of damages caused by the partial or total failure of…
- § 6029 Nothing in this part shall be construed to relieve an owner or operator of a dam or reservoir of the legal duties, obligations, or liabilities incident to the…
- § 6030 The findings and orders of the department and the certificate of approval of any dam or reservoir issued by the department are final and conclusive and binding…
- § 6031 Nothing in this part shall be construed to deprive any owner of such recourse to the courts as he may be entitled to under the laws of this State.
- § 6032 If a dam is owned by one or more persons or entities, the owners shall form or delegate legal and financial authority to a single entity that is responsible…
CHAPTER 3. Administrative Provisions §§ 6052–6056 · 5 sections
- § 6052 The department shall employ such clerical, engineering, and other assistants as are necessary for carrying on the work of dam and reservoir supervision in…
- § 6053 The department may employ consultants.
- § 6054 When the safety and technical considerations pertaining to a certificate of approval, dam, reservoir, or plans and specifications require it, or when requested…
- § 6055 The cost and expense of a consulting board if appointed on the request of an owner shall be paid by the owner.
- § 6056 The department shall retain a board of three consultants who shall make an independent report to the director upon the issuance, modification, or renewal of…
CHAPTER 4. Powers of the Department §§ 6075–6162 · 29 sections
ARTICLE 1. Powers in General §§ 6075–6081 · 7 sections
- § 6075 The department, under the police power of the state, shall supervise the construction, enlargement, alteration, repair, maintenance, operation, and removal of…
- § 6076 All dams and reservoirs in the state are under the jurisdiction of the department.
- § 6077 It is unlawful to construct, enlarge, repair, alter, remove, maintain, or operate any dam or reservoir except upon approval of the department as provided in…
- § 6078 The department shall adopt and revise from time to time such rules and regulations and issue such general orders as may be necessary for carrying out, but not…
- § 6079 In carrying out the provisions of this part the department may cooperate with the United States or any of its agencies.
- § 6080 In making any investigations or inspections required or authorized by this part the department or its representatives may enter upon private property as may be…
- § 6081 In determining whether or not a dam or reservoir or proposed dam or reservoir constitutes or would constitute a danger to life or property, the department…
ARTICLE 2. Maintenance and Operation §§ 6100–6103 · 5 sections
- § 6100 Supervision over the maintenance and operation of dams and reservoirs insofar as necessary to safeguard life and property from injury by reason of the failure…
- § 6101 The department may require owners to keep records of, and to report on, maintenance, operation, staffing, and engineering and geologic investigations and shall…
- § 6102 The Legislature finds and declares all of the following: (a) The Division of Safety of Dams as part of the department inspects and reevaluates its…
- § 6102.5 (a) The department shall inspect dams, reservoirs, and appurtenant structures to verify their safety in accordance with the following schedule: (1) A facility…
- § 6103 (a) (1) On or before January 1, 2019, the Division of Safety of Dams, in consultation with independent, national dam safety and dam safety risk management…
ARTICLE 3. Emergency Work §§ 6110–6113 · 4 sections
- § 6110 The department shall immediately employ any remedial means necessary to protect life and property if either: (a) The condition of any dam or reservoir is so…
- § 6111 In applying the remedial means provided for in this article, the department may in emergency do any of the following: (a) Lower the water level by releasing…
- § 6112 The department shall continue in full charge and control of such dam or reservoir, or both, and its appurtenances until they are rendered safe or the emergency…
- § 6113 The cost and expenses of the remedial means provided in this article, including cost of any work done to render a dam or reservoir or its appurtenances safe,…
ARTICLE 4. Investigations and Studies §§ 6120–6121 · 2 sections
ARTICLE 5. Action and Procedure to Restrain Violations §§ 6150–6157 · 8 sections
- § 6150 The department may commence an action or proceeding under this article, either by mandamus or injunction, for the purpose of stopping or preventing violations…
- § 6151 An action or proceeding under this article may be commenced whenever any owner or any person acting as a director, officer, agent, or employee of any owner, or…
- § 6152 Any action or proceeding under this article shall be commenced in the superior court in and for the county in which (a) the cause or some part thereof arose,…
- § 6153 Any action or proceeding under this article shall be brought by petition in the superior court, alleging the violation or threatened violation complained of,…
- § 6154 The court shall specify a time, not exceeding 20 days after the service of the copy of the petition, within which the owner or person complained of shall…
- § 6155 In case of default in answer or after answer the court shall immediately inquire into the facts and circumstances of the case.
