PART 4. THE CENTRAL VALLEY FLOOD PROTECTION BOARD [8520. - 9142.]
Heading of Part 4 amended by Stats. 2007, Ch. 366, Sec. 6.
§§ 8520–9142 · 411 sections
CHAPTER 1. Definitions and General Provisions §§ 8520–8539 · 20 sections
ARTICLE 1. Definitions §§ 8520–8523 · 6 sections
- § 8520 Unless the context otherwise requires the definitions hereinafter set forth shall govern the construction of this part of this division of this code.
- § 8521 “Board” means the Central Valley Flood Protection Board. Any reference to the Reclamation Board in this or any other code means the Central Valley Flood…
- § 8522 “Drainage district” means the Sacramento and San Joaquin Drainage District.
- § 8522.3 “Facilities of the State Plan of Flood Control” has the same meaning as that set forth in subdivision (e) of Section 5096.805 of the Public Resources Code.
- § 8522.5 “Project levee” has the same meaning as that set forth in subdivision (g) of Section 5096.805 of the Public Resources Code.
- § 8523 “State Plan of Flood Control” has the same meaning as that set forth in subdivision (j) of Section 5096.805 of the Public Resources Code.
ARTICLE 2. General Provisions §§ 8525–8539 · 14 sections
- § 8525 The report of the California Debris Commission transmitted to the Speaker of the House of Representatives of the United States by the Secretary of War on June…
- § 8526 The board in conjunction with the California Debris Commission shall execute the plan approved by this chapter, and the board may make such modifications and…
- § 8527 For the purpose of cooperating in the carrying out and completion of the plan approved in Section 8525, and on condition that the United States will likewise…
- § 8528 The intent of the next preceding section is to provide for substantially equal contributions by the United States, the State and local interests to the total…
- § 8529 All money appropriated under authority of Section 8527 shall be expended in accordance with the plans, specifications and recommendations of the California…
- § 8530 The board shall have control and jurisdiction over the plans of the California Debris Commission and such other plans as may be adopted by the board, excepting…
- § 8531 The Statutes of California as existing on April 1, 1923, shall be observed and followed: (a) In all plans, hearings, notices and proceedings relating to the…
- § 8532 The State has a primary interest in adequately protecting lands overflowed, or subject to overflow, in confining the waters of rivers, tributaries, by-passes…
- § 8533 The State has a primary and supreme interest in having erected, maintained and protected on the banks of the Sacramento and San Joaquin Rivers, their…
- § 8534 The board at all times shall enforce on behalf of the State the erection, maintenance and protection of such levees, embankments and channel rectification as…
- § 8535 Consistent with Section 3 of Article XIII A of the California Constitution, the board, after holding at least one public hearing, may set and charge fees…
- § 8536 The board has no power, jurisdiction, authority or control over the construction, operation or maintenance of the Central Valley Project or any part of it.
- § 8538 No county or public officer shall charge or receive any fee for any of the services required to be performed by him under the provisions of this part, but any…
- § 8539 The Legislature hereby finds and declares that there is an urgent need for channel clearing and desnagging in many California waterways, and that these snags…
CHAPTER 2. Administrative Provisions §§ 8550–8585 · 28 sections
ARTICLE 1. The Board §§ 8550–8579 · 26 sections
- § 8550 (a) The board is continued in existence and shall continue to exercise and have all of its powers, duties, purposes, responsibilities, and jurisdiction. (b)…
- § 8551 (a) Except as provided in subdivision (g), the board consists of nine members who shall be appointed in accordance with this section. (b) (1) Seven members of…
- § 8552 Each member of the board appointed pursuant to subdivision (b) of Section 8551 shall receive compensation as follows: (a) Each member shall receive the…
- § 8554 The Governor shall select one of the members of the board as president.
- § 8555 The board may elect one of its members other than the president as vice president.
- § 8556 The vice president shall have the powers and perform the duties of the president under the following circumstances: (a) During the president’s absence or…
- § 8557 The board shall have its office in the County of Sacramento. The office is the principal place of business and legal residence of the board and of the drainage…
- § 8558 The regular meetings of the board shall be held at times fixed by the board.
- § 8559 A majority of the voting members of the board constitutes a quorum.
- § 8560 No action of the board shall be effective unless a quorum is present and the action is concurred in by a majority of all of the voting members of the board.
- § 8561 Special meetings of the board may be called at any time by the president or by a majority of the members upon notice given by mail or telegraph to each member…
- § 8563 The board shall keep full and correct minutes of all proceedings and transactions of all meetings of the board.
- § 8564 The minutes shall be open for public inspection during office hours.
- § 8565 The board shall have a seal of such device as the board may adopt.
- § 8566 The seal of the board is also the seal of the drainage district.
- § 8567 A copy of any record of the board, certified by its secretary or assistant secretary to be a true copy, and attested by the seal of the board, is prima facie…
- § 8568 For making a copy of any of its records the board may charge and collect the actual reasonable cost of making the copy, including the time of its employees and…
- § 8569 The board may require a deposit in advance sufficient to cover the charges for copying and certifying copies of its records.
- § 8570 All money collected for copying and certifying copies of the board’s records shall be paid monthly to the State Treasurer and credited to the balance remaining…
- § 8571 The board may adopt, amend or repeal rules to promote the convenient, orderly and just conduct of the business of the board and of the drainage district.
- § 8572 The rules may be suspended or compliance therewith may be waived by the board at any meeting to such extent as may be deemed proper.
- § 8575 A member of the board shall comply with the conflict of interest requirements of Section 87100 of the Government Code when voting to carry out any part of a…
- § 8576 No member of the board shall be held personally liable on any obligation or liability of any kind or character arising out of the claim that he has failed to…
- § 8577 (a) A board member shall not participate in any board action or attempt to influence any decision or recommendation by any employee of, or consultant to, the…
- § 8578 (a) For the purposes of this section, “ex parte communication” means any oral or written communication outside of a noticed board meeting concerning matters,…
- § 8579 (a) Any aggrieved person shall have a right to seek judicial review of any permit or enforcement order issued by the board by filing a petition for a writ of…
ARTICLE 2. Employees § 8580 · 1 section
- § 8580 (a) The board may appoint an executive officer. (b) The board may appoint a chief engineer. (c) The board may employ legal counsel and other necessary staff.
