| 1 | | - | Assembly Bill No. 1164 CHAPTER 943 An act to amend Section 6004 of the Water Code, relating to water. [ Approved by Governor September 30, 2022. Filed with Secretary of State September 30, 2022. ] LEGISLATIVE COUNSEL'S DIGESTAB 1164, Flora. Dams and reservoirs: exclusions: publicly owned or operated regulating basins.Existing law requires the Department of Water Resources to supervise the maintenance and operation of dams and reservoirs as necessary to safeguard life and property. Existing law requires the department to adopt, by regulation, a schedule of fees to cover the departments costs in carrying out the supervision of dam safety. Existing law excludes certain obstructions from being considered a dam, including a barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal purpose of impounding water for agricultural use.This bill would additionally exclude from being considered a dam a regulating basin, as defined, owned or operated by a public entity that is not across a stream channel, watercourse, or natural drainage if certain criteria are met, including, among other criteria, that the owner or operator of the regulating basin, before the construction of the regulating basin, submit to the department an inundation map, stamped by a licensed civil engineer, identifying the flow and depth of water from the regulating basin in the event of a failure of a barrier constructed to form the regulating basin, and that the owner or operator, immediately upon the identification of a failure or the risk of failure of a barrier or works critical to the safe operation of the regulating basin, notify the county sheriff and local emergency managers of all properties likely to be impacted by a failure. The bill would define natural drainage for purposes of these provisions. The bill would also make nonsubstantive changes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 6004 of the Water Code is amended to read:6004. (a) An obstruction in a canal used to raise or lower water therein or divert water therefrom, a levee, including, but not limited to, a levee on the bed of a natural lake with the primary purpose to control floodwaters, a railroad fill or structure, a road or highway fill or structure, a circular tank constructed of steel or concrete, or both, a tank elevated above the ground, and a barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal purpose of impounding water for agricultural use shall not be considered a dam.(b) An obstruction in the channel of a stream or watercourse that is 15 feet or less in height from the lowest elevation of the obstruction and that has the single purpose of spreading water within the bed of the stream or watercourse upstream from the obstruction for percolation underground shall not be considered a dam.(c) The levee of an island adjacent to tidal waters in the Sacramento-San Joaquin Delta, as defined in Section 12220, even when used to impound water, shall not be considered a dam and the impoundment shall not be considered a reservoir if the maximum possible water storage elevation of the impounded water does not exceed four feet above mean sea level, as established by the United States Geological Survey 1929 datum.(d) A noncircular tank, constructed of steel or concrete, or both, that is constructed in a county of the third class by a public agency, under the supervision of a civil engineer registered in the state, that does not exceed 75 acre-feet in capacity or 30 feet in height, and a barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal use as a sewage sludge drying facility, shall not be considered a dam.(e) (1) A regulating basin owned or operated by a public entity that is not across a stream channel, watercourse, or natural drainage shall not be considered a dam if all of the following criteria are met:(A) The barrier constructed to form the regulating basin has a height of no more than 15 feet from the crest to the lowest downstream elevation where the barrier meets natural ground.(B) The regulating basin has a storage capacity of no more than 1,500 acre-feet.(C) The regulating basin, at the time of construction, does not have a downstream hazard classification of high or extremely high, based upon the departments criteria for those determinations.(D) The regulating basin is designed, and its construction is overseen, by a licensed civil engineer.(E) The regulating basin is compliant with the general plan of the county in which it is located.(2) In order for a regulating basin to qualify for the exclusion under paragraph (1), the owner or operator of the regulating basin shall do all of the following:(A) Before the construction of the regulating basin, submit to the department an inundation map, stamped by a licensed civil engineer, identifying the flow and depth of water from the regulating basin in the event of a failure of a barrier constructed to form the regulating basin.(B) Undertake an inspection, conducted by a licensed civil engineer, of all barriers and all appurtenant structures of the regulating basin every two years following the regulating basins construction, and make the report available on the operating agencys internet website.(C) Immediately upon the identification of a failure or the risk of failure of a barrier or works critical to the safe operation of the regulating basin, notify the county sheriff and local emergency managers of all properties likely to be impacted by a failure, in accordance with the identification of those properties on the map submitted pursuant to subparagraph (A).(f) For purposes of this section, the following definitions apply:(1) Licensed civil engineer means a civil engineer licensed pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code.(2) Natural drainage means a land area over which seasonal precipitation or natural spring water accumulates and is channelized directly into a stream or watercourse.(3) Regulating basin means a reservoir constructed to impound and manage the inflow and delivery of water for agricultural uses or for the purpose of groundwater recharge or other actions undertaken to implement the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6). |
