Section § 32630

Explanation

This law section names a specific division of legal code as the 'San Diego River Conservancy Act.'

This division shall be known, and may be cited, as the San Diego River Conservancy Act.

Section § 32631

Explanation

The San Diego River is a key natural and historical resource that starts near Julian in east San Diego County and flows 52 miles to the Pacific Ocean. It passes through heavily developed areas and needs restoration and conservation. The river offers opportunities for recreation, scientific research, historic preservation, and education. Restoring connections with cultural and historical sites like Old Town San Diego and the Kumeyaay Nation is important for public appreciation of California's history.

The state aims to preserve and enhance this land for the benefit of current and future generations.

(a)CA Public Resources Code § 32631(a) The San Diego River is a natural, historic, and recreational resource in the heart of San Diego. From its headwaters near the town of Julian in east San Diego County, it runs 52 miles through Mission Valley and the first settlement in California at Old Town San Diego before it empties into the Pacific Ocean at Ocean Beach. The river has been subjected to intense development in some parts; it runs through one of San Diego’s most populated neighborhoods and is in need of restoration, conservation, and enhancement all along its length. The area presents excellent opportunities for recreation, scientific research, historic preservation of the first aqueduct in the United States, and educational and cultural activities, of value to California and the nation. Reestablishing the cultural and historic connections between the San Diego River, Old Town San Diego State Historic Park, the Military Presidio, and the Kumeyaay Nation will provide the public with the opportunity to appreciate the state’s historic beginnings.
(b)CA Public Resources Code § 32631(b) Given the opportunities available, the state recognizes the importance of holding this land in trust to be preserved and enhanced for the enjoyment of present and future generations.

Section § 32632

Explanation

This section defines key terms for the San Diego River Conservancy. The 'Conservancy' refers to the San Diego River Conservancy, an organization created to manage environmental efforts around the San Diego River. The 'Fund' is the financial resource for these efforts. The 'governing board' is the board directing the conservancy's activities. 'Historic flumes' are two waterways historically significant for transporting water along the San Diego River. A 'local public agency' is any city or district government entity, while a 'nonprofit organization' is a tax-exempt group focused on land preservation. The 'San Diego River area' includes lands from the River's start near Julian to its end at the Pacific Ocean. Lastly, a 'tribal nation' refers to specific Native American tribes linked to the San Diego area.

For the purposes of this division, the following terms have the following meanings:
(a)CA Public Resources Code § 32632(a) “Conservancy” means the San Diego River Conservancy established by this division.
(b)CA Public Resources Code § 32632(b) “Fund” means the San Diego River Conservancy Fund established pursuant to Section 32657.
(c)CA Public Resources Code § 32632(c) “Governing board” means the governing board of the conservancy.
(d)CA Public Resources Code § 32632(d) “Historic flumes” means both of the following:
(1)CA Public Resources Code § 32632(d)(1) The Padre Dam flume built by Native Americans along the San Diego River to convey water from the Mission Dam to the Mission San Diego de Alcala in the early 1800s.
(2)CA Public Resources Code § 32632(d)(2) The flume built by the San Diego Flume Company in the late 1880s to convey water from a diverting dam on the upper San Diego River to the eastern edge of the City of San Diego.
(e)CA Public Resources Code § 32632(e) “Local public agency” means a city, county, district, or joint powers agency.
(f)CA Public Resources Code § 32632(f) “Nonprofit organization” means a private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of the Internal Revenue Code, as amended, and that has among its principal charitable purposes the preservation of land for scientific, historic, educational, recreational, scenic, or open-space opportunities, the protection of the natural environment, or preservation or enhancement of wildlife.
(g)CA Public Resources Code § 32632(g) “San Diego River area” or “area” means those lands located within the watershed of the San Diego River, from its headwaters near Julian to the Pacific Ocean at Dog Beach in San Diego.
(h)CA Public Resources Code § 32632(h) “Tribal nation” means a Kumeyaay Band that is a federally recognized tribe or a nonfederally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission. The Kumeyaay Band must be located within traditionally and culturally affiliated ancestral Kumeyaay territory within the County of San Diego.