ARTICLE 3. Administration of Oaths § 8585 · 1 section
- § 8585 The president, any member of the board, the secretary, assistant secretary, general manager and chief engineer may administer oaths and take and certify…
CHAPTER 3. Powers, Duties and Jurisdiction §§ 8590–8723 · 125 sections
ARTICLE 1. General Powers §§ 8590–8613 · 25 sections
- § 8590 To carry out the primary state interest described in Section 8532, the board may do any of the following: (a) Acquire either within or outside the boundaries…
- § 8590.2 In acquiring interests in land necessary for the purposes specified in Section 8590 and notwithstanding the provisions of Section 8676, the board in…
- § 8591 The board has no power, authority, or jurisdiction, either directly or indirectly, except as provided in this division, to incur any indebtedness or expend any…
- § 8592 The board has the same power, authority and jurisdiction in reference to the adoption and carrying to completion of any work or project involved in or…
- § 8593 The board may acquire by eminent domain in the name of the drainage district any property necessary for any of the purposes set forth in this part.
- § 8596 The board may maintain actions in the name of the people of the State to restrain, or to recover damages for, the doing of any act or thing that may be…
- § 8597 Any damages so recovered shall be deposited with the State Treasurer to the credit of the drainage district and the assessment for the particular portion or…
- § 8598 The board may also do any of the following: (a) Establish a standard of levee construction. (b) Do any and all things necessary or incident to the powers…
- § 8598.5 Notwithstanding Section 6402 of the Public Resources Code, the board may sell or lease surplus real property which is held in fee by the Sacramento and San…
- § 8599 The board may undertake any construction work that it is authorized to do by this part, free from any control or jurisdiction of the department.
- § 8600 Subject to the provisions of the State Contract Act any construction work undertaken by the board may be done wholly or partly by contract let by the board in…
- § 8600.5 (a) The governing body of a public entity that is authorized by law to construct, manage, maintain, or repair levees, channels, or other flood control works…
- § 8601 The board may construct, purchase, rent, sell or exchange dredgers, machines, appliances, tools, apparatus and other property necessary or convenient for doing…
- § 8602 The cost of the equipment and property shall be apportioned to and paid from the funds raised from the several assessments levied or to be levied by the board…
- § 8603 The board may rent for use by others idle dredgers or other equipment.
- § 8604 The rental received shall be paid to the State Treasurer and credited to the balance remaining unexpended of the assessments against which the cost of such…
- § 8605 The board may inspect and supervise any work done or under construction pursuant to the provisions of this part.
- § 8606 The board may insert a stipulation providing for such inspection and supervision in any order, contract or other instrument, relating to the work authorized in…
- § 8608 The board shall establish and enforce standards for the maintenance and operation of levees, channels, and other flood control works of an authorized project…
- § 8609 (a) The board may designate floodways throughout the Sacramento and San Joaquin Rivers drainage to control encroachments in, and to preserve the flow regimens…
- § 8610 The board shall offer to lease to the Department of Fish and Game, or to an appropriate public resource protection or public conservation agency or…
- § 8610.5 (a) (1) The board shall adopt regulations relating to evidentiary hearings pursuant to Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of…
- § 8611 (a) Except as provided in subdivision (b), prior to construction at a site of a flood control, channel clearance, or bank stabilization project, the board, in…
- § 8612 (a) On or before December 31, 2008, the department shall prepare, and the board shall adopt, a schedule for mapping areas at risk of flooding in the Sacramento…
- § 8613 (a) The board or the department may establish a program of mitigation banking for the activities of the board or the department under this part and for the…
ARTICLE 2. Cooperation With the United States §§ 8615–8623 · 11 sections
- § 8615 The board may, in cooperation with the United States, adopt and carry out any plan or plans or project of flood control in the Sacramento or San Joaquin River…
- § 8616 It is the intent of this article to enlarge and extend the power, jurisdiction and authority of the board outside the drainage district to the extent set forth…
- § 8617 The board may give assurances satisfactory to the Secretary of Defense of the United States that the state will do all of the following: (a) Provide, without…
- § 8617.1 Notwithstanding any of the provisions of Chapters 1 and 3 (commencing with Sections 12570 and 12800, respectively) of Part 6 of Division 6, the board may take…
- § 8617.5 (a) In connection with any work done on projects authorized by the board in the repair or reconstruction of levees or other flood control works completed…
- § 8618 All political subdivisions, agencies of the State, and municipal and quasi-municipal corporations may make agreements with the board obligating themselves to…
- § 8619 In case any land, right of way, or easement is needed and is required to be provided free of cost to the State or the United States for any work of channel…
- § 8620 Whenever any work to be done by the board of the drainage district under any of the provisions of this part is such that it can be so done in connection with…
- § 8621 Notwithstanding any of the provisions of Chapters 1 and 3 of Part 6 of Division 6, the board, with the approval of the Department of Finance, may, when a…
- § 8622 Notwithstanding any of the provisions of Chapters 1 and 3 (commencing with Sections 12570 and 12800 respectively) of Part 6 of Division 6, the board may…
- § 8623 Notwithstanding any of the provisions of Chapter 1 (commencing with Section 12570) and Chapter 3 (commencing with Section 12800) of Part 6 of Division 6, the…
ARTICLE 3. Levees §§ 8630–8647 · 18 sections
- § 8630 As used in this article the term “levee” means any levee within the Sacramento and San Joaquin Drainage District.
- § 8631 The board may promote the construction, completion, maintenance and repair of levees along all rivers, streams, overflow channels, basins and by-passes where,…
- § 8632 Whenever any levee is in the opinion of the board insufficient or necessary for flood control, the board shall publish notice to that effect.
- § 8633 The published notice shall state that the levee is insufficient or necessary, that it is the intention of the board to construct, repair or complete the levee…
- § 8634 The notice shall be signed in the name of the board by its president and secretary and shall be published once a week for three weeks in some newspaper…
- § 8635 The giving of the notice by publication shall be complete on the twenty-first day after the first publication.
- § 8636 Any landowner, reclamation district, drainage district, levee district, municipal corporation or other organization or association authorized by law to…
- § 8637 The application shall be in writing and signed by the applicants or their respective executors, administrators, guardians, trustees or duly constituted and…
- § 8638 The application shall be filed in the office of the board.
- § 8639 When an application is filed within the required 30 days, the applicants shall have 60 days after filing the application, or any further time that the board…
- § 8640 The application for leave to construct, repair or complete a levee shall designate the name and post-office address of at least one and not more than three of…
- § 8641 In case there are two or more applications filed in the office of the board within the required 30 days the board may determine which of such applications…
- § 8642 Any levee constructed or work done by the applicants, pursuant to notice from the board and according to plans and specifications approved by the board, shall…
- § 8643 If the application is not filed in the office of the board within 30 days after completion of the giving of notice by publication, or if the applicants fail to…
- § 8644 The assessment may be either an assessment specially levied and assessed for that purpose, or any assessment levied and assessed by the board and applicable to…
- § 8645 Notwithstanding anything in this article the board may determine a case of emergency exists requiring immediate action to preserve life or property or to…
- § 8646 The board may do the necesssary work immediately for the protection or preservation of the levee, without giving the notice provided for in this article.
