Central Valley Flood ProtectionPlan Development

Section § 9610

Explanation

By July 1, 2008, the department must create preliminary maps showing the 100- and 200-year flood plains that are protected by project levees. The 100-year maps should align with FEMA's criteria. They’ll use various studies and sources to draft these maps, which will be shared with local governments in the Sacramento-San Joaquin Valley to help with flood protection planning. This information will also be available online. Notices about flood risk maps will go out to cities outside the protected areas. By December 31, 2010, a status report on the Central Valley Flood Protection Plan must be completed and shared publicly. By July 2, 2013, detailed flood plain maps will be released, including data on potential flooding in urban areas and the reliability of levees, but the state won't be liable for decisions made based on this data.

(a)Copy CA Water Code § 9610(a)
(1)Copy CA Water Code § 9610(a)(1) By July 1, 2008, the department shall develop preliminary maps for the 100- and 200-year flood plains protected by project levees. The 100-year flood plain maps shall be prepared using criteria developed or accepted by the Federal Emergency Management Agency (FEMA).
(2)CA Water Code § 9610(a)(2) The department shall use available information from the 2002 Sacramento and San Joaquin River Basins Comprehensive Study, preliminary and regulatory FEMA flood insurance rate maps, recent flood plain studies, and other sources to compile preliminary maps.
(3)CA Water Code § 9610(a)(3) The department shall provide the preliminary maps to cities and counties within the Sacramento-San Joaquin Valley for use as best available information relating to flood protection.
(4)CA Water Code § 9610(a)(4) The department shall post this information on the board’s Internet Web site and may periodically update the maps as necessary.
(b)CA Water Code § 9610(b) By July 1, 2008, the department shall give notice to cities in the Sacramento-San Joaquin Valley outside areas protected by project levees regarding maps and other information as to flood risks available from the Federal Emergency Management Agency or another federal, state, or local agency.
(c)CA Water Code § 9610(c) On or before December 31, 2010, the department shall prepare a status report on the progress and development of the Central Valley Flood Protection Plan pursuant to Section 9612. The department shall post this information on the board’s Internet Web site, and make it available to the public.
(d)Copy CA Water Code § 9610(d)
(1)Copy CA Water Code § 9610(d)(1) On or before July 2, 2013, and for the purpose of providing information to cities and counties necessary for their determinations relating to level of flood protection, the department shall release flood plain maps that identify at a minimum the facilities of the State Plan of Flood Control and the available data as to the water surface elevation of flooding in urban areas in the event of the failure of the facilities of the State Plan of Flood Control during flooding that has a 1-in-200 chance of occurring in any given year.
(2)CA Water Code § 9610(d)(2) Concurrent with the release of these maps and for the purpose of assisting local agencies in determining their level of flood protection, the department shall make available levee reliability data for the facilities of the State Plan of Flood Control identified in the maps.
(e)CA Water Code § 9610(e) The department’s issuance of flood plain maps shall not be subject to the review and approval of the Office of Administrative Law or to any other requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(f)CA Water Code § 9610(f) The state, or any state agency, shall not be liable for any claim based upon the reasonable exercise or performance of a discretionary or ministerial function or duty on the part of a state agency or a state employee or officer in carrying out subdivision (d).
flood plain maps project levees 100-year flood plain ...

Section § 9611

Explanation

This section defines the Sacramento-San Joaquin River Flood Management System, which includes key facilities for flood control. These facilities are part of the State Plan of Flood Control and can include existing dams or levees that provide significant benefits in controlling flood risks or protecting urban areas.

After the Central Valley Flood Protection Plan is completed, additional facilities might be proposed to be included in the system if they enhance flood protection. This could involve bypasses, floodway corridors, or flood plain storage that expand the capacity of the flood protection efforts in the region.

