Water Code

§ 1 This act shall be known as the Water Code. (Enacted By Stats. 1943, Ch. 368.) § 2 The provisions of this code, in so far as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations thereof, and not as new enactments. (Enacted by Stats. 1943, Ch. 368.) § 3 All persons who, at the time this code takes effect, hold office under any of the acts repealed by this code, which offices are continued by this code, continue to hold them according to their former tenure. (Enacted by Stats. 1943, Ch. 368.) § 4 No action or proceeding commenced before this code takes effect, and no right accrued, is affected by this code, but all procedure thereafter taken therein shall conform to the provisions of this code so far as possible. (Enacted by Stats. 1943, Ch. 368.) § 5 Unless the provision or the context otherwise requires, these definitions, rules of construction, and general provisions shall govern the construction of this code. (Enacted by Stats. 1943, Ch. 368.) § 6 Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code. (Enacted by Stats. 1943, Ch. 368.) § 7 Whenever a power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this code expressly provides otherwise. (Enacted by Stats. 1943, Ch. 368.) § 8 Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, petition, or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise. (Enacted by Stats. 1943, Ch. 368.) § 9 Whenever reference is made to any portion of this code or of any other law of this State, the reference applies to all amendments and additions heretofore or hereafter made. (Enacted by Stats. 1943, Ch. 368.) § 10 “Section” means a section of this code unless some other statute is specifically mentioned. “Subdivision” means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. (Enacted by Stats. 1943, Ch. 368.) § 11 The present tense includes the past and future tenses, and the future, the present. (Enacted by Stats. 1943, Ch. 368.) § 12 The masculine gender includes the feminine and the neuter. (Enacted by Stats. 1943, Ch. 368.) § 12.2 “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 118. (SB 1005) Effective January 1, 2017.) § 13 The singular number includes the plural, and the plural, the singular. (Enacted by Stats. 1943, Ch. 368.) § 14 “County” includes city and county. (Enacted by Stats. 1943, Ch. 368.) § 15 “Shall” is mandatory and “may” is permissive. (Enacted by Stats. 1943, Ch. 368.) § 16 “Oath” includes affirmation. (Enacted by Stats. 1943, Ch. 368.) § 17 “Signature” or “subscription” includes mark when the signer or subscriber can not write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto. (Enacted by Stats. 1943, Ch. 368.) § 18 “State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of Columbia and the territories. (Enacted by Stats. 1943, Ch. 368.) § 19 “Person” means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. (Amended by Stats. 1994, Ch. 1010, Sec. 226. Effective January 1, 1995.) § 20 “United States” means the United States of America, and in relation to any particular matter includes the officers, agents, employees, agencies, or instrumentalities authorized to act in relation thereto. (Enacted by Stats. 1943, Ch. 368.) § 21 If any provision of this code, or the application thereof to any person or circumstance, is held invalid, the remainder of the code, or the application of such provision to other persons or circumstances, shall not be affected thereby. (Enacted by Stats. 1943, Ch. 368.) § 22 “Department,” unless otherwise specified, means the Department of Water Resources. (Amended by Stats. 1956, 1st Ex. Sess., Ch. 52.) § 23 “Director,” unless otherwise specified, means the Director of Water Resources. (Repealed and added by Stats. 1956, 1st Ex. Sess., Ch. 52.) § 24 The standard miner’s inch of water is equivalent to one and one-half cubic feet of water per minute, measured through any aperture or orifice. (Enacted by Stats. 1943, Ch. 368.) § 25 “Board,” unless otherwise specified, means the State Water Resources Control Board. (Added by Stats. 1967, Ch. 284.) § 26 For the purposes of this code, “recycled water” or “reclaimed water” has the same meaning as recycled water as defined in subdivision (n) of Section 13050. (Added by Stats. 1995, Ch. 28, Sec. 11.5. Effective January 1, 1996.) § 100 Division 1, Chapter 1 It is hereby declared that because of the conditions prevailing in this State the general welfare requires that the water resources of the State be put to beneficial use to the fullest extent of which they are capable, and that the waste or unreasonable use or unreasonable method of use of water be prevented, and that the conservation of such water is to be exercised with a view to the reasonable and beneficial use thereof in the interest of the people and for the public welfare. The right to water or to the use or flow of water in or from any natural stream or watercourse in this State is and shall be limited to such water as shall be reasonably required for the beneficial use to be served, and such right does not and shall not extend to the waste or unreasonable use or unreasonable method of use or unreasonable method of diversion of water. (Enacted by Stats. 1943, Ch. 368.) § 100.5 Division 1, Chapter 1 It is hereby declared to be the established policy of this state that conformity of a use, method of use, or method of diversion of water with local custom shall not be solely determinative of its reasonableness, but shall be considered as one factor to be weighed in the determination of the reasonableness of the use, method of use, or method of diversion of water, within the meaning of Section 2 of Article X of the California Constitution. (Added by Stats. 1980, Ch. 933, Sec. 1.) § 101 Division 1, Chapter 1 Riparian rights in a stream or watercourse attach to, but to no more than so much of the flow thereof as may be required or used consistently with this and the next preceding section, for the purposes for which such lands are, or may be made adaptable, in view of such reasonable and beneficial uses; provided, however, that nothing in this or the next preceding section shall be construed as depriving any riparian owner of the reasonable use of water of the stream to which his land is riparian under reasonable methods of diversion and use, or of depriving any appropriator of water to which he is lawfully entitled. (Enacted by Stats. 1943, Ch. 368.) § 102 Division 1, Chapter 1 All water within the State is the property of the people of the State, but the right to the use of water may be acquired by appropriation in the manner provided by law. (Enacted by Stats. 1943, Ch. 368.) § 103 Division 1, Chapter 1 In the enactment of this code the Legislature does not intend thereby to effect any change in the law relating to water rights. (Enacted by Stats. 1943, Ch. 368.) § 104 Division 1, Chapter 1 It is hereby declared that the people of the State have a paramount interest in the use of all the water of the State and that the State shall determine what water of the State, surface and underground, can be converted to public use or controlled for public protection. (Enacted by Stats. 