- § 6156 The court may join such parties as it deems necessary or proper in order to make its judgment, order, or writ effective.
- § 6157 The final judgment in such action or proceeding shall either dismiss the action or proceeding or direct that the writ of mandamus or injunction issue or be…
ARTICLE 6. Inundation Maps and Emergency Planning §§ 6160–6162 · 3 sections
- § 6160 (a) An owner of a dam that is regulated by the state is responsible for emergency preparedness with regard to the potential for loss of life and property…
- § 6161 (a) (1) An owner of a state jurisdictional dam, except an owner of a dam classified by the department pursuant to Section 6160 as a low hazard dam, shall…
- § 6162 Any regulation promulgated pursuant to this article shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health…
CHAPTER 5. Applications §§ 6200–6267 · 25 sections
ARTICLE 1. New Dams and Reservoirs or Enlargements of Dams and Reservoirs §§ 6200–6206 · 7 sections
- § 6200 Construction of any new dam or reservoir or the enlargement of any dam or reservoir shall not be commenced until the owner has applied for and obtained from…
- § 6201 A separate application for each dam or reservoir shall be filed with the department upon forms to be provided by it, except that only one application need be…
- § 6202 The application shall give the following information: (a) The name and address of the owner. (b) The location, type, size, and height of the proposed dam or…
- § 6203 The department may also require the following: (a) Data concerning subsoil and foundation conditions and the materials entering into construction of the dam or…
- § 6204 In instances wherein the physical conditions involved and the size of the dam or reservoir are such as to render the above requirements as to drainage areas,…
- § 6205 The application shall set forth the purpose for which the impounded or diverted water is to be used.
- § 6206 The application shall be accompanied by maps and plans and specifications of such character and size and setting forth such pertinent details and dimensions as…
ARTICLE 2. Repairs, Alterations or Removals §§ 6225–6230 · 6 sections
- § 6225 Before commencing the repair, alteration, or removal of a dam or reservoir, including the alteration or removal of a dam or reservoir so that it no longer…
- § 6226 The application shall give such pertinent information or data concerning the dam or reservoir, or both, as may be required by the department and such…
- § 6227 The application shall state the proposed time of commencement and of completion of construction.
- § 6228 The application shall give the name and address of applicant, shall adequately detail, with appropriate references to the existing dam or reservoir, the…
- § 6229 In case of an emergency where repairs are necessary to safeguard life and property repairs may be started immediately, but the department shall be notified at…
- § 6230 The proposed repairs and work shall be made to conform to such orders as the department issues.
ARTICLE 3. Dams Constructed Prior to August 14, 1929 §§ 6250–6253 · 4 sections
- § 6250 Unless application for approval of the dam has heretofore been made, every owner of a dam completed prior to August 14, 1929 shall, immediately after the…
- § 6251 A separate application shall be made for each dam and shall be filed with the department upon forms to be supplied by it and shall supply such appropriate…
- § 6252 The department shall give notice to file to owners who have failed to do so as required by this article, and a failure to file within 30 days after such notice…
- § 6253 The notice provided for in this article may be given by registered mail and a return receipt signed by the owner shall constitute prima facie evidence of…
ARTICLE 4. Approval of Applications §§ 6260–6267 · 8 sections
- § 6260 Upon receipt of any application other than an application provided for in Article 3 of this chapter the department shall give its consideration thereto and…
- § 6261 A defective application made in a bona fide attempt to conform to the law and rules and regulations of the department shall not be rejected but notice of…
- § 6262 If within 30 days of the date of mailing the notice the applicant does not file an amended and perfected application, the application shall be rejected and…
- § 6263 No application shall be approved in less than 10 days from its receipt but all applications shall be approved or disapproved as soon as practicable after the…
- § 6264 Approvals may be granted under terms, conditions, and limitations necessary to safeguard life and property.
