PART 3. CENTRAL VALLEY PROJECT [11100. - 11985.]
Part 3 added by Stats. 1943, Ch. 370.
§§ 11100–11985 · 243 sections
CHAPTER 1. General Provisions §§ 11100–11160 · 22 sections
ARTICLE 1. Definitions §§ 11100–11107 · 7 sections
- § 11100 The definitions in this article govern the construction of this part only.
- § 11102 “State agency” includes any irrigation district, reclamation district, municipal utility district, public utility district, water district, water storage…
- § 11103 “Electric power” includes “electricity,” “electric energy” and “electrical energy.”
- § 11104 “Project” means the Central Valley Project.
- § 11105 “Construction fund” means the Central Valley Water Project Construction Fund.
- § 11106 “Revenue fund” means the Central Valley Water Project Revenue Fund.
- § 11107 Unless the context otherwise requires, “bond” means any bond or other written evidence of indebtedness which the department may issue under this part in order…
ARTICLE 2. Statement of Policy §§ 11125–11128 · 4 sections
- § 11125 The public interest, welfare, convenience, and necessity require the construction in the manner provided in this part of a system of works for the…
- § 11126 The construction, operation, and maintenance of the project as provided for in this part is in all respects for the welfare and benefit of the people of the…
- § 11127 The department shall be regarded as performing a governmental function in carrying out the provisions of this part.
- § 11128 The limitations prescribed in Section 11460 and 11463 shall also apply to any agency of the State or Federal Government which shall undertake the construction…
ARTICLE 3. Use of State Property §§ 11130–11131 · 2 sections
- § 11130 The State hereby consents to the use and occupation of any real property now or hereafter owned by it, and not dedicated to public use, necessary for the…
- § 11131 Whenever any land or rights of way of the State heretofore or hereafter dedicated to public use are necessary for the construction, operation, or maintenance…
ARTICLE 4. Aid From State Agencies or Other Sources §§ 11135–11141 · 7 sections
- § 11135 Any State agency may advance or contribute money, rights of way, labor, materials, and any other property for the construction, operation, or maintenance of…
- § 11136 Appropriations for advances or contributions under this article may be made from any funds available for the purpose.
- § 11137 Any State agency may issue its general obligation bonds for the purpose of making advances or contributions under this article and all proceedings for the…
- § 11138 Money or property advanced or contributed may be immediately transferred or delivered to the department to be used for the purpose for which the advance or…
- § 11139 The department may enter into an agreement with any state agency to repay any money or the value of any rights of way, labor, materials, or other property…
- § 11140 After all bonds issued have been fully redeemed and paid, the department may continue to collect revenues from the use and operation of the project for the…
- § 11141 The department may receive and accept from any and all sources money, rights of way, labor, materials, or any other property for the construction, operation,…
ARTICLE 5. Record of Proceedings and Report to Governor § 11155 · 1 section
- § 11155 The State Controller, the State Treasurer, and the department shall keep full and particular account and record of all their proceedings under this part.
ARTICLE 6. Cooperation by State Officials § 11160 · 1 section
- § 11160 The department, the officials thereof, and all state officials may do such acts and make such agreements not inconsistent with law as may be necessary or…
CHAPTER 2. Description of the Project §§ 11200–11295 · 38 sections
ARTICLE 1. General Provisions §§ 11200–11201 · 2 sections
ARTICLE 2. Shasta Dam §§ 11205–11209 · 5 sections
- § 11205 The unit designated as Shasta Dam consists of the following: (a) A dam, reservoir, and one or more hydroelectric power plants, with necessary afterbay and…
- § 11206 The transmission line shall be located in such manner and along such route as to enable the most convenient distribution of electric power to the load centers…
- § 11207 Shasta Dam shall be constructed and used primarily for the following purposes: (a) Improvement of navigation on the Sacramento River to Red Bluff. (b)…
- § 11208 Shasta Dam shall be constructed and used secondarily for the generation of electric power and other beneficial uses.
