BILL NUMBER: SB 1280	CHAPTERED  09/21/04

	CHAPTER  616
	FILED WITH SECRETARY OF STATE  SEPTEMBER 21, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 21, 2004
	PASSED THE SENATE  AUGUST 26, 2004
	PASSED THE ASSEMBLY  AUGUST 24, 2004
	AMENDED IN ASSEMBLY  AUGUST 23, 2004
	AMENDED IN SENATE  MARCH 23, 2004

INTRODUCED BY   Senator Ortiz
   (Principal coauthors:  Assembly Members Cox and Steinberg)

                        FEBRUARY 13, 2004

   An act to add Section 12670.11 to the Water Code, relating to
water.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1280, Ortiz.  Flood damage reduction:  American River
watershed.
   Existing law provides for state cooperation with the federal
government in the construction of specified flood control projects.
   This bill would authorize the project for flood damage reduction
and environmental restoration in the American River watershed in
Sacramento County in accordance with Congressional approval and a
specified final report, 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 or the Reclamation Board.  The
bill would require the Sacramento Area Flood Control Agency to enter
into an agreement with the department pursuant to which the agency
agrees to indemnify and hold and save harmless the state, its
officers, agents, and employees for any and all liability for damages
that may arise out of the planning, design, construction, operation,
maintenance, repair, and rehabilitation of the project.


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


  SECTION 1.  The Legislature finds and declares that the recreation
and fish and wildlife enhancement features resulting from habitat
restoration make the project for flood damage reduction and
environmental restoration in the American River watershed in
Sacramento County eligible for funding in accordance with Section
12847 of the Water Code.
  SEC. 2.  Section 12670.11 is added to the Water Code, to read:
   12670.11.  (a) The project for flood damage reduction and
environmental restoration in the American River watershed in
Sacramento County is adopted and authorized substantially in
accordance with Congressional approval and the final report of the
Chief of Engineers dated November 5, 2002, as authorized by Section
128 of the Energy and Water Development Appropriations Act, 2004
(P.L. 108-137), 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 or the Reclamation Board.

   (b) The Sacramento Area Flood Control Agency shall enter into an
agreement with the department pursuant to which the agency agrees to
indemnify and hold and save harmless the state, its officers, agents,
and employees for any and all liability for damages that may arise
out of the planning, design, construction, operation, maintenance,
repair, and rehabilitation of the project.