Water Code - Division 3: Dams and Reservoirs - Chapter 4: Powers of the Department (secs. 6075 - 6157)

WATER CODE DIVISION 3. DAMS AND RESERVOIRS [6000 - 6501] PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) CHAPTER 4. Powers of the Department [6075 - 6157] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ARTICLE 1. Powers in General [6075 - 6081] (Article 1 enacted by Stats. 1943, Ch. 368. ) 6075. The department, under the police power of the state, shall supervise the construction, enlargement, alteration, repair, maintenance, operation, and removal of dams and reservoirs for the protection of life and property as provided in this part. (Amended by Stats. 1965, Ch. 1225.) 6076. All dams and reservoirs in the state are under the jurisdiction of the department. (Amended by Stats. 1965, Ch. 1225.) 6077. It is unlawful to construct, enlarge, repair, alter, remove, maintain, or operate any dam or reservoir except upon approval of the department as provided in this part. (Amended by Stats. 1965, Ch. 1225.) 6078. The department shall adopt and revise from time to time such rules and regulations and issue such general orders as may be necessary for carrying out, but not inconsistent with, the provisions of this part. (Enacted by Stats. 1943, Ch. 368.) 6079. javascript:submitCodesValues('6075.','4.1.4.1','1965','1225','',%20'id 210ed58a-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('6076.','4.1.4.1','1965','1225','',%20'id 210ed58c-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('6077.','4.1.4.1','1965','1225','',%20'id 210ed58e-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('6078.','4.1.4.1','1943','368','',%20'id 210ed590-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('6079.','4.1.4.1','1943','368','',%20'id 21105c32-2921-11d9-a6d8-d26807e29bc0') In carrying out the provisions of this part the department may cooperate with the United States or any of its agencies. (Enacted by Stats. 1943, Ch. 368.) 6080. In making any investigations or inspections required or authorized by this part the department or its representatives may enter upon private property as may be necessary. (Enacted by Stats. 1943, Ch. 368.) 6081. In determining whether or not a dam or reservoir or proposed dam or reservoir constitutes or would constitute a danger to life or property, the department shall take into consideration the possibility that the dam or reservoir might be endangered by seepage, earth movement, or other conditions which exist or which might occur in any area in the vicinity of the dam or reservoir. Whenever the department deems that any such condition endangers a dam or reservoir, it shall order the owner to take such action as the department determines to be necessary to remove the resultant danger to life and property. (Added by Stats. 1965, Ch. 1225.) ARTICLE 2. Maintenance and Operation [6100 - 6102] ( Article 2 enacted by Stats. 1943, Ch. 368. ) 6100. Supervision over the maintenance and operation of dams and reservoirs insofar as necessary to safeguard life and property from injury by reason of the failure thereof is vested in the department. (Amended by Stats. 1965, Ch. 1225.) 6101. The department may require owners to keep records of, and to report on, maintenance, operation, staffing, and engineering and geologic investigations and shall issue such rules and regulations and orders as necessary to secure maintenance and operation and to require staffing and engineering and geologic investigations which will safeguard life and property. In addition, the owner of a javascript:submitCodesValues('6080.','4.1.4.1','1943','368','',%20'id 21105c34-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('6081.','4.1.4.1','1965','1225','',%20'id 21105c36-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('6100.','4.1.4.2','1965','1225','',%20'id 21105c3a-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('6101.','4.1.4.2','1965','1225','',%20'id 21105c3c-2921-11d9-a6d8-d26807e29bc0') dam or reservoir or his agent shall fully and promptly advise the department of any sudden or unprecedented flood or unusual or alarming circumstance or occurrence affecting the dam or reservoir. (Amended by Stats. 1965, Ch. 1225.) 6102. The department, from time to time, shall make inspections of dams and reservoirs at state expense for the purpose of determining their safety but shall require owners to perform at their expense such work as necessary to disclose information sufficient to enable the department to determine conditions of dams and reservoirs in regard to their safety and to perform at their expense other work necessary to secure maintenance and operation which will safeguard life and property. (Amended by Stats. 1965, Ch. 1225.) ARTICLE 3. Emergency Work [6110 - 6113] ( Article 3 enacted by Stats. 1943, Ch. 368. ) 6110. The department shall immediately employ any remedial means necessary to protect life and property if either: (a) The condition of any dam or reservoir is so dangerous to the safety of life or property as not to permit of time for the issuance and enforcement of an order relative to maintenance or operation. (b) Passing or imminent floods threaten the safety of any dam or reservoir. (Amended by Stats. 1965, Ch. 1225.) 