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| 1 | + | Enrolled September 02, 2022 Passed IN Senate August 24, 2022 Passed IN Assembly August 31, 2022 Amended IN Senate May 23, 2022 Amended IN Assembly May 04, 2021 Amended IN Assembly March 22, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1164Introduced by Assembly Member FloraFebruary 18, 2021 An act to amend Section 6004 of the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGESTAB 1164, Flora. Dams and reservoirs: exclusions: publicly owned or operated regulating basins.Existing law requires the Department of Water Resources to supervise the maintenance and operation of dams and reservoirs as necessary to safeguard life and property. Existing law requires the department to adopt, by regulation, a schedule of fees to cover the departments costs in carrying out the supervision of dam safety. Existing law excludes certain obstructions from being considered a dam, including a barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal purpose of impounding water for agricultural use.This bill would additionally exclude from being considered a dam a regulating basin, as defined, owned or operated by a public entity that is not across a stream channel, watercourse, or natural drainage if certain criteria are met, including, among other criteria, that the owner or operator of the regulating basin, before the construction of the regulating basin, submit to the department an inundation map, stamped by a licensed civil engineer, identifying the flow and depth of water from the regulating basin in the event of a failure of a barrier constructed to form the regulating basin, and that the owner or operator, immediately upon the identification of a failure or the risk of failure of a barrier or works critical to the safe operation of the regulating basin, notify the county sheriff and local emergency managers of all properties likely to be impacted by a failure. The bill would define natural drainage for purposes of these provisions. The bill would also make nonsubstantive changes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 6004 of the Water Code is amended to read:6004. (a) An obstruction in a canal used to raise or lower water therein or divert water therefrom, a levee, including, but not limited to, a levee on the bed of a natural lake with the primary purpose to control floodwaters, a railroad fill or structure, a road or highway fill or structure, a circular tank constructed of steel or concrete, or both, a tank elevated above the ground, and a barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal purpose of impounding water for agricultural use shall not be considered a dam.(b) An obstruction in the channel of a stream or watercourse that is 15 feet or less in height from the lowest elevation of the obstruction and that has the single purpose of spreading water within the bed of the stream or watercourse upstream from the obstruction for percolation underground shall not be considered a dam.(c) The levee of an island adjacent to tidal waters in the Sacramento-San Joaquin Delta, as defined in Section 12220, even when used to impound water, shall not be considered a dam and the impoundment shall not be considered a reservoir if the maximum possible water storage elevation of the impounded water does not exceed four feet above mean sea level, as established by the United States Geological Survey 1929 datum.(d) A noncircular tank, constructed of steel or concrete, or both, that is constructed in a county of the third class by a public agency, under the supervision of a civil engineer registered in the state, that does not exceed 75 acre-feet in capacity or 30 feet in height, and a barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal use as a sewage sludge drying facility, shall not be considered a dam.(e) (1) A regulating basin owned or operated by a public entity that is not across a stream channel, watercourse, or natural drainage shall not be considered a dam if all of the following criteria are met:(A) The barrier constructed to form the regulating basin has a height of no more than 15 feet from the crest to the lowest downstream elevation where the barrier meets natural ground.(B) The regulating basin has a storage capacity of no more than 1,500 acre-feet.(C) The regulating basin, at the time of construction, does not have a downstream hazard classification of high or extremely high, based upon the departments criteria for those determinations.(D) The regulating basin is designed, and its construction is overseen, by a licensed civil engineer.(E) The regulating basin is compliant with the general plan of the county in which it is located.(2) In order for a regulating basin to qualify for the exclusion under paragraph (1), the owner or operator of the regulating basin shall do all of the following:(A) Before the construction of the regulating basin, submit to the department an inundation map, stamped by a licensed civil engineer, identifying the flow and depth of water from the regulating basin in the event of a failure of a barrier constructed to form the regulating basin.(B) Undertake an inspection, conducted by a licensed civil engineer, of all barriers and all appurtenant structures of the regulating basin every two years following the regulating basins construction, and make the report available on the operating agencys internet website.