1943, Ch. 368.) § 105 Division 1, Chapter 1 It is hereby declared that the protection of the public interest in the development of the water resources of the State is of vital concern to the people of the State and that the State shall determine in what way the water of the State, both surface and underground, should be developed for the greatest public benefit. (Enacted by Stats. 1943, Ch. 368.) § 106 Division 1, Chapter 1 It is hereby declared to be the established policy of this State that the use of water for domestic purposes is the highest use of water and that the next highest use is for irrigation. (Enacted by Stats. 1943, Ch. 368.) § 106.3 Division 1, Chapter 1 (a) It is hereby declared to be the established policy of the state that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes. (b) All relevant state agencies, including the department, the state board, and the State Department of Public Health, shall consider this state policy when revising, adopting, or establishing policies, regulations, and grant criteria when those policies, regulations, and criteria are pertinent to the uses of water described in this section. (c) This section does not expand any obligation of the state to provide water or to require the expenditure of additional resources to develop water infrastructure beyond the obligations that may exist pursuant to subdivision (b). (d) This section shall not apply to water supplies for new development. (e) The implementation of this section shall not infringe on the rights or responsibilities of any public water system. (Added by Stats. 2012, Ch. 524, Sec. 1. (AB 685) Effective January 1, 2013.) § 106.4 Division 1, Chapter 1 (a) For the purposes of this section: (1) “Bottled water” has the same meaning as defined in Section 111070 of the Health and Safety Code. (2) “Residential development” has the same meaning as defined in Section 65008 of the Government Code. (3) “Retail water facility” has the same meaning as defined in Section 111070 of the Health and Safety Code. (4) “Water-vending machine” has the same meaning as defined in Section 111070 of the Health and Safety Code. (5) “Water hauler” has the same meaning as defined in Section 111070 of the Health and Safety Code. (b) A city, including a charter city, or a county shall not issue a building permit for the construction of a new residential development where a source of water supply is water transported by a water hauler, bottled water, a water-vending machine, or a retail water facility. (c) This section does not apply to a residence that will be rebuilt because of a fire or natural disaster. (d) The Legislature finds and declares that this section addresses a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. (Amended by Stats. 2017, Ch. 612, Sec. 1. (AB 367) Effective January 1, 2018.) § 106.5 Division 1, Chapter 1 It is hereby declared to be the established policy of this State that the right of a municipality to acquire and hold rights to the use of water should be protected to the fullest extent necessary for existing and future uses, but that no municipality shall acquire or hold any right to waste water, or to use water for other than municipal purposes, or to prevent the appropriation and application of water in excess of its reasonable and existing needs to useful purposes by others subject to the rights of the municipality to apply such water to municipal uses as and when necessity therefor exists. (Added by Stats. 1945, Ch. 1344.) § 106.7 Division 1, Chapter 1 (a) It is hereby declared to be the established policy of this state to support and encourage the development of environmentally compatible small hydroelectric projects as a renewable energy source, provided that the projects do not result in surface disturbances within the following sensitive areas: (1) Any component of the California Wild and Scenic Rivers System or the National Wild and Scenic Rivers System. (2) Any river designated for study pursuant to Section 5(a) of the National Wild and Scenic River Act (16 U.S.C. 1276(a)). This paragraph shall not apply to any river which, upon the completion of the study, is not included in the National Wild and Scenic Rivers System. (3) Any state or federally designated wilderness area. (4) Any areas designated as a “Critical Condor Habitat” by the United States Fish and Wildlife Service. (b) State agencies shall not approve small hydroelectric development within the sensitive areas specified in subdivision (a). (c) Significant adverse impacts associated with small hydroelectric projects shall be identified by those agencies responsible for the preparation of the environmental impact document. (d) Emphasis on the development of small hydroelectric power generating facilities which are “qualifying small power production facilities” under Section 210 of the Public Utilities Regulatory Policies Act of 1978, shall be on existing dams, diversions, and canals with a sufficient drop so that power may be efficiently generated without significant environmental effects. (e) For hydroelectric power generating facilities, the applicant shall demonstrate that project revenues will exceed project costs, including the cost of mitigation measures over the life of the project. (f) Subdivisions (d) and (e) do not apply to projects with a nameplate capacity of less than 100 kilowatts. (Amended by Stats. 1986, Ch. 807, Sec. 1.) § 107 Division 1, Chapter 1 The declaration of the policy of the State in this chapter is not exclusive, and all other or further declarations of policy in this code shall be given their full force and effect. (Enacted by Stats. 1943, Ch. 368.) § 108 Division 1, Chapter 1 It is hereby declared to be the established policy of this State that in the development and completion of any general or co-ordinated plan prepared and published by the Department of Water Resources or any predecessor thereof or successor thereto, all uses, including needs of the area in which the water originates, of water shall be given consideration. Whenever the Legislature authorizes the construction or acquisition by the State of any project which will develop water for use outside the watershed in which it originates, the Legislature shall at the same time consider the authorization and the construction or acquisition of such other works as may be necessary to develop water to satisfy such of the reasonable ultimate requirements of such watershed as may be needed at the time the export project is authorized or as will be needed within a reasonable time thereafter. The authorization with respect to such additional works may provide for state acquisition or construction, in whole or in part, of any such additional works, or financial assistance to other entities in connection with the acquisition or construction of such works, or a combination thereof. (Added by Stats. 