6111. In applying the remedial means provided for in this article, the department may in emergency do any of the following: (a) Lower the water level by releasing water from the reservoir. (b) Completely empty the reservoir. (c) Take such other steps as may be essential to safeguard life and property. (Enacted by Stats. 1943, Ch. 368.) 6112. javascript:submitCodesValues('6102.','4.1.4.2','1965','1225','',%20'id 2111e2de-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('6110.','4.1.4.3','1965','1225','',%20'id 2111e2e2-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('6111.','4.1.4.3','1943','368','',%20'id 21136984-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('6112.','4.1.4.3','1965','1225','',%20'id 21136986-2921-11d9-a6d8-d26807e29bc0') The department shall continue in full charge and control of such dam or reservoir, or both, and its appurtenances until they are rendered safe or the emergency occasioning the action has ceased. (Amended by Stats. 1965, Ch. 1225.) 6113. The cost and expenses of the remedial means provided in this article, including cost of any work done to render a dam or reservoir or its appurtenances safe, shall be recoverable by the state from the owner by action brought by the department in the superior court of the county wherein the dam or reservoir or any part thereof is situated. (Amended by Stats. 1965, Ch. 1225.) ARTICLE 4. Investigations and Studies [6120 - 6121] ( Article 4 enacted by Stats. 1943, Ch. 368. ) 6120. For the purpose of enabling it to make decisions as compatible with economy and public safety as possible the department shall make or cause to be made such investigations and shall gather or cause to be gathered such data as may be needed for a proper review and study of the various features of the design and construction of dams, reservoirs, and appurtenances. (Enacted by Stats. 1943, Ch. 368.) 6121. The department shall also make or cause to be made such watershed investigations and studies as may facilitate its decisions. (Enacted by Stats. 1943, Ch. 368.) ARTICLE 5. Action and Procedure to Restrain Violations [6150 - 6157] ( Article 5 enacted by Stats. 1943, Ch. 368. ) 6150. The department may commence an action or proceeding under this article, either by mandamus or injunction, for the purpose of stopping or preventing violations or threatened violations. (Enacted by Stats. 1943, Ch. 368.) javascript:submitCodesValues('6113.','4.1.4.3','1965','1225','',%20'id 21136988-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('6120.','4.1.4.4','1943','368','',%20'id 2113698c-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('6121.','4.1.4.4','1943','368','',%20'id 2113698e-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('6150.','4.1.4.5','1943','368','',%20'id 21151742-2921-11d9-a6d8-d26807e29bc0') 6151. An action or proceeding under this article may be commenced whenever any owner or any person acting as a director, officer, agent, or employee of any owner, or any contractor or agent or employee of such contractor is: (a) Failing or omitting or about to fail or omit to do anything required of him by this part or by any approval, order, rule, regulation, or requirement of the department under the authority of this part; or (b) Doing or permitting anything or about to do or permit anything to be done in violation of or contrary to this part or any approval, order, rule, regulation, or requirement of the department under this part. (Enacted by Stats. 1943, Ch. 368.) 6152. Any action or proceeding under this article shall be commenced in the superior court in and for the county in which (a) the cause or some part thereof arose, (b) the owner or person complained of has its principal place of business, or (c) the person complained of resides. (Enacted by Stats. 1943, Ch. 368.) 6153. Any action or proceeding under this article shall be brought by petition in the superior court, alleging the violation or threatened violation complained of, and praying for appropriate relief by way of mandamus or injunction. (Enacted by Stats. 1943, Ch. 368.) 6154. The court shall specify a time, not exceeding 20 days after the service of the copy of the petition, within which the owner or person complained of shall answer the petition, and in the meantime the owner or person may be restrained. (Enacted by Stats. 1943, Ch. 368.) 6155. In case of default in answer or after answer the court shall immediately inquire into the facts and circumstances of the case. (Enacted by Stats. 1943, Ch. 368.) javascript:submitCodesValues('6151.','4.1.4.5','1943','368','',%20'id 21151744-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('6152.','4.1.4.5','1943','368','',%20'id 21151746-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('6153.','4.1.4.5','1943','368','',%20'id 21151748-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('6154.','4.1.4.5','1943','368','',%20'id 2115174a-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('6155.','4.1.4.5','1943','368','',%20'id 2115174c-2921-11d9-a6d8-d26807e29bc0') 6156. The court may join such parties as it deems necessary or proper in order to make its judgment, order, or writ effective. (Enacted by Stats. 1943, Ch. 368.) 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. (Enacted by Stats. 1943, Ch. 368.) javascript:submitCodesValues('6156.','4.1.4.5','1943','368','',%20'id 21169dee-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('6157.','4.1.4.5','1943','368','',%20'id 21169df0-2921-11d9-a6d8-d26807e29bc0')