- § 11209 The dam shall be built to such height and the power plant or plants shall be of such capacity as the department determines. The reservoir shall have such…
ARTICLE 3. Contra Costa Conduit §§ 11215–11216 · 2 sections
- § 11215 The unit designated as the Contra Costa Conduit consists of a conduit or canal equipped with all necessary pumping plants and other works to convey water and…
- § 11216 The Contra Costa Conduit shall be of such capacity as the department determines to be necessary to furnish an adequate supply of water for industrial,…
ARTICLE 4. San Joaquin Pumping System § 11220 · 1 section
- § 11220 The unit designated as the San Joaquin Pumping System consists of a channel or canal with all necessary dams, pumping plants, conduits, and other works which…
ARTICLE 5. Friant Dam §§ 11225–11227 · 3 sections
- § 11225 The unit designated as Friant Dam consists of a dam, reservoir, and one or more hydroelectric power plants to be located on the San Joaquin River at or near…
- § 11226 Friant Dam shall be constructed and used primarily for improvement of navigation, flood control, and storage and stabilization of the water supply of the San…
- § 11227 The dam shall be built to such height and the power plant or plants shall be of such capacity as the department determines. The reservoir shall have such…
ARTICLE 6. Madera Canal §§ 11230–11231 · 2 sections
- § 11230 The unit designated as the Madera Canal consists of a canal or conduit leading from the reservoir of Friant Dam northerly to a point on the Chowchilla River.
- § 11231 The Madera Canal shall be of such capacity as the department determines to be necessary to furnish an adequate supply of water for beneficial purposes in the…
ARTICLE 7. Friant-Kern Canal §§ 11235–11237 · 3 sections
- § 11235 The unit designated as the Friant-Kern Canal consists of a canal or conduit extending from the reservoir of Friant Dam southerly to a point on Kern River near…
- § 11236 The Friant-Kern Canal shall be of such capacity as the department determines to be necessary to furnish an adequate supply of water for beneficial purposes in…
- § 11237 The unit may include such pumps, supplemental dams, and other works as the department determines to be necessary for the economical and advantageous…
ARTICLE 8. Tehama-Colusa Conduit §§ 11240–11242 · 3 sections
- § 11240 The unit designated as the Tehama-Colusa Canal consists of a conduit or canal, equipped with the necessary dams, pumping plants, groundwater recharge…
- § 11241 The Tehama-Colusa Canal shall have the capacity that the department, in cooperation with local public agencies in the service area, determines to be necessary…
- § 11242 The water facilities authorized by Sections 11240 and 11241 may be constructed, owned, and operated by one or more local agencies, the department, or a joint…
ARTICLE 9. Tehama-Butte Conduit §§ 11250–11251 · 2 sections
- § 11250 The unit designated as the Tehama-Butte Conduit consists of a conduit or canal, equipped with all necessary dams, pumping plants, and other appurtenant works,…
- § 11251 The Tehama-Butte Conduit shall be of such capacity as the department determines to be necessary to furnish an adequate supply of water for industrial,…
ARTICLE 9.1. Hogan Dam §§ 11252–11254 · 3 sections
- § 11252 The unit designated as Hogan Dam and Reservoir, substantially in accordance with the recommendations of the Chief of Engineers in House Document No. 545, 78th…
- § 11253 Pending construction of the unit described in Section 11252, herein designated “New Hogan,” the department may acquire and operate as a unit of the project,…
- § 11254 Contracts entered into between the department and the City of Stockton in connection with the transfer of “Old Hogan” to the State, including provisions for…
ARTICLE 9.2. Los Banos Grandes Reservoir §§ 11255–11257 · 3 sections
- § 11255 Pursuant to the authority contained in Section 12931, the Legislature hereby authorizes, as a part of the State Water Resources Development System, the Los…
- § 11256 In conducting the feasibility investigations for the Los Banos Grandes Reservoir, the department shall consider the impact of the project on drainage and…
- § 11257 The department may use Central Valley Project revenue bonds to finance, all or in part, the construction of the Los Banos Grandes Reservoir.
ARTICLE 9.3. Groundwater Storage § 11258 · 1 section
- § 11258 The project shall include facilities south of the Sacramento-San Joaquin Delta for utilizing groundwater storage space, determined by the director to be…
ARTICLE 9.5. Feather River and Sacramento-San Joaquin Delta Diversion Projects §§ 11260–11261 · 2 sections
- § 11260 The units set forth in publication of the State Water Resources Board entitled “Report on Feasibility of Feather River Project and Sacramento-San Joaquin Delta…
- § 11261 The reservoir constructed at Cedar Springs in the San Bernardino Mountains as part of the Feather River Project shall be known as “Silverwood Lake.” The…
ARTICLE 9.6. American River Development § 11265 · 1 section
- § 11265 The American River Development, as described in Public Law 356 of the Eighty-first Congress, First Session, and as constructed by the Federal Government.
