The Santa Ana River Conservancy Program is hereby established, to be administered by the conservancy, to address the resource and recreational goals of the Santa Ana River region, as provided in this chapter.
Chapter 4.6Santa Ana River Conservancy Program
Section § 31170
The Santa Ana River Conservancy Program is set up to help manage and meet both the environmental and recreational needs of the Santa Ana River area. This program will be overseen by the conservancy as explained in the chapter.
Santa Ana River Conservancy resource goals recreational goals Santa Ana River region program administration environmental management recreational management conservancy oversight river conservation local program development
Section § 31171
The California Legislature highlights the importance of the Santa Ana River, noting its vast size and growing population around it. The river flows through several counties and supports communities with uneven access to parks and green spaces, especially in low-income and minority neighborhoods.
Despite ample parkland in the area, communities in counties like San Bernardino and Riverside still lack adequate green spaces. The river itself is a significant natural resource in need of care due to development pressures.
To address these issues, the creation of the Santa Ana River Conservancy Program aims to improve the river's condition by planning and implementing projects focused on restoration, conservation, and recreation.
The Legislature finds and declares all of the following:
(a)CA Public Resources Code § 31171(a) The Santa Ana River is the largest stream system in southern California, covering an area of about 2,700 square miles in parts of Orange, San Bernardino, Riverside, and Los Angeles Counties.
(b)CA Public Resources Code § 31171(b) The Santa Ana River region is home to one of the fastest growing populations in the nation, which is expected to grow from its current five million residents to ten million residents by 2050.
(c)CA Public Resources Code § 31171(c) Not all Orange County residents have equal access to green space. The communities with the worst access to parks lie along the
river in north Orange County, with low-income levels and high concentrations of people of color.
(d)CA Public Resources Code § 31171(d) Despite vast areas of parkland in the region, many communities in San Bernardino and Riverside Counties are park poor, with less than three acres of green space per 1,000 residents. This is particularly true in the communities that were built out before the development boom of the past few decades. As more working class families moved to the area in search of jobs, the population in these older neighborhoods swelled but public resources for parks and recreation were not invested proportionally to the growth.
(e)CA Public Resources Code § 31171(e) The Santa Ana River is an extraordinary natural resource of statewide significance. The river has been subject to intense development and is in need of restoration,
conservation, and enhancement.
(f)CA Public Resources Code § 31171(f) The establishment of the Santa Ana River Conservancy Program will provide the state with the necessary structure to plan and implement restoration and preservation projects and recreation opportunities, and enhance the overall condition of the Santa Ana River.
Santa Ana River southern California population growth park access green space inequality Orange County San Bernardino Riverside Counties park poor communities restoration conservation recreation opportunities Santa Ana River Conservancy Program natural resource community investment
Section § 31172
This section defines key terms for the Santa Ana River Conservancy Program. The 'Program' refers specifically to this conservation effort, while 'Program lands' are any properties involved in the program. The 'Santa Ana River region' is the area along the Santa Ana River, extending one-half mile on either side from its source to the Pacific Ocean, including its tributaries and nearby lands.
For purposes of this chapter, the following terms have the following meanings:
(a)CA Public Resources Code § 31172(a) “Program” means the Santa Ana River Conservancy Program.
(b)CA Public Resources Code § 31172(b) “Program lands” means interests in real property acquired, managed, or subject to a project under this chapter.
(c)CA Public Resources Code § 31172(c) “Santa Ana River region” means those lands that are located within one-half mile on either side of the riverbed of the Santa Ana River, or any of its tributaries, from its headwaters near the San Gorgonio Wilderness Area to the Pacific Ocean at the Santa Ana River Mouth Beach in Huntington Beach and adjacent watersheds
and lands as described in paragraph (2) of subdivision (a) of Section 31175.
Santa Ana River Conservancy Program lands Santa Ana River region Santa Ana River tributaries San Gorgonio Wilderness Area Pacific Ocean Huntington Beach adjacent watersheds real property interests conservation effort headwaters riverbed natural resource management land acquisition
Section § 31173
This law allows the conservancy to start projects and provide financial support, like grants and loans, to public agencies and nonprofits. The goals are to create recreational spaces, protect natural habitats, restore wetlands and agricultural lands, keep the Santa Ana River water clean, and improve educational uses and flood control.