(C) Immediately upon the identification of a failure or the risk of failure of a barrier or works critical to the safe operation of the regulating basin, notify the county sheriff and local emergency managers of all properties likely to be impacted by a failure, in accordance with the identification of those properties on the map submitted pursuant to subparagraph (A).(f) For purposes of this section, the following definitions apply:(1) Licensed civil engineer means a civil engineer licensed pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code.(2) Natural drainage means a land area over which seasonal precipitation or natural spring water accumulates and is channelized directly into a stream or watercourse.(3) Regulating basin means a reservoir constructed to impound and manage the inflow and delivery of water for agricultural uses or for the purpose of groundwater recharge or other actions undertaken to implement the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6). |
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| 15 | 27 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 17 | 29 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 30 | | |
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| 19 | 31 | | AB 1164, Flora. Dams and reservoirs: exclusions: publicly owned or operated regulating basins. |
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| 20 | 32 | | |
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| 21 | 33 | | Existing law requires the Department of Water Resources to supervise the maintenance and operation of dams and reservoirs as necessary to safeguard life and property. Existing law requires the department to adopt, by regulation, a schedule of fees to cover the departments costs in carrying out the supervision of dam safety. Existing law excludes certain obstructions from being considered a dam, including a barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal purpose of impounding water for agricultural use.This bill would additionally exclude from being considered a dam a regulating basin, as defined, owned or operated by a public entity that is not across a stream channel, watercourse, or natural drainage if certain criteria are met, including, among other criteria, that the owner or operator of the regulating basin, before the construction of the regulating basin, submit to the department an inundation map, stamped by a licensed civil engineer, identifying the flow and depth of water from the regulating basin in the event of a failure of a barrier constructed to form the regulating basin, and that the owner or operator, immediately upon the identification of a failure or the risk of failure of a barrier or works critical to the safe operation of the regulating basin, notify the county sheriff and local emergency managers of all properties likely to be impacted by a failure. The bill would define natural drainage for purposes of these provisions. The bill would also make nonsubstantive changes. |
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| 22 | 34 | | |
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| 23 | 35 | | Existing law requires the Department of Water Resources to supervise the maintenance and operation of dams and reservoirs as necessary to safeguard life and property. Existing law requires the department to adopt, by regulation, a schedule of fees to cover the departments costs in carrying out the supervision of dam safety. Existing law excludes certain obstructions from being considered a dam, including a barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal purpose of impounding water for agricultural use. |
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| 24 | 36 | | |
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| 25 | 37 | | This bill would additionally exclude from being considered a dam a regulating basin, as defined, owned or operated by a public entity that is not across a stream channel, watercourse, or natural drainage if certain criteria are met, including, among other criteria, that the owner or operator of the regulating basin, before the construction of the regulating basin, submit to the department an inundation map, stamped by a licensed civil engineer, identifying the flow and depth of water from the regulating basin in the event of a failure of a barrier constructed to form the regulating basin, and that the owner or operator, immediately upon the identification of a failure or the risk of failure of a barrier or works critical to the safe operation of the regulating basin, notify the county sheriff and local emergency managers of all properties likely to be impacted by a failure. The bill would define natural drainage for purposes of these provisions. The bill would also make nonsubstantive changes. |
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| 26 | 38 | | |
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| 27 | 39 | | ## Digest Key |
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| 28 | 40 | | |
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| 29 | 41 | | ## Bill Text |
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| 30 | 42 | | |