- § 6265 Actual construction shall be commenced within one year after date of approval, otherwise the approval becomes void.
- § 6266 The department may, upon written application and for good cause shown, extend the time for commencing construction.
- § 6267 Notice shall be given to the department at least 10 days before construction is to be commenced and such other notices shall be given to the department as it…
CHAPTER 6. Fees §§ 6300–6309 · 10 sections
- § 6300 (a) The application for a new dam or reservoir, or the enlargement, repair, alteration, or removal of an existing dam or reservoir, shall set forth the…
- § 6301 One filing fee only shall be collected for an enlargement to be effected by flashboards, sandbags, earthen levees, gates, or other works, devices, or…
- § 6302 For the purposes of this part, the estimated cost of a new dam or reservoir, or the enlargement, repair, alteration, or removal of an existing dam or reservoir…
- § 6303 The costs of right-of-way, detached powerhouses, electrical generating machinery, and roads and railroads affording access to the dam or reservoir shall not be…
- § 6304 An application shall not be considered by the department until at least 20 percent of the filing fee is received, unless the department, in its discretion,…
- § 6305 In the event the actual cost exceeds the estimated cost by more than 15 percent, a further fee shall be required by the department and shall be 115 percent of…
- § 6306 Applications for dams found by the department to have been less than 90 per cent constructed on August 14, 1929, shall be accompanied by fees as much less than…
- § 6307 (a) (1) The department shall adopt, by regulation, a schedule of fees to cover the department’s reasonable regulatory costs in carrying out the supervision of…
- § 6308 All fees, penalties, interest, fines, or charges collected by the department under this division shall be deposited in the Dam Safety Fund, which is hereby…
- § 6309 The fees provided for in this chapter shall be required of any “owner,” as defined in Section 6005.
CHAPTER 7. Inspection and Approval §§ 6350–6407 · 32 sections
ARTICLE 1. New or Enlarged Dams and Reservoirs §§ 6350–6355 · 5 sections
- § 6350 Immediately upon completion of a new dam or reservoir or enlargement of a dam or reservoir the owner shall give a notice of completion to the department and as…
- § 6351 In connection with the enlargement of a dam or reservoir, the supplementary drawings and descriptive matter need apply only to the new work.
- § 6352 As soon as possible after giving notice of completion, the owner shall file an affidavit with the department stating the actual cost of the dam or reservoir in…
- § 6354 As soon as practicable the completed dam or reservoir shall be inspected by the department.
- § 6355 A certificate of approval shall be issued upon a finding that the dam or reservoir is safe to impound water within the limitations prescribed in the…
ARTICLE 1.5. Certificates of Approval §§ 6357–6357.4 · 5 sections
- § 6357 Each certificate of approval issued by the department under this part may contain such terms and conditions as the department may prescribe.
- § 6357.1 The department may revoke any certificate of approval whenever it determines that the dam or reservoir constitutes a danger to life and property. Whenever it…
- § 6357.2 The owner of a dam or reservoir for which a certificate of approval has been issued shall not, through action or inaction, cause the dam or reservoir to…
- § 6357.3 With respect to each certificate of approval or written consent for use of a dam which has been issued by the department or a predecessor of the department and…
- § 6357.4 Before any certificate of approval is revoked by the department, the department shall hold a hearing. Written notice of the time and place of the hearing shall…
ARTICLE 2. Repaired or Altered Dams and Reservoirs §§ 6360–6364 · 4 sections
- § 6360 Immediately upon completion of the repair or alteration of any dam or reservoir, the owner shall give notice of completion to the department and as soon…
- § 6362 As soon as practicable the dam or reservoir as repaired or altered shall be inspected by the department.
- § 6363 A certificate of approval shall be issued upon a finding that the dam or reservoir is safe to impound water within the limitations prescribed in the…
- § 6364 The certificate of approval shall supersede any previous certificate of approval issued for the dam or reservoir so repaired or altered.
