Water Code - Division 6: Conservation, Development, and Utilization of State Water Resources - Part 3.5: Fish, Wildlife, and Recreation in Connection With Flood Control and Watershed Protection Projects (secs. 12840 - 12849)

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 3.5. Fish, Wildlife, and Recreation in Connection With Flood Control and Watershed Protection Projects [12840 - 12849] ( Chapter 3.5 added by Stats. 1973, Ch. 537. ) ARTICLE 1. State Policy [12840 - 12842] ( Article 1 added by Stats. 1973, Ch. 537. ) 12840. Notwithstanding any other provisions of Chapter 2 (commencing with Section 12639) and Chapter 3 (commencing with Section 12800), the policy set forth in this chapter shall apply to watershed protection and flood prevention projects under Chapter 4 (commencing with Section 12850), to small watershed projects approved by the State Conservationist of the United States Department of Agriculture, to small flood control projects authorized by Section 12750, and to flood control projects authorized by Congress and adopted and authorized by the Legislature pursuant to Chapter 2 (commencing with Section 12639). It is not the intent of this chapter to affect the responsibility for the maintenance and operation of those projects pursuant to the applicable provisions of law. (Amended by Stats. 1988, Ch. 1251, Sec. 5.) 12841. The Legislature finds and declares that in order to protect the general health and welfare of the public it is necessary to provide for the preservation and enhancement of the state’s fish and wildlife resources in connection with flood control and watershed protection projects and to realize the full potential of such projects to provide recreational opportunities to the general public. The Legislature further finds and declares that in order to enhance the general public health and welfare it is necessary that all flood control and watershed protection projects be designed, constructed, and operated so as to realize their full potential for the enhancement of the state’s fish and wildlife resources and to provide recreational opportunities to the general public. The Legislature further javascript:submitCodesValues('12840.','7.29.4.1','1988','1251','5',%20'id 268e4dde-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('12841.','7.29.4.1','1973','537','',%20'id 268fd480-2921-11d9-a6d8-d26807e29bc0') finds and declares that the realization of fish and wildlife enhancement opportunities and the provision of recreational opportunities is of benefit to all of the people of California and that a portion of the costs of realizing these benefits from federal flood control and watershed protection projects should be borne by them. The Legislature further finds and declares that fish and wildlife enhancement and recreational development should be among the purposes of all federal flood control and watershed protection projects and that opportunities to attain these benefits should be realized concurrently with the realization of benefits from other project purposes. (Added by Stats. 1973, Ch. 537.) 12842. The Legislature further finds and declares that it is the intent of the Legislature that the planning and construction of all flood control and watershed protection projects shall include such features as may be determined to be necessary and desirable to preserve and enhance the state’s fish and wildlife resources and to achieve the full utilization of such projects for recreational purposes consistent with the construction and operation of such projects to protect life and property. (Added by Stats. 1973, Ch. 537.) ARTICLE 2. Responsibilities of State Agencies [12843 - 12846] ( Article 2 added by Stats. 1973, Ch. 537. ) 12843. In order to achieve the goals set forth in this chapter, all state agencies exercising resource management responsibilities shall review reconnaissance and feasibility reports submitted for state review and comment by federal agencies relating to any project or project feature affecting their responsibilities and shall submit their comments in accordance with the requirements of federal and state law and this chapter. (Added by Stats. 1973, Ch. 537.) 12844. javascript:submitCodesValues('12842.','7.29.4.1','1973','537','',%20'id 268fd482-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('12843.','7.29.4.2','1973','537','',%20'id 268fd486-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('12844.','7.29.4.2','1973','537','',%20'id 26915b28-2921-11d9-a6d8-d26807e29bc0') In order to guide state agencies in their review of proposed flood control and watershed protection projects, it is the intent of the Legislature that recreational purposes shall include, but be not limited to, those recreational activities normally and usually associated with the out-of-doors which make project land and water areas available for use by the general public and are consistent with the operation of the project for other purposes. (Added by Stats. 1973, Ch. 537.) 12845. In order to realize the full potential of such projects for fish and wildlife enhancement and for recreational development, state agencies having resource management responsibilities affected by the project are authorized to cooperate with federal and local sponsoring agencies through all stages of the project formulation and planning process, and to develop such data as, in their judgment, may be necessary to carry out the intent and purpose of this chapter. Such physical features as may be necessary to permit full public utilization of the completed project for recreational purposes shall be constructed and such lands as may be necessary for recreational purposes and for fish and wildlife enhancement shall be acquired at the same time and in the same manner as lands for other project purposes. (Added by Stats. 1973, Ch. 537.) 12846. The Department of Fish and Game shall be responsible for the management of all fish and wildlife resources at any project subject to the provisions of this chapter. (Amended by Stats. 1973, Ch. 920.) ARTICLE 3. State Financial Assistance [12847 - 12848] ( Article 3 added by Stats. 1973, Ch. 537. ) 12847. Where recreation and fish and wildlife enhancement features are contained in a flood control or watershed protection project, and where such payment is specifically authorized by the Legislature, the state shall pay 50 percent of the javascript:submitCodesValues('12845.','7.29.4.2','1973','537','',%20'id 26915b2a-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('12846.','7.29.4.2','1973','920','',%20'id 26915b2c-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('12847.','7.29.4.3','1973','537','',%20'id 26915b30-2921-11d9-a6d8-d26807e29bc0') nonfederal capital costs of the recreation and fish and wildlife enhancement features of the project; provided, however, if the project is subject to the provisions of Public Law 89-72, the state may cooperate in the attainment of such benefits in accordance with the provisions of subdivision (c) of Section 5094.3 of the Public Resources Code. The department or the Reclamation Board, as to projects under their respective jurisdictions, shall obtain assurances from the local agency sponsoring the project guaranteeing public access to project land and water areas prior to state participation in any costs pursuant to this chapter. (Added by Stats. 1973, Ch. 537.) 12848. The Legislature hereby declares that there shall be included in the budget of the department for flood control subventions or for direct acquisitions by the state for each fiscal year an appropriation of funds from the General Fund in an amount sufficient to pay all costs required by this chapter. (Added by Stats. 1973, Ch. 537.) ARTICLE 4. Powers and Duties of Local Agencies [12849- 12849.] ( Article 4 added by Stats. 1973, Ch. 537. ) 12849. Any local agency sponsoring a project subject to the provisions of this chapter is hereby authorized to design, construct, operate, and maintain public recreational facilities at such project and shall have such powers as may be necessary or convenient to carry out the provisions of this chapter. Local sponsoring agencies are authorized to contract with the United States, the State of California, and with other local agencies or entities in order to realize the full potential of flood control and watershed protection projects for recreational development and for fish and wildlife enhancement. (Added by Stats. 1973, Ch. 537.) javascript:submitCodesValues('12848.','7.29.4.3','1973','537','',%20'id 26915b32-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('12849.','7.29.4.4','1973','537','',%20'id 2692e1d6-2921-11d9-a6d8-d26807e29bc0')