Water Code - Division 7: Water Quality - Chapter 7.7: Environmental Water Act of 1989 (secs. 12929 - 12929.46)

WATER CODE - WAT DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) PART 6. WATER DEVELOPMENT PROJECTS [12570 - 12949.6] ( Part 6 added by Stats. 1953, Ch. 196. ) CHAPTER 7.7. Environmental Water Act of 1989 [12929 - 12929.46] ( Chapter 7.7 added by Stats. 1989, Ch. 715, Sec. 1. ) ARTICLE 1. General Provisions [12929 - 12929.2] ( Article 1 added by Stats. 1989, Ch. 715, Sec. 1. ) 12929. This chapter shall be known and may be cited as the Environmental Water Act of 1989. (Added by Stats. 1989, Ch. 715, Sec. 1.) 12929.1. It is the intent of the Legislature, in enacting this chapter, to prescribe the purposes of the Environmental Water Fund, and to create, and prescribe the purposes of, the Environmental Water Program and the Water Quality Program. (Added by Stats. 1989, Ch. 715, Sec. 1.) 12929.2. As used in this chapter, the following terms have the following meanings: (a) “Department” means the Department of Water Resources. (b) “Board” means the State Water Resources Control Board. (c) “Mono Lake Basin” means Mono Lake and its watershed. (d) “Environmental Water Program” means the Environmental Water Program created pursuant to Article 3 (commencing with Section 12929.20). (e) “Mono Lake Committee” means the California nonprofit citizens organization formed to save Mono Lake. (f) “Water Quality Program” means the Water Quality program created pursuant to Article 4 (commencing with Section 12929.30). javascript:submitCodesValues('12929.','7.29.15.1','1989','715','1',%20'id 282ae6ad-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('12929.1.','7.29.15.1','1989','715','1',%20'id 282ae6af-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('12929.2.','7.29.15.1','1989','715','1',%20'id 282ae6b1-2921-11d9-a6d8-d26807e29bc0') (Added by Stats. 1989, Ch. 715, Sec. 1.) ARTICLE 2. Environmental Water Fund [12929.10 - 12929.15] ( Article 2 added by Stats. 1989, Ch. 715, Sec. 1. ) 12929.10. The Environmental Water Fund is hereby created in the State Treasury. There shall be deposited in the fund all moneys transferred or appropriated to the fund and all income derived from investment of moneys that are in the fund. (Added by Stats. 1989, Ch. 716, Sec. 4.) 12929.11. The department shall expend the money appropriated to it from the Environmental Water Fund for projects or programs concerning the water resources of the state that will contribute significant environmental benefits. (Added by Stats. 1989, Ch. 715, Sec. 1.) 12929.12. (a) It is the intent of the Legislature that sixty-five million dollars ($65,000,000) of the funds that may be transferred, pursuant to paragraph (3) of subdivision (b) of Section 12937, to the California Water Fund from the California Water Resources Development Bond Fund, shall be appropriated to the Environmental Water Fund. It is the intent of the Legislature, subject to subdivision (b), to appropriate to the Environmental Water Fund one million dollars ($1,000,000) in the 1990–91 fiscal year and eight million dollars ($8,000,000) per year in fiscal years 1991–92 to 1998–99, inclusive. However, the director, in consultation with the Department of Finance, may accelerate payments to the California Water Fund for appropriation to the Environmental Water Fund if the director deems it appropriate to do so. (b) It is the further intent of the Legislature that if the director determines that all or any portion of the amount that would otherwise be appropriated in any fiscal year to the Environmental Water Fund in accordance with subdivision (a), or to the Delta Flood Protection Fund pursuant to Section 12303, is required for continued construction of the State Water Resources Development System pursuant to Section 12938, the entire amount that would otherwise be appropriated to the Environmental Fund for that fiscal year shall be reduced to javascript:submitCodesValues('12929.10.','7.29.15.2','1989','716','4',%20'id 282ae6b5-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('12929.11.','7.29.15.2','1989','715','1',%20'id 28310137-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('12929.12.','7.29.15.2','2006','538','676',%20'id 7da6ab83-81da-11db-8937-8407347e20fb') zero before any reduction is made in the amount to be appropriated to the Delta Flood Protection Fund. It is also the intent of the Legislature that any reduction in funds appropriated to the Environmental Water Fund and the Delta Flood Protection Fund pursuant to this subdivision be made up from funds transferred to the California Water Fund pursuant to paragraph (3) of subdivision (b) of Section 12937 in subsequent fiscal years. (Amended by Stats. 