ARTICLE 9.7. North Bay Aqueduct §§ 11270–11271 · 2 sections
- § 11270 The unit of the North Bay Aqueduct as set forth in Bulletin No. 60 of the Department of Water Resources entitled “Salinity Control Barrier Investigation,”…
- § 11271 The operation of the North Bay Aqueduct, or any joint-use facilities of that unit or project, shall conform to any applicable standard established by the State…
ARTICLE 9.9. Black Butte Dam and Reservoir § 11276 · 1 section
- § 11276 Black Butte Dam and Reservoir, substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 649, 78th Congress,…
ARTICLE 10. Additional Units § 11290 · 1 section
- § 11290 The project includes such other units as may be from time to time added by the department to the units specifically enumerated. The department may add…
ARTICLE 11. Additional Plants and Works § 11295 · 1 section
- § 11295 In addition to the works specified, the units shall include such plants and works for the generation of electric power by steam or other power, and such…
CHAPTER 3. The Department of Water Resources §§ 11419–11465 · 14 sections
ARTICLE 1. Administrative Provisions §§ 11419–11420 · 2 sections
- § 11419 The department shall keep full and complete accounts concerning all matters and things relating to the project and annually shall prepare balance sheet and…
- § 11420 All books and papers pertaining to matters provided for in this part shall at all reasonable times be open to the inspection of any party interested or any…
ARTICLE 2. General Powers and Duties §§ 11450–11455 · 6 sections
- § 11450 The provisions of this article are subject to the provisions of Chapter 4 of this part.
- § 11451 The department shall have full charge and control of the construction, operation, and maintenance of the project and the collection of all rates, charges, and…
- § 11452 The department shall proceed with the construction of the project immediately upon funds being available therefor and shall carry such work to completion as…
- § 11453 The collection of rates, charges, and revenues shall be continued as provided in this part until all bonds issued are fully redeemed and paid.
- § 11454 Under such regulations and upon such terms, limitations, and conditions as it prescribes, the department may do any of the following: (a) Fix and establish the…
- § 11455 The department shall enter into such contracts and fix and establish such prices, rates, and charges so as at all times to provide revenue which will afford…
ARTICLE 3. Limitation of Powers §§ 11460–11465 · 6 sections
- § 11460 In the construction and operation by the department of any project under the provisions of this part a watershed or area wherein water originates, or an area…
- § 11461 In no other way than by purchase or otherwise as provided in this part shall water rights of a watershed, area, or the inhabitants be impaired or curtailed by…
- § 11462 The provisions of this article shall not be so construed as to create any new property rights other than against the department as provided in this part or to…
- § 11463 In the construction and operation by the department of any project under the provisions of this part, no exchange of the water of any watershed or area for the…
- § 11464 No water right, reservoir, conduit, or facility for the generation, production, transmission, or distribution of electric power, acquired by the department…
- § 11465 The department shall not make any change, alteration, or revision of any rates, prices, or charges established by any contract entered into pursuant to this…
CHAPTER 4. Cooperation with the United States § 11500 · 1 section
- § 11500 Notwithstanding anything in this part to the contrary or in conflict herewith the department may do any or all of the following: (a) Enter into contracts with…
CHAPTER 5. Construction of Project by the Department of Water Resources §§ 11550–11567 · 12 sections
ARTICLE 1. General Provisions §§ 11550–11556 · 8 sections
- § 11550 The provisions of this chapter are subject to the provisions of Chapter 4 of this part.
- § 11551 The department shall design all works to be constructed under this part.
- § 11552 The department may construct the works or any portion thereof or may contract with the United States that the works or any portion thereof may be constructed…
- § 11553 The cost of all works authorized to be constructed under this chapter shall be paid from the proceeds of bonds issued and sold under the provisions of this…
- § 11554 All works constructed pursuant to this chapter shall be constructed under and in accordance with the provisions of the State Contract Act insofar as the…
- § 11554.1 Notwithstanding any provisions of the State Contract Act, the department may award and enter into construction contracts which require expenditures in excess…
- § 11555 The department shall require of each contractor bonds for the faithful performance of any contract or subcontract and for the payment for any labor, materials,…
- § 11556 Money realized on any such bonds shall be paid into the construction fund.