- § 8647 The board may pay the cost, including any damage that may result from the performance of the work, by an assessment to be levied and assessed as provided in…
ARTICLE 4. Lease and Sale of Property §§ 8655–8679 · 25 sections
- § 8655 The board may determine that any land acquired by the drainage district and deeded to the State for any right of way for river improvement work or flood…
- § 8656 The Department of General Services upon request of the board may sell the excess land at a purchase price determined upon by the board.
- § 8657 The Department of General Services when authorized by the board may execute and deliver in the name and on behalf of the state, a conveyance of such land to…
- § 8658 The purchase price when paid to the State Treasurer shall be credited to such fund as the board directs.
- § 8659 All or any part of any land, right-of-way or easement required for any work of channel excavation, enlargement, rectification or control or for any site for…
- § 8660 The Department of General Services may execute and deliver pursuant to the next preceding section a conveyance in the name and on behalf of the state upon…
- § 8661 The purchase price, when paid to the State Treasurer, shall be credited back to the appropriation out of which the cost of acquiring the land, right of way,…
- § 8662 Any lease of property of the drainage district for the production of oil, gas or other hydrocarbons may be made upon such consideration or for such royalties…
- § 8663 The board, before ordering the lease of any property pursuant to the next preceding section, shall, in a regular open meeting, adopt a resolution declaring…
- § 8664 The resolution shall: (a) Describe the property proposed to be leased in such manner as to identify it. (b) Specify the minimum rental or royalty. (c) Specify…
- § 8665 The meeting shall be held at the board’s regular place of meeting, at which meeting sealed proposals to lease the property will be received and considered.
- § 8666 Notice of the adoption of the resolution and of the time and place for holding the meeting shall be given by publishing a notice containing the resolution not…
- § 8667 At the time and place fixed in the resolution for the meeting of the board, all sealed proposals which have been received shall, in public session, be opened,…
- § 8668 Upon a call for oral bidding, at the session, any person may offer to lease the property upon the terms and conditions specified in the resolution for a rental…
- § 8669 The highest of any of the oral bids made by a responsible person shall be finally accepted.
- § 8670 The board may make a final acceptance either at the same session or at any adjourned session of the same meeting held within the 10 days next following.
- § 8671 The board may, at such session, if it deems the action to be for the best public interest, reject any and all bids either written or oral, and withdraw the…
- § 8672 The resolution of acceptance of any bid shall provide for the proper execution of a lease upon behalf of the drainage district, and delivery of the lease upon…
- § 8673 The board, in lieu of leasing property as provided in this article, if it deems such action to be for the best public interest, may lease lands for the…
- § 8674 No joint lease shall be entered into until after adoption of a resolution and publication of notice as provided in this article and after a public meeting of…
- § 8675 A joint lease shall provide for the payment of a minimum royalty to the drainage district of not less than 15 per cent of the value of the oil, gas or other…
- § 8676 Whenever the board has acquired or shall in the future acquire title in fee to any land in the name and in behalf of the district and whenever, in the judgment…
- § 8677 All oil, gas, oil shale, coal, phosphate, sodium, gold, silver, and all other mineral deposits in the land are reserved to the State and shall be reserved from…
- § 8678 Every lease, rental, letting or license to use real property owned in fee by the Sacramento and San Joaquin Drainage District, which is executed by the board…
- § 8679 Revenues, rents, and proceeds from sale of crops from lands under control of the board shall be paid into the State Treasury as follows: (a) To the current…
ARTICLE 5. Cooperation Between Board and Department of Water Resources §§ 8685–8698 · 14 sections
- § 8685 The board may determine that any construction, repair work, maintenance, or operation of flood control works or structures shall be done by the department.
- § 8686 The plans and specifications for the work shall be prepared and approved by the board and delivered to the department with a request that the work be done by…
- § 8687 The work shall be done under the sole charge and direct control of the department.
- § 8688 The cost and expenses incurred by the department in connection with work under this article is a legal charge against the drainage district and shall be paid…
- § 8689 Any contract let by the department for any work under this article shall be approved by the board before becoming effective.
- § 8690 Any cash, bond, check or other security forfeited by any bidder or contractor for failure to enter into or to perform any contract for doing work under this…
- § 8691 Any forfeiture, as soon as received or recovered, shall be paid to the State Treasurer and placed to the credit of the assessment out of which the cost of the…
- § 8692 The board may furnish to the department any of its dredges, machines, appliances, tools, apparatus or other property which may be necessary or convenient for…
- § 8693 The department shall advise and assist the board.
- § 8694 The department shall be reimbursed by the board for any necessary expenses incurred by it under the direction of the board.
- § 8695 The department may at its option appoint the chief engineer of the board to act also as its assistant in the performance of the duties required of it by this…
- § 8696 The compensation of the chief engineer while acting also as assistant to the department shall be apportioned as may be agreed upon between the board and the…
- § 8697 All maps, records and engineering data prepared or obtained by the department for the use of the board shall be deposited in the office of the board and remain…
- § 8698 It is the intent of the Legislature that the board shall cooperate with the department in all matters of mutual concern to the fullest extent practicable.
ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments §§ 8700–8709 · 16 sections
- § 8700 (a) It is unlawful for any person or public agency to interfere with, obstruct the performance, maintenance, or operation of, or otherwise take actions that…
- § 8701 (a) If the board or the executive officer determines that any person or public agency has undertaken, is threatening to undertake, or maintains any…
- § 8701.2 (a) If the board or executive officer determines that any person or public agency has failed to adequately respond to a notice of violation, the board or…
- § 8701.4 (a) If the board or executive officer determines that any person or public agency has failed to correct a violation as outlined in a cease and desist order,…
- § 8702 (a) The board, following notice and opportunity for a hearing, may order the removal or modification of an encroachment that was previously issued a permit by…
- § 8703 Notice and service required by this article shall be provided to the person or public agency believed to be responsible for the violation and the owner of the…
- § 8704 (a) Civil penalties may be imposed by a court of competent jurisdiction against any person or public agency that undertakes an activity, flood system…
- § 8704.1 (a) Administrative penalties may be imposed by the board in the same manner as civil penalties described in Section 8704, upon an enforcement hearing and…
- § 8704.2 (a) Pursuant to subdivision (f) of Section 8701.4, the board or the board’s designee shall have the authority to record a lien with the county recorder in the…
- § 8704.4 The remedies provided by this article are not exclusive of, but shall be concurrent with and in addition to, any other remedy, penalty, or sanction that may…
- § 8705 The Flood Risk Management Fund is hereby established in the State Treasury. All funds received from fees pursuant to Section 8535 and from penalties pursuant…
- § 8706 The board may maintain actions in the name of the state to compel by injunction the owner or owners of any bridge, trestle, wire line, viaduct, embankment, or…
- § 8706.5 Any activity that does or may interfere with, obstruct the performance, maintenance, or operation of, or otherwise adversely affect facilities of the State…
- § 8707 If the board or Attorney General prevails in a civil action to enforce this part, or if a local agency prevails in a civil action to seek abatement costs under…
- § 8708 (a) Nothing in this article shall be construed to prevent the department, the board, the executive officer, or a levee-maintaining agency from taking any…
- § 8709 The board shall adopt emergency regulations necessary to implement this article in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of…
ARTICLE 7. Approval of Plans §§ 8710–8723 · 16 sections
- § 8710 Every plan of reclamation, flood control, drainage, improvement, dredging or work, that includes or contemplates the construction, enlargement, revetment or…
- § 8710.1 The provisions of Section 8710 shall not apply to any work of interior irrigation or drainage upon reclaimed land, which work is not actually on, through, or…
- § 8710.5 Whenever any irrigation, drainage, levee, or flood control district makes application for the approval required by the next preceding section, all of the…
- § 8711 Any such plan is void until approved by the board, and no work shall be done without the permission of the board.
