Water Code - Division 3: Dams and Reservoirs - Chapter 5: Applications (secs. 6200 - 6267)

10 6155. In case of default in answer or after answer the court shall immediately inquire into the facts and circumstances of the case. 6156. The court may join such parties as it deems necessary or proper in order to make its judgment, order, or writ effective. 6157. The final judgment in such action or proceeding shall either dismiss the action or proceeding or direct that the writ of mandamus or injunction issue or be made permanent as prayed for in the petition, or in such modified or other form as will afford appropriate relief. Chapter 5. Applications Article 1. New Dams and Reservoirs or Enlargements of Dams and Reservoirs 6200. Construction of any new dam or reservoir or the enlargement of any dam or reservoir shall not be commenced until the owner has applied for and obtained from the department written approval of plans and specifications. 6201. A separate application for each dam or reservoir shall be filed with the department upon forms to be provided by it, except that only one application need be filed for a dam and the reservoir which will contain the water impounded by the dam. 6202. The application shall give the following information: (a) The name and address of the owner. (b) The location, type, size, and height of the proposed dam or reservoir and appurtenant works. (c) The storage capacity of the reservoir. (d) Such other pertinent information as the department requires. (e) As accurately as may be readily obtained,the area of the drainage basin, rainfall and streamflow records and floodflow records and estimates. 11 6203. The department may also require the following: (a) Data concerning subsoil and foundation conditions and the materials entering into construction of the dam or reservoir. (b) Investigations of, and reports on, subsurface conditions, involving such matters as exploratory pits, trenches and adits, drilling, coring, geophysical surveys, tests to determine leakage rates, and physical tests to measure in place the properties and behavior of foundation materials at the dam or reservoir site. (c) Investigations of, and reports on, the geology of the dam or reservoir site and its vicinity, possible geologic hazards, availability and quality of construction materials, and other pertinent features. (d) Such other appropriate information as may be necessary in a given instance. 6204. In instances wherein the physical conditions involved and the size of the dam or reservoir are such as to render the above requirements as to drainage areas, rainfall, streamflow, floodflow, and drilling or prospecting of site unnecessary, the department may waive the requirements. 6205. The application shall set forth the purpose for which the impounded or diverted water is to be used. 6206. The application shall be accompanied by maps and plans and specifications of such character and size and setting forth such pertinent details and dimensions as the department requires. The maps and plans and specifications shall be a part of the application. Article 2. Repairs, Alterations or Removals 6225. Before commencing the repair, alteration, or removal of a dam or reservoir, including the alteration or removal of a dam or reservoir so that it no longer constitutes a dam or reservoir as defined in this part, the owner shall secure the written approval of the department, except as provided in this article. 12 6226. The application shall give such pertinent information or data concerning the dam or reservoir, or both, as may be required by the department and such information as to other matters appropriate to a thorough consideration of the safety of such a change as may be required by the department. 6227. The application shall state the proposed time of commencement and of completion of construction. 6228. The application shall give the name and address of applicant, shall adequately detail, with appropriate references to the existing dam or reservoir, the changes which it is proposed to effect, and shall be accompanied by maps and plans and specifications which shall be a part of the application and which shall be of such character and size and set forth such pertinent details and dimensions as the department may require. The department may waive any of the requirements of this section if found by it unnecessary. 6229. In case of an emergency where repairs are necessary to safeguard life and property, repairs may be started immediately, but the department shall be notified at once of proposed repairs and of work under way. 6230. The proposed repairs and work shall be made to conform to such orders as the department issues. Article 3. Dams Constructed Prior to August 14, 1929 6250. Unless application for approval of the dam has heretofore been made, every owner of a dam completed prior to August 14, 1929 shall, immediately after the effective date of this part, file an application for the approval of such dam. 6251. A separate application shall be made for each dam and shall be filed with the department upon forms to be supplied by it and shall supply such appropriate information concerning the dam as the department requires. 6252. The department shall give notice to file to owners who have failed to do so as required by this article, and a failure to file within 30 days after such notice shall be punishable as provided in this part. 6253. The notice provided for in this article may be given by registered mail and a return receipt signed by the owner shall constitute prima facie evidence of service. 13 Article 4. Approval of Applications 6260. Upon receipt of any application other than an application provided for in Article 3 of this chapter the department shall give its consideration thereto and shall approve or disapprove the same within the time provided in this article. 6261. A defective application made in a bona fide attempt to conform to the law and rules and regulations of the department shall not be rejected but notice of defect shall be sent to the applicant by ordinary and registered mail. 6262. If within 30 days of the date of mailing the notice the applicant does not file an amended and perfected application, the application shall be rejected and canceled unless for good cause shown the department allows the applicant further time. 6263. No application shall be approved in less than 10 days from its receipt but all applications shall be approved or disapproved as soon as practicable after the receipt of all data and information found necessary by the department. 6264. Approvals may be granted under terms, conditions, and limitations necessary to safeguard life and property. 6265. Actual construction shall be commenced within one year after date of approval, otherwise the approval becomes void. 6266. The department may, upon written application and for good cause shown, extend the time for commencing construction. 6267. Notice shall be given to the department at least 10 days before construction is to be commenced and such other notices shall be given to the department as it may require. Chapter 6. Fees 6300. (a) The application for a new dam or reservoir or enlargement shall set forth the estimated cost, as defined in this article, of the dam or reservoir or enlargement and shall be accompanied by a filing fee based upon the estimated cost and according to the following schedule: (1) For the first three hundred thousand dollars ($300,000), a fee of 3 percent of the estimated cost.