The Sacramento-San Joaquin River Flood Management System comprises all of the following:
(a)CA Water Code § 9611(a) The facilities of the State Plan of Flood Control as that plan may be amended pursuant to this part.
(b)CA Water Code § 9611(b) Any existing dam, levee, or other flood management facility that is not part of the State Plan of Flood Control if the board determines, upon recommendation of the department, that the facility does one or more of the following:
(1)CA Water Code § 9611(b)(1) Provides significant systemwide benefits for managing flood risks within the Sacramento-San Joaquin Valley.
(2)CA Water Code § 9611(b)(2) Protects urban areas within the Sacramento-San Joaquin Valley.
(c)CA Water Code § 9611(c) Upon completion of the Central Valley Flood Protection Plan pursuant to this part, the department may identify and propose to the board additional structural and nonstructural facilities that may become facilities of the State Plan of Flood Control, consistent with the Central Valley Flood Protection Plan. The board may add those facilities to the State Plan of Flood Control based on a determination showing how the facility accomplishes the purposes identified in subdivision (b).
(d)CA Water Code § 9611(d) For the purposes of subdivision (c), facilities that may become facilities of the State Plan of Flood Control include bypasses, floodway corridors, flood plain storage, or other projects that expand the capacity of the flood protection system in the Sacramento-San Joaquin Valley to provide flood protection.
Sacramento-San Joaquin River Flood Management System State Plan of Flood Control ...

Section § 9612

Explanation

This law requires the creation of the Central Valley Flood Protection Plan. The California Department of Water Resources must prepare the plan and submit it to the relevant board for adoption by specific deadlines in 2012.

The board is responsible for holding at least two hearings to gather public feedback—one in the Sacramento Valley and another in the San Joaquin Valley—and they must consider written comments too. They can modify the plan based on feedback and publish any proposed changes two weeks before adopting the plan.

The plan must be updated every five years, specifically in years ending in 2 and 7. Both the department and board may form advisory committees with representatives from interested organizations to assist in developing the plan.

(a)CA Water Code § 9612(a) The department shall prepare, and the board shall adopt, a plan identified as the Central Valley Flood Protection Plan in accordance with this part.
(b)CA Water Code § 9612(b) No later than January 1, 2012, the department shall prepare the Central Valley Flood Protection Plan in accordance with this part, and shall transmit the plan to the board, which shall adopt the plan no later than July 1, 2012.
(c)CA Water Code § 9612(c) The board shall hold at least two hearings to receive comments on the proposed plan. At least one hearing shall be held in the Sacramento Valley and at least one hearing shall be held in the San Joaquin Valley. The board shall also accept comments in writing with regard to the proposed plan.
(d)CA Water Code § 9612(d) The board may make changes to the proposed plan to resolve issues raised in the hearings or to respond to comments received by the board. The board shall publish its proposed changes to the proposed plan at least two weeks before adopting the plan.
(e)CA Water Code § 9612(e) The plan shall be updated in subsequent years ending in 2 and 7.
(f)CA Water Code § 9612(f) The department or the board may appoint one or more advisory committees to assist in the preparation of the plan. If the department or the board appoints one or more advisory committees, the advisory committee or committees shall include representation by interested organizations.
Central Valley Flood Protection Plan Department of Water Resources public hearings ...

Section § 9613

Explanation

This section allows for quick flood protection improvements in urban areas safeguarded by state flood control facilities even before the Central Valley Flood Protection Plan is adopted. The director must confirm that the improvements are urgently needed and that state funding is necessary to protect human lives. These changes shouldn't hinder future flood protection plans and must be maintained by local agencies with adequate funds. Moreover, the proposed projects should be ready to start once funds are allocated and must comply with current laws.

The improvements can include enhancements to existing flood control facilities or acquiring flood easements to better protect urban areas. The department and board should also explore potential new floodways to significantly reduce flood risks in the San Joaquin River Watershed.