2006, Ch. 538, Sec. 676. Effective January 1, 2007.) 12929.13. It is further the intent of the Legislature that the reductions and transfers described in Sections 11913, 12303, and 12929.12 shall continue until the obligation of the State Water Resources Development System to reimburse the California Water Fund pursuant to paragraph (3) of subdivision (b) of Section 12937 is satisfied. (Added by Stats. 1989, Ch. 716, Sec. 6.) 12929.14. It is the intent of the Legislature that nine million dollars ($9,000,000) per year be appropriated in the annual Budget Act for the 1994–95 to 1997–98 fiscal years, inclusive, to pay for programs and projects included in the environmental water program. (Amended by Stats. 1994, Ch. 626, Sec. 1. Effective January 1, 1995.) 12929.15. From the funds appropriated to the department from the Environmental Water Fund, it is the intent of the Legislature that the department allocate at least one million dollars ($1,000,000) per year, in the 1995–96 to 1997–98 fiscal years, inclusive, to programs and projects included in the Water Quality Program. However, not more than five million dollars ($5,000,000) of the funds appropriated to the Environmental Water Fund pursuant to Section 12929.12 shall be appropriated for this purpose. (Amended by Stats. 1994, Ch. 626, Sec. 2. Effective January 1, 1995.) ARTICLE 3. Environmental Water Program [12929.20 - 12929.27] javascript:submitCodesValues('12929.13.','7.29.15.2','1989','716','6',%20'id 2831013b-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('12929.14.','7.29.15.2','1994','626','1',%20'id 2831013d-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('12929.15.','7.29.15.2','1994','626','2',%20'id 2831013f-2921-11d9-a6d8-d26807e29bc0') ( Article 3 added by Stats. 1989, Ch. 715, Sec. 1. ) 12929.20. The Legislature hereby finds and declares that diversions of water out of the Mono Lake Basin by the City of Los Angeles have lowered the water level of Mono Lake and that future water diversions need to be managed to protect Mono Lake and the Mono Lake Basin. The department, upon acceptance of an application or applications pursuant to Section 12929.21, shall expend money available from the Environmental Water Fund to preserve the wildlife and environment of the Mono Lake Basin. (Added by Stats. 1989, Ch. 715, Sec. 1.) 12929.21. The City of Los Angeles, jointly with the Mono Lake Committee, may submit one or more grant applications to the department to protect and preserve the Mono Lake Basin. The grant applications shall benefit and enhance the lake’s ecosystem and contribute to permanent protection of the Mono Lake Basin environment, including, but not limited to, nesting and migratory bird populations, air quality, fish, and other wildlife, as well as provide replacement water and power to the city. Any project funded by a grant shall not unreasonably affect fish, wildlife, or other instream beneficial uses. (Added by Stats. 1989, Ch. 715, Sec. 1.) 12929.22. Funds expended for purposes of Section 12929.20 shall be expended only for an eligible project which is consistent with a grant application pursuant to Section 12929.21. The City of Los Angeles shall be the sole grantee for any funds expended for an eligible project. For purposes of this section, “eligible project” means a water or power conservation project, a waste water reclamation project, a conjunctive use program, a groundwater recharge project, the enlargement of existing water or power facilities owned by the City of Los Angeles, electric power production facilities, or a water marketing program. Priority shall be given to projects or programs that conserve water or power that has been previously developed. It is the intent of the Legislature that eligible projects are intended to find replacement water and power for the City of Los Angeles and to limit any impact javascript:submitCodesValues('12929.20.','7.29.15.3','1989','715','1',%20'id 283287e3-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('12929.21.','7.29.15.3','1989','715','1',%20'id 283287e5-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('12929.22.','7.29.15.3','1989','715','1',%20'id 283287e7-2921-11d9-a6d8-d26807e29bc0') of reduced diversions from the Mono Lake Basin on statewide water and power supplies, except for any reduced diversions ordered as specified in Section 12929.24. No money made available pursuant to this chapter shall be spent by the city to buy water from the Metropolitan Water District of Southern California. (Added by Stats. 