CA Water Code Section 12647

(a)

The state shall not have responsibility or liability for the construction, operation, and maintenance of central valley flood control facilities identified in this article unless all of the following apply:

(1)

The department identifies the facility as part of the State Plan of Flood Control.

(2)

The state has expressly accepted the transfer of liability for the facility from the federal government.

(3)

The board incorporates the facility into the State Plan of Flood Control pursuant to Section 9611.

(b)

Unless otherwise specifically provided, nothing in this article shall be construed to expand the responsibility of the state for the operation or maintenance of any flood management facility outside the scope of the State Plan of Flood Control, except as specifically determined by the board pursuant to Section 9611.

(c)

Use of the phrase “adopted and authorized” in this article does not, by itself, reflect incorporation of the specified facility into the State Plan of Flood Control or assumption of liability by the state, unless one of the conditions described in subdivision (a) applies to the facility.

(d)

Nothing in this section abrogates or modifies any duty, responsibility, or liability of any federal, state, or local agency, including, but not limited to, those duties, responsibilities, and liabilities set forth in Sections 8370, 12642, and 12828.

Source: Section 12647, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=WAT§ionNum=12647.­.

Last Updated

Aug. 19, 2023

§ 12647’s source at ca​.gov