ARTICLE 2. Time of Construction § 11560 · 1 section
- § 11560 The department shall construct the project when, in its judgment, appropriations, contributions, and revenues from all sources which are available or which…
ARTICLE 3. Sequence of Units §§ 11565–11567 · 3 sections
- § 11565 The construction of all or any part of the San Joaquin Pumping System may be deferred until such time as the department determines that the construction of it…
- § 11566 In case the construction of all or any part of the San Joaquin Pumping System is deferred, the construction of all other units of the project shall be…
- § 11567 The department shall ascertain and determine when the project or any unit thereof is completed and thereupon the project or unit shall be deemed completed for…
CHAPTER 6. Acquisition and Disposal of Property §§ 11575–11595 · 13 sections
ARTICLE 1. General Provisions §§ 11575–11578 · 4 sections
- § 11575 For the purpose of constructing, maintaining, and operating the project and for the purpose of providing and substituting new facilities for facilities to be…
- § 11576 The cost of contruction of the project includes the cost and expense of acquiring property and any such cost and expense is an integral part of the capital…
- § 11577 Nothing in this chapter shall in any way interfere with or abridge the right of the department or of any state agency to acquire any property through the…
- § 11578 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…
ARTICLE 2. Eminent Domain Proceedings §§ 11580–11588 · 5 sections
- § 11580 When the department cannot acquire any necessary property by agreement with the owner, the department may exercise the power of eminent domain to acquire the…
- § 11584 No water which, prior to January 13, 1934, was appropriated, or for which application has been filed prior to January 13, 1934, and remains in good standing,…
- § 11585 Where any water or property mentioned in the next preceding section has, prior to July 1, 1933, been filed on, appropriated, or dedicated to public use by any…
- § 11586 Where any water or property mentioned in Section 11584 has, prior to July 1, 1933, been filed on, appropriated, or dedicated to a public use by any state…
- § 11588 Whenever the right of occupancy of any person upon national forest or national park lands is terminated because of the construction of the project, the…
ARTICLE 3. Acquiring Facilities of Public Utilities and State Agencies §§ 11590–11592 · 3 sections
- § 11590 The department has no power to take or destroy the whole or any part of the line or plant of any common carrier railroad, other public utility, or state…
- § 11591 The expense of the department in complying with the requirements of this article is part of the cost of constructing the project.
- § 11592 In the event the department and any common carrier railroad, other public utility, or state agency fail to agree as to the character or location of new…
ARTICLE 4. Disposition of Property § 11595 · 1 section
- § 11595 Subject to the provisions of Section 11464, the department may do any of the following: (a) Sell or otherwise dispose of any rights of way, easements, or…
CHAPTER 7. Contracts §§ 11625–11671 · 18 sections
ARTICLE 1. General Provisions §§ 11625–11628 · 4 sections
- § 11625 Any state agency, mutual water company, political subdivision, or other entity or organization may enter into contracts with the department for the purchase or…
- § 11626 In entering into and awarding contracts, in case of equal or equivalent offers, including consideration of the cost of construction, operation, and maintenance…
- § 11627 Every contract made by the department for the sale of water, use of water, water storage, electric power, or other service shall provide that, in the event of…
- § 11628 The act of the department in ceasing on any default to furnish or deliver water, use of water, water storage, electric power, or other service under a contract…
ARTICLE 2. Contracts with State Agencies §§ 11650–11656 · 7 sections
- § 11650 In case of the award by the department of any contract or lease to any state agency for the furnishing of water, the use of water, water storage, electric…
- § 11651 The governing body charged with the levying of taxes or assessments in any state agency which contracts to purchase from the department any water, use of…
- § 11652 The governing body shall, whenever necessary, levy upon all property in the state agency not exempt from taxation, a tax or assessment sufficient to provide…
- § 11653 All officers of any State agency charged with the collection of the taxes or assessments levied by the State agency shall enforce and collect all taxes or…
- § 11654 All money collected for taxes or assessments under this article shall be kept in a separate fund by the treasurer or other officer of the state agency charged…
- § 11655 In the event of failure, neglect, or refusal of any officer of any state agency to levy any tax or assessment necessary to provide payment by the state agency…
- § 11656 The use by the department of any remedy specified in this article for the enforcement of any contract made with it is not exclusive and shall not deprive the…
ARTICLE 3. Additional Provisions Relating to Contracts with State Agencies §§ 11661–11664 · 5 sections
- § 11661 In addition to the powers conferred by law, and not in derogation or in limitation thereof, any state agency may enter into and execute appropriate contracts…
- § 11661.1 The department may agree in a contract with a state agency or department of a state agency that payments to be made under a contract for joint development of…
- § 11662 Any State agency may comply with the terms, provisions, and conditions of any contract entered into by it pursuant to this article.