It also promotes public access and enjoyment of program lands while ensuring that both natural and economic resources are protected.
The conservancy may undertake projects and award grants and loans to public agencies and nonprofit organizations to help achieve all of the following goals of the program:
(a)CA Public Resources Code § 31173(a) Recreational opportunities, open space, trails, wildlife habitat and species restoration, enhancement, and protection, wetland restoration and protection, agricultural land restoration and protection, protection and maintenance of the quality of the waters in the Santa Ana River for all beneficial uses, related educational use, and natural floodwater conveyance.
(b)CA Public Resources Code § 31173(b) Public access to, enjoyment of, and enhancement of recreational and educational
experience on, program lands in a manner consistent with the protection of land and natural resources and economic resources in the area.
conservancy projects grants and loans public agencies nonprofit organizations recreational opportunities open space wildlife habitat restoration species protection wetland restoration agricultural land protection Santa Ana River water quality educational use floodwater conveyance public access natural resource protection
Section § 31174
This law outlines the responsibilities of the conservancy in administering a program focused on the Santa Ana River area. The conservancy must form an advisory group of diverse community representatives who assist without pay. They need to draft a comprehensive plan for conserving the Santa Ana River, which includes policies for conserving the watershed, identifying public open spaces for better use, and determining the need for recreational facilities. Projects that enhance recreation, aesthetics, and wildlife habitats are prioritized, provided they do not affect water quality, supply, or flood control. The program must comply with local regulations, and the conservancy is responsible for maintaining facilities in line with the chapter's goals.
In administering the program, the conservancy shall, consistent with the purposes of this chapter, do all of the following:
(a)CA Public Resources Code § 31174(a) Create an advisory group to offer advice, expertise, support, or service to the conservancy, without compensation. The advisory group may be comprised of members of the environmental community, local government, local agencies, and public and private representatives, who are all involved in projects consistent with the goals of this program pursuant to Section 31173.
(b)CA Public Resources Code § 31174(b) Prepare a Santa Ana River Parkway and Open Space Plan that shall, at
minimum, do all of the following:
(1)CA Public Resources Code § 31174(b)(1) Determine the policies and priorities for conserving the Santa Ana River and its watershed.
(2)CA Public Resources Code § 31174(b)(2) Identify underused, existing public open spaces and recommend ways to provide better public use and enjoyment in
those areas.
(3)CA Public Resources Code § 31174(b)(3) Identify and prioritize additional low-impact recreational and open-space needs, including additional or upgraded facilities and parks that may be necessary or desirable.
(c)CA Public Resources Code § 31174(c) Give priority to river-related projects that create expanded opportunities for recreation, greening, aesthetic improvement, and wildlife habitat along the corridor of the river and in parts of the river channel that can be improved without infringing on water quality, water supply, and necessary flood control.
(d)CA Public Resources Code § 31174(d) Implement the program in conformance with all related general and specific plans and zoning regulations of local agencies within the Santa Ana River region.
(e)CA Public Resources Code § 31174(e) Provide for program lands and facilities to be operated and maintained in accordance with the purposes of this chapter.
Santa Ana River conservancy advisory group environmental community local government open space plan policy priorities watershed conservation public spaces recreational facilities wildlife habitat zoning regulations flood control aesthetic improvement land maintenance
Section § 31175
This section outlines the powers of the conservancy responsible for the Santa Ana River region. The conservancy can acquire and manage land, create real estate grants, and has the right of first refusal for surplus public property. It can lease, sell, or exchange real estate, and fund projects for recreation, conservation, and cultural preservation. With any new projects, the conservancy must notify local authorities of its intent. It can also charge fees for land use, seek grants and donations, work with volunteers, enter into contracts, and participate in legal actions.
