BILL NUMBER: SB 699	CHAPTERED  10/09/01

	CHAPTER  637
	FILED WITH SECRETARY OF STATE  OCTOBER 9, 2001
	APPROVED BY GOVERNOR  OCTOBER 8, 2001
	PASSED THE SENATE  SEPTEMBER 13, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2001
	AMENDED IN ASSEMBLY  SEPTEMBER 6, 2001
	AMENDED IN SENATE  JUNE 4, 2001
	AMENDED IN SENATE  MAY 1, 2001

INTRODUCED BY   Senator Battin

                        FEBRUARY 23, 2001

   An act to add Section 12749.95 to the Water Code, relating to
water.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 699, Battin.  Flood control.
   (1) Existing law provides for state cooperation with the federal
government in the construction of specified flood control projects.
   This bill, subject to appropriation of funds in the annual Budget
Act, would authorize the project for flood control on the Whitewater
River in Riverside County in accordance with a prescribed final
report, and as authorized by a prescribed federal act, at an
estimated cost to the state of the sum that may be appropriated for
state cooperation by statute, upon the recommendation and advice of
the Department of Water Resources.  The bill would require the
Coachella Valley Water District, in conjunction with the Department
of the Army, to carry out the project, to give specified assurance to
the Secretary of the Army, and to enter into an agreement with the
department pursuant to which the district agrees to indemnify and
hold and save the state harmless from any liability for damages
arising out of the project, as specified.  By imposing requirements
on the district in connection with the project, the bill would impose
a state-mandated local program.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 12749.95 is added to the Water Code, to read:
   12749.95.  (a) (1) The project for flood control on the Whitewater
River in Riverside County is adopted and authorized substantially in
accordance with the congressional approval and the final report of
the Chief of Engineers dated December 29, 2000, as authorized by
Section 101(b)(10) of the Water Resources Development Act of 2000
(Public Law 106-541), at an estimated cost to the state of the sum
that may be appropriated for state cooperation by statute, upon the
recommendation and advice of the department.
   (2) The authorization of the project is contingent upon the
appropriation of funds in the annual Budget Act to pay for the state'
s share of costs associated with the project.
   (b) The Coachella Valley Water District shall give assurances
satisfactory to the Secretary of the Army that the local cooperation
required by that final report will be furnished by the district in
connection with the project for flood control adopted and authorized
in subdivision (a).
   (c) The Coachella Valley Water District, in conjunction with the
Department of the Army, shall carry out the plans and project and may
make modifications and amendments to the plans for the purposes of
Chapter 1 (commencing with 12570) and this chapter.
   (d) The Coachella Valley Water District shall enter into an
agreement with the department pursuant to which the district agrees
to indemnify and hold and save the state, its officers, agents, and
employees harmless from any and all liability for damages that may
arise out of the planning, design, construction, operation,
maintenance, repair, and rehabilitation of the project.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
are the result of a program for which legislative authority was
requested by that local agency or school district, within the meaning
of Section 17556 of the Government Code and Section 6 of Article
XIIIB of the California Constitution.