- § 11663 Any state agency may, in or pursuant to a contract with the department, do any or all of the following: (a) Provide in the contract for the segregation and…
- § 11664 All funds accruing to a special account established pursuant to the next preceding section, or deposited therein, in compliance with the terms and provisions…
ARTICLE 4. Contracts Other Than With State Agencies §§ 11670–11671 · 2 sections
- § 11670 Any contract or lease made by the department with any person, other than a state agency, providing for the furnishing by the department of water, the use of…
- § 11671 The department shall not cancel any contract or lease under the next preceding section unless and until it first determines and assures itself that…
CHAPTER 8. Bonds §§ 11700–11784 · 46 sections
ARTICLE 1. Authorization to Issue and Reduction of Aggregate Amount §§ 11700–11701 · 2 sections
- § 11700 For the purpose of providing money and funds to pay the cost and expense of carrying out any of the objects and purposes of this part, the department may, from…
- § 11701 Whenever the department determines that it is necessary to carry out any of the objects and purposes of this part, it shall prepare preliminary cost estimates,…
ARTICLE 2. General Provisions §§ 11705–11714 · 10 sections
- § 11705 Bonds shall be issued in the name of the department and shall constitute obligations only of the department and shall be identified as Central Valley Project…
- § 11706 Any provisions not inconsistent with this part may be contained in the proceedings authorizing the issuance of bonds which limit, restrict, or regulate the…
- § 11707 While any bonds remain outstanding, the powers, duties or existence of the department or any official or agency of the State shall not be diminished or…
- § 11708 The holder of any bond may by mandamus or other appropriate proceedings require and compel the performance of any of the duties imposed upon any state…
- § 11709 The enumeration of rights and remedies in the next preceding section does not exclude the exercise or prosecution of any other rights or remedies by holders of…
- § 11710 The department may contract loans and borrow money from the United States through the sale of bonds upon such conditions and terms as may be agreed to and such…
- § 11711 Temporary or interim bonds, certificates, or receipts, of any denominations and with or without coupons attached thereto, signed by the director, may be issued…
- § 11712 The purchase price of bonds shall be paid for the account of the department to the Treasurer or the designee of the Treasurer.
- § 11713 Notwithstanding anything otherwise provided in this part, any expense incurred by the department for advertising, engraving, printing, clerical, legal, or…
- § 11714 The department shall return the appropriation made by Chapter 12 of the Statutes of 1935, or so much thereof as is used, with interest thereon at the rate of 4…
ARTICLE 3. Payment from Revenue §§ 11720–11723 · 4 sections
- § 11720 Bonds issued under this part shall contain a recital on the face thereof that the payment or redemption of the bonds and the payment of interest thereon is…
- § 11721 Bonds issued under this part shall not constitute or be a debt, liability, or obligation of the State. Payment of both principal and interest of all such bonds…
- § 11722 All bond redemption and interest payments shall constitute a first and direct charge and lien on all revenues received from the operation of the project, on…
- § 11723 The collection of revenues shall be continued until all bonds with interest thereon are fully redeemed and paid.
ARTICLE 4. Bond Form and Terms §§ 11730–11740 · 12 sections
- § 11730 The department shall determine the form, conditions, and denominations of all bonds and the dates which the bonds shall bear.
- § 11731 The department and the Treasurer shall determine the interest rate or rates on the bonds. The rate or rates may be fixed or variable and shall not exceed 12…
- § 11732 It is not necessary that all bonds of the same authorized issue bear the same interest rate.
- § 11733 Principal and interest on bonds shall be payable at such place or places as may be fixed and determined by the department.
- § 11734 Bonds may contain provisions for registration thereof as to principal only or as to both principal and interest.
- § 11735 Bonds may be issued in coupon form with interest payable at such times as determined by the department and shall mature at such times and in such amounts as…
- § 11736 The department may provide for the retirement of bonds at any time or times prior to their maturity and in such manner and upon payment of such premiums as may…
- § 11736.5 The department may enter into banking, insurance, remarketing, and other financial arrangements as may be necessary or desirable to provide additional security…
- § 11737 All bonds shall be signed by the director and countersigned by the Governor.
- § 11738 The signature of the director and the Governor may be by facsimile.
- § 11739 All interest coupons shall bear the facsimile signature of the director.
- § 11740 In case any officer whose signature or countersignature appears on the bonds or coupons ceases to be such officer before the delivery of the bonds to the…
ARTICLE 5. Issuance and Sale §§ 11750–11755 · 6 sections
- § 11750 Bonds may be issued and sold from time to time and in such amounts as may be deemed necessary in the judgment of the department to provide sufficient funds for…
- § 11751 Bonds may be sold below the par or face value thereof, but the sale price shall not be less than 94 percent of the par or face value of the bonds, and the sale…
- § 11752 Successive issues of bonds shall have equal preference with respect to the redemption thereof and the payment of interest thereon, but the department may fix…
- § 11753 All bonds issued are negotiable instruments.
