CHAPTER
6.6. Statewide Watershed Program
5809.1.
The Legislature finds and declares all of the following:(a) Clean water and healthy watersheds are necessary to support human communities as well as the state’s native fish, wildlife, and plant communities, and are part of the legacy of California. Each generation has an obligation to be good stewards of those resources to ensure their preservation for future generations.
(b) Watershed management is a proven and valuable approach to meeting comprehensive natural resource management objectives. Watersheds provide a useful natural unit for managing chemical, physical, biological and socioeconomic processes in an integrated and productive fashion.
(c) This chapter is not intended to establish a precedent, to supersede or reduce, or in any way alter any federal or state law or regulation, including, but not limited to, laws regarding water quality, water rights, land use, forestry practices or otherwise establish regulation of watersheds, water, land, or land use.
(d) The state should assume leadership in formulating and putting into effect a statewide program that will advance sustainable watershed-based management of California’s natural resources using community-based strategies to conserve, protect, restore, and manage watersheds and related natural resources.
(e) The expenditure of state, county, city, city and county, district, special district, or other public funds that are available or may become available for planning, designing, or implementing the program and for the construction or maintenance of
control or preservation or restoration projects in furtherance of this program on privately or publicly owned land constitutes an expenditure for the general public benefit.
(f) This chapter is enacted to accomplish all of the following:
(1) Establish the Statewide Watershed Program as a voluntary and nonregulatory program to provide assistance and funds to local community-based efforts in the conservation, protection, and restoration of the state’s watersheds and promote coordinated management of watersheds under the authority of the Secretary of the Natural Resources Agency and the Department of Conservation. The leadership and assistance to be provided pursuant to this chapter shall include all of the following:
(A) Coordination and communication.
(B) Information and data management.
(C) Training and technical assistance.
(D) Education.
(E) Scientific assistance.
(F) Financial assistance.
(3)
(2) Increase collaboration among the Natural Resources Agency, including the Department of Conservation, the Department of Water Resources, the Department of Fish and Game, the Department of Forestry and Fire Protection, the California Environmental Protection
Agency, the Department of Food and Agriculture, the State Water Resources Control Board, and the Ocean Protection Council to implement this chapter.
(4)
(3) Encourage participation by local governments and community organizations.
(g) It is the intent of the Legislature that the Statewide Watershed Program be carried out in partnership with, among other entities, locally based watershed organizations in a manner that is transparent and inclusive, supports scientifically and technically sound watershed management plans, and
recognizes that the state’s interest is served, to the extent feasible, by ensuring that any standards governing the content of local watershed plans, assessments, or practices reflect diverse regional differences.
5809.2.
As used in this chapter, unless otherwise specified, the following terms have the following meanings:(a)“Committee” means the State Watershed Advisory Committee.
(b)“Department” means the Department of Conservation.
(c)“Person” means a natural person, association, corporation, city, county, city and county, special district, or joint powers authority, the state, a political subdivision of the state, or the federal government.
(d)“Secretary” means the Secretary of the Natural Resources Agency.
(e)“Director” means the Director of Conservation.
(f)“Watershed” means all lands enclosed by a continuous hydrologic drainage divide and lying upslope from a specified point on a stream, river, lake, or other body of water.
(g)“Agency” means the Natural Resources Agency.
(h)“Program” means the Statewide Watershed Program established in the Department of Conservation.
(i)“Stakeholder” means a person who has a direct interest in a watershed as a result of jurisdiction, residence, land ownership, water rights, or other effect from his or her use of the water
or land in the watershed.
(j)“Community” means the persons who are stakeholders within the local watershed.
(a) “Agency” means the Natural Resources Agency.
(b) “Committee” means the State Watershed Advisory Committee.
(c) “Community” means the persons who are stakeholders within the local watershed.
(d) “Department” means the Department of Conservation.
(e) “Director” means the Director of Conservation.
(f) “Disadvantaged community” means a community with an annual median household income that is less than 80 percent of the statewide annual median household income.
(g) “Person” means a natural person, association, corporation, city, county, city and county, special district, or joint powers authority, the state, a political subdivision of the state, or the federal government.
(h) “Program” means the Statewide Watershed Program established in the Department of Conservation.
(i) “Secretary” means the Secretary of the Natural Resources Agency.
