CHAPTER 4. Powers of the Department [6075. - 6162.]

Chapter 4 enacted by Stats. 1943, Ch. 368.

§§ 6075–6162 · 29 sections

1. 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…
2. 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…
3. 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,…
4. ARTICLE 4. Investigations and Studies §§ 6120–6121 · 2 sections

   • § 6120 For the purpose of enabling it to make decisions as compatible with economy and public safety as possible the department shall make or cause to be made such…
   • § 6121 The department shall also make or cause to be made such watershed investigations and studies as may facilitate its decisions.
5. 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…
6. 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…