In carrying out the purposes of this chapter, and without limiting the express or implied powers of the conservancy in implementing other provisions of this division, the conservancy shall have, and may exercise, all necessary rights and powers, expressed or implied, except as otherwise provided in this chapter. Without limitation, the conservancy may do all of the following:
(a)Copy CA Public Resources Code § 31175(a)
(1)Copy CA Public Resources Code § 31175(a)(1) Acquire interests and options in real property and make acquisition grants for these purposes.
(2)CA Public Resources Code § 31175(a)(2) With respect to real property acquisitions by the conservancy of watersheds and lands that are within the Santa Ana River region but
not within one-half mile on either side of the riverbed of the
Santa Ana River, the conservancy shall provide to the city or county with geographic jurisdiction over the affected real property 30 days’ written notice of the conservancy’s intent, unless the city or county agrees to accept less notice in a given case.
(b)CA Public Resources Code § 31175(b) Exercise a right of first refusal, to the extent not in conflict with another law, for surplus public agency property located within the Santa Ana River region, consistent with the Santa Ana River Parkway and Open Space Plan, adopted pursuant to subdivision (b) of Section 31174.
(c)CA Public Resources Code § 31175(c) Lease, rent, sell, exchange, or transfer interests in real property.
(d)Copy CA Public Resources Code § 31175(d)
(1)Copy CA Public Resources Code § 31175(d)(1) Undertake or fund projects to implement site improvements, upgrade
deteriorating facilities or construct new facilities for outdoor recreation, public access, nature appreciation and interpretation; historic and cultural preservation; or protection, restoration, or enhancement of natural resources and habitat.
(2)CA Public Resources Code § 31175(d)(2) If the conservancy intends to undertake a project directly, the conservancy shall provide 30 days’ written notice to the city or county with geographic jurisdiction over the affected real property, unless the city or county agrees to accept less notice in a given case.
(e)CA Public Resources Code § 31175(e) Provide for the management of program lands.
(f)CA Public Resources Code § 31175(f) Fix and collect fees for the use of any land owned or controlled, or for any service provided, by the conservancy. The amount of the fees shall not exceed the
reasonable cost of maintaining and operating the land or providing the services rendered by the conservancy.
(g)CA Public Resources Code § 31175(g) The conservancy may apply for and accept grants, gifts, donations of money and property, subventions, rents, royalties, and other assistance from public and private sources. These funds shall be deposited in the Santa Ana River Conservancy Program Account, as specified in Section 31179, for use in furthering the program.
(h)CA Public Resources Code § 31175(h) Recruit and coordinate volunteers and experts to conduct interpretive and recreational programs, and assist with construction projects and the maintenance of facilities.
(i)CA Public Resources Code § 31175(i) Enter into contracts and joint powers agreements.
(j)CA Public Resources Code § 31175(j) Sue and be sued.
Santa Ana River real property acquisition conservancy powers public access outdoor recreation natural resources preservation cultural preservation right of first refusal acquisition grants land management program lands management fees grants and donations volunteer coordination joint powers agreements
Section § 31176
This section requires the conservancy to collaborate and communicate with public water or wastewater systems before acquiring property or providing grants that affect these systems' facilities and surrounding property.
Additionally, the conservancy must also coordinate with the relevant department under similar circumstances involving the department's properties or interests.
(a)CA Public Resources Code § 31176(a) The conservancy shall, as necessary and appropriate, cooperate and consult with a public water or wastewater system before the conservancy acquires an interest in real property, or awards a grant, that affects facilities and appurtenant land owned or operated by the public water or wastewater system.
(b)CA Public Resources Code § 31176(b) The conservancy shall, as necessary and appropriate, cooperate and consult with the department before the conservancy acquires an interest in real property, or awards a
grant, that affects facilities and appurtenant land owned or operated by the department.
conservancy cooperation public water systems wastewater systems real property acquisition property grants facility impact consultation requirement property interest land acquisition consultation department coordination land use impact public utility involvement real estate consultation infrastructure protection environmental conservancy procedures
Section § 31177
This section outlines the limitations of a conservancy's powers when operating in geographical areas within a city or county. The conservancy must adhere to all local laws and plans and has restrictions on certain actions. Specifically, it cannot use eminent domain, control land owned by other public agencies without an agreement, levy taxes, or interfere with regional transportation projects. Additionally, any actions affecting water rights or facilities in the Santa Ana River area require consent from the affected parties.