- § 8712 No levee along a river or by-pass at any of the places mentioned in this article, nor any levee forming part of any of the plans of flood control adopted by…
- § 8713 The owner of any existing levee at any of the places mentioned in this article may raise, widen, or strengthen the levee, if before work is commenced, the…
- § 8714 No claim shall ever be made against the board or the drainage district for compensation, through or by assessment or otherwise, for any part of the work under…
- § 8715 Any existing levee may be protected or strengthened in case of emergency during the season of flood water, where it is in danger of injury or destruction from…
- § 8716 Notice of emergency work shall be immediately given to the board.
- § 8717 All emergency work shall be subject to the subsequent approval of the board, and the board may require its removal or alteration if not approved.
- § 8718 No levee, embankment or other structure within any by-pass or overflow channel adopted by the board shall be raised, widened, strengthened or altered without…
- § 8719 The doing of any act or construction of any work mentioned in this article, or permitting the work to remain after such construction, without the permission of…
- § 8720 Any person who does any act contrary to or in violation of any of the provisions of this article is guilty of a misdemeanor.
- § 8721 Any plans or specifications adopted or approved by the board for any work to be done pursuant to this part may be changed or altered, with the consent of the…
- § 8722 The board may at any time change or alter the plans or specifications for work undertaken upon its own initiative.
- § 8723 The board may refuse to approve any such plan if in the judgment of the board the plan will or may 1. Be injurious to or damage any works necessary to any plan…
CHAPTER 4. Hearings, Depositions and Notices §§ 8730–8742 · 17 sections
- § 8730 Any hearing before the board may be conducted upon sworn testimony of the applicants or witnesses except in the case of reports or investigations made by the…
- § 8730.1 The board shall acknowledge the receipt of all applications in writing within 10 days of receipt. All applications shall be acted upon within 90 days of…
- § 8730.2 Applicants shall be informed of the staff recommendations concerning the application at least seven days prior to being acted upon. This section shall not…
- § 8730.3 Applicants shall identify the names and addresses of contiguous landowners. Contiguous landowners so identified shall be informed of pending applications and…
- § 8731 The board may meet at any place in the State for a hearing or partial hearing of any application coming before it.
- § 8732 The board may hold a hearing or partial hearing before a committee of one or more members of the board, before a qualified neutral hearing officer designated…
- § 8732.5 All hearings or partial hearings shall be open and public.
- § 8733 The hearing officer shall take and report the evidence to the board.
- § 8734 The board may require the applicant to pay all or part of the expenses of any outside hearing, if held at the request of the applicant.
- § 8735 The expenses shall include traveling expenses of the members, officers or employees of the board, expenses of stenographic reporting and transcribing evidence…
- § 8736 All money collected as compensation for the time of the members, officers or employees of the board shall be paid by the board into the State Treasury and…
- § 8737 The board may provide for the taking at any place of the deposition under oath of any witness for or against any application pending before the board.
- § 8738 The deposition shall be taken before a notary public or other officer or person authorized by law or by this part to administer oaths.
- § 8739 The deposition shall be certified and returned to the office of the board in the manner provided by law for certifying and returning depositions in civil…
- § 8740 When taken and certified pursuant to this article the deposition may be read in evidence before the board at the hearing of the application.
- § 8741 An affidavit may be used to prove the service or publication of any notice required or provided for by any of the provisions of this part in the same manner…
- § 8742 In addition to the notices required by this part, the board may in its discretion give such notice as it may deem proper, by publication, mailing or otherwise,…
CHAPTER 5. Assessments §§ 8750–8864 · 103 sections
ARTICLE 1. In General §§ 8750–8774 · 25 sections
- § 8750 Whenever in the opinion of the board it is necessary to levy an assessment upon any lands within the drainage district for any of the purposes specified in…
- § 8751 The estimate shall include the following: (a) The expenses of bonding the assessment if authorized by law, other than an assessment to pay the costs and…
- § 8752 The plans to be carried out shall be divided by the board into separate projects or units in such manner as will in its judgment best facilitate the levying of…
- § 8753 Each separate and particular project or unit shall include all by-passes, cuts, canals, sumps, levees, pumping plants and other works of flood control and…
- § 8754 The board shall enter in the minutes of the board a resolution to the effect that the execution of each separate project or unit which they determine upon is a…
- § 8755 Each project or unit shall be designated by the board in the resolution by name and number.
- § 8756 All assessments, plans and funds intended for or connected with the execution of each project or unit shall be designated by name and number and kept separate…
- § 8757 In determining the benefits that will or may accrue to each particular tract of land by the construction or maintenance of the works contemplated by any…
- § 8758 No land shall be considered as benefited by the construction or maintenance of the works embraced in a project or unit, nor shall any land be assessed for the…
- § 8759 Whenever an assessment has been levied by the board upon land in the district for general administrative expenses and other expenses not pertaining to any…
- § 8760 The board shall levy and cause to be assessed, equalized and collected in the manner provided in this part, an assessment to the amount of the estimate upon…
- § 8761 Whenever in the opinion of the board it appears that the total amount of any assessment previously levied and assessed and which has become a lien upon land in…
- § 8762 The portions of the assessment to be first abandoned and released shall be such portions of the charges on each tract as are based upon flood control benefits…
- § 8763 No assessment upon any tract shall be released or abandoned in pursuance to Section 8761 until all delinquent installments which have accrued thereon, together…
- § 8764 The resolution shall be annexed by the county treasurer to the assessment list of the assessment for his county.
