CHAPTER 3. Powers, Duties and Jurisdiction [8590. - 8723.]

Chapter 3 added by Stats. 1943, Ch. 369.

§§ 8590–8723 · 125 sections

1. 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…
2. 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…
3. 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…
4. 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…
5. 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.
6. 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…
7. 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…