(a)CA Public Resources Code § 31177(a) Notwithstanding Section 31175, the conservancy is subject to all laws, regulations, and general and specific plans of the legislative body of the city or county with geographic jurisdiction over the area in which the conservancy proposes to take an action.
(b)CA Public Resources Code § 31177(b) Notwithstanding Section 31175, the conservancy shall not do any of the following:
(1)CA Public Resources Code § 31177(b)(1) Exercise the power of eminent domain in implementing this chapter.
(2)CA Public Resources Code § 31177(b)(2) Manage, regulate, or control the use of any land owned or leased by another public agency, except as provided pursuant to a
written agreement with that public agency.
(3)CA Public Resources Code § 31177(b)(3) Levy a tax.
(4)CA Public Resources Code § 31177(b)(4) Take an action that interferes, conflicts with, impedes, adversely impacts or prevents the planning and implementation of transportation projects and programs contained in the regional transportation plan, approved and maintained, from time to time, by the Southern California Association of Governments.
(5)CA Public Resources Code § 31177(b)(5) Act to affect any water right or water-resource facility, including any publicly owned water treatment works, in the Santa Ana River region and watershed without the consent of the affected party.
conservancy powers local laws compliance eminent domain restriction public land management tax levy prohibition regional transportation plan Southern California Association of Governments water rights consent Santa Ana River public agency agreement geographic jurisdiction
Section § 31178
This law section suggests that whenever possible, the conservancy should work with the California Conservation Corps and Community Conservation Corps to achieve its goals.
To the extent feasible, in carrying out the purposes of this chapter, the conservancy shall utilize the services of the California Conservation Corps and Community Conservation Corps, as defined in Section 14507.5.
California Conservation Corps Community Conservation Corps conservancy collaboration utilization of services feasibility environmental projects community involvement resource management Section 14507.5 conservation efforts youth employment sustainable practices government collaboration public works partnerships environmental stewardship
Section § 31179
This law establishes the Santa Ana River Conservancy Program Account within the State Coastal Conservancy Fund. Money in this account will gain interest and can be used for the program after being allocated through a legal process.
All revenue from the program, including fees, goes into this account. The agency running the program can spend the money on projects like improving facilities, buying land, and supporting operations.
The conservancy can also receive donations of money, services, or goods from public agencies, private organizations, or individuals, which they can use for similar purposes.
(a)CA Public Resources Code § 31179(a) The Santa Ana River Conservancy Program Account is hereby created in the State Coastal Conservancy Fund. Moneys in the account shall accrue interest and be available, upon appropriation, for the purposes of this chapter.
(b)CA Public Resources Code § 31179(b) All revenue, including fee revenue received pursuant to this chapter, shall be deposited in the account.
(c)CA Public Resources Code § 31179(c) The conservancy shall administer funds appropriated to it for the program and may expend those funds for capital improvements, land acquisition, and support of the program’s operations. The conservancy may also accept money, grants, goods, or services contributed to it by a
public agency, private entity, or person and, upon receipt, may use the money, grants, goods, or services for capital improvements, land acquisitions, and support of the program’s operations for purposes of this chapter.
Santa Ana River Conservancy Program State Coastal Conservancy Fund account interest fund appropriation program revenue fee revenue capital improvements land acquisition program operations public agency contributions private entity donations fund administration program support environmental conservation resource management
Section § 31180
This law requires the conservancy to include details about their program in the report they send to the Governor and Legislature, as specified by another section, Section 31108.
The conservancy shall include information about the program in its report to the Governor and Legislature pursuant to Section 31108.
conservancy program reporting requirements Governor report Legislature report Section 31108 program details annual report environmental programs conservancy oversight government reporting state oversight program inclusion conservation agency mandatory reporting conservation program information