- § 8765 When any payment has been made upon an assessment so abandoned and released, in whole or in part, the board may issue such warrants in the manner provided in…
- § 8766 The board may in its discretion abandon any assessment in whole or in part at any time prior to the time when the lien of the assessment has accrued to the…
- § 8767 In all cases in which an assessment is levied upon land within the drainage district, and the assessment upon any tract is thereafter adjudged invalid by any…
- § 8768 Instead of proceeding under the next preceding section a subsequent reassessment of the tract may be made separately for the purpose of charging the land with…
- § 8769 In case of any change of county boundary lines or creation of any new county, all acts and proceedings provided for in this chapter relating to any assessment…
- § 8770 The board has no power or authority to levy any assessment for any purpose upon property outside of the boundaries of the drainage district.
- § 8771 Assessments shall be numbered consecutively.
- § 8772 The Reclamation Board shall, by resolution entered in its minutes, order the release of the lien and abandonment of the charges against tracts assessed and…
- § 8773 In pursuance to Section 8765, the Reclamation Board, after June 30, 1946, shall take no action except in accordance with a judgment of a court of competent…
- § 8774 In pursuance to Section 8765, the Reclamation Board, after June 30, 1946, shall take no action except in accordance with a judgment of a court of competent…
ARTICLE 2. Assessors and Assessment §§ 8775–8790 · 16 sections
- § 8775 When an assessment is to be levied, the board shall appoint three assessors.
- § 8776 The assessors shall be disinterested persons, and shall have no interest in any real estate within the drainage district.
- § 8777 Each assessor before entering upon his duties, shall make and subscribe an oath that he is not in any manner interested in any real estate within the drainage…
- § 8778 The compensation of assessors shall be fixed and allowed by the board.
- § 8779 After the assessors have examined the plan or plans of the works contemplated and the estimates of the cost, they shall make a preliminary report to the board…
- § 8780 The assessors, after performing their duties pursuant to Section 8779, shall appoint a time and place in each county in which any of the land proposed to be…
- § 8781 The assessors shall give notice of the hearing in each of the counties by publication in a newspaper published in the county once a week for three weeks, the…
- § 8782 The notice shall contain a general designation of the land which will in the assessors’ opinion be benefited, and shall refer to the preliminary report on file…
- § 8783 The assessors, may amend, modify or change the exterior boundaries of the land that, in their opinion, will be benefited by such expenditures.
- § 8784 The board shall levy an assessment pursuant to this chapter if, within six months after the completion of the hearings there is filed with the board, written…
- § 8785 If consent in writing is not filed in the manner and at the time provided, no further expenditures for the project shall be made, nor shall any obligations be…
- § 8786 If consent is not filed the board may cause an assessment to be levied in the manner provided in this chapter for the purpose of paying the necessary…
- § 8787 The assessors shall assess upon the lands within the drainage district proposed to be assessed for the plans adopted by the board the sums included in the…
- § 8788 The assessors in apportioning the assessment on each tract of land shall, as information for the board set out, opposite each sum assessed for each particular…
- § 8789 The assessors shall, in the case of all assessments of the drainage district which may hereafter be levied by the board and all assessments which have…
- § 8790 The amounts stated and placed opposite each assessment shall be no part of the assessment and shall in no way affect the assessment charged against each tract…
ARTICLE 3. Reapportionment of Assessments §§ 8795–8805 · 11 sections
- § 8795 Whenever any tract of land upon which an assessment has been made, including assessments which have been bonded under and pursuant to the provisions of Part 5…
- § 8796 Assessments and delinquencies on tracts of land which have become delinquent and which have been sold for delinquency pursuant to the provisions of this part…
- § 8797 Whenever application is made to the board for reapportionment, the board shall reapportion the assessment upon the tract or tracts in such manner as in their…
- § 8798 Before the reapportionment becomes final, the board shall appoint a time when it will meet for the purpose of hearing objections to the reapportionment.
- § 8799 Notice of the hearing shall be given by publication for two weeks in some newspaper of general circulation published in the county in which the land or some…
- § 8800 The notice need not describe the land with particularity, but it is sufficient to describe the tract or tracts of land subdivided as a tract or tracts assessed…
- § 8801 As many tracts may be embraced in one application as applicant is the owner of, or interested in.
- § 8802 At the time appointed, or such other time to which the hearing may be postponed, or which may be appointed by the board, the board shall hear any objections to…
- § 8803 When the reapportionment has been made by the board, it shall deposit, in the office of the county treasurer of the county in which the land is situated, a…
- § 8804 The filing of the lists shall be conclusive evidence that the requisite notice has been given, and that all acts required to be done before the filing of the…
- § 8805 The expenses of publication and such other expenses as the board may order shall be borne and paid by the applicant.
ARTICLE 4. Assessment Lists §§ 8810–8833 · 24 sections
- § 8810 The assessors shall make a separate list of the lands assessed in each county pursuant to the provisions of this chapter.
- § 8811 The list shall contain a description of the tracts of land assessed by swamp land surveys, legal subdivisions, or other boundaries or references sufficient to…
- § 8812 The list shall also contain the name of the owner, if known, or if unknown, that fact, and the amount of the charge assessed against each tract.
- § 8813 The name of the owner of land which is or is supposed to be the property of the estate of a deceased person in course of administration may be stated as estate…
- § 8814 When there are two or more owners or supposed owners of any tract of land, partly known and partly unknown, the assessment may be to the known owner or owners…
- § 8815 No mistake in the name of the owner, or supposed owner, of any real estate invalidates the assessment.
- § 8816 In the assessment list for any county the assessors may use any abbreviation in common use in that county, without explanation thereof.
- § 8817 The assessors may also in the assessment list for any county make use of other abbreviations, if a schedule and explanation thereof with reasonable certainty…
- § 8818 In case any land in the assessment list for any county is described in whole or in part by reference to a map, plat or survey, which is on file or of record in…
- § 8819 The schedule shall be prefixed to the assessment list and shall set forth with reasonable certainty where each such map, plat or survey may be found, and shall…
- § 8820 The assessment lists when completed shall be filed with the secretary of the board and the secretary shall forward to the county treasurer of each county in…
- § 8821 The assessment list shall be open for inspection by the public for at least 60 days.
- § 8822 The board shall appoint a time and place not less than 60 days after the assessment list has been filed with the county treasurer when and where it will meet…
- § 8823 The notice of hearing in each county shall be filed with the county treasurer and published once a week for four weeks in some newspaper published in the…
- § 8824 At any time before or during the hearing any person interested in any land upon which any charge has been assessed, may file in the office of the board or with…
- § 8825 The statement shall be verified by the affidavit of the person objecting or some other person who is familiar with the facts.
- § 8826 At the hearing, the board shall hear such evidence as may be offered touching the correctness of the assessment or the manner of its apportionment.
- § 8827 The board may modify or amend the assessment, and may reapportion all or any part of the entire assessment.