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| 31 | 43 | | The people of the State of California do enact as follows:SECTION 1. Section 6004 of the Water Code is amended to read:6004. (a) An obstruction in a canal used to raise or lower water therein or divert water therefrom, a levee, including, but not limited to, a levee on the bed of a natural lake with the primary purpose to control floodwaters, a railroad fill or structure, a road or highway fill or structure, a circular tank constructed of steel or concrete, or both, a tank elevated above the ground, and a barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal purpose of impounding water for agricultural use shall not be considered a dam.(b) An obstruction in the channel of a stream or watercourse that is 15 feet or less in height from the lowest elevation of the obstruction and that has the single purpose of spreading water within the bed of the stream or watercourse upstream from the obstruction for percolation underground shall not be considered a dam.(c) The levee of an island adjacent to tidal waters in the Sacramento-San Joaquin Delta, as defined in Section 12220, even when used to impound water, shall not be considered a dam and the impoundment shall not be considered a reservoir if the maximum possible water storage elevation of the impounded water does not exceed four feet above mean sea level, as established by the United States Geological Survey 1929 datum.(d) A noncircular tank, constructed of steel or concrete, or both, that is constructed in a county of the third class by a public agency, under the supervision of a civil engineer registered in the state, that does not exceed 75 acre-feet in capacity or 30 feet in height, and a barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal use as a sewage sludge drying facility, shall not be considered a dam.(e) (1) A regulating basin owned or operated by a public entity that is not across a stream channel, watercourse, or natural drainage shall not be considered a dam if all of the following criteria are met:(A) The barrier constructed to form the regulating basin has a height of no more than 15 feet from the crest to the lowest downstream elevation where the barrier meets natural ground.(B) The regulating basin has a storage capacity of no more than 1,500 acre-feet.(C) The regulating basin, at the time of construction, does not have a downstream hazard classification of high or extremely high, based upon the departments criteria for those determinations.(D) The regulating basin is designed, and its construction is overseen, by a licensed civil engineer.(E) The regulating basin is compliant with the general plan of the county in which it is located.(2) In order for a regulating basin to qualify for the exclusion under paragraph (1), the owner or operator of the regulating basin shall do all of the following:(A) Before the construction of the regulating basin, submit to the department an inundation map, stamped by a licensed civil engineer, identifying the flow and depth of water from the regulating basin in the event of a failure of a barrier constructed to form the regulating basin.(B) Undertake an inspection, conducted by a licensed civil engineer, of all barriers and all appurtenant structures of the regulating basin every two years following the regulating basins construction, and make the report available on the operating agencys internet website.(C) Immediately upon the identification of a failure or the risk of failure of a barrier or works critical to the safe operation of the regulating basin, notify the county sheriff and local emergency managers of all properties likely to be impacted by a failure, in accordance with the identification of those properties on the map submitted pursuant to subparagraph (A).(f) For purposes of this section, the following definitions apply:(1) Licensed civil engineer means a civil engineer licensed pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code.(2) Natural drainage means a land area over which seasonal precipitation or natural spring water accumulates and is channelized directly into a stream or watercourse.(3) Regulating basin means a reservoir constructed to impound and manage the inflow and delivery of water for agricultural uses or for the purpose of groundwater recharge or other actions undertaken to implement the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6). |
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| 32 | 44 | | |
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| 33 | 45 | | The people of the State of California do enact as follows: |
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| 34 | 46 | | |
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| 35 | 47 | | ## The people of the State of California do enact as follows: |
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| 36 | 48 | | |
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| 37 | 49 | | SECTION 1. Section 6004 of the Water Code is amended to read:6004. (a) An obstruction in a canal used to raise or lower water therein or divert water therefrom, a levee, including, but not limited to, a levee on the bed of a natural lake with the primary purpose to control floodwaters, a railroad fill or structure, a road or highway fill or structure, a circular tank constructed of steel or concrete, or both, a tank elevated above the ground, and a barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal purpose of impounding water for agricultural use shall not be considered a dam.(b) An obstruction in the channel of a stream or watercourse that is 15 feet or less in height from the lowest elevation of the obstruction and that has the single purpose of spreading water within the bed of the stream or watercourse upstream from the obstruction for percolation underground shall not be considered a dam.(c) The levee of an island adjacent to tidal waters in the Sacramento-San Joaquin Delta, as defined in Section 12220, even when used to impound water, shall not be considered a dam and the impoundment shall not be considered a reservoir if the maximum possible water storage elevation of the impounded water does not exceed four feet above mean sea level, as established by the United States Geological Survey 1929 datum.