ARTICLE 3. Removal of Dams and Reservoirs §§ 6370–6372 · 3 sections
- § 6370 Upon completion of the removal of a dam or reservoir such evidence as to the manner in which the work was performed and as to the conditions obtaining after…
- § 6371 This evidence shall show that a sufficient portion of the dam has been removed to permit the safe passage of floods down the watercourse across which the dam…
- § 6372 Before final approval of the removal of a dam or reservoir is issued, the department shall inspect the work and determine that all danger to life and property…
ARTICLE 4. Dams Completed Prior to August 14, 1929 §§ 6380–6382 · 3 sections
- § 6380 The department shall make inspections at State expense of all dams in the State completed prior to August 14, 1929.
- § 6381 The department shall require owners to perform at their expense such work or tests as necessary to disclose information sufficient to enable the department to…
- § 6382 If, upon inspection or upon completion to the satisfaction of the department of all work that may be ordered, the department finds that the dam is safe to the…
ARTICLE 5. Complaints as to Unsafe Conditions §§ 6390–6393 · 4 sections
- § 6390 Upon receipt of a written complaint alleging that the person or property of the complainant is endangered by the construction, maintenance, or operation of any…
- § 6391 If the complainant insists upon an inspection and deposits with the department a sum estimated by it to be sufficient to cover costs of an inspection, the…
- § 6392 If it is found that an unsafe condition exists, the department shall take such action as is necessary to render or cause the condition to be rendered safe and…
- § 6393 If, after an inspection is made on account of a complaint, the complaint is found by the department to have been without merit, any money deposited therefor…
ARTICLE 6. Inspection During Progress of Work §§ 6400–6407 · 8 sections
- § 6400 During the construction, enlargement, repair, alteration, or removal of any dam or reservoir the department shall make continuous or periodical inspections at…
- § 6401 If, after any inspections, investigations, or examinations, or at any time as the work progresses, or at any time prior to issuance of a certificate of…
- § 6402 If conditions are revealed which will not permit the construction of a safe dam or reservoir the approval may be revoked.
- § 6403 In the event that conditions imposed may be waived or made less burdensome without sacrificing a proper margin of safety, the department may authorize an owner…
- § 6404 If at any time during construction, enlargement, repair, or alterations of any dam or reservoir the department finds that the work is not being done in…
- § 6405 The notice and order shall state the particulars in which the approval and approved plans and specifications or the approval and approved plans and…
- § 6406 The department may order that no further work be done until such compliance has been effected and approved by the department.
- § 6407 A failure to comply with the approval and approved plans and specifications as originally approved or as revised shall render the approval subject to…
CHAPTER 8. Offenses and Punishment §§ 6425–6433 · 9 sections
- § 6425 Every person who violates any of the provisions of this part or of any approval, order, rule, regulation, or requirement of the department is guilty of a…
- § 6426 Any person who wilfully obstructs, hinders, or prevents the department or its agents or employees from performing the duties imposed by this part or who…
- § 6427 Any owner or any person acting as a director, officer, agent, or employee of an owner, or any contractor or agent or employee of a contractor who engages in…
- § 6428 (a) Any owner who fails to pay any further fee or any part of a further fee required to be paid pursuant to Section 6305 within the time required shall pay a…
- § 6429 (a) The department may impose reservoir restrictions and levy property liens on an owner of a dam who fails to comply with any of the provisions of this part…
- § 6430 Any person who unlawfully constructs or operates a dam without approval from the department shall pay a fine in the amount of the annual fees and the late…
- § 6431 An owner of a dam who fails to comply with a department order to prepare an acceptable emergency action plan shall pay the cost and expense incurred by the…
- § 6432 In addition to any penalties imposed by any other law, the department may impose a civil penalty of up to one thousand dollars ($1,000) per day upon any owner…
- § 6433 (a) The Attorney General, upon request of the department, shall bring an action in superior court seeking injunctive relief, penalties, fees, costs, or any…
CHAPTER 9. Dams Under Construction Prior to August 14, 1929 §§ 6450–6452 · 3 sections
- § 6450 Any dam which the department finds was not 90 percent constructed on August 14, 1929 shall be subject to the same provisions as a dam commenced after that date.
