BILL NUMBER: SB 826	CHAPTERED  10/07/05

	CHAPTER  687
	FILED WITH SECRETARY OF STATE  OCTOBER 7, 2005
	APPROVED BY GOVERNOR  OCTOBER 7, 2005
	PASSED THE SENATE  SEPTEMBER 8, 2005
	PASSED THE ASSEMBLY  SEPTEMBER 8, 2005
	AMENDED IN ASSEMBLY  AUGUST 31, 2005
	AMENDED IN SENATE  APRIL 19, 2005

INTRODUCED BY   Senator Maldonado

                        FEBRUARY 22, 2005

   An act to amend Section 12878.1 of the Water Code, relating to
water.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 826, Maldonado  State maintenance areas.
   Existing law authorizes, on a project-by-project basis, and in
accordance with designated plans, state participation in federal
flood control projects and specifies the degree of cooperation to be
assumed by the state and local agencies in connection with those
projects. Existing law establishes procedures for the assumption of
flood control maintenance and operation duties by the Department of
Water Resources in connection with the formation of a maintenance
area on behalf of a federal flood control project unit. Existing law
authorizes, but does not require, the Board of Reclamation or the
department, as applicable, to proceed with the formation of a
maintenance area if neither the board nor the department has given
the nonfederal assurances to the United States that are required for
the project.
   This bill would require the board or the department, as
applicable, to proceed with the formation of a maintenance area, in
accordance with specified procedures, with regard to a project for
which an application for the formation of a maintenance area has been
submitted to the department by a local agency on or before July 1,
2003. The bill would require the local agency, before the department
or the board forms a maintenance area, to enter into an
indemnification agreement with the department.


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


  SECTION 1.  Section 12878.1 of the Water Code is amended to read:
   12878.1.  (a) Whenever the department finds that a unit of a
project is not being operated or maintained in accordance with the
standards established by federal regulations or whenever the
governing body of a local agency obligated to operate and maintain
that unit by resolution duly adopted and filed with the department
declares that it no longer desires to operate and maintain the unit,
the department shall prepare a statement to that effect specifying in
detail the particular items of work necessary to be done in order to
comply with the standards of the federal government together