- § 11754 All bonds authorized for issuance by the department shall be sold by the Treasurer at public sale by bid or at private sale by negotiation, as directed by the…
- § 11755 The department may borrow money in anticipation of the sale of bonds duly authorized to be issued, but which have not yet been sold and delivered, and for that…
ARTICLE 6. Disposition of Proceeds from Bond Sale §§ 11760–11762 · 4 sections
- § 11760 The proceeds from the sale of bonds shall be paid to the Treasurer or the designee of the Treasurer to the credit of the construction fund.
- § 11761 The proceeds shall be paid out, disbursed, or applied solely for one or more of the following: (a) The construction, reconstruction, and repair of the project.…
- § 11761.5 (a) If the department sells bonds to finance a water purchase, the bonds, including all refinancing of the bonds, shall be scheduled to mature within five…
- § 11762 The department may agree with the purchaser of bonds upon any conditions or limitations restricting the disbursement of the proceeds that may be deemed…
ARTICLE 7. Payment of Principal and Interest §§ 11770–11772 · 3 sections
- § 11770 From the money deposited in the construction fund the State Treasurer shall transfer to the place or places of payment named in the bonds the sums required to…
- § 11771 After the periods mentioned in the next preceding section the Treasurer shall transfer from the revenue fund to the place or places named in the bonds the sums…
- § 11772 All funds transferred for the payment of principal or interest on bonds shall be segregated and applied solely for the payment of the principal and interest.
ARTICLE 8. Retirement of Bonds §§ 11780–11784 · 5 sections
- § 11780 Any surplus which exists in the construction fund shall be applied to the retirement of bonds issued for construction of the project by purchase or call.
- § 11781 In the event the bonds cannot be purchased at a price satisfactory to the department and are not by their terms callable prior to maturity such surplus shall…
- § 11782 The proceedings authorizing the issuance of bonds may provide limitations and conditions upon the time and manner of applying such surplus to the purchase and…
- § 11783 The terms upon which the bonds shall be purchased or called and such limitations and conditions as are mentioned in the preceding section shall be followed and…
- § 11784 All bonds retired by purchase or call shall be immediately canceled.
CHAPTER 9. Finances §§ 11800–11855 · 35 sections
ARTICLE 1. General Financial Provisions §§ 11800–11807 · 8 sections
- § 11800 Money required to meet the costs of construction of the project and all expenses and costs incidental thereto and to meet the costs of operating and…
- § 11801 All interest received or earned on money deposited in a fund provided for in this part shall be credited to and become a part of the particular fund upon which…
- § 11802 The proceedings authorizing the issuance of bonds may contain appropriate provisions governing the use and application of bond proceeds and revenues for the…
- § 11803 The department may provide in the proceedings authorizing the issuance of bonds or may otherwise agree with the purchasers of bonds regarding the deposit of…
- § 11804 The depositaries and security provided for or agreed upon shall be qualified and eligible in accordance with the requirements of law.
- § 11805 Notwithstanding anything contained in this part, the proceeds received from the sale of bonds and the revenues received from the operation of the project may…
- § 11806 The amounts required to be transferred by the State Treasurer as provided in this part shall be ascertained and computed by the department and the certificate…
- § 11807 When the department, with the concurrence of the Department of Finance, deems it in the best interests of the state, it may authorize the State Treasurer, upon…
ARTICLE 2. Construction Fund §§ 11810–11814 · 5 sections
- § 11810 There is in the State Treasury The Central Valley Water Project Construction Fund which is continued in existence.
- § 11811 The construction fund shall at all times be kept segregated and set apart from all other funds.
- § 11812 Any and all appropriations and contributions received from the United States, the State, any State agency, any political subdivision, or any other source for…
- § 11813 All costs and expenses of the department, including interest due and payable, incurred in performing the duties prescribed in this part prior to and during the…
- § 11814 All the costs and expenses mentioned in the next preceding section shall be charged as a part of the cost of construction of the project and the money in the…
ARTICLE 3. Revenue Fund §§ 11815–11823 · 9 sections
- § 11815 There is in the State Treasury the Central Valley Water Project Revenue Fund which is continued in existence.
- § 11816 All revenues received from the operation of the project shall be paid over by the department at least monthly to the State Treasurer.
- § 11817 The State Treasurer shall deposit the revenues to the credit of the revenue fund as demand deposits in a depositary authorized by law to receive deposits of…
- § 11818 The revenue fund shall at all times be kept segregated and set apart from all other funds.