- § 8828 Unless the aggregate amount of the whole of the assessment is modified or amended by the board so as to cause a difference of more than 21/2 per cent greater…
- § 8829 If the assessment is reapportioned the board shall give two weeks notice as provided in this article and proceed to hear objections in each county affected and…
- § 8830 The decision of the board shall be final, and thereafter the assessment list shall be conclusive evidence, except in the suit provided in this article, that…
- § 8831 Any person interested in any land upon which any charge has been assessed, who is aggrieved by the decision of the board approving the assessment, may commence…
- § 8832 The action shall be commenced within 60 days after the board has approved the assessment and the assessment list for the county has been deposited in the…
- § 8833 This action shall have preference over all civil actions in fixing the time of trial.
ARTICLE 5. Maps §§ 8835–8846 · 12 sections
- § 8835 As used in this article map means a map or maps prepared by the assessors appointed for any assessment.
- § 8836 The assessors appointed for any assesssment may prepare or cause to be prepared a map for the whole or any part or parts of the land to be assessed with…
- § 8837 Each of the separate tracts shall be designated on the map by a distinctive number.
- § 8838 Each of the maps shall be inscribed and designated as “reclamation board assessment map No.____,” giving each map a distinctive number.
- § 8839 Any map may consist of any number of sheets attached together and designated as one map.
- § 8840 The map when approved by the board, shall be certified by the secretary of the board as having been so approved.
- § 8841 The approved map shall be filed for record in the office of the county recorder of the county wherein the land indicated on the map is situated.
- § 8842 For the purpose of any assessment levied by the board, the assessment list for any county may, for the description of any tract of land indicated on any map,…
- § 8843 Any reference to a map and tract is a sufficient description of the tract for the purposes of an assessment list, and for the purposes of the notice of…
- § 8844 No provision of any other statute of this State relative to the filing or recording of maps in the office of the county recorder shall apply to the maps…
- § 8845 The maps referred to in this article shall have no legal effect for any purpose except for the convenient reference to and description of the tract of land…
- § 8846 No fee shall be charged by any county recorder for the filing for record of any map as provided in this article.
ARTICLE 6. Collection and Delinquencies §§ 8850–8864 · 15 sections
- § 8850 After the board has held the hearings in each county pursuant to this chapter and the assesssment lists have been made to conform with its decision, the lists…
- § 8851 The county treasurer shall indorse upon the assesssment list the date and time to the hour and minute when it was filed in his office; and thereafter the…
- § 8852 The assessment shall be paid to the respective county treasurers in one or more installments of such amounts, and at such time, respectively, as the board,…
- § 8853 At any time within 30 days after the assessment list has been filed in the office of the county treasurer, the whole amount of the assessment upon any tract of…
- § 8854 The county treasurer shall issue his receipt and shall endorse the fact and date of the payment in full upon the assessment list, and thereupon the lien of the…
- § 8855 No interest shall be charged on any assessment paid in full within this 30-day period.
- § 8856 All assessments not paid in full within the period of 30 days shall bear interest at the rate of 7 per cent per annum from and after the time when the…
- § 8857 The remaining portion not yet ordered paid by the board of the assessment upon any tract of land may be voluntarily paid in full, with the accrued interest…
- § 8858 If any installment is unpaid at the expiration of 30 days from the date of the board order calling the installment, the installment is delinquent, together…
- § 8859 When any installment is delinquent, a penalty of 10 per cent of the amount of the installment plus interest, shall be added and collected for the use of the…
- § 8860 If any action is pending in any court to have the assessment on any tract of land reviewed, modified or annulled, pursuant to the provisions of this chapter,…
- § 8861 From date of delinquency until time of delinquent sale, the unpaid installment, together with added interest and penalty, bears interest at the rate of 7 per…
- § 8862 When the installment is delinquent, the board, when it deems it advisable, shall publish in each county where the delinquency exists, a list in one notice of…
- § 8863 The notice shall contain: (a) A description of the property assessed as described in the assessment list by reference number or by other descriptions…
- § 8864 The notice shall also state that each of the parcels will be sold at public auction by the county treasurer in front of the courthouse of the county at a…
CHAPTER 6. Sale of Land for Delinquent Assessments §§ 8870–8890 · 21 sections
- § 8870 At the time and place stated in the notice of sale, or such other time to which the sale is postponed, the county treasurer shall sell each parcel of land…
- § 8871 If not completed on the first day the sale may be continued from day to day and over Sundays and legal holidays until completed.
- § 8872 No license shall be required of the county treasurer for conducting the sale.
- § 8873 No bid for any parcel shall be accepted which is less than the aggregate sum then due for the installment thereon, together with accrued interest, penalty and…
- § 8874 If no bid is made for any parcel at the delinquent sale which is equal to the total amount when due on the parcel, the county treasurer shall bid in and sell…
- § 8875 The county treasurer shall execute to each purchaser at the delinquent sale, including the drainage district, a certificate of sale which shall be recorded by…
- § 8876 Out of the proceeds of the sales the county treasurer shall transmit to the State Treasurer the total amount then due on the property so sold as shown in the…
- § 8877 The county treasurer shall, when directed by the board, postpone the delinquent sale from time to time for not less than 10 nor more than 30 days by a written…
- § 8878 The notice of postponement shall be substantially as follows: The sale of property for delinquent assessment under (name and number of assessment) of the…
- § 8879 Any person interested in any tract of land sold at the delinquent sale may redeem the tract at any time within one year after the date of sale by paying to the…
- § 8880 If no redemption is made within one year the board, upon demand and the surrender of the certificate of purchase and the delivery of a certificate of the…
- § 8881 The deed conveys to the grantee the land free and clear of all encumbrances except State, county and municipal taxes, assessments levied or assessed by…
- § 8882 The unpaid balance of any assessment made by the drainage district, shall be called in and collected in the same manner as other assessments, except that no…
- § 8883 Each deed by the board purporting to be executed under this chapter shall be prima facie evidence of the truth of the matters therein recited and of ownership…
- § 8884 All deeds required by this chapter to be executed by the board may be executed by the president and secretary thereof on behalf of the board.
- § 8885 Any parcel of land bid in and purchased by the drainage district at the delinquent sale shall be held in trust for the assessment under which the parcel of…
- § 8886 The parcels of land specified in Section 8885 may be sold and conveyed by the board at any time after the expiration of the redemption period of one year at…
- § 8887 Payment for the land purchased pursuant to the provisions of this chapter shall be made in lawful money of the United States.
- § 8888 The board, when any land has been sold pursuant to the provisions of this chapter shall execute a deed to the purchaser at the sale conveying the property,…
- § 8889 When any lands purchased at the delinquent sale by the drainage district remain unsold then the board shall sell all such lands so held by the drainage…
- § 8890 The proceeds of the sale shall be deposited with the State Treasurer to the credit of the assessment under which the property became delinquent.