1959, Ch. 2063.) § 108.5 Division 1, Chapter 1 (a) It is hereby declared to be the established policy of the state that source watersheds are recognized and defined as integral components of California’s water infrastructure. (b) (1) As climate change advances, source watersheds that provide the majority of the state’s drinking and irrigated agricultural water are of particular importance to maintaining the reliability, quantity, timing, and quality of California’s environmental, drinking, and agricultural water supply. (2) Recognizing the critical role of source watersheds in enhancing water supply reliability, the maintenance and repair of source watersheds is eligible for the same forms of financing as other water collection and treatment infrastructure. (3) Nothing in this section is intended to constrain financing for source watersheds supplying local, state, or federal water systems. (4) Nothing in this section is intended to supersede federal eligibility requirements or alter any of the following: (A) Funding criteria or guidelines established for a bond or other measure enacted by the voters. (B) Funding programs related to pollution control, cleanup, or abatement. (C) Funding programs for addressing public health emergencies. (c) Eligible maintenance and repair activities pursuant to this section are limited to the following forest ecosystem restoration and conservation activities: (1) Upland vegetation management to restore the watershed’s productivity and resiliency. (2) Wet and dry meadow restoration. (3) Road removal and repair. (4) Stream channel restoration. (5) Conservation of private forests to preserve watershed integrity through permanent prevention of land use conversion and improved land management, achieved through, and secured with, conservation easements. (6) Other projects with a demonstrated likelihood of increasing conditions for water and snow attraction, retention, and release under changing climate conditions. (Added by Stats. 2016, Ch. 695, Sec. 1. (AB 2480) Effective January 1, 2017.) § 109 Division 1, Chapter 1 (a) The Legislature hereby finds and declares that the growing water needs of the state require the use of water in an efficient manner and that the efficient use of water requires certainty in the definition of property rights to the use of water and transferability of such rights. It is hereby declared to be the established policy of this state to facilitate the voluntary transfer of water and water rights where consistent with the public welfare of the place of export and the place of import. (b) The Legislature hereby directs the Department of Water Resources, the State Water Resources Control Board, and all other appropriate state agencies to encourage voluntary transfers of water and water rights, including, but not limited to, providing technical assistance to persons to identify and implement water conservation measures which will make additional water available for transfer. (Amended by Stats. 1982, Ch. 867, Sec. 1.) § 110 Division 1, Chapter 1 (a) The Legislature hereby finds and declares all of the following: (1) The use of potable water to irrigate nonfunctional turf is wasteful and incompatible with state policy relating to climate change, water conservation, and reduced reliance on the Sacramento-San Joaquin Delta ecosystem. (2) The Governor reported in August 2022 that climate change will bring significant enduring reductions in California’s water supply and that the state must take steps to respond to this reality. (3) The State of Nevada enacted AB 356 in 2021 to prohibit the use of Colorado River water to irrigate nonfunctional turf on all properties except single-family residences by January 1, 2027. (b) It is the intent of the Legislature that the irrigation of grasses for agricultural production shall not be limited by requirements to eliminate the use of potable water to irrigate nonfunctional turf. (c) The Legislature hereby directs all appropriate state agencies to encourage and support the elimination of irrigation of nonfunctional turf with potable water. (Added by Stats. 2023, Ch. 849, Sec. 1. (AB 1572) Effective January 1, 2024.) § 112 Division 1, Chapter 1 (a) The efficiency of a reverse osmosis water treatment device means the percentage of water which passes through the water treatment device that is available for subsequent domestic use and which is not discharged directly from the device to the waste disposal system of the residence where the device is used. (b) Notwithstanding any other provision of law, after January 1, 1991, no reverse osmosis water treatment device shall be sold, installed, or rented, for residential use, including any general domestic purposes such as drinking, cleaning, washing, or sanitation, unless the device is equipped with an automatic waste shutoff device or, through other equipment design specifications, achieves or exceeds equal or greater water savings than would occur with an automatic shutoff device. (c) Effective January 1, 1993, any reverse osmosis water treatment device sold, installed, rented, or under service contract prior to January 1, 1991, for residential use shall be retrofit with an automatic waste shutoff device, or, through other equipment design specifications, achieve or exceed equal or greater water savings than would occur with an automatic shutoff device. (Added by Stats. 1990, Ch. 944, Sec. 2.) § 113 Division 1, Chapter 1 It is the policy of the state that groundwater resources be managed sustainably for long-term reliability and multiple economic, social, and environmental benefits for current and future beneficial uses. Sustainable groundwater management is best achieved locally through the development, implementation, and updating of plans and programs based on the best available science. (Added by Stats. 2014, Ch. 346, Sec. 2. (SB 1168) Effective January 1, 2015.) § 120 Division 1, Chapter 2, Article 1 There is in the Resources Agency the Department of Water Resources, which is under the control of an executive officer known as the Director of Water Resources. The director is appointed by the Governor and holds office at the pleasure of the Governor. The appointment of the director is subject to confirmation by the Senate at the next regular or special session of the Legislature, and the refusal or failure of the Senate to confirm the appointment shall create a vacancy in the office. The director shall receive an annual salary as provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code and he is a member of the Governor’s Council. (Amended by Stats. 1961, Ch. 2037.) § 122 Division 1, Chapter 2, Article 1 The director, in addition to being subject to removal from office by the Governor, may be removed from office by the Legislature, by concurrent resolution adopted by a majority vote of all members elected to each house, for dereliction of duty or corruption or incompetency. (Added by renumbering Section 152 by Stats. 1957, Ch. 1932.) § 123 Division 1, Chapter 2, Article 1 Except as provided in Section 179, the department succeeds to and is vested with all of the powers, duties, purposes, responsibilities, and jurisdiction in matters pertaining to water or dams vested in the Department and Director of Public Works, the Division of Water Resources of the Department of Public Works, the State Engineer, the Water Project Authority of the State of California, or any officer of employee thereof. The department also succeeds to and is vested with all of the powers, duties, purposes, responsibilities, and jurisdiction of the Department of Finance under Part 2 (commencing at Section 10500) of Division 6. The department succeeds to and is vested with all of the powers, duties, purposes, responsibilities, and jurisdiction vested in the State Water Resources Board, except as provided in Article 2 (commencing at Section 150) of Chapter 2 of this division. Any commission or other body heretofore or hereafter created by the Legislature to formulate a compact with a similar commission or body from another state relative to the distribution and use of the waters of any interstate streams or bodies of water, including but not limited to the California Klamath River Commission and the California-Nevada Interstate Compact Commission, shall, in formulating a provision in any such compact for the administration of the terms of the compact, provide that the Department of Water Resources shall be the representative of the State of California for the purpose of such administration. (Added by renumbering Section 153 by Stats. 