Today's Law As Amended


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AB-1164 Dams and reservoirs: exclusions.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 6004 of the Water Code is amended to read:

6004.
 (a) No An  obstruction in a canal used to raise or lower water therein or divert water therefrom, no a  levee, including including,  but not limited to to,  a levee on the bed of a natural lake with  the primary purpose of which levee is  to control floodwaters, no a  railroad fill or structure, and no  a  road or highway fill or structure, no a  circular tank constructed of steel or concrete, or both, no a  tank elevated above the ground, and no barrier which  a barrier owned or operated by a private entity that  is not across a stream channel, watercourse, or natural drainage area and which that  has the principal purpose of impounding water for agricultural use shall not  be considered a dam. A barrier owned or operated by a public entity that is not across a stream channel, watercourse, or natural drainage area and that has the principal purpose of impounding water for agricultural use shall not be considered a dam if all of the following criteria are met: 
(1) The structure is no greater than 20 feet in height, as measured from the lowest adjacent native ground elevation to the maximum achievable water surface impounded by the structure.
(2) If owned by a public entity, the structure does not exceed 75 acre-feet in capacity.
(3) The structure is consistent with the county general plan.
(4) The structure was designed by a registered professional engineer.
(5) The operator ensures the preparation and maintenance of an emergency notification flowchart that satisfies both of the following:
(A) Contains the names and phone numbers of who will call whom and in what priority.
(B) Is updated at least once per year and following any changes or new information, such as changes in downstream development or new contact information.
(6) The operator ensures facility surveillance monitors the condition of the structure, including visual inspection and remote monitoring.
(7) The operator provides to the county office of emergency management a structural failure plan that satisfies both of the following:
(A) Outlines the anticipated directional flow of water in the case of a structural failure to ensure the structural failure will not interfere with public safety.
(B) Includes a biannual civil engineer’s inspection report.
(b) No An  obstruction in the channel of a stream or watercourse which that  is 15 feet or less in height from the lowest elevation of the obstruction and which that  has the single purpose of spreading water within the bed of the stream or watercourse upstream from the obstruction for percolation underground shall not  be considered a dam.
(c) The levee of an island adjacent to tidal waters in the Sacramento-San Joaquin Delta, as defined in Section 12220, even when used to impound water, shall not be considered a dam and the impoundment shall not be considered a reservoir if the maximum possible water storage elevation of the impounded water does not exceed four feet above mean sea level, as established by the United States Geological Survey 1929 datum.
(d) No A  noncircular tank, constructed of steel or concrete, or both, that is constructed in a county of the third class by a public agency, under the supervision of a civil engineer registered in the state, that does not exceed 75 acre feet  acre-feet  in capacity or 30 feet in height, and no a  barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal use as a sewage sludge drying facility facility,  shall not  be considered a dam.