§ 6102.5. — 6102.5. (Amended by Stats. 2021, Ch. 615, Sec. 429.)

California § 6102.5.

• Jurisdiction: California
• Code WAT: Water Code - WAT
• Div. 3.: DIVISION 3. DAMS AND RESERVOIRS
• Part 1.: PART 1. SUPERVISION OF DAMS AND RESERVOIRS
• Ch. 4.: CHAPTER 4. Powers of the Department
• Art. 2.: ARTICLE 2. Maintenance and Operation

Text

(a)
The department shall inspect dams, reservoirs, and appurtenant structures to verify their safety in accordance with the following schedule:
(1)
A facility that has been determined by the department, pursuant to Section 6160, to have a hazard classification of significant, high, or extremely high, shall be inspected at least once per fiscal year.
(2)
A facility that has been determined by the department, pursuant to Section 6160, to have a hazard classification of low shall be inspected at least once every two fiscal years.
(b)
The department shall require
owners to perform, at the owner’s expense, work as necessary to disclose information sufficient to enable the department to determine conditions of dams, reservoirs, and critical appurtenant structures regarding their safety and to perform, at the owner’s expense, other work necessary to secure maintenance and operation that will safeguard life and property. An inspection pursuant to subdivision (a) shall include, but is not limited to, visual inspection of major features of the dam, including its groins, abutments, and toe areas, the dam’s spillway, and the dam’s outlet works. The inspection shall also evaluate seepage and instrumentation, and include a review of available geological data and existing geological conditions.
(c)
An owner of a dam shall operate critical outlet and spillway control features on an annual basis and shall
demonstrate their full operability in the presence of the department every three years or as directed by the department.
(d)
(1)
Except as provided in paragraph (2), dam inspection reports conducted by the Division of Safety of Dams shall be public records subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(2)
(A)
Notwithstanding paragraph (1), the department, in accordance with applicable law and in consultation with the dam owner and relevant local, state, or federal public safety entities, may withhold from public release sensitive data, images, or other information that discloses a dam’s vulnerability or poses a security threat.
(B)
If the department withholds information pursuant to subparagraph (A), the department shall include in the public release a statement of findings that the withheld information would disclose a dam’s vulnerability or pose a security threat, as described in subparagraph (A).

Legislative History

Amended by Stats. 2021, Ch. 615, Sec. 429. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.