(a)CA Water Code § 9613(a) Consistent with subdivision (b) of Section 5096.821 of the Public Resources Code, the department may implement flood protection improvements for urban areas protected by facilities of the State Plan of Flood Control before the adoption of Central Valley Flood Protection Plan if the director determines, in writing, that all of the following apply:
(1)CA Water Code § 9613(a)(1) The improvements are necessary and require state funding before the completion of the Central Valley Flood Protection Plan prepared pursuant to Section 9612.
(2)CA Water Code § 9613(a)(2) The improvements will reduce or avoid risk to human life in one or more urban areas.
(3)CA Water Code § 9613(a)(3) The improvements will not impair or impede future changes to regional flood protection or the Central Valley Flood Protection Plan.
(4)CA Water Code § 9613(a)(4) The improvements will be maintained by a local agency that has committed sufficient funding to maintain both the existing and improved facilities of the State Plan of Flood Control.
(5)CA Water Code § 9613(a)(5) The affected cities, counties, and other public agencies will have sufficient revenue resources for the operation and maintenance of the facility.
(6)CA Water Code § 9613(a)(6) Upon the allocation of funds for a project, the proposed project is ready for implementation.
(7)CA Water Code § 9613(a)(7) The improvements comply with existing law.
(b)CA Water Code § 9613(b) The flood protection improvements authorized by this section may include improvements to specific facilities of the State Plan of Flood Control or acquisition of flood easements for floodways that support facilities of the State Plan of Flood Control to increase levels of flood protection for urban areas in accordance with subdivision (b) of Section 5096.821 of the Public Resources Code.
(c)CA Water Code § 9613(c) The department and the board shall investigate and evaluate the feasibility of potential bypasses or floodways that would significantly reduce flood stage in the San Joaquin River Watershed, upstream and south of Paradise Cut.
flood protection improvements urban areas State Plan of Flood Control ...

Section § 9614

Explanation

This section outlines what a comprehensive plan for the Sacramento-San Joaquin River Flood Management System must include. It should describe the flood system and its performance, listing the cities and counties it covers. The plan details all facilities within the system, such as their locations, history, and the protection they offer. It also evaluates their capacity and risks like overtopping or structural failure, and considers the effects of climate change and land use on flood protection.

Additionally, it includes information on significant dams and levees outside the state plan that aid in flood management. The plan identifies necessary improvements to the facilities, prioritizes actions to bring them up to standard, and lists facilities that might be removed from the plan, including justifications and further steps for each removal. Lastly, it covers methods to enhance urban flood protection and ecosystem functions, like creating habitats and using flood plains.

The plan shall include all of the following:
(a)CA Water Code § 9614(a) A description of the Sacramento-San Joaquin River Flood Management System and the cities and counties included in the system.
(b)CA Water Code § 9614(b) A description of the performance of the system and the challenges to modifying the system to provide appropriate levels of flood protection using available information.
(c)CA Water Code § 9614(c) A description of the facilities included in the State Plan of Flood Control, including all of the following:
(1)CA Water Code § 9614(c)(1) The precise location and a brief description of each facility, a description of the population and property protected by the facility, the system benefits provided by the facility, if any, and a brief history of the facility, including the year of construction, major improvements to the facility, and any failures of the facility.
(2)CA Water Code § 9614(c)(2) The design capacity of each facility.
(3)CA Water Code § 9614(c)(3) A description and evaluation of the performance of each facility, including the following:
(A)CA Water Code § 9614(c)(3)(A) An evaluation of failure risks due to each of the following:
(i)CA Water Code § 9614(c)(3)(A)(i) Overtopping.
(ii)CA Water Code § 9614(c)(3)(A)(ii) Under seepage and seepage.
(iii)CA Water Code § 9614(c)(3)(A)(iii) Structural failure.
(iv)CA Water Code § 9614(c)(3)(A)(iv) Other sources of risk, including seismic risks, that the department or the board determines are applicable.
(B)CA Water Code § 9614(c)(3)(B) A description of any uncertainties regarding performance capability, including uncertainties arising from the need for additional engineering evaluations or uncertainties arising from changed conditions such as changes in estimated channel capacities.
(d)CA Water Code § 9614(d) A description of each existing dam that is not part of the State Plan of Flood Control that provides either significant systemwide benefits for managing flood risks within the Sacramento-San Joaquin Valley or protects urban areas within the Sacramento-San Joaquin Valley.
(e)CA Water Code § 9614(e) A description of each existing levee and other flood management facility not described in subdivision (d) that is not part of the State Plan of Flood Control and that provides either significant systemwide benefits for managing flood risks within the Sacramento-San Joaquin Valley or protects an urban area.
(f)CA Water Code § 9614(f) A description of the probable impacts of projected climate change, projected land use patterns, and other potential flood management challenges on the ability of the system to provide adequate levels of flood protection.
(g)CA Water Code § 9614(g) An evaluation of the structural improvements and repairs necessary to bring each of the facilities of the State Plan of Flood Control to within its design standard. The evaluation shall include a prioritized list of recommended actions necessary to bring each facility not identified in subdivision (h) to within its design standard.
(h)CA Water Code § 9614(h) The evaluation shall include a list of facilities recommended to be removed from the State Plan of Flood Control. For each facility recommended for removal, the evaluation shall identify both of the following:
(1)CA Water Code § 9614(h)(1) The reasons for proposing the removal of the facility from the State Plan of Flood Control.
(2)CA Water Code § 9614(h)(2) Any additional recommended actions associated with removing the facility from the State Plan of Flood Control.
(i)CA Water Code § 9614(i) A description of both structural and nonstructural methods for providing an urban level of flood protection to current urban areas. The description shall also include a list of recommended next steps to improve urban flood protection.
(j)CA Water Code § 9614(j) A description of structural and nonstructural means for enabling or improving systemwide riverine ecosystem function, including, but not limited to, establishment of riparian habitat and seasonal inundation of available flood plains where feasible.
Sacramento-San Joaquin River Flood Management System flood protection system performance ...