1989, Ch. 715, Sec. 1.) 12929.23. Until June 30, 1994, 60 percent of the funds that have been appropriated to the Environmental Water Program shall be reserved exclusively for the funding of applications pursuant to Section 12929.21. Applicants may also apply for funds that may be appropriated in the future to the Environmental Water Program. After July 1, 1994, all funds reserved by this section and all other funds that may be appropriated to the Environmental Water Program may be used either to protect and preserve the Mono Lake Basin or for programs and projects listed in Section 12929.26. (Added by Stats. 1989, Ch. 715, Sec. 1.) 12929.24. The state shall not accept any application for funds pursuant to Section 12929.21 that would expend any state money to replace water or power supplies lost by the City of Los Angeles because of a final court judgment or final board order regarding the Mono Lake Basin. (Added by Stats. 1989, Ch. 715, Sec. 1.) 12929.25. This chapter does not affect the rights or obligations of any party involved in litigation regarding the Mono Lake Basin. (Added by Stats. 1989, Ch. 715, Sec. 1.) 12929.26. Other purposes eligible for funding under this chapter, subject to approval by the Legislature in the annual budget process, include all of the following: (a) Restoration and enhancement of fisheries on the Upper Sacramento River, San Joaquin River, and elsewhere. Primary emphasis shall be on restoring and enhancing fisheries habitat. javascript:submitCodesValues('12929.23.','7.29.15.3','1989','715','1',%20'id 283287e9-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('12929.24.','7.29.15.3','1989','715','1',%20'id 286e0a4b-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('12929.25.','7.29.15.3','1989','715','1',%20'id 286e0a4d-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('12929.26.','7.29.15.3','1989','715','1',%20'id 286e0a4f-2921-11d9-a6d8-d26807e29bc0') (b) Acquisition, restoration, and enhancement of wetlands on the Pacific Flyway and elsewhere. (c) Acquisition, restoration, and enhancement of riparian habitat on the Sacramento River, San Joaquin River, Sacramento-San Joaquin River Delta, and elsewhere. The department shall confer with appropriate state and federal agencies on the feasibility of eligible projects. (Added by Stats. 1989, Ch. 715, Sec. 1.) 12929.27. (a) The City of Los Angeles shall submit a grant application to the department pursuant to Section 12929.21 for the purpose of implementing a voluntary water conservation program in the City of Los Angeles that benefits the ecosystem of Mono Lake. (b) The voluntary water conservation program that is the subject of the grant application shall provide for all of the following: (1) The use of community-based organizations, in cooperation and consultation with the Los Angeles Department of Water and Power, to carry out the program, and to perform water audits and provide and install residential, commercial, industrial, and agricultural water conservation equipment in the service area of the Los Angeles Department of Water and Power in connection with the program. (2) The training of community-based organizations that participate in the program and the training of persons who are selected by the organizations to perform water audits, install water conservation equipment, or perform other services in connection with the program. (3) Notice of the program to the ratepayers of the Los Angeles Department of Water and Power. (c) The Los Angeles Department of Water and Power may not impose a charge on its ratepayers to pay for the water conservation program, except that it may impose a fee on the ratepayers who contract for the installation of water conservation equipment in connection with the program to pay for up to 20 percent of the cost of the equipment and the installation of the equipment. (Added by Stats. 1994, Ch. 626, Sec. 3. Effective January 1, 1995.) ARTICLE 4. Water Quality Program [12929.30 - 12929.31] ( Article 4 added by Stats. 1989, Ch. 715, Sec. 1. ) 12929.30. javascript:submitCodesValues('12929.27.','7.29.15.3','1994','626','3',%20'id 286e0a51-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('12929.30.','7.29.15.4','1989','715','1',%20'id 286f90f5-2921-11d9-a6d8-d26807e29bc0') The Water Quality Program includes projects or programs of public agencies throughout the state that will either (1) reduce the amounts of agricultural drainage water or (2), improve the quality of agricultural drainage water with the result of improving the quality of water used for agricultural, municipal, or industrial purposes. (Added by Stats. 