(d) A noncircular tank, constructed of steel or concrete, or both, that is constructed in a county of the third class by a public agency, under the supervision of a civil engineer registered in the state, that does not exceed 75 acre-feet in capacity or 30 feet in height, and a barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal use as a sewage sludge drying facility, shall not be considered a dam.(e) (1) A regulating basin owned or operated by a public entity that is not across a stream channel, watercourse, or natural drainage shall not be considered a dam if all of the following criteria are met:(A) The barrier constructed to form the regulating basin has a height of no more than 15 feet from the crest to the lowest downstream elevation where the barrier meets natural ground.(B) The regulating basin has a storage capacity of no more than 1,500 acre-feet.(C) The regulating basin, at the time of construction, does not have a downstream hazard classification of high or extremely high, based upon the departments criteria for those determinations.(D) The regulating basin is designed, and its construction is overseen, by a licensed civil engineer.(E) The regulating basin is compliant with the general plan of the county in which it is located.(2) In order for a regulating basin to qualify for the exclusion under paragraph (1), the owner or operator of the regulating basin shall do all of the following:(A) Before the construction of the regulating basin, submit to the department an inundation map, stamped by a licensed civil engineer, identifying the flow and depth of water from the regulating basin in the event of a failure of a barrier constructed to form the regulating basin.(B) Undertake an inspection, conducted by a licensed civil engineer, of all barriers and all appurtenant structures of the regulating basin every two years following the regulating basins construction, and make the report available on the operating agencys internet website.(C) Immediately upon the identification of a failure or the risk of failure of a barrier or works critical to the safe operation of the regulating basin, notify the county sheriff and local emergency managers of all properties likely to be impacted by a failure, in accordance with the identification of those properties on the map submitted pursuant to subparagraph (A).(f) For purposes of this section, the following definitions apply:(1) Licensed civil engineer means a civil engineer licensed pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code.(2) Natural drainage means a land area over which seasonal precipitation or natural spring water accumulates and is channelized directly into a stream or watercourse.(3) Regulating basin means a reservoir constructed to impound and manage the inflow and delivery of water for agricultural uses or for the purpose of groundwater recharge or other actions undertaken to implement the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6). |
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| 38 | 50 | | |
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| 39 | 51 | | SECTION 1. Section 6004 of the Water Code is amended to read: |
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| 40 | 52 | | |
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| 41 | 53 | | ### SECTION 1. |
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| 42 | 54 | | |
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| 43 | 55 | | 6004. (a) An obstruction in a canal used to raise or lower water therein or divert water therefrom, a levee, including, but not limited to, a levee on the bed of a natural lake with the primary purpose to control floodwaters, a railroad fill or structure, a road or highway fill or structure, a circular tank constructed of steel or concrete, or both, a tank elevated above the ground, and a barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal purpose of impounding water for agricultural use shall not be considered a dam.(b) An obstruction in the channel of a stream or watercourse that is 15 feet or less in height from the lowest elevation of the obstruction and that has the single purpose of spreading water within the bed of the stream or watercourse upstream from the obstruction for percolation underground shall not be considered a dam.(c) The levee of an island adjacent to tidal waters in the Sacramento-San Joaquin Delta, as defined in Section 12220, even when used to impound water, shall not be considered a dam and the impoundment shall not be considered a reservoir if the maximum possible water storage elevation of the impounded water does not exceed four feet above mean sea level, as established by the United States Geological Survey 1929 datum.(d) A noncircular tank, constructed of steel or concrete, or both, that is constructed in a county of the third class by a public agency, under the supervision of a civil engineer registered in the state, that does not exceed 75 acre-feet in capacity or 30 feet in height, and a barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal use as a sewage sludge drying facility, shall not be considered a dam.(e) (1) A regulating basin owned or operated by a public entity that is not across a stream channel, watercourse, or natural drainage shall not be considered a dam if all of the following criteria are met:(A) The barrier constructed to form the regulating basin has a height of no more than 15 feet from the crest to the lowest downstream elevation where the barrier meets natural ground.(B) The regulating basin has a storage capacity of no more than 1,500 acre-feet.(C) The regulating basin, at the time of construction, does not have a downstream hazard classification of high or extremely high, based upon the departments criteria for those determinations.(D) The regulating basin is designed, and its construction is overseen, by a licensed civil engineer.(E) The regulating basin is compliant with the general plan of the county in which it is located.