§ 12868. — 12868. (Amended by Stats. 1959, Ch. 1269.)

California § 12868.

• Jurisdiction: California
• Code WAT: Water Code - WAT
• Div. 6.: DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES
• Part 6.: PART 6. WATER DEVELOPMENT PROJECTS
• Ch. 4.: CHAPTER 4. Watershed Protection Flood Prevention Projects
• Art. 4.: ARTICLE 4. Declaration of Intent

Text

The State shall pay the costs of lands, easements and rights of way for projects described in subsection (b) of Section 12865 only if, or to the extent that:
(a)
The Secretary of Agriculture and local organizations have agreed on a plan for works of improvement pursuant to Public Law 566, Eighty-third Congress, Second Session.
(b)
Local organizations have given the required assurances to the Secretary of Agriculture that they will:
(1)
Acquire without cost to the Federal Government such land, easements, or rights of way as will be needed in connection with works of improvement installed with federal assistance;
(2)
Assume such proportionate share of the cost of installing any works of improvement involving federal assistance as may be determined by the secretary to be equitable in consideration of anticipated benefits from such improvements;
(3)
Make arrangements satisfactory to the secretary for defraying costs of operating and maintaining such works of improvement, in accordance with regulations presented by the Secretary of Agriculture;
(4)
Acquire, or provide assurance that landowners have acquired, such water rights, pursuant to state law, as may be needed in the installation and operation of the work of improvement.
(5)
Obtain agreements to carry out recommended soil conservation measures and proper farm plans from owners of not less than 50 per centum of the lands situated in the drainage area above each retention reservoir to be installed with federal assistance.
(c)
The Secretary of Agriculture has determined that the benefits to be derived from the proposed works of improvement will exceed the cost.
(d)
The Secretary of Agriculture has transmitted a copy of the plan and justification therefor to the Congress through the President and, where applicable, to the Secretary of the Interior and the Secretary of the Army, as required by said Public Law 566.
(e)
The department finds in its judgment that the benefits of the proposed works of improvement for an entire project will reasonably exceed the costs thereof. Cost figures based upon a reconnaissance-type survey may be used for such purpose providing the department finds that all elements of cost reasonably appear to be included and the cost figures appear reasonably accurate for the purpose of supporting a finding that total costs will be less than the total benefits.
(f)
The department recommends to the Legislature that an appropriation of funds be made for the project for reallocation for payment of the costs of lands, easements and rights of way which it finds have already been incurred or which it is anticipated will be incurred during the next fiscal year.

Legislative History

Amended by Stats. 1959, Ch. 1269.