(j) “Stakeholder” means a person who has a direct interest in a watershed as a result of jurisdiction, residence, land ownership, water rights, or other effect from his or her use of the water or land
in the watershed.
(k) “Watershed” means all lands enclosed by a continuous hydrologic drainage divide and lying upslope from a specified point on a stream, river, lake, or other body of water.
5809.3.
(a) The secretary shall create within the department the State Watershed Advisory Committee, which shall consist of at least 10, but not more than 25 members, with membership from each of the state’s ten hydrologic regions as determined by the Department of Water Resources. Members of the committee shall be appointed by and serve at the pleasure of the secretary.(b) The members of the committee shall be familiar with and understand the community-based watershed efforts occurring in their region and may include representatives of county, city, city and county, special district, and stakeholder interests.
(c) Members of the committee shall serve a term of two years, and may be
reappointed for additional two-year terms by the secretary at his or her discretion.
(d) Persons appointed to the committee are intended to represent and further the interests of the state, their community, and watershed, and their representation and furtherance of the program are intended to serve the public interest. Therefore, the Legislature finds that, with respect to persons who are appointed to the committee, the state, community, and watershed are tantamount to, and constitute, the public generally within the meaning of Section 87103 of the Government Code.
(e) No less than 50 percent of the committee membership shall be comprised of representatives from community-based nonprofit organizations, local governments, and resource conservation districts.
5809.4.
(a) The committee shall be advisory only, to assist the secretary and the director.(b) In carrying out its responsibilities, the committee may do all of the following:
(1) Submit recommendations to the secretary or director regarding, but not limited to, all of the following:
(A) Conservation Development of best management practices for the conservation , restoration, protection, and management of the state’s watersheds.
(B) Identification and prioritization of problems, opportunities, and recommendations for solutions to problems associated with the state’s natural resources.
(C) Criteria for measuring progress made toward the conservation, restoration, protection, and management of the state’s watersheds.
(D) Administration of the program.
(E) Operation of the committee, including, but not limited to, all of the following:
(i) Selection of committee members.
(ii) The program’s annual budget.
(F) Expenditures made to implement the program.
(2) Adopt, amend, and rescind all proper and necessary bylaws and procedures for the committee’s operation.
(c) Upon authorization and preapproval from the agency or department, members of the committee may receive reimbursement for travel expenses in accordance with the rules of the Department of Personnel Administration for attendance at meetings and other approved committee activities.
5809.5.
An action in law or equity shall not be brought against a member or agent of the committee, and a member or agent of the committee shall not be personally liable for the actions of the committee or the department or agency. A member or agent of the committee is not responsible individually to another person for errors in judgment, mistakes, or other acts of commission or omission, as a principal, agent, or employee, except for his or her own individual acts, including dishonesty, fraud, or crime. A member or agent of the committee is not responsible individually for an act or omission of another member or agent of the committee, or the department or agency. Liability is several and not joint, and a member or agent of the
committee is not liable for the default of another member or agent of the committee, or the department or agency.5809.6.Except as provided in Section 5809.7, data and related information and materials produced during the course of research conducted pursuant to this chapter that are in the possession of the department, the committee, or any other body engaged in research funded pursuant to this chapter, shall be property of the state, and may be released at the discretion of the secretary or the director under delegation from the secretary in furtherance
of the purposes of this chapter.
5809.7.(a)All proprietary information obtained by the committee, the department, or the agency in furtherance of this chapter, including, related to private land, but not limited to, information not made public pursuant to other state or federal laws, that comes into possession of the committee, the department, or the agency, is confidential and shall not be disclosed, except when required by a court order issued upon a showing of good cause and that the information is necessary to a judicial proceeding
involving this article.
(b)Disclosure, as permitted under this section, shall be conducted in camera by the court.
(c)The court shall, in its discretion, issue orders restraining a party or parties to a judicial proceeding involving this chapter from disseminating any proprietary information to the public or another person not a party to the judicial proceeding.
5809.6.
The department shall post research findings, reports, and other materials, as appropriate, produced or funded by this program in a conspicuous location on the department’s Internet Web site. The department shall exercise its discretion in posting information that may reveal personal identifying information or information otherwise exempt from disclosure pursuant to Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code.5809.8.5809.7.
(a) There is hereby created within the Department of Conservation the Statewide Watershed Program.(b) The program shall be conducted under the control of the secretary and administered by the department.