- § 6451 Construction work on such a dam may proceed, if an application for approval thereof is filed, until an order from the department is received approving the dam…
- § 6452 Dams found to be 90 per cent or more constructed on August 14, 1929 shall be subject to the same supervision as dams which were completed prior to that date.
CHAPTER 10. Dams and Reservoirs Under State Supervision Through 1965 Revisions of Part 1 §§ 6455–6470 · 11 sections
ARTICLE 1. Dams and Reservoirs Completed Before 1965 Revisions §§ 6455–6461 · 7 sections
- § 6455 Every owner of a dam or reservoir that falls within the definition of a dam or reservoir in this part by virtue of the amendment of Section 6002 or the…
- § 6456 A separate application shall be made for each dam or reservoir and shall be filed with the department upon forms to be supplied by it and shall include or be…
- § 6457 The department shall give notice to file an application to owners of such dams or reservoirs who have failed to do so as required by this article, and a…
- § 6458 The notice provided for in this article may be given by registered or certified mail and a return receipt signed by the owner shall constitute prima facie…
- § 6459 The department shall make inspections of such dams or reservoirs at state expense.
- § 6460 The department shall require owners of such dams or reservoirs to perform at their expense such work or tests as necessary to disclose information sufficient…
- § 6461 If, upon inspection or upon completion to the satisfaction of the department of all work that may be ordered, the department finds that the dam or reservoir is…
ARTICLE 2. Dams and Reservoirs Under Construction Before 1965 Revisions §§ 6465–6467 · 3 sections
- § 6465 Any dam or reservoir that falls within the definition of a dam or reservoir in this part by virtue of the amendment of Section 6002 or the addition of Section…
- § 6466 Construction work on such a dam or reservoir may proceed, provided an application for approval of the plans and specifications therefor is filed, until a…
- § 6467 Such dams or reservoirs as are 90 percent or more constructed on September 17, 1965, shall be subject to the same supervision as dams or reservoirs which were…
ARTICLE 3. Fees for Dams or Reservoirs Under Construction Before 1965 Revisions § 6470 · 1 section
- § 6470 The owners of completed dams or reservoirs and dams or reservoirs that are 90 percent or more constructed that are made subject to the provisions of this part…
PART 2. FISHWAYS OVER DAMS §§ 6500–6501 · 2 sections
- § 6500 Whenever an application for approval of plans and specifications for a new dam, or for the enlargement of any dam, in any stream in this State, is filed…
- § 6501 The provisions for the installation of fishways over or around dams and for the protection and preservation of fish in streams obstructed by dams are contained…
PART 3. Citizens Advisory Commission for Oroville Dam §§ 6600–6612 · 7 sections
- § 6600 As used in this part, the following terms have the following meanings: (a) “Commission” means the Citizens Advisory Commission created pursuant to Section…
- § 6602 (a) There is hereby created within the Natural Resources Agency the Citizens Advisory Commission for Oroville Dam. (b) (1) The commission shall consist of all…
- § 6604 (a) The members of the commission appointed pursuant to subdivision (c) of Section 6602, if any, shall select the vice chairperson by a majority vote of those…
- § 6606 (a) The commission shall do all of the following: (1) Serve as a representative to the public for the purposes of providing public input and receiving…
- § 6608 The department shall do all of the following for the commission: (a) Provide onsite tours of the dam and its grounds. (b) Provide all information reasonably…
- § 6610 The commission shall have the power to visit the dam, its site, and site personnel in furtherance of the goals of this part. The power of visitation specified…
- § 6612 The commission may receive in-kind assistance or funds, or both, from public and private sources. These funds are available to the commission upon…
PART 4. Dam Safety and Climate Resilience Local Assistance Program § 6700 · 1 section
- § 6700 (a) (1) The department shall, upon appropriation by the Legislature, develop and administer the Dam Safety and Climate Resilience Local Assistance Program…