- § 11819 All appropriations and contributions received from the United States, the State, any State agency, any political subdivision, or from any other source for the…
- § 11820 After the expiration of one year after the completion of the project, all costs and expenses of the department, including interst due and payable, incurred in…
- § 11821 The money in the revenue fund is hereby appropriated for the payment of costs and expenses, for the maintenance and operation of the project, for making…
- § 11822 The money remaining in the revenue fund after providing the amount required for interest and redemption of bonds shall be devoted to the payment of the costs…
- § 11823 Notwithstanding anything contained in this part, the department may provide in the proceedings authorizing the issuance of bonds that revenues received during…
ARTICLE 4. Reserve Funds §§ 11830–11832 · 3 sections
- § 11830 The proceedings authorizing the issuance of bonds may provide for the setting up of a reserve fund or funds out of the revenues not needed for the payment of…
- § 11831 Any proceedings authorizing the issuance of bonds and providing for the setting up of a reserve fund may also require the immediate application of all surplus…
- § 11832 The money remaining in the revenue fund after providing the amount required for interest and redemption of bonds as provided in this article shall be held and…
ARTICLE 5. Warrants § 11835 · 1 section
- § 11835 Warrants for payments to be made on account of bonds shall be drawn by the State Controller upon request of the State Treasurer whenever the drawing of…
ARTICLE 6. Investment and Use of Surplus Money §§ 11840–11842 · 3 sections
- § 11840 All money in the construction fund not required to meet preconstruction, acquisition, or construction costs and expenses, or interest thereon, of the project,…
- § 11841 The department may provide in the proceedings authorizing the issuance of bonds that the investment of surplus money shall be made only in particular bonds and…
- § 11842 If the proceedings authorizing the issuance of bonds do not require surplus revenues to be held or applied in any particular manner, they shall be allocated…
ARTICLE 7. Insurance and Indemnity Bonds §§ 11850–11855 · 6 sections
- § 11850 When any of the works authorized by this part are being constructed by the department, the department may carry or cause to be carried such an amount of…
- § 11851 The department may carry insurance to cover any accident or destruction in part or in whole to any works until all bonds and interest thereon have been fully…
- § 11852 All money collected on any indemnity bond or insurance policy as the result of any damage or injury to any works shall be used for the purpose of repairing or…
- § 11853 The department may carry insurance or indemnity bonds insuring against the loss of revenues to be derived from the project by reason of any interruption in the…
- § 11854 Insurance or indemnity bonds against loss of revenues may be in an amount equal to the probable revenues to be received from the use and operation of the…
- § 11855 The department may provide in the proceedings authorizing the issuance of bonds for the carrying of insurance as authorized by this part, and the purchase and…
CHAPTER 10. Fish and Wildlife and Recreation in Connection With State Water Projects §§ 11900–11925 · 20 sections
ARTICLE 1. State Policy §§ 11900–11901 · 2 sections
- § 11900 The Legislature finds and declares it to be necessary for the general public health and welfare that preservation of fish and wildlife be provided for in…
- § 11901 It is the purpose of this chapter to provide for the planning and construction of water storage, conservation, and regulation facilities and associated fish…
ARTICLE 2. Definitions § 11903 · 1 section
- § 11903 As used in this chapter, “project” means any physical structure to provide for the conservation, storage, regulation, transportation, or use of water,…
ARTICLE 3. Application § 11905 · 1 section
- § 11905 The provision of this chapter shall apply to the Central Valley Project and every other project constructed by the State itself or by the State in co-operation…
ARTICLE 4. Planning and Construction of Projects §§ 11910–11915.5 · 11 sections
- § 11910 There shall be incorporated in the planning and construction of each project those features (including, but not limited to, additional storage capacity) that…
- § 11910.1 In furtherance of the policies specified in Section 11910, the Department of Fish and Wildlife, the Department of Parks and Recreation, and other governmental…
- § 11910.5 Such recreational purposes include, but are not limited to, those recreational pursuits generally associated with the out-of-doors, such as camping,…
- § 11911 The planning for public recreation use and fish and wildlife preservation and enhancement in connection with state water projects shall be a part of the…
- § 11912 The department, in fixing and establishing prices, rates, and charges for water and power, shall include as a reimbursable cost of any state water project an…
- § 11913 (a) The Legislature hereby declares its intent that, except as funds are provided pursuant to Section 11915, there shall be included in the budget for the…
- § 11913.1 (a) It is the intent of the Legislature to appropriate funds sufficient to cover the costs incurred by the department for recreation and fish and wildlife…
- § 11914 The department shall make any necessary revisions in the allocation of costs of any state water project works constructed for the development of water and…
- § 11915 All moneys deposited in the Central Valley Water Project Construction Fund pursuant to the provisions of Section 12.1 of Chapter 138, Statutes of 1964, First…
- § 11915.1 The provisions of this chapter shall not limit the department in the financing and construction of any of the facilities of the State Water Resources…
- § 11915.5 For the purpose of furthering recreation in any project of the department, the department may exchange any real property it has acquired for property in the…
ARTICLE 5. Powers and Duties of the Department of Fish and Game and the Department of Natural Resources §§ 11917–11920 · 4 sections
- § 11917 The Department of Fish and Game shall manage fish and wildlife resources at state water projects, including any such additional resources as are created by…
- § 11918 The Department of Parks and Recreation is authorized to design, construct, operate, and maintain public recreation facilities at state water projects, with the…
- § 11919 Public recreation facilities in connection with state water projects are recreational areas.