1957, Ch. 1932.) § 124 Division 1, Chapter 2, Article 1 Except to the extent inconsistent with the provisions of this code, the provisions of Chapter 2 (commencing at Section 11150), Part 1, Division 3, Title 2 of the Government Code shall govern and apply to the conduct of the Department of Water Resources in every respect the same as if such provisions were herein set forth at length, and whenever in that chapter the term “head of the department” or similar designation occurs, for the purposes of this section it shall mean the director. (Added by Stats. 1957, Ch. 1932.) § 125 Division 1, Chapter 2, Article 1 For the purpose of administration, the director shall organize the department with the approval of the Governor in the manner he deems necessary to segregate and conduct the work of the department properly. With the approval of the Governor, the director may create such divisions and subdivisions as may be necessary and change or abolish them from time to time. The director with the approval of the Governor may establish branch offices in hydrographic or other regions of the State in order to assure the expeditious conduct of the work of the department in such region, and to assure free and rapid communication of local problems and recommendations to the department and may change or abolish any such branch offices from time to time. Any branch office so established shall be under the control of a branch office manager who, subject to the direction and control of the director, shall represent the department in all matters under the department’s jurisdiction in the region. (Added by renumbering Section 155 by Stats. 1957, Ch. 1932.) § 126 Division 1, Chapter 2, Article 1 There shall be one Deputy Director of Water Resources who shall be a civil executive officer and shall be appointed by the Governor and serve at the pleasure of the Governor. The compensation of the deputy director shall be fixed by the director pursuant to law. The deputy director shall have such duties as shall be assigned, from time to time, by the director, and he shall be responsible to the director for the performance thereof. (Added by renumbering Section 156 by Stats. 1957, Ch. 1932.) § 127 Division 1, Chapter 2, Article 1 The department may employ legal counsel who shall advise the director, represent the department in connection with legal matters before other boards and agencies of the state, and may, when authorized by the Attorney General, represent the department and the state in litigation concerning affairs of the department. In any event, the legal counsel of the department may, with the approval of the director and with the consent of the court before which the action is pending, present to the court the views of the department with respect to the action. Sections 955.4, 955.6, 11041, 11042, 11043, and the first sentence of Section 11157 of the Government Code do not apply to the department. (Amended by Stats. 1983, Ch. 142, Sec. 174.) § 127.5 Division 1, Chapter 2, Article 1 The department may utilize the program manager class series that was created for the California Bay-Delta Authority, for positions to manage vital departmental activities, including those relating to climate change mitigation and adaptation, water management, and statewide planning. (Added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 2. Effective March 1, 2009.) § 128 Division 1, Chapter 2, Article 1 (a) In times of extraordinary stress and of disaster, resulting from storms and floods, or where damage to watershed lands by forest fires has created an imminent threat of floods and damage by water, mud, or debris upon the occurrence of storms, the department may perform any work required or take any remedial measures necessary to avert, alleviate, repair, or restore damage or destruction to property having a general public and state interest and to protect the health, safety, convenience, and welfare of the general public of the state. In carrying out that work, the department may perform the work itself or through or in cooperation with any other state department or agency, the federal government, or any political subdivision, city, or district. (b) This section is intended to supplement the emergency services of the state, and nothing in this section overrides or supersedes the authority of the Director of Emergency Services to coordinate and supervise state action, upon a declaration of a state of emergency, under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) or the Disaster Assistance Act (Chapter 7.5 (commencing with Section 8680) of that division). (Amended by Stats. 2013, Ch. 352, Sec. 527. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.) § 130 Division 1, Chapter 2, Article 1 The department may prepare, publish, and issue such printed pamphlets and bulletins as the director deems necessary for the dissemination of information to the public concerning the activities of the several divisions of the department. Funds available for the support of the several divisions may, with the approval of the Department of Finance, be used to pay the cost of preparation, publication, and distribution. (Added by Stats. 1957, Ch. 1932.) § 131 Division 1, Chapter 2, Article 1 The department may employ such assistance as may be necessary for the proper discharge of its duties, and may purchase or rent any necessary supplies, instruments, tools, equipment, and conveniences. (Added by Stats. 1957, Ch. 1932.) § 132 Division 1, Chapter 2, Article 1 Where work to be performed, which would otherwise be subject to the State Contract Act, does not lend itself to the preparation of plans and specifications to enable bids to be taken on a lump sum or unit basis, the department may perform such work by the use of rented tools or equipment, either with operators furnished or unoperated. Contracts for such rentals shall not be subject to the State Contract Act, but shall be subject to all of the provisions of Section 136.5 of the Streets and Highways Code. (Added by Stats. 1957, Ch. 1932.) § 133 Division 1, Chapter 2, Article 1 The department may cooperate and contract with any agency of the State or of the United States in order to carry out its powers and purposes. (Added by Stats. 