General Provisions - Central Valley Flood Protection - Water Code - CA

Section § 9600

This law is officially named the Central Valley Flood Protection Act of 2008. The act is focused on managing flood protection in the Central Valley area.

This act shall be known and may be cited as the Central Valley Flood Protection Act of 2008.

Central Valley flood protection 2008 ...

Section § 9601

This section of the law talks about the development in California's Central Valley and the challenges it brings regarding flood protection. The area is changing from agricultural land to urban centers, leading to concerns about whether existing levees, which are meant to decrease but not entirely prevent flooding, can protect these new developments. Historically, the flood protection system was designed with rural, agricultural land in mind, but it may not be sufficient for urban areas without significant improvements. Also, cities and counties use federal flood data to make development decisions, but this data can be outdated, understating the true flood risk. The law emphasizes the need for better linking of land use decisions with current flood risks and protections to ensure safer choices are made by residents considering living in flood-prone areas.

The Legislature finds and declares all of the following:

(a) The Central Valley of California is experiencing unprecedented development, resulting in the conversion of historically agricultural lands and communities to densely populated residential and urban centers.

(b) The Legislature recognizes that by their nature, levees, which are earthen embankments typically founded on fluvial deposits, cannot offer complete protection from flooding, but can decrease its frequency.

(c) The Legislature recognizes that the level of flood protection afforded rural and agricultural lands by the original flood control system would not be adequate to protect those lands if they are developed for urban uses, and that a dichotomous system of flood protection for urban and rural lands has developed through many years of practice.

(d) The Legislature further recognizes that levees built to reclaim and protect agricultural land may be inadequate to protect urban development unless those levees are significantly improved.

(e) Cities and counties rely upon federal flood plain information when approving developments, but the information available is often out of date and the flood risk may be greater than that indicated using available federal information.

(f) The Legislature recognizes that the current federal flood standard is not sufficient in protecting urban and urbanizing areas within flood prone areas throughout the Central Valley.

(g) Linking land use decisions to flood risk and flood protection estimates comprises only one element of improving lives and property in the Central Valley. Federal, state, and local agencies may construct and operate flood protection facilities to reduce flood risks, but flood risks will nevertheless remain for those who choose to reside in Central Valley flood plains. Making those flood risks more apparent will help ensure that Californians make careful choices when deciding whether to build homes or live in Central Valley flood plains, and if so, whether to prepare for flooding or maintain flood insurance.

Central Valley development flood protection levees ...

Section § 9602

This section defines key terms used in managing flood protection in California's Central Valley. It explains that the 'Board' is the Central Valley Flood Protection Board, and the 'Plan' refers to the Central Valley Flood Protection Plan. 'Project levee' relates to levees in the State Plan of Flood Control. 'Public safety infrastructure' includes vital facilities and routes necessary during a flood emergency, such as evacuation routes and utilities. 'Sacramento-San Joaquin Valley' describes the geographical area impacted by the flood management system, excluding the Tulare Lake basin. The 'State Plan of Flood Control' and 'Urban area' are defined by other public resource codes. The 'System' refers to the Sacramento-San Joaquin River Flood Management System, and the 'Urban level of flood protection' is protection against a flood with a 1-in-200 annual chance. These definitions are crucial for the consistent application of flood protection laws.

Unless the context requires otherwise, the definitions set forth in this section govern the construction of this part.

(a) “Board” means the Central Valley Flood Protection Board.

(b) “Plan” means the Central Valley Flood Protection Plan.

(d) “Public safety infrastructure” means public safety infrastructure necessary to respond to a flood emergency, including, but not limited to, street and highway evacuation routes, public utilities necessary for public health and safety, including drinking water and wastewater treatment facilities, and hospitals.

(e) “Sacramento-San Joaquin Valley” means lands in the bed or along or near the banks of the Sacramento River or San Joaquin River, or their tributaries or connected therewith, or upon any land adjacent thereto, or within the overflow basins thereof, or upon land susceptible to overflow therefrom. The Sacramento-San Joaquin Valley does not include lands lying within the Tulare Lake basin, including the Kings River.

(f) “State Plan of Flood Control” has the meaning set forth in subdivision (j) of Section 5096.805 of the Public Resources Code.

(g) “System” means the Sacramento-San Joaquin River Flood Management System described in Section 9611.

(h) “Urban area” has the same meaning as that set forth in subdivision (k) of Section 5096.805 of the Public Resources Code.

(i) “Urban level of flood protection” means the level of protection that is necessary to withstand flooding that has a 1-in-200 chance of occurring in any given year using criteria consistent with, or developed by, the department.

Central Valley Flood Protection Board Central Valley Flood Protection Plan Project levee ...

Section § 9603

This law states that the Central Valley Flood Protection Plan is mainly a descriptive document and doesn't increase California's responsibility for managing flood facilities beyond what's in the State Plan of Flood Control, unless specifically decided otherwise in another section (Section 9611). Creating or adopting this plan doesn't mean the state is obligated to provide, maintain, or raise flood protection to a specific level. It emphasizes a broad approach to protecting areas that are already covered by the State Plan of Flood Control, and any extra benefits to areas outside this protection are unplanned and don't obligate the state to improve flood protection there.

(a) The Central Valley Flood Protection Plan shall be a descriptive document, and neither the plan nor anything in this part shall be construed to expand the liability of the state for the operation or maintenance of any flood management facility beyond the scope of the State Plan of Flood Control, except as specifically determined by the board pursuant to Section 9611. Neither the development nor the adoption of the Central Valley Flood Protection Plan shall be construed to constitute any commitment by the state to provide, to continue to provide, or to maintain at, or to increase flood protection to, any particular level.

(b) The Central Valley Flood Protection Plan reflects a systemwide approach to protecting the lands currently protected from flooding by existing facilities of the State Plan of Flood Control. Any flood protection benefits accruing to lands or communities outside the State Plan of Flood Control are incidental and shall not constitute any commitment by the state to provide, to continue to provide, or to maintain at, or to increase flood protection to, any particular level.

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