CHAPTER 7. Finances §§ 8935–8991 · 46 sections
ARTICLE 3. Sacramento and San Joaquin Drainage District Refunding Act §§ 8935–8946 · 12 sections
- § 8935 The board shall cancel all proceedings taken in connection with the bond issue of the drainage district based upon and secured by Sutter-Butte By-pass…
- § 8936 The Controller shall request the State Treasurer to transfer and the Treasurer shall immediately transfer, any and all moneys deposited in the Bond Fund or…
- § 8937 Immediately upon the bonds authorized and directed to be canceled by this article being canceled, the board may order that assessment number six shall be paid…
- § 8938 If a supplementary assessment number six is levied by the board, immediately upon the supplementary assessment number six becoming a lien upon the lands, the…
- § 8939 Each of the semiannual installments upon each tract shall be based upon the original principal amount of the assessment on the tract less any deductions…
- § 8940 The board may, by order entered in its minutes, postpone or discontinue from time to time the calling of the semiannual installments or any of them for such…
- § 8941 Any owner or holder of lands within the boundaries of the drainage district whose lands are subject to the lien of assessment number six or supplemental…
- § 8942 Any officer mentioned in the next preceding section shall accept such warrants so presented or tendered in payment of the assessment, or any part thereof, at…
- § 8943 All warrants when received by any officer authorized by law to receive them shall be by him transmitted to the Controller who shall give the officer a receipt…
- § 8944 The Controller shall, upon demand of the board, cancel the warrants and credit the face value thereof, plus the accrued interest thereon to the date of the…
- § 8945 Partial payments on any tract in excess of any regular installment amount shall be credited to the payment of the principal amount of the assessment upon that…
- § 8946 Any and all partial payments of principal may, and upon request of the person making payment shall, be credited to the amounts charged against the tract by…
ARTICLE 4. Sacramento and San Joaquin Drainage District Fund §§ 8950–8952 · 3 sections
- § 8950 All money collected upon sales or otherwise shall be paid to the county treasurer of the county in which the land is situated, and the money, together with all…
- § 8951 The money in the Sacramento and San Joaquin Drainage District Fund shall be paid out upon warrants of the Controller, and the Controller shall issue warrants…
- § 8952 The State Treasurer shall pay such Controllers warrants when there is sufficient money in the fund of the drainage district.
ARTICLE 5. Funds of Defunct Sacramento Drainage District § 8953 · 1 section
- § 8953 All money collected by any of the county treasurers of the State as assessments of the defunct Sacramento drainage district, and unexpended in the hands of the…
ARTICLE 6. Warrants §§ 8955–8982 · 28 sections
- § 8955 All money collected from assessments shall be paid out only on warrants issued for works or other expenses covered by the assessment from which the money was…
- § 8956 Each warrant shall designate the name and number of the assessment from which it is to be paid.
- § 8957 Drafts of the board may be presented to the Controller and warrants drawn against the funds to be raised by an assessment as soon as the board has passed its…
- § 8958 In case there are not sufficient funds applicable thereto for the payment of the warrants when presented to the State Treasurer, he shall indorse on the…
- § 8959 All such warrants shall be considered as contracts in writing for the payment of money, and the period prescribed for the commencement of an action based upon…
- § 8960 No statute of limitations shall be deemed to have run against any action upon or affecting any warrant drawn against any assessment under this part by reason…
- § 8961 The warrants shall, at any time within the period of four years, be received in payment of any assessment for work or expenses for which the warrants were…
- § 8962 The board may, at its option, at any time before payment of any warrant renew it upon application of the owner or holder thereof by an indorsement thereon of…
- § 8963 Whenever there is sufficient money in the treasury applicable to the payment of any outstanding warrants of the drainage district, the State Treasurer shall…
- § 8964 The notice shall be published for 10 days in one newspaper published in the City of Stockton and one published in the City of Sacramento.
- § 8965 After the last publication of the notice the warrants therein mentioned cease to bear interest.
- § 8966 The board shall designate a paper in each of the cities of Stockton and Sacramento which shall be the official papers of the drainage district for the purpose…
- § 8967 All warrants of the drainage district when received by the board, Department of Finance, the respective county treasurers or any other officer authorized by…
- § 8968 The Controller upon demand by the board shall cancel the warrants and credit the face value thereof, plus accrued interest thereon to the date of the tender of…
- § 8969 The Controller shall notify the State Treasurer of the cancellation and the State Treasurer shall then make the proper entries in his books.
- § 8970 Whenever any warrant drawn by the Controller upon the State Treasurer as provided in this chapter has been presented to the State Treasurer and not paid for…
- § 8971 When the State Treasurer pays a warrant he shall, in addition to the amount for which the warrant was drawn, pay the interest accrued thereon as certified to…
- § 8972 Whenever any unpaid, outstanding and interest-bearing warrant drawn by the Controller upon the State Treasurer as provided in this chapter is presented to the…
- § 8973 The sum of the substituted warrants shall equal the principal amount of the original warrant.
- § 8974 The Controller shall credit the original warrant to the fund upon which it was originally drawn and shall prepare and issue warrants in accordance with the…
- § 8975 When, upon presentation to the State Treasurer, payment can not be made for want of funds the State Treasurer shall register the warrants as of the date of…
- § 8976 The Department of Finance may, out of any funds of the State which it is authorized by law to invest, purchase at their face value and invest in any warrants…
- § 8977 The Department of Finance may exchange any warrants purchased pursuant to the next preceding section for other warrants drawn against the same assessment, and…
- § 8978 All such exchanges or sales of warrants shall be effected without loss to the State.
- § 8979 All warrants purchased or acquired by exchange by the Department of Finance shall be registered by the State Treasurer, unless already registered.
- § 8980 The warrants shall be payable with interest in their proper order of registration, as provided in this part.
- § 8981 The warrants shall, unless sold or exchanged, be held by the Department of Finance until paid.
- § 8982 Upon payment of the warrants the proceeds thereof shall be returned into the fund out of which the purchase or investment was made.
ARTICLE 7. Claims §§ 8990–8991 · 2 sections
- § 8990 If any reclamation district, levee district, drainage district, municipal corporation, private corporation, association or person has since February 28, 1928,…
- § 8991 All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
CHAPTER 8. Districts and Persons Within Sacramento and San Joaquin Drainage District §§ 8995–9048 · 43 sections
ARTICLE 1. Flood Control Works, Purchases and Compensation §§ 8995–9006 · 12 sections
- § 8995 Any reclamation district, levee district, drainage district, or municipal corporation, wholly or partly within the drainage district, may, with the permission…
- § 8996 The right of way or other easement acquired pursuant to the next preceding section shall be required by the plans of the reclamation, levee, or drainage…
- § 8997 Any reclamation district, levee district, drainage district or municipal corporation, wholly or partly within the drainage district may with the permission of…
- § 8998 The title to any such right of way or other easement or levees, cuts, canals or gates shall be conveyed to the drainage district upon compensation being made…
- § 8999 If any reclamation district, levee district, drainage district, municipal corporation, or person within the drainage district, with the consent of the board,…
- § 9000 When the compensation has been made, the reclamation district, levee district, drainage district, municipal corporation, or person shall convey to the drainage…
- § 9001 Any reclamation district, levee district, drainage district, municipal corporation or person which does any of the following, with the consent of the board has…
- § 9002 An easement shall be levied upon the lands in the drainage district benefited thereby so that the claim may be paid.