1989, Ch. 715, Sec. 1.) 12929.31. (a) It is the intent of the Legislature that the funds provided to the department from the Water Quality Program be used for studies to investigate cost-effective reduction methods, containment structures, and treatment facilities for the treatment, storage, and disposal of agricultural drainage water. (b) For purposes of this section, “treatment facilities” means facilities or works to treat agricultural drainage water to remove or substantially reduce the level of constituents which pollute or threaten to pollute the waters of the state, including, but not limited to, processes utilizing ion exchange, desalting technologies such as reverse osmosis, biological treatment, agriforestry, and cogeneration. (Added by Stats. 1989, Ch. 715, Sec. 1.) ARTICLE 5. Administrative Provisions [12929.40 - 12929.46] ( Article 5 added by Stats. 1989, Ch. 715, Sec. 1. ) 12929.40. In developing its recommendations for the appropriation of funds pursuant to this chapter, the department shall consult with the Department of Fish and Game and other appropriate local, state, and federal agencies and interested private groups and members of the public. (Added by Stats. 1989, Ch. 715, Sec. 1.) 12929.41. javascript:submitCodesValues('12929.31.','7.29.15.4','1989','715','1',%20'id 286f90f7-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('12929.40.','7.29.15.5','1989','715','1',%20'id 286f90fb-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('12929.41.','7.29.15.5','1989','715','1',%20'id 286f90fd-2921-11d9-a6d8-d26807e29bc0') (a) Programs and projects pursuant to this chapter may be undertaken by means of any of the following: (1) Direct expenditure by the department. (2) Loans to public and private agencies. (3) Grants to public agencies. (4) Any combination of paragraphs (1), (2), and (3). (b) All grants shall be matched by at least an equal amount from the applicant public agency. (Added by Stats. 1989, Ch. 715, Sec. 1.) 12929.42. The department may seek participation by, or a sharing of costs with, the beneficiaries of programs and projects undertaken pursuant to this chapter, including, but not limited to, public and private local entities. The department may also seek federal funds or participation by, cost sharing with, or financial assistance from, federal agencies which have related programs. (Added by Stats. 1989, Ch. 715, Sec. 1.) 12929.43. Money may be expended pursuant to this chapter for, among other purposes, acquisition of interests in real property. (Added by Stats. 1989, Ch. 715, Sec. 1.) 12929.44. The department may adopt rules and regulations as it determines to be necessary to carry out this chapter. (Added by Stats. 1989, Ch. 715, Sec. 1.) 12929.45. Any contract for a grant or loan entered into pursuant to this chapter shall include, but not be limited to, all of the following provisions: (a) An estimate of the reasonable cost of the project or program. (b) An agreement by the borrower or grantee to proceed expeditiously with, and complete, the project or program; to commence operation of any project upon completion and to properly operate and maintain the project in accordance with javascript:submitCodesValues('12929.42.','7.29.15.5','1989','715','1',%20'id 286f90ff-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('12929.43.','7.29.15.5','1989','715','1',%20'id 287117a1-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('12929.44.','7.29.15.5','1989','715','1',%20'id 287117a3-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('12929.45.','7.29.15.5','1989','715','1',%20'id 287117a5-2921-11d9-a6d8-d26807e29bc0') applicable provisions of law; to provide for the payment of the agency’s share of the cost of the project or program, including the principal of, and the interest on, any state loan made pursuant to this chapter; and if appropriate, to apply for, and make reasonable efforts to secure, federal assistance for the project or program. (Added by Stats. 1989, Ch. 715, Sec. 1.) 12929.46. All loan repayments received pursuant to this chapter shall be deposited in the fund from which the loan was made. (Added by Stats. 1989, Ch. 715, Sec. 1.) javascript:submitCodesValues('12929.46.','7.29.15.5','1989','715','1',%20'id 287117a7-2921-11d9-a6d8-d26807e29bc0')