1957, Ch. 947.) § 134 Division 1, Chapter 2, Article 1 The department may expend money appropriated for the administration of the laws the enforcement of which is committed to the department. The department may expend such money for the use, support, or maintenance of any appropriate state agency within the department. Such expenditures by the department shall be made in accordance with law in carrying on the work for which the appropriations were made. (Added by Stats. 1957, Ch. 1932.) § 134.5 Division 1, Chapter 2, Article 1 The Director of Finance shall administratively establish positions necessary to implement activities funded by the appropriations made in Division 33 (commencing with Section 83000). (Added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 3. Effective March 1, 2009.) § 135 Division 1, Chapter 2, Article 1 The Water Resources Revolving Fund in the State Treasury is continued in existence. With the approval of the Department of Finance, there shall be transferred to, or deposited in, the fund all money appropriated, contributed, or made available from any source, including sources other than state appropriations, for expenditure on work within the powers and duties of the Department of Water Resources, including but not limited to services, new construction, major construction and equipment, minor construction, maintenance, improvements and equipment, hydraulic or other improvement projects, investigations, surveys, experiments, and reports, as authorized by the state agency for which such an appropriation is made or, as to funds from sources other than state appropriations, as may be authorized by written agreement between the contributor or contributors of such funds and the Department of Water Resources (or any predecessor), when approved by the Department of Finance. Money so transferred or deposited is available for expenditure by the Department of Water Resources, for the purposes for which appropriated, contributed, or made available, without regard to fiscal years and irrespective of the provisions of Section 16304 of the Government Code. The Department of Water Resources may withdraw from the fund for use in work for other public agencies, local, state, or federal, such sums as may be necessary for such work where the money to be paid by such other agencies is not deposited in said fund in advance of the work being done. (Amended by Stats. 1959, Ch. 1848.) § 135.1 Division 1, Chapter 2, Article 1 All sums in the Water Resources Revolving Fund in the State Treasury, maintained pursuant to Section 135, in a sum not to exceed seven hundred fifty thousand dollars ($750,000), the source of which is attributable to the General Fund, and which are held for the purposes of a payroll reserve for vacation, leave, compensating time off, and like purposes, and which, in the judgment of the Department of Finance, are determined to be surplus to the requirements for payments for such purposes on a current basis, shall be available, during the 1968–1969 fiscal year, as follows: (a) Not exceeding two hundred fifty thousand dollars ($250,000) for transfer to the State Water Quality Control Fund; except that any such sum shall be retransferred to the General Fund from the State Water Quality Control Fund in the 1969–1970 fiscal year. (b) Not exceeding five hundred thousand dollars ($500,000) for transfer to the General Fund. (Added by Stats. 1968, Ch. 1039.) § 136 Division 1, Chapter 2, Article 1 The Department of Water Resources shall file against the Water Resources Revolving Fund all claims covering expenditures incurred in connection with services, new construction, major construction and equipment, minor construction, maintenance, improvements and equipment, hydraulic or other improvement projects, investigations, surveys, experiments and reports, and the State Controller shall draw his warrant therefor against that fund. (Added by Stats. 1957, Ch. 1932.) § 137 Division 1, Chapter 2, Article 1 The Department of Water Resources shall keep a record of all expenditures chargeable against each specific portion of the revolving fund, and any unused balance in any portion of the fund shall on approval by the Department of Finance be withdrawn from the revolving fund and transferred to the credit of the appropriation from which it was transferred or, as to funds from other than state appropriations, be paid out or refunded as provided in the agreement relating to the contributions. (Added by Stats. 1957, Ch. 1932.) § 138 Division 1, Chapter 2, Article 1 The director may authorize the refund of moneys received or collected by the department in payment of fees, licenses, permits, tolls, or for rentals, property or services, wherein the license, permit, rental, property or service cannot lawfully be issued, furnished, or transferred to the person making the payment, or in cases where the payment in whole or in part represents overpayment or payment in duplicate. (Added by Stats. 1957, Ch. 1932.) § 138.10 Division 1, Chapter 2, Article 1 (a) On or before January 1, 2006, the director, in collaboration with the Secretary of Interior or his or her designee, shall prepare a plan to meet the existing permit and license conditions for which the department has an obligation, as described in the State Water Resources Control Board Decision No. 1641. (b) The plan shall be designed to achieve compliance with the permit and license conditions described in subdivision (a). The director shall prepare the plan, and submit copies of the plan to the board and the California Bay-Delta Authority, prior to increasing the existing permitted diversion rate at the State Water Project’s Harvey O. Banks Pumping Plant. (c) Nothing in this section limits or restricts the department in its operation of the State Water Project due to failure of other water rights permittees or licensees to meet water quality conditions of their respective permits or licenses. (Added by Stats. 2004, Ch. 612, Sec. 1. Effective January 1, 2005.) § 138.12 Division 1, Chapter 2, Article 1 (a) Except as otherwise provided in a general obligation bond act, the maximum amount that may be allocated for administrative expenses shall not exceed 5 percent of the total amount of funds that the department is required to administer and that are derived from a general obligation bond act that is approved on or after January 1, 2007. (b) The maximum amount that may be allocated for administrative expenses shall not exceed 5 percent of the total amount of funds that result from the sale of revenue bonds by the department. (Added by Stats. 2006, Ch. 831, Sec. 1. Effective January 1, 2007.) § 139.2 Division 1, Chapter 2, Article 1 The department shall evaluate the potential impacts on water supplies derived from the Sacramento-San Joaquin Delta based on 50-, 100-, and 200-year projections for each of the following possible impacts on the delta: (1) Subsidence. (2) Earthquakes. (3) Floods. (4) Changes in precipitation, temperature, and ocean levels. (5) A combination of the impacts specified in paragraphs (1) to (4), inclusive. (Added by Stats. 