This division shall be known, and may be cited, as the San Joaquin River Conservancy Act.
Chapter 1General Provisions
Section § 32500
This law is officially called the San Joaquin River Conservancy Act. It establishes guidelines and regulations related to the preservation and management of the San Joaquin River.
San Joaquin River River Conservancy preservation management San Joaquin River operations conservancy authority natural resources protection environmental stewardship river ecosystem wildlife habitat preservation regional planning water resources management public access to river recreational opportunities river conservation efforts
Section § 32501
This law expresses that the San Joaquin River and its surrounding areas are valuable for many reasons, such as the environment, culture, science, agriculture, education, recreation, and scenery. It emphasizes the importance of preserving these areas so people can enjoy and appreciate them now and in the future.
The Legislature hereby finds and declares that the San Joaquin River, its broad corridors, and its prominent bluffs constitute a unique and important environmental, cultural, scientific, agricultural, educational, recreational, scenic, flood water conveyance, and wildlife resource that should be preserved for the enjoyment of, and appreciation by, present and future generations.
San Joaquin River environmental preservation cultural heritage scientific importance agricultural significance educational value recreational activities scenic beauty flood management wildlife resource future generations natural corridors river bluffs public enjoyment resource protection
Section § 32502
This law section states that the California Legislature acknowledges the efforts of the San Joaquin River Parkway Task Force. The task force, made up of a variety of state and local interests, has created a plan to develop the San Joaquin River Parkway. The Legislature's goal with this law is to put into action the task force's suggestion to have an organization manage this new parkway.
The Legislature further finds and declares that the San Joaquin River Parkway Task Force, representing diverse state and local interests, has developed a San Joaquin River Parkway Plan which, in concept, outlines and provides a structural framework for ideas for establishing the San Joaquin River Parkway. It is the intent of the Legislature in enacting this division to implement the task force recommendation for a managing entity for the proposed parkway.
San Joaquin River Parkway Task Force River Parkway Plan managing entity structural framework local interests state interests parkway development Legislative intent environmental planning parkway implementation
Section § 32503
This law explains that the San Joaquin River area is managed by different government bodies, including Fresno County, Madera County, and the City of Fresno, with the state having some land interests too. The law aims for the San Joaquin River Conservancy to support the development of the parkway and help coordinate and resolve conflicts between these local governments and the state.
The Legislature further finds and declares that local jurisdiction is divided among the County of Fresno, the County of Madera, and the City of Fresno. Additionally, the state has property interests in the river bottom. It is the intent of the Legislature that the San Joaquin River Conservancy shall promote the parkway and coordinate efforts and mediate differences among the local jurisdictions and the state.
San Joaquin River Conservancy Fresno County Madera County City of Fresno parkway development local jurisdiction state property interests river bottom coordination efforts mediate differences government bodies land management parkway promotion local government collaboration conflict resolution
Section § 32504
This section defines important terms used in relation to the San Joaquin River Conservancy. It clarifies that the "Board" is the governing board of the Conservancy, and the "Conservancy" itself refers to the San Joaquin River Conservancy. The "Member agencies" are identified as the City of Fresno and the Counties of Fresno and Madera. A "Nonprofit organization" is defined based on its 501(c)(3) status under the Internal Revenue Code. The "Parkway" pertains to the San Joaquin River Parkway. Lastly, a "Tribal organization" includes any Indian tribe or group recognized either by the U.S. Secretary of the Interior or listed by the Native American Heritage Commission as a California Native American tribe.
As used in this division:
(a)CA Public Resources Code § 32504(a) “Board” means the governing board of the San Joaquin River Conservancy.
(b)CA Public Resources Code § 32504(b) “Conservancy” means the San Joaquin River Conservancy.
(c)CA Public Resources Code § 32504(c) “Member agencies” means the City of Fresno and Counties of Fresno and Madera.
(d)CA Public Resources Code § 32504(d) “Nonprofit organization” means an exempt organization under Section 501(c)(3) of the Internal Revenue Code.
(e)CA Public Resources Code § 32504(e) “Parkway” means the San Joaquin River Parkway, as described in Section 32510.
(f)CA Public Resources Code § 32504(f) “Tribal organization” means an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe, which is one or both of the following:
(1)CA Public Resources Code § 32504(f)(1) Recognized by the United States Secretary of the Interior and identified within the most current Federal Register.
(2)CA Public Resources Code § 32504(f)(2) Listed on the contact list maintained by the Native American Heritage Commission as a California Native American tribe.
San Joaquin River Conservancy San Joaquin River Parkway governing board City of Fresno Counties of Fresno and Madera nonprofit 501(c)(3) Tribal organization Indian tribe recognition Federal Register Native American Heritage Commission California Native American tribe
Section § 32505
This law section states that a conservancy, which is a type of environmental or land management organization, can start operating if one of two things happens: either 80% of the governing bodies from the member agencies agree, or more than half of the voters say yes in a special election held in Fresno and Madera Counties. The election could happen alongside any other county election.
The conservancy shall commence to function upon the occurrence of either of the following events:
(a)CA Public Resources Code § 32505(a) Approval by a four-fifths vote of the governing bodies of the member agencies.
(b)CA Public Resources Code § 32505(b) Approval by a majority of the voters voting on the proposition of whether the conservancy should commence to function at an election called for that purpose by the Boards of Supervisors of Fresno and Madera Counties within those counties. The election may be consolidated with any other election within those counties.
conservancy commencement governing bodies vote member agencies approval majority voter approval special election Fresno County Madera County Boards of Supervisors consolidated election environmental management land management organization voter proposition election requirements county election voter turnout
Section § 32506
This law says that if most (four-fifths) of a governing body agrees to create a conservancy, an election can be held only in the areas that didn’t approve it. If a member area doesn’t approve the conservancy and voters there don’t support it either, the conservancy can only operate in areas that did agree. Additionally, any area that joins the conservancy can decide to leave within a year of it starting to operate.
If the governing body of any member agency approves formation of the conservancy by a four-fifths vote, the election may be held only within the member agency or agencies not so approving formation.
If one member agency fails to approve the formation of the conservancy and it is not approved by the voters of that member agency, the conservancy may function to acquire and maintain parkway lands only within the jurisdictions of the approving member agencies. A member agency may withdraw from the conservancy within one year after the conservancy commences to function.
conservancy formation four-fifths vote member agency election voter approval parkway land acquisition member agency withdrawal governing body decision jurisdictional approval operational commencement conservancy function election exclusion disapproval consequences jurisdiction restrictions withdrawal time limit conservancy jurisdictions