(2) In order for a regulating basin to qualify for the exclusion under paragraph (1), the owner or operator of the regulating basin shall do all of the following:(A) Before the construction of the regulating basin, submit to the department an inundation map, stamped by a licensed civil engineer, identifying the flow and depth of water from the regulating basin in the event of a failure of a barrier constructed to form the regulating basin.(B) Undertake an inspection, conducted by a licensed civil engineer, of all barriers and all appurtenant structures of the regulating basin every two years following the regulating basins construction, and make the report available on the operating agencys internet website.(C) Immediately upon the identification of a failure or the risk of failure of a barrier or works critical to the safe operation of the regulating basin, notify the county sheriff and local emergency managers of all properties likely to be impacted by a failure, in accordance with the identification of those properties on the map submitted pursuant to subparagraph (A).(f) For purposes of this section, the following definitions apply:(1) Licensed civil engineer means a civil engineer licensed pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code.(2) Natural drainage means a land area over which seasonal precipitation or natural spring water accumulates and is channelized directly into a stream or watercourse.(3) Regulating basin means a reservoir constructed to impound and manage the inflow and delivery of water for agricultural uses or for the purpose of groundwater recharge or other actions undertaken to implement the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6). |
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| 44 | 56 | | |
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| 45 | 57 | | 6004. (a) An obstruction in a canal used to raise or lower water therein or divert water therefrom, a levee, including, but not limited to, a levee on the bed of a natural lake with the primary purpose to control floodwaters, a railroad fill or structure, a road or highway fill or structure, a circular tank constructed of steel or concrete, or both, a tank elevated above the ground, and a barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal purpose of impounding water for agricultural use shall not be considered a dam.(b) An obstruction in the channel of a stream or watercourse that is 15 feet or less in height from the lowest elevation of the obstruction and that has the single purpose of spreading water within the bed of the stream or watercourse upstream from the obstruction for percolation underground shall not be considered a dam.(c) The levee of an island adjacent to tidal waters in the Sacramento-San Joaquin Delta, as defined in Section 12220, even when used to impound water, shall not be considered a dam and the impoundment shall not be considered a reservoir if the maximum possible water storage elevation of the impounded water does not exceed four feet above mean sea level, as established by the United States Geological Survey 1929 datum.(d) A noncircular tank, constructed of steel or concrete, or both, that is constructed in a county of the third class by a public agency, under the supervision of a civil engineer registered in the state, that does not exceed 75 acre-feet in capacity or 30 feet in height, and a barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal use as a sewage sludge drying facility, shall not be considered a dam.(e) (1) A regulating basin owned or operated by a public entity that is not across a stream channel, watercourse, or natural drainage shall not be considered a dam if all of the following criteria are met:(A) The barrier constructed to form the regulating basin has a height of no more than 15 feet from the crest to the lowest downstream elevation where the barrier meets natural ground.(B) The regulating basin has a storage capacity of no more than 1,500 acre-feet.(C) The regulating basin, at the time of construction, does not have a downstream hazard classification of high or extremely high, based upon the departments criteria for those determinations.(D) The regulating basin is designed, and its construction is overseen, by a licensed civil engineer.(E) The regulating basin is compliant with the general plan of the county in which it is located.(2) In order for a regulating basin to qualify for the exclusion under paragraph (1), the owner or operator of the regulating basin shall do all of the following:(A) Before the construction of the regulating basin, submit to the department an inundation map, stamped by a licensed civil engineer, identifying the flow and depth of water from the regulating basin in the event of a failure of a barrier constructed to form the regulating basin.(B) Undertake an inspection, conducted by a licensed civil engineer, of all barriers and all appurtenant structures of the regulating basin every two years following the regulating basins construction, and make the report available on the operating agencys internet website.(C) Immediately upon the identification of a failure or the risk of failure of a barrier or works critical to the safe operation of the regulating basin, notify the county sheriff and local emergency managers of all properties likely to be impacted by a failure, in accordance with the identification of those properties on the map submitted pursuant to subparagraph (A).(f) For purposes of this section, the following definitions apply:(1) Licensed civil engineer means a civil engineer licensed pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code.(2) Natural drainage means a land area over which seasonal precipitation or natural spring water accumulates and is channelized directly into a stream or watercourse.(3) Regulating basin means a reservoir constructed to impound and manage the inflow and delivery of water for agricultural uses or for the purpose of groundwater recharge or other actions undertaken to implement the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6). |