2005, Ch. 573, Sec. 2. Effective January 1, 2006.) § 139.4 Division 1, Chapter 2, Article 1 (a) The department and the Department of Fish and Game shall determine the principal options for the delta. (b) The department shall evaluate and comparatively rate each option determined in subdivision (a) for its ability to do the following: (1) Prevent the disruption of water supplies derived from the Sacramento-San Joaquin Delta. (2) Improve the quality of drinking water supplies derived from the delta. (3) Reduce the amount of salts contained in delta water and delivered to, and often retained in, our agricultural areas. (4) Maintain delta water quality for delta users. (5) Assist in preserving delta lands. (6) Protect water rights of the “area of origin” and protect the environments of the Sacramento-San Joaquin river systems. (7) Protect highways, utility facilities, and other infrastructure located within the delta. (8) Preserve, protect, and improve delta levees. (c) The Department of Fish and Game shall evaluate and comparatively rate each option determined in subdivision (a) for its ability to restore salmon and other fisheries that use the San Francisco Bay/Sacramento-San Joaquin Delta Estuary. (d) On or before January 1, 2008, the department and the Department of Fish and Game shall jointly report to the Legislature and Governor, in writing, with regard to the results of the evaluation required by Section 139.2 and the comparative ratings required by subdivisions (b) and (c). (Added by Stats. 2005, Ch. 573, Sec. 3. Effective January 1, 2006.) § 140 Division 1, Chapter 2, Article 1 (a) Upon appropriation by the Legislature, which shall not exceed seven million dollars ($7,000,000), the department shall provide funding for a project that substantially conforms to the project description for the Reverse Flow Pump-back Facilities on the Friant-Kern Canal Restoration Project set forth by the draft investment strategy released by the San Joaquin River Restoration Program in December 2014 if the project satisfies the conditions described in subdivision (c). (b) Funding pursuant to this section shall not exceed 80 percent of the total cost of the project. (c) The project identified in this section shall not be eligible for funding pursuant to subdivision (a) until all of the following requirements are met: (1) All feasibility studies are complete and draft environmental impact reports are available for public review. (2) The director receives commitments for not less than 75 percent of the nonstate cost-share requirement of the project. (d) A project funded pursuant to this section shall comply with any other applicable provisions of state and federal law. (Added by Stats. 2016, Ch. 601, Sec. 1. (AB 935) Effective January 1, 2017.) § 141 Division 1, Chapter 2, Article 1 (a) The department may establish a program to authorize private entities to lease space above or adjacent to appropriate conveyance facilities of the State Water Project for the purpose of installing solar photovoltaic panels and systems for generating electricity from those panels and transferring electricity through the related systems. Upon request, the department shall evaluate proposals for installing solar photovoltaic panels and related systems for the generation and transfer of electricity. A proposal submitted to the department for evaluation shall include, but need not be limited to, an engineering study of the proposed solar photovoltaic panels and related systems and an evaluation of the effect the solar photovoltaic panels and related systems may have on water supply, water quality, worker safety, and liability considerations. The costs of the engineering study and the department’s evaluation shall be paid by the person or entity making the request. (b) After approval of a proposal as described in subdivision (a), the department may negotiate any level of compensation for an agreement for the installation of solar photovoltaic panels and related systems that is equal to, or greater than, the cost to the department of meeting its obligations under the agreement. These costs shall include, but are not limited to, the costs of operating and maintaining State Water Project facilities and lease administration that are directly related to the lease and use of the conveyance facilities. (Added by Stats. 2005, Ch. 368, Sec. 2. Effective January 1, 2006.) § 141.5 Division 1, Chapter 2, Article 1 The department shall proceed with the construction of the South Delta Improvements Program, but shall not commence the operational phase of the program until the director certifies, in writing, to the Legislature that the department has completed the operational studies of the project and that the environmental review required by the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) includes a comparison between the implementation of the program and the maintenance of current operations. (Added by Stats. 2006, Ch. 77, Sec. 59. Effective July 18, 2006.) § 142 Division 1, Chapter 2, Article 1 (a) In order to reduce greenhouse gas emissions associated with water and energy usage, on and after January 1, 2008, the department shall do all of the following: (1) Comply with the same greenhouse gas emissions performance standards adopted pursuant to Section 8341 of the Public Utilities Code for a local publicly owned electric utility for new electricity contracts. (2) Use reasonable, feasible, and cost-effective efforts to use energy efficiently, and to increase use of renewable energy in the department’s water operations and in the renegotiation of existing electricity contracts entered into pursuant to Division 27 (commencing with Section 80000). (b) On or before March 1, 2008, and at least once every year thereafter until December 31, 2015, the department shall report to the Legislature and the Governor on the implementation of this section, including, but not limited to, all of the following: (1) The status of any contracts it has for fossil fuel generated electricity and its efforts to reduce its dependency on fossil fuels. (2) Changes to the portfolio of existing energy contracts entered into pursuant to Division 27 (commencing with Section 80000) that have occurred, or are expected to occur, that will alter the contracts’ costs, term, or quantity, or the composition of resources used to deliver power under the contracts. (Added by Stats. 2007, Ch. 178, Sec. 19. Effective August 24, 2007.) § 144 Division 1, Chapter 2, Article 1 (a) Upon an appropriation of funds by the Legislature for the purposes of this section, the department and the board shall develop a plan to deploy a network of stream gages that includes a determination of funding needs and opportunities for modernizing and reactivating existing gages and deploying new gages in priority locations across hydrologic regions in the state, including reference sites. (b) The department and the board, in consultation with the Department of Fish and Wildlife, the Department of Conservation, the Central Valley Flood Protection Board, interested stakeholders, and, to the extent they wish to consult, local agencies, shall develop the plan to address significant gaps in information necessary for water management and the conservation of freshwater species. (c) This section does not expand the authority of the board or the department to require the installation or modification of a stream gage. (d) The department and the board shall give priority in the plan to placing or modernizing and reactivating stream gages where lack of data contributes to conflicts in water management or where water can be more effectively managed for multiple benefits, including, but not limited to, the following benefits: (1) Water supply management. (2) Flood management. (3) Water quality management. (4) Ecosystem management. (e) Other criteria to be considered by the department and the board in developing the plan include all of the following: (1) Opportunities for local agencies to enter cost-share arrangements to install or maintain the stream gage. (2) Ease of integrating the stream gage into the existing network. (3) Availability of historic gage data for specific locations. (4) Availability of temperature data for specific locations. (5) Degree of water quality and flow impacts related to cannabis cultivation. (6) Integration with the Open and Transparent Water Data Act (Part 4.9 (commencing with Section 12400) of Division 6). (7) Ability to provide data to assist with groundwater management. (Added by Stats. 