- § 9003 In lieu of levying an assessment pursuant to Section 9002 the cost of the claim may be included as one of the items in any assessment that may be levied in the…
- § 9004 The words “with the permission of the board” or “with the consent of the board,” as used in this article mean the express permission or consent of the board in…
- § 9005 Before granting its permission for the acquiring of any right of way or easement or for the construction of any of the levees or other works mentioned in this…
- § 9006 In case the board determines that the ownership in fee of, instead of the right of way or easement over, any land required for use as a by-pass, overflow…
ARTICLE 2. Application of Compensation §§ 9010–9021 · 12 sections
- § 9010 Any compensation made to any municipal corporation, or person, in accordance with the provisions of this chapter, shall be applied toward the payment of any…
- § 9011 The compensation made to any reclamation district, levee district or drainage district shall be applied and credited pro rata toward the payment of the balance…
- § 9012 When the compensation applied pursuant to the provisions of the next preceding section exceeds the total amount of such credits upon the assessments upon the…
- § 9013 Whenever any reclamation district, levee district, or drainage district has warrants or a bond issue outstanding, or both, compensation made pursuant to the…
- § 9014 The compensation, or the proceeds thereof, when received by any reclamation district shall be paid or delivered by the board of trustees thereof to the county…
- § 9015 The county treasurer shall place the compensation paid to a reclamation district in the fund of the district out of which warrants are payable.
- § 9016 When compensation is received by any levee district, or drainage district, it shall be paid or delivered by the governing body thereof to the officer having…
- § 9017 Any reclamation district, levee district, or drainage district, to which compensation is made, shall apply the same, or the proceeds thereof, to the payment of…
- § 9018 If any reclamation district, levee district, or drainage district, has a bond issue outstanding, the board of trustees of the district shall direct the county…
- § 9019 The county treasurer, or other officer having the custody of the funds of the district shall comply with such directions and transfer to the proper fund the…
- § 9020 The county treasurer shall transfer sufficient funds from the general fund of the district to the bond and interest fund for the purpose of carrying out the…
- § 9021 Any district, association or corporation may act under this article through a majority of its trustees or other governing body.
ARTICLE 3. Exchange of Warrants §§ 9025–9031 · 7 sections
- § 9025 Any reclamation district that has sold or transferred any of its levees, or other reclamation or flood control works, easements, or property of any kind, to…
- § 9026 Any person, owning and holding any warrants of a reclamation district may apply to the board of trustees of the reclamation district for an exchange of the…
- § 9027 Upon application made pursuant to the next preceding section the board of trustees of the reclamation district shall make the exchange.
- § 9028 When any such exchange has been effected, the board of trustees of the reclamation district shall notify the county treasurer of the county in which the land,…
- § 9029 After the exchange has been effected, the warrants of the district shall be marked: “Surrendered for warrants of Sacramento and San Joaquin Drainage District.”
- § 9030 Proper entries of the surrender payment shall be made upon the books of the reclamation district, and also of the county treasurer of the county having the…
- § 9031 If the warrants of the drainage district, or any of its units or projects, are at the time of the offer for exchange, in the hands and custody of the county…
ARTICLE 4. Assessments §§ 9035–9037 · 3 sections
- § 9035 In any new, additional, or supplemental assessment of any reclamation district, the following shall be determined: (a) The amount that should be assessed upon…
- § 9036 If it appears that the amount that would have been assessed against any tract of land is greater than the amount to which the tract or owner thereof would have…
- § 9037 If the amount is less than the amount to which the tract or owner would have been entitled, the difference shall be paid to the owner of such tract by the…
ARTICLE 5. Land Subject to Lien of Assessment No. 6 §§ 9040–9048 · 9 sections
- § 9040 Any reclamation district, levee district or drainage district in which there are lands within the boundaries of the drainage district, which lands are subject…
- § 9041 Any officer authorized by law to collect the assessments named in this article shall accept at the face value, plus accrued interest, the warrant or warrants…
- § 9042 Payment in warrants shall be made on a pro rata basis on all lands in the district subject to such assessment.
- § 9043 It is discretionary with the board of trustees of any such reclamation district, levee district or drainage district to apply such warrants in payment of the…
- § 9044 If any such warrants are delivered by the board of trustees to the county treasurer having the custody of the funds of any district, under the provisions of…
- § 9045 If the assessment, or any part of it has been paid in warrants by the district on any lands in the district by funds other than the funds of the district, the…
- § 9046 If it appears to the trustees of any such district that any such warrants owned by it will be paid from any assessment thereafter to be levied, and in their…
- § 9047 The trustees shall not return the warrants to the board for cancellation, without the consent of the board, if an assessment is then in process of being levied…
- § 9048 Any reclamation, levee, irrigation, drainage or other district whatever, or any city, county, or political subdivision may make any contract, expend any of its…
CHAPTER 9. Reports §§ 9110–9142 · 8 sections
ARTICLE 1. Definitions § 9110 · 1 section
- § 9110 Unless the context requires otherwise, the definitions set forth in this article govern the construction of this chapter. (a) “Fiscal year” has the same… see note
ARTICLE 2. State Reports §§ 9120–9122 · 3 sections
- § 9120 (a) The department shall prepare and the board shall adopt a flood control system status report for the State Plan of Flood Control. This status report shall…
- § 9121 (a) On or before September 1, 2010, and on or before September 1 of each year thereafter, the department shall provide written notice to each landowner whose…
- § 9122 The board shall determine the areas benefited by facilities of the State Plan of Flood Control based on information developed by the department.
ARTICLE 3. Levee Flood Protection Zone Maps § 9130 · 1 section
- § 9130 (a) The department shall prepare and maintain maps for levee flood protection zones. The department shall prepare the maps by December 31, 2008, and shall…
ARTICLE 4. Local Reports §§ 9140–9142 · 3 sections
- § 9140 (a) On or before September 30 of each year, a local agency responsible for the operation and maintenance of a project levee shall prepare and submit to the…
- § 9141 (a) The department shall prepare and transmit to the board a report on the project levees operated and maintained by each local agency, using information…
- § 9142 A local agency responsible for the operation and maintenance of a project levee may propose to the board an upgrade of the project levee if the local agency…