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| 46 | 58 | | |
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| 47 | 59 | | 6004. (a) An obstruction in a canal used to raise or lower water therein or divert water therefrom, a levee, including, but not limited to, a levee on the bed of a natural lake with the primary purpose to control floodwaters, a railroad fill or structure, a road or highway fill or structure, a circular tank constructed of steel or concrete, or both, a tank elevated above the ground, and a barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal purpose of impounding water for agricultural use shall not be considered a dam.(b) An obstruction in the channel of a stream or watercourse that is 15 feet or less in height from the lowest elevation of the obstruction and that has the single purpose of spreading water within the bed of the stream or watercourse upstream from the obstruction for percolation underground shall not be considered a dam.(c) The levee of an island adjacent to tidal waters in the Sacramento-San Joaquin Delta, as defined in Section 12220, even when used to impound water, shall not be considered a dam and the impoundment shall not be considered a reservoir if the maximum possible water storage elevation of the impounded water does not exceed four feet above mean sea level, as established by the United States Geological Survey 1929 datum.(d) A noncircular tank, constructed of steel or concrete, or both, that is constructed in a county of the third class by a public agency, under the supervision of a civil engineer registered in the state, that does not exceed 75 acre-feet in capacity or 30 feet in height, and a barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal use as a sewage sludge drying facility, shall not be considered a dam.(e) (1) A regulating basin owned or operated by a public entity that is not across a stream channel, watercourse, or natural drainage shall not be considered a dam if all of the following criteria are met:(A) The barrier constructed to form the regulating basin has a height of no more than 15 feet from the crest to the lowest downstream elevation where the barrier meets natural ground.(B) The regulating basin has a storage capacity of no more than 1,500 acre-feet.(C) The regulating basin, at the time of construction, does not have a downstream hazard classification of high or extremely high, based upon the departments criteria for those determinations.(D) The regulating basin is designed, and its construction is overseen, by a licensed civil engineer.(E) The regulating basin is compliant with the general plan of the county in which it is located.(2) In order for a regulating basin to qualify for the exclusion under paragraph (1), the owner or operator of the regulating basin shall do all of the following:(A) Before the construction of the regulating basin, submit to the department an inundation map, stamped by a licensed civil engineer, identifying the flow and depth of water from the regulating basin in the event of a failure of a barrier constructed to form the regulating basin.(B) Undertake an inspection, conducted by a licensed civil engineer, of all barriers and all appurtenant structures of the regulating basin every two years following the regulating basins construction, and make the report available on the operating agencys internet website.(C) Immediately upon the identification of a failure or the risk of failure of a barrier or works critical to the safe operation of the regulating basin, notify the county sheriff and local emergency managers of all properties likely to be impacted by a failure, in accordance with the identification of those properties on the map submitted pursuant to subparagraph (A).(f) For purposes of this section, the following definitions apply:(1) Licensed civil engineer means a civil engineer licensed pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code.(2) Natural drainage means a land area over which seasonal precipitation or natural spring water accumulates and is channelized directly into a stream or watercourse.(3) Regulating basin means a reservoir constructed to impound and manage the inflow and delivery of water for agricultural uses or for the purpose of groundwater recharge or other actions undertaken to implement the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6). |
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| 48 | 60 | | |
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| 49 | 61 | | |
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| 50 | 62 | | |
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| 51 | 63 | | 6004. (a) An obstruction in a canal used to raise or lower water therein or divert water therefrom, a levee, including, but not limited to, a levee on the bed of a natural lake with the primary purpose to control floodwaters, a railroad fill or structure, a road or highway fill or structure, a circular tank constructed of steel or concrete, or both, a tank elevated above the ground, and a barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal purpose of impounding water for agricultural use shall not be considered a dam. |
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| 52 | 64 | | |
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| 53 | 65 | | (b) An obstruction in the channel of a stream or watercourse that is 15 feet or less in height from the lowest elevation of the obstruction and that has the single purpose of spreading water within the bed of the stream or watercourse upstream from the obstruction for percolation underground shall not be considered a dam. |