Section § 9615

Explanation

This law requires the department to work together with the U.S. Army Corps of Engineers and those who own or run flood management facilities when drafting their plan.

For the purposes of preparing the plan, the department shall collaborate with the United States Army Corps of Engineers and the owners and operators of flood management facilities.
flood management collaboration U.S. Army Corps of Engineers department coordination ...

Section § 9616

Explanation

This law section outlines a plan to enhance flood protection in California. It describes improvements for levees, weirs, bypasses, and other related facilities. The plan aims to achieve several objectives, such as reducing flood risk to human safety, increasing flood protection capacity, and integrating flood protection with water supply systems.

Additionally, it focuses on reducing flood risks in nonurban areas, promoting collaboration between local and state agencies, and enhancing flood protection for urban regions. The plan also encourages natural processes and biodiversity conservation, minimizes system maintenance, and develops a long-term financing strategy. Prioritizing actions for these goals is also required.

(a)CA Water Code § 9616(a) The plan shall include a description of both structural and nonstructural means for improving the performance and elimination of deficiencies of levees, weirs, bypasses, and facilities, including facilities of the State Plan of Flood Control, and, wherever feasible, meet multiple objectives, including each of the following:
(1)CA Water Code § 9616(a)(1) Reduce the risk to human life, health, and safety from flooding, including protection of public safety infrastructure.
(2)CA Water Code § 9616(a)(2) Expand the capacity of the flood protection system in the Sacramento-San Joaquin Valley to either reduce floodflows or convey floodwaters away from urban areas.
(3)CA Water Code § 9616(a)(3) Link the flood protection system with the water supply system.
(4)CA Water Code § 9616(a)(4) Reduce flood risks in currently nonurbanized areas.
(5)CA Water Code § 9616(a)(5) Increase the engagement of local agencies willing to participate in improving flood protection, ensuring a better connection between state flood protection decisions and local land use decisions.
(6)CA Water Code § 9616(a)(6) Improve flood protection for urban areas to the urban level of flood protection.
(7)CA Water Code § 9616(a)(7) Promote natural dynamic hydrologic and geomorphic processes.
(8)CA Water Code § 9616(a)(8) Reduce damage from flooding.
(9)CA Water Code § 9616(a)(9) Increase and improve the quantity, diversity, and connectivity of riparian, wetland, flood plain, and shaded riverine aquatic habitats, including the agricultural and ecological values of these lands.
(10)CA Water Code § 9616(a)(10) Minimize the flood management system operation and maintenance requirements.
(11)CA Water Code § 9616(a)(11) Promote the recovery and stability of native species populations and overall biotic community diversity.
(12)CA Water Code § 9616(a)(12) Identify opportunities and incentives for expanding or increasing use of floodway corridors.
(13)CA Water Code § 9616(a)(13) Provide a feasible, comprehensive, and long-term financing plan for implementing the plan.
(14)CA Water Code § 9616(a)(14) Identify opportunities for reservoir reoperation in conjunction with groundwater flood storage.
(b)CA Water Code § 9616(b) The plan shall include a prioritized list of recommended actions to reduce flood risks and meet the objectives described in subdivision (a).
flood protection levees improvements weirs ...