Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing certain material where it may pass into any river, stream, or lake, without first notifying the Department of Fish and Wildlife of that project, and entering into a lake or streambed alteration agreement if required by the department to protect fish and wildlife resources.
Existing law authorizes a habitat restoration or enhancement project proponent to submit a written request for approval of the project to the Director of Fish and Wildlife. Existing law requires the director to approve the project if the written request includes certain information, as specified, and provides for an alternate authorization process by the
State Water Resources Control Board.
This bill would require the state to indemnify and hold harmless a landowner property owner who voluntarily allows land their property to be used for such a project to restore fish and wildlife habitat from civil liability for property damage or personal injury resulting from the project if the project meets specified requirements, including that the project is funded, at least in part, by a state or federal agency, and
agency whose mission includes restoring habitat for native fish and wildlife, and the liability arises from from, and the property owner or any person or entity retained by the property owner does not perform, the construction, design specifications, surveying, planning, supervision, testing, or observation of construction related to the project to restore fish and wildlife habitat. The bill would authorize the state to enter into an agreement with the United States government, or subdivision thereof, to share the cost of any civil liability incurred. The bill would prohibit the cost of any civil liability incurred from being chargeable to or constituting an obligation of a state agency that provides funding
for the project, as specified.