2019, Ch. 361, Sec. 2. (SB 19) Effective January 1, 2020.) § 147 Division 1, Chapter 2, Article 1 (a) On or before January 10, 2010, and annually thereafter, the department shall prepare and submit to the chairpersons of the fiscal committees of the Legislature a report with regard to the budget for the State Water Resources Development System. (b) The department shall include in the report all of the following information: (1) A description of the expenditures made, or projected to be made, as applicable, on behalf of the State Water Resources Development System, by program and fund, and of the total revenues expended, or projected to be expended, as applicable, for that system, including each fund source. (2) A description of the positions within the department that carry out functions related to the State Water Resources Development System, and the total number of those positions. (3) A description of any funds, other than funds generated by the State Water Resources Development System, that are expended, or projected to be expended, as applicable, for the State Water Resources Development System, including those funds used for cost-sharing purposes. (4) An itemization of all contracts related to the Bay-Delta Conservation Plan financed, or projected to be financed, as applicable, in full or in part with funds generated by the State Water Resources Development System, including the dollar amount of those contracts and a brief description of the purposes of those contracts. (c) The department shall include in each report information relating to three fiscal years that include the two completed fiscal years that immediately precede the year in which the report is due, along with applicable information for the fiscal year in which the report is due. The department shall prepare the first report required under subdivision (a) for the 2007–08, 2008–09, and 2009–10 fiscal years. (Added by Stats. 2009, 4th Ex. Sess., Ch. 11, Sec. 27. Effective July 28, 2009.) § 147.1 Division 1, Chapter 2, Article 1 (a) By August 1 of each year, the department shall prepare and submit to the Legislature, and post on the department’s internet website, a detailed accounting for each public works project undertaken by the department using the project delivery methods authorized by Article 1.1 (commencing with Section 10112) and Article 6.5 (commencing with Section 10200) of Chapter 1 of Part 2 of Division 2 of the Public Contract Code. The accounting shall include all of the following: (1) The total number of state-employed staff, including engineers and related positions, utilized by the department to design, inspect, and manage the project. (2) The average annual cost per state staff position utilized to perform work related to the project in the applicable fiscal years. In calculating the total and per-state-staff cost, the department shall use staff salaries and benefits, and other direct costs that can be attributed solely to the performance of state staff services, that would otherwise be incurred by the department. (3) The total number of consultant personnel year-equivalent consultant positions utilized by the department to design, construct, and manage the project. (4) The average, annual, per personnel year-equivalent cost of consultant positions utilized to perform work related to the project in the applicable fiscal year. In calculating the total and per-consultant cost to the department of utilizing a personnel-year equivalent consulting position, the department shall use the cost of procuring the services under the contract, including the price of the contract, the cost to the department of negotiating and awarding the contract, and the cost to the department of supervising, monitoring, and overseeing the services to be performed under the contract. (5) A list of all department contracts issued, for a project described in this subdivision, for the two completed fiscal years that immediately precede the year in which the report is due, along with an estimate for the fiscal year in which the report is due. This shall include all of the following: (A) The dollar amount of the contract. (B) A brief description of the purpose of the contract. (C) The estimated timeline for completion of the project. (b) The accounting to be submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (c) This section shall remain in effect only until January 1, 2034, and as of that date is repealed. (Added by Stats. 2021, Ch. 247, Sec. 5. (SB 626) Effective January 1, 2022. Repealed as of January 1, 2034, by its own provisions.) § 147.3 Division 1, Chapter 2, Article 1 (a) (1) The department shall conduct a voluntary statewide survey of local regional water supply projects and post the results of the survey on the department’s Internet Web site by July 1, 2015. (2) For purposes of complying with paragraph (1), the department may use any other survey that it conducted in conjunction with other agencies or third parties. (b) The survey information posted on the department’s Internet Web site pursuant to subdivision (a) shall include, but not be limited to, all of the following: (1) The projected date for a project to complete the permit process and subsequently commence operations. (2) The cost of the project. (3) The projected additional acre feet of water realized on an annual basis. (Added by Stats. 2014, Ch. 838, Sec. 1. (SB 1120) Effective January 1, 2015.) § 147.5 Division 1, Chapter 2, Article 1 At least 60 days prior to the final approval of the renewal or extension of a long-term water supply contract between the department and a state water project contractor, the department shall present at an informational hearing before the Legislature the details of the terms and conditions of the contract and how they serve as a template for the remaining long-term water supply contracts. This presentation shall be made to the Joint Legislative Budget Committee and relevant policy and fiscal committees of both houses, as determined by the Speaker of the Assembly and the Senate Committee on Rules. The department shall submit a copy of one long-term contract to the Joint Legislative Budget Committee no less than 30 days prior to the scheduled hearing. (Added by Stats. 