- § 11920 The Wildlife Conservation Board is authorized to design and construct public fishing access sites to aqueducts constructed as part of state water projects in…
ARTICLE 6. Short Title § 11925 · 1 section
- § 11925 This chapter shall be known and may be cited as the “Davis-Dolwig Act. ”
CHAPTER 11. Water Conservation and Reclamation Projects §§ 11950–11985 · 24 sections
ARTICLE 1. Policy §§ 11950–11954 · 5 sections
- § 11950 This chapter shall be known and may be cited as the Water Conservation Projects Act of 1985.
- § 11951 The Legislature hereby finds and declares all of the following: (a) Agriculture is this state’s largest income producer, contributing approximately $14 billion…
- § 11952 (a) It is the intent of the Legislature in enacting this chapter to encourage local agencies and private enterprise to implement potential water conservation…
- § 11953 Nothing in this chapter shall be construed to alter or impair any provision of law providing protections for areas of origin, including, but not limited to,…
- § 11954 Nothing in this chapter shall be construed to alter or impair any existing rights, including rights to divert water from the Colorado River and rights to the…
ARTICLE 2. Statewide Water Conservation §§ 11960–11965 · 6 sections
- § 11960 Any water supplier or user of water in the state that has an existing right which permits the supplier or user to sell water may enter into a contract under…
- § 11961 Notwithstanding any other provision of law, where any person or public agency undertakes any water conservation effort, either separately or jointly, pursuant…
- § 11962 Water conservation and reclamation projects eligible for assistance under this chapter include, but are not limited to, the following: (a) Projects for…
- § 11963 Any contract entered into pursuant to this chapter for the transfer or sale of conserved or recycled water may provide for the recall of water and may include…
- § 11964 Water conservation or reclamation projects developed pursuant to this chapter may be funded pursuant to any bond law heretofore or hereafter approved by the…
- § 11965 This article shall not be applicable to the State Water Resources Development System.
ARTICLE 3. Conservation in the State Water Resources Development System §§ 11970–11976 · 7 sections
- § 11970 The department may use Central Valley Project revenue bonds or other funds available for the purposes of the State Water Resources Development System to…
- § 11971 As used in this article, “sponsoring contractor” means a contractor or contractors, who have a long-term water supply contract with the department and who…
- § 11972 A local water conservation project described in Section 11970 is eligible for funding pursuant to this article if, in the determination of the department, the…
- § 11973 The department shall determine whether a local water conservation project described in Section 11970 is economically competitive by comparing, in an…
- § 11974 A local water conservation project described in Section 11970 shall not be constructed or implemented pursuant to this article until both of the following…
- § 11975 In the event of a shortage in water supply, within the meaning of Article 18(a) of the standard water supply contract between the department and the state…
- § 11976 This article is the only portion of this chapter applicable to the State Water Resources Development System.
ARTICLE 4. Administration §§ 11980–11985 · 6 sections
- § 11980 The department shall establish criteria for determining the eligibility of water conservation projects for assistance under this chapter and shall establish…
- § 11981 The State Water Resources Control Board shall establish criteria for determining both of the following: (a) The eligibility of water reclamation projects for…
- § 11982 The department shall establish criteria for determining whether a water conservation or reclamation project results in a net increase in the amount of water…
- § 11983 The department and the State Water Resources Control Board shall only approve for funding by the state under this chapter those projects which result in a net…
- § 11984 The department is authorized to adopt those rules and regulations as may be necessary to carry out, and as are consistent with, this chapter.
- § 11985 In providing financial assistance pursuant to this chapter, the department shall impose terms and conditions that are designed to protect the state’s…