Section § 6300

Explanation

This law outlines the requirements for applying to build, improve, repair, alter, or remove dams and reservoirs in California. Applicants must estimate the project cost and pay a filing fee based on a sliding scale related to that estimate. Fees range from 3.25% of the first million dollars of project costs, gradually reducing to 0.5% for costs exceeding $500 million. No fee will be less than $1,000. These rules apply to applications submitted after June 30, 2023, and can be adjusted for inflation based on the Consumer Price Index. Applicants can update project costs and fees before construction starts, and the department can refund fees under certain conditions.

(a)CA Water Code § 6300(a) The application for a new dam or reservoir, or the enlargement, repair, alteration, or removal of an existing dam or reservoir, shall set forth the estimated cost, as defined in this article, of the new dam or reservoir, or the enlargement, repair, alteration, or removal of the existing dam or reservoir, and shall be accompanied by a filing fee based upon the estimated cost and according to the following schedule:
(1)CA Water Code § 6300(a)(1) For the first one million dollars ($1,000,000), a fee of 3.25 percent of the estimated cost.
(2)CA Water Code § 6300(a)(2) For the next four million dollars ($4,000,000), a fee of 2.5 percent.
(3)CA Water Code § 6300(a)(3) For the next fifteen million dollars ($15,000,000), a fee of 2 percent.
(4)CA Water Code § 6300(a)(4) For the next thirty million dollars ($30,000,000), a fee of 1.75 percent.
(5)CA Water Code § 6300(a)(5) For the next one hundred million dollars ($100,000,000), a fee of 1.25 percent.
(6)CA Water Code § 6300(a)(6) For the next three hundred fifty million dollars ($350,000,000), a fee of 0.75 percent.
(7)CA Water Code § 6300(a)(7) For all costs in excess of five hundred million dollars ($500,000,000), a fee of 0.5 percent.
(b)CA Water Code § 6300(b) In no case, however, shall the minimum fee be less than one thousand dollars ($1,000).
(c)CA Water Code § 6300(c) The fee schedule in subdivision (a) applies to complete applications, as described in Section 311 of Title 23 of the California Code of Regulations, received after June 30, 2023. Any complete applications received on or before June 30, 2023, shall comply with the filing fee requirements of subdivision (a) as that subdivision read on January 1, 2023.
(d)CA Water Code § 6300(d) The estimated project cost may be amended by the dam owner and additional filing fees may be paid to the department up until the date that construction commences.
(e)CA Water Code § 6300(e) The department shall annually adjust the fee schedule in subdivision (a) to reflect changes in the Consumer Price Index for goods and services published by the United States Bureau of Labor Statistics.
(f)CA Water Code § 6300(f) The department shall adopt, by regulation, a process to adjust the fees to ensure the filing fees collected cover the department’s reasonable costs for application work, which may include, but is not limited to, design review and construction oversight.
(g)CA Water Code § 6300(g) The department may refund filing fees paid by an owner pursuant to this section if requested by the owner. The department may adopt, by regulation, a methodology for determining the criteria and process for filing fee refunds requested by an owner.

Section § 6301

Explanation

This law states that only one filing fee is required when you plan to use structures like flashboards, sandbags, or gates to temporarily change the water level in a reservoir or body of water. These structures can be removed, replaced, or adjusted to raise or lower the water surface.

One filing fee only shall be collected for an enlargement to be effected by flashboards, sandbags, earthen levees, gates, or other works, devices, or obstructions which are, from time to time, to be removed and replaced or opened and shut and thereby operated so as to vary the surface elevation of the impounded water.

Section § 6302

Explanation

This law outlines what should be included when calculating the estimated cost of building, altering, repairing, enlarging, or removing a dam or reservoir. The cost must account for labor and materials, preliminary investigations and surveys, construction plant expenses, labor costs for environmental paperwork, and any other direct costs.

For the purposes of this part, the estimated cost of a new dam or reservoir, or the enlargement, repair, alteration, or removal of an existing dam or reservoir shall include all of the following:
(a)CA Water Code § 6302(a) The cost of all labor and materials entering into the construction of the dam and appurtenant works or reservoir
(b)CA Water Code § 6302(b) The cost of preliminary investigations and surveys.
(c)CA Water Code § 6302(c) The cost of the construction plant properly chargeable to the cost of the dam or reservoir.
(d)CA Water Code § 6302(d) The labor costs of the owner for preparing environmental documentation to meet the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(e)CA Water Code § 6302(e) Any and all other items entering directly into the cost of the dam or reservoir.

Section § 6303

Explanation

This law states that when calculating the costs related to a dam or reservoir project, certain expenses are excluded. Specifically, you shouldn't include costs for land access (right-of-way), separate power plants, electrical equipment, or roads and railways that lead to the dam or reservoir.

The costs of right-of-way, detached powerhouses, electrical generating machinery, and roads and railroads affording access to the dam or reservoir shall not be included among the items used in the determination of cost.

Section § 6304

Explanation

This section explains that the department will not review an application unless at least 20 percent of the filing fee is paid. However, the department can choose to review it at their discretion. The application cannot be approved until the entire filing fee is paid.

An application shall not be considered by the department until at least 20 percent of the filing fee is received, unless the department, in its discretion, decides to consider the application. The application shall not be approved by the department until the filing fee is received in full.