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| 54 | 66 | | |
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| 55 | 67 | | (c) The levee of an island adjacent to tidal waters in the Sacramento-San Joaquin Delta, as defined in Section 12220, even when used to impound water, shall not be considered a dam and the impoundment shall not be considered a reservoir if the maximum possible water storage elevation of the impounded water does not exceed four feet above mean sea level, as established by the United States Geological Survey 1929 datum. |
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| 56 | 68 | | |
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| 57 | 69 | | (d) A noncircular tank, constructed of steel or concrete, or both, that is constructed in a county of the third class by a public agency, under the supervision of a civil engineer registered in the state, that does not exceed 75 acre-feet in capacity or 30 feet in height, and a barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal use as a sewage sludge drying facility, shall not be considered a dam. |
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| 58 | 70 | | |
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| 59 | 71 | | (e) (1) A regulating basin owned or operated by a public entity that is not across a stream channel, watercourse, or natural drainage shall not be considered a dam if all of the following criteria are met: |
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| 60 | 72 | | |
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| 61 | 73 | | (A) The barrier constructed to form the regulating basin has a height of no more than 15 feet from the crest to the lowest downstream elevation where the barrier meets natural ground. |
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| 62 | 74 | | |
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| 63 | 75 | | (B) The regulating basin has a storage capacity of no more than 1,500 acre-feet. |
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| 64 | 76 | | |
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| 65 | 77 | | (C) The regulating basin, at the time of construction, does not have a downstream hazard classification of high or extremely high, based upon the departments criteria for those determinations. |
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| 66 | 78 | | |
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| 67 | 79 | | (D) The regulating basin is designed, and its construction is overseen, by a licensed civil engineer. |
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| 68 | 80 | | |
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| 69 | 81 | | (E) The regulating basin is compliant with the general plan of the county in which it is located. |
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| 70 | 82 | | |
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| 71 | 83 | | (2) In order for a regulating basin to qualify for the exclusion under paragraph (1), the owner or operator of the regulating basin shall do all of the following: |
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| 72 | 84 | | |
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| 73 | 85 | | (A) Before the construction of the regulating basin, submit to the department an inundation map, stamped by a licensed civil engineer, identifying the flow and depth of water from the regulating basin in the event of a failure of a barrier constructed to form the regulating basin. |
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| 74 | 86 | | |
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| 75 | 87 | | (B) Undertake an inspection, conducted by a licensed civil engineer, of all barriers and all appurtenant structures of the regulating basin every two years following the regulating basins construction, and make the report available on the operating agencys internet website. |
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| 76 | 88 | | |
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| 77 | 89 | | (C) Immediately upon the identification of a failure or the risk of failure of a barrier or works critical to the safe operation of the regulating basin, notify the county sheriff and local emergency managers of all properties likely to be impacted by a failure, in accordance with the identification of those properties on the map submitted pursuant to subparagraph (A). |
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| 78 | 90 | | |
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| 79 | 91 | | (f) For purposes of this section, the following definitions apply: |
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| 80 | 92 | | |
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| 81 | 93 | | (1) Licensed civil engineer means a civil engineer licensed pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code. |
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| 82 | 94 | | |
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| 83 | 95 | | (2) Natural drainage means a land area over which seasonal precipitation or natural spring water accumulates and is channelized directly into a stream or watercourse. |
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| 84 | 96 | | |
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| 85 | 97 | | (3) Regulating basin means a reservoir constructed to impound and manage the inflow and delivery of water for agricultural uses or for the purpose of groundwater recharge or other actions undertaken to implement the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6). |
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