(c) The department shall provide staffing and logistical support that in the director’s discretion is necessary for administering the program.
(d)The department may
contract with a public or private entity to carry out activities in furtherance of this chapter.
5809.9.5809.8.
The director shall implement, administer, and take those actions as he or she deems necessary, in his or her discretion, to fulfill the purposes of this chapter and carry out the responsibilities of the program.5809.10.The director shall establish clear priorities for the
5809.9.
The director shall consider recommendations from the committee when establishing clear priorities for the program and ensure that those priorities are met in a timely manner.5809.11.5809.10.
(a) The program shall provide assistance and funds to local community-based efforts in the conservation, protection, and restoration of the state’s watersheds and promote coordinated management of watersheds. The leadership and assistance provided pursuant to this chapter shall include all of the following:(1) Coordination and communication.
(2) Information and data management.
(3) Training and technical
assistance.
(4) Education.
(5) Scientific assistance.
(6) Financial assistance.
(b)Funds made available to implement the program pursuant to this chapter may be expended for all of the following:
(1)Reasonable administrative expenses of the agency, department, and committee in carrying out the responsibilities, purposes, and policies of this chapter.
(b) Funds expended to implement the program may be made available for the following:
(1) (A) Reasonable and necessary administrative expenses of the agency, department, and committee in implementing this chapter.
(B) To the extent that state bond funds are used, those expenses shall conform to the terms and conditions prescribed by the funding source, including, but not limited to, Section 75070.5 of this code and Section 79590 of the Water Code.
(2) Coordination and communication for the provision of assistance in making programs, permits, educational materials, methods, reporting, and any other relevant information available for the conservation,
restoration, and management of watersheds.
(3) Information and data management and collection of information regarding watershed conservation, protection, restoration, and management, including, but not limited to, water quality, water supply and demand, vegetation management, land use activities, socioeconomic conditions, and other information as may be useful in understanding, designing, permitting, implementing, or otherwise furthering the purposes of this chapter.
(4) Training and technical assistance to persons who are engaged in, or seek to be engaged in, or contribute to, watershed conservation, protection, restoration, and management.
(5) Education of the general public, including, but not limited to, schools, organizations, groups, and others regarding the importance to the state of watershed conservation,
protection, restoration, and management.
(6) Science and research regarding the operation, conservation, restoration, and management of watersheds, including recommendations for scientific studies that may be useful to, or further efforts by, local planners and practitioners, and communities involved in local watershed conservation, protection, restoration, and management.
(7) Financial assistance, including, but not limited to, the awarding of grants to community-based programs for coordination, watershed assessment and planning, implementation of management plans, and monitoring of watershed conditions and the effect of management practices on those conditions.
(c) The department shall develop criteria for the review and approval of
grant applications and shall establish and require a cost-sharing requirement for all grants. The department may waive or reduce the cost-sharing requirements for projects that directly benefit or occur in a disadvantaged community. The cost-sharing requirement may be provided in the form of cash or in-kind services or materials, or any combination of those, as determined by the department.
5809.12.5809.11.
The secretary may cooperate with the federal government, other states, other agencies of this state, local government, public entities, or any person in furtherance of the purposes of this chapter, and to that end the program may receive, expend, and use contributions, grants, or any other private or public funds or property provided from those entities or persons.5809.13.Notwithstanding any other provision of law, the secretary, upon the secretary’s own initiative or upon the recommendation of the committee, may contract with any authoritative scientific body with expertise relating to the conservation, restoration, protection, and management of the state’s watersheds, for research or other activities in furtherance of the purposes of this chapter.
5809.12.
The department may contract with qualified scientists or institutions with expertise relating to the conservation, restoration, protection, and management of the state’s watersheds for research or education activities in furtherance of the purposes of this chapter.5809.14.5809.13.
The adoption of guidelines, qualifications, or conditions applicable to the award of program grants shall be exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of the Government Code.5809.15.5809.14.
On or before January 1, 2012, and on or before January 1 every two years thereafter the Department of Conservation, in consultation with the Department of Fish and Game, the Department of Water Resources, and any other relevant state agencies, shall submit a report to the secretary Legislature on the progress in implementing this chapter.5809.16.5809.15.
This chapter shall be implemented only in a fiscal year for which funding is provided for that purpose in the annual Budget Act.