Section § 6305

Explanation

If the actual cost of a project ends up being more than 15% higher than estimated, an additional fee is required. This fee is 115% of the difference between the original fee and what it would have been if based on the actual cost. However, if this extra fee amounts to less than $500, it won't be charged at all.

In the event the actual cost exceeds the estimated cost by more than 15 percent, a further fee shall be required by the department and shall be 115 percent of the amount by which the original fee is less than it would have been had the cost it was based upon been the same as the actual cost. No further fee shall be required, however, if that fee is to be computed at less than five hundred dollars ($500).

Section § 6306

Explanation

If someone applied to build a dam that was less than 90% finished as of August 14, 1929, they needed to pay smaller fees based on how much of the dam was actually completed by that date.

Applications for dams found by the department to have been less than 90 per cent constructed on August 14, 1929, shall be accompanied by fees as much less than provided for dams commenced after the date as the percentage of construction found by the department to have been completed on that date.

Section § 6307

Explanation

This law outlines the fee structure for dam safety supervision in California. The Department of Water Resources (DWR) establishes fees to cover costs related to dam safety, such as reviewing inundation maps and maintaining a reserve. Fees consider the dam's height and are adjusted for cost-of-living changes. If too much or too little revenue is collected, fees are adjusted. Dam owners are notified of fee changes.

Late fees apply if payments are over 30 days late after July 1, excluding supplemental billing. There's a fee limit for dams under 100 acre-feet used for educational purposes or located on farms, with the latter subject to a 20% fee of what's normally assessed. Smaller, privately-owned dams also receive reduced fees. The law includes provisions for emergency regulations to protect public welfare.

(a)Copy CA Water Code § 6307(a)
(1)Copy CA Water Code § 6307(a)(1) The department shall adopt, by regulation, a schedule of fees to cover the department’s reasonable regulatory costs in carrying out the supervision of dam safety, which may include, but is not limited to, the costs of reviewing an inundation map, the amounts necessary to repay budgetary loans, and a prudent reserve.
(2)CA Water Code § 6307(a)(2) The revenue generated by the fees imposed under this section shall be adjusted periodically for cost-of-living increases. If the director determines that the revenue collected during the preceding fiscal year was greater or less than the cost to operate the program, the director shall adjust the fees to compensate for the overcollection or undercollection of revenue. The department shall provide a schedule of fees to the Legislature and to every dam owner that has a permit or has applied for a permit, when any adjustment is made to the fees under this section.
(3)CA Water Code § 6307(a)(3) The schedule of fees adopted pursuant to this subdivision shall be based, in part, on the height of the dam on a per foot basis.
(b)CA Water Code § 6307(b) A penalty plus interest, as set forth in subdivision (b) of Section 6428, may be imposed for fees received more than 30 days after the July 1 required date of payment in any year. This penalty does not apply to any supplemental billing issued by the department.
(c)CA Water Code § 6307(c) For the purposes of this section, “height of the dam” means the vertical distance, to the nearest foot, from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the department, or from the lowest elevation of the outside limit of the barrier, as determined by the department, if it is not across a stream channel or watercourse, to the maximum possible water storage elevation.
(d)CA Water Code § 6307(d) Notwithstanding subdivision (a), the department shall limit the total annual fee per dam if both of the following apply:
(1)CA Water Code § 6307(d)(1) The dam has a storage capacity of not more than 100 acre-feet.
(2)CA Water Code § 6307(d)(2) The governing body of a private school or the governing board of a public school certifies that the dam is used as a subject of study by its students.
(e)Copy CA Water Code § 6307(e)
(1)Copy CA Water Code § 6307(e)(1) Notwithstanding subdivision (a), the department shall limit the total annual fee for dams or reservoirs located on farms or ranch properties to no more than 20 percent of the fees assessed pursuant to subdivision (a).
(2)CA Water Code § 6307(e)(2) For purposes of this subdivision, “farm” has the same meaning as defined in Section 52262 of the Food and Agricultural Code.
(f)Copy CA Water Code § 6307(f)
(1)Copy CA Water Code § 6307(f)(1) Privately owned dams with less than 100 acre-feet of storage capacity shall be assessed an annual fee in accordance with paragraph (1) of subdivision (e).
(2)CA Water Code § 6307(f)(2) As used in this subdivision, “privately owned” does not include dams owned by municipalities, water districts or companies, irrigation districts, private, investor owned or publicly owned utilities, or public agencies.
(g)CA Water Code § 6307(g) Any regulation promulgated pursuant to this section shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.

Section § 6308

Explanation

This law states that any money collected by the department from fees, penalties, interest, fines, or charges related to dam safety will go into a special fund called the Dam Safety Fund. This money is reserved for use by the department to manage the dam safety program, but it can only be accessed with approval from the state Legislature.

All fees, penalties, interest, fines, or charges collected by the department under this division shall be deposited in the Dam Safety Fund, which is hereby established in the State Treasury. The money in that fund shall be available to the department, upon appropriation by the Legislature, for the administration of the dam safety program.

Section § 6309

Explanation

If you're classified as an 'owner' according to Section 6005, you must pay the fees outlined in this chapter.

The fees provided for in this chapter shall be required of any “owner,” as defined in Section 6005.