The Legislature hereby finds and declares that there is an increasing conflict between water development projects and instream beneficial uses such as rafting, swimming, and fishing on the South Fork of the American River between Chili Bar Reservoir and the Salmon Falls Bridge. The Legislature further finds and declares that the state should make reasonable efforts to find solutions to this conflict which will satisfy local water needs while continuing instream beneficial uses.
Part 2.5SOUTH FORK AMERICAN RIVER
Section § 10600
This law section states that there is a growing conflict between water development projects and activities like rafting, swimming, and fishing on a part of the American River in California. The Legislature believes that the state should work to find solutions that balance local water needs with preserving these recreational activities.
water development projects instream beneficial uses rafting swimming fishing South Fork American River Chili Bar Reservoir Salmon Falls Bridge local water needs conflict resolution recreational activities river conservation environmental balance water use conflict California water management
Section § 10601
This law allows the department to work with local entities to study new ways to get water. If developing a water supply on the South Fork of the American River would harm important water uses in the river, they can look for other sources that won't damage the river's benefits. They will share the costs equally with the local communities.
Where a potentially economically viable water supply development on the South Fork of the American River between Chili Bar Reservoir and the Salmon Falls Bridge which will meet local water needs would eliminate or substantially impair significant instream beneficial uses of water, the department may undertake cooperative studies with equal state-local cost sharing to determine whether there is an alternative solution which will meet the local water needs from a different source or location and which will preserve most or all of the instream beneficial uses on that part of the south fork.
water supply development South Fork of the American River Chili Bar Reservoir Salmon Falls Bridge local water needs instream beneficial uses cooperative studies state-local cost sharing alternative water solution environmental preservation river water management water resource planning eco-friendly water sourcing local government cooperation water needs assessment
Section § 10602
This law allows the department to suggest that the state provide financial help for projects involving the South Fork of the American River, between Chili Bar Reservoir and the Salmon Falls Bridge. They can make this suggestion if two conditions are met: First, the financial support makes local alternative projects more appealing compared to developments that could harm the river's beneficial uses. Second, the benefits of protecting those river uses must be worth more than the financial help the state would provide.
The department, with regard to the South Fork of the American River between Chili Bar Reservoir and the Salmon Falls Bridge, may recommend to the Legislature that state financial assistance be provided (1) where it is necessary to make the alternative solution financially attractive to the local area compared to the development which would eliminate or substantially impair the significant instream beneficial uses, and (2) where the value of the instream beneficial uses that would be preserved are greater than the proposed state financial assistance.
South Fork of the American River Chili Bar Reservoir Salmon Falls Bridge state financial assistance instream beneficial uses local area development environmental preservation alternative solutions financial attractiveness legislature recommendations project funding river conservation environmental impact waterway protection economic value comparison
Section § 10603
This law says that when the department conducts studies about water management, they need to consider if generating hydroelectric energy might be necessary to fund future water needs.
In undertaking studies pursuant to this part, the department shall take into consideration the potential necessity to produce hydroelectric energy to pay for future water supplies.
water management studies hydroelectric energy future water supplies funding water resources energy production resource planning water supply costs energy-water nexus water management funding energy generation hydroelectric power water department considerations sustainable water funding
Section § 10604
This section requires the department to work together on studies concerning water management for the Georgetown Divide Public Utility District and the stretch of the South Fork of the American River from Chili Bar Reservoir to Salmon Falls Bridge.
The department shall undertake cooperative studies pursuant to this part for the following:
(a)CA Water Code § 10604(a) The Georgetown Divide Public Utility District and the South Fork of the American River between Chili Bar Reservoir and Salmon Falls Bridge.
cooperative studies Georgetown Divide Public Utility District South Fork of the American River Chili Bar Reservoir Salmon Falls Bridge water management river studies public utility American River water resources hydrology California water environmental studies
Section § 10605
This law states that when the state provides financial help to implement environmental solutions for a river, the State Water Resources Control Board must prioritize preserving the river's ecological benefits when issuing any future permits or licenses for projects on that river.
Where the state provides financial assistance to implement or assist in the implementation of an alternative solution, the State Water Resources Control Board, in considering a subsequent permit or license to be issued for a project on the stretch of river where the preserved instream beneficial uses occur, shall give great weight to the preservation of the instream beneficial uses preserved as a result of the state financial assistance.
State Water Resources Control Board financial assistance alternative solution preserving instream beneficial uses environmental protection river projects state-funded environmental solutions subsequent permit river ecological benefits project licensing instream benefits water resources management river conservation ecological preservation project evaluation
Section § 10606
This law says that if a new permit or license for a project on the South Fork of the American River negatively affects the river's current beneficial uses that were protected with state funds, the project owner must pay back the state for the financial help it gave, including interest. The repayment would be in full or in part, as decided by the board.
If the instream beneficial uses on the South Fork of the American River between Chili Bar Reservoir and the Salmon Falls Bridge preserved by the state financial assistance will be reduced by a subsequent permit or license issued for a project on the stretch of river where the preserved instream beneficial uses occur, the board shall require as a condition of issuance of the permit or license that the recipient repay the amount of the state assistance, or proportionate amounts thereof as determined by the board, including interest at the rate earned by the Pooled Money Investment Account to the fund from which the financial assistance was appropriated.
South Fork American River instream beneficial uses Chili Bar Reservoir Salmon Falls Bridge state financial assistance permit conditions license conditions project impact repayment requirement Pooled Money Investment Account interest repayment board determination environmental protection water rights California river projects
Section § 10607
This section of the law states that the reasons for passing this part are unique and should not be used as an example or influence future legal decisions.
The Legislature finds and declares that the circumstances which resulted in the enactment of this part are unique and therefore this part shall not be considered a precedent.
unique circumstances enactment legal precedent Legislature declaration not a precedent specific legislative intent distinct legislative action non-precedential exceptional legislative context California legislative action
