California Code of Regulations, Title 23

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Division 1 Central Valley Flood Protection Board

Chapter 1 Organization, Powers and Standards

Article 1 Authority, Purpose, Scope, and Intent

Cal. Code Regs. Tit. 23, § 1 Authority

These regulations are promulgated by the Central Valley Flood Protection Board pursuant to Water Code sections 8571, 8608 and 8610.5.

Note: Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8610.5 and 8710, Water Code.

History

• 1. Amendment of article 1 heading, new article 1 (sections 1 through 3) and section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 85, No. 26.
• 2. Amendment of division heading, section and NOTE filed 12-1-2009; operative 12-31-2009 (Register 2009, No. 49).

Cal. Code Regs. Tit. 23, § 2 Purpose, Scope

(a) The purpose of these regulations is to carry out the board's duties pursuant to Water Code sections 8534, 8608 and 8710 - 8723. Under these statutes, the Board is required to enforce, within its jurisdiction, on behalf of the State of California, appropriate standards for the construction, maintenance, and protection of adopted flood control plans that will best protect the public from floods.

(b) The area of the board's jurisdiction includes the entire Central Valley, including all tributaries and distributaries of the Sacramento and San Joaquin Rivers and Tulare and Buena Vista basins.

(c) This division does not apply to the construction, operation, or maintenance of the Central Valley Project or the State Water Resources Development System or any parts thereof.

(d) This division does not apply to any activities of the United States or its agencies.

Note: Authority cited: Section 8571, Water Code. Reference: Sections 8534, 8536, 8608 and 8710, Water Code.

History

• 1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).

Cal. Code Regs. Tit. 23, § 3 Intent

The State has a primary interest in:

(1) Adequately protecting lands subject to overflow;

(2) Confining the waters of rivers, tributaries, bypasses, overflow channels, and basins within their respective boundaries;

(3) Preserving the welfare of residents and landowners;

(4) Maintaining and protecting the banks of the Sacramento and San Joaquin Rivers, their tributaries, bypasses, overflow channels, and basins; and

(5) Good and sufficient levees and embankments or other works of flood control and reclamation, to adequately protect lives and property from floods.

The regulations are also intended to comply with the board's obligations to the U.S. Army Corps of Engineers pursuant to numerous assurance agreements, Corps Operation and Maintenance Manuals, and 33 C.F.R. section 208.10.

Note: Authority cited: Section 8571, Water Code. Reference: Sections 8710, 8532 and 8533, Water Code.

History

• 1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
• 2. Amendment of subsection (4) filed 12-1-2009; operative 12-31-2009 (Register 2009, No. 49).