2012, Ch. 39, Sec. 114. (SB 1018) Effective June 27, 2012.) § 148 Division 1, Chapter 2, Article 1 (a) The department shall perform construction inspection services for all water resources projects authorized pursuant to Article 6 (commencing with Section 10187) and Article 1.1 (commencing with Section 10112) of Chapter 1 of Part 2 of Division 2 of the Public Contract Code. The department shall use department employees or consultants under contract with the department to perform the services described in this section, consistent with Article XXII of the California Constitution. Construction inspection services performed by the department for those projects include, but are not limited to, material source testing, certification testing, monitoring of environmental compliance, independent quality control testing and inspection, and quality assurance audits. The construction inspection duties and responsibilities of the department shall include a direct reporting relationship between the inspectors and senior department engineers responsible for all inspectors and construction inspection services. The senior department engineer responsible for construction inspection services shall be responsible for the acceptance or rejection of the work. (b) Notwithstanding any other law, the department shall retain the authority to stop the contractor’s operation wholly or in part and take appropriate action when public safety is jeopardized on a water resources-related project authorized pursuant to Article 6 (commencing with Section 10187) and Article 1.1 (commencing with Section 10112) of Chapter 1 of Part 2 of Division 2 of the Public Contract Code. The department shall ensure that public safety and convenience is maintained whenever work is performed under an encroachment permit on state property or within the state right-of-way. The department shall regularly inspect the job sites for safety compliance and any possible deficiencies. If any deficiency is observed, the department shall issue a written notice and the deficiency shall be corrected and documented. (c) “Construction inspection services” as used in this section shall not include surveying work performed as part of a Construction Manager/General Contractor or design-build contract. (d) If any provision or application of this section is held invalid by a court of competent jurisdiction, the department shall post on its internet website within 10 business days of the decision of invalidity that this section has been held invalid. (e) This section is severable. If any provision of this section or the remainder of this article, or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (f) This section shall remain in effect only until January 1, 2033, and as of that date is repealed. (Added by Stats. 2021, Ch. 247, Sec. 6. (SB 626) Effective January 1, 2022. Repealed as of January 1, 2033, by its own provisions.) § 150 Division 1, Chapter 2, Article 2 There is in the Department of Water Resources the California Water Commission. (Amended by Stats. 1967, Ch. 180.) § 151 Division 1, Chapter 2, Article 2 The California Water Commission consists of nine members who are appointed by the Governor subject to the confirmation of the Senate, as provided in this article. (Amended by Stats. 1959, Ch. 2112.) § 152 Division 1, Chapter 2, Article 2 Seven members of the California Water Commission appointed by the Governor shall be selected and approved for appointment on the basis of their general educational and business qualifications, and their knowledge of, interest in, and experience with problems relating to the control, storage, and beneficial use of water. They shall be appointed in such a manner as to afford representation on the commission of all parts of the state so far as it is practicable. In considering qualifications of such members of the commission, engineering ability and experience shall be deemed advisable. Two members of the commission appointed by the Governor shall be members of the public having an interest in and knowledge of the environment and need have none of the other qualifications specified in this section. The next two members appointed to the commission by the Governor after the effective date of the amendment of this section at the 1970 Regular Session of the Legislature shall be members of the public having such interest in and knowledge of the environment. (Amended by Stats. 1970, Ch. 1437.) § 153 Division 1, Chapter 2, Article 2 (a) The terms of the members of the California Water Commission in office as of January 1, 1958, shall expire as follows: (1) One member on January 15, 1958. (2) Two members on January 15, 1959. (3) Two members on January 15, 1960. (4) Two members on January 15, 1961. (b) The terms of the two additional members of the commission provided for by Chapter 2112 of the Statutes of 1959 shall expire as follows: (1) One member on January 15, 1962. (2) One member on January 15, 1963. (c) The terms of the successors to the members shall be for four years. (Amended by Stats. 2010, Ch. 125, Sec. 1. (AB 1260) Effective January 1, 2011.) § 153.5 Division 1, Chapter 2, Article 2 (a) Notwithstanding Sections 153 and 154, the term of any member of the California Water Commission, whose appointment has been confirmed by the Senate and who is serving a term that is unexpired as of January 1, 2011, shall expire on May 14, 2014. (b) Commencing May 14, 2014, members shall be appointed to the unexpired terms succeeding to the terms specified in Section 153. (Added by Stats. 2010, Ch. 125, Sec. 2. (AB 1260) Effective January 1, 2011.) § 154 Division 1, Chapter 2, Article 2 Appointments shall be for terms of four years. Vacancies shall be immediately filled by the Governor for the unexpired portion of the terms in which they occur. (Repealed and added by Stats. 1957, Ch. 1932.) § 155 Division 1, Chapter 2, Article 2 The appointments made by the Governor to membership on the California Water Commission shall be subject to confirmation by the Senate at the next regular or special session of the Legislature and the refusal or failure of the Senate to confirm an appointment shall create a vacancy in the office to which the appointment was made. (Amended by Stats. 1957, Ch. 1941.) § 156 Division 1, Chapter 2, Article 2 The members of the California Water Commission may be removed from office by the Legislature, by concurrent resolution adopted by a majority vote of all members elected to each house, for dereliction of duty or corruption or incompetency. (Amended by Stats. 1957, Ch. 1941.) § 157 Division 1, Chapter 2, Article 2 Each member of the California Water Commission shall receive one hundred dollars ($100) for each day during which the member is engaged in the performance of official duties, but shall not be compensated for more than 40 days in any one fiscal year, except that the chairperson of the commission may be compensated for up to 60 days for performance of those duties. In addition to that compensation, each member shall be reimbursed for necessary traveling and other expenses incurred in the performance of official duties. (Amended by Stats. 1987, Ch. 796, Sec. 3. Effective September 18, 1987.) § 158 Division 1, Chapter 2, Article 2 The California Water Commission shall maintain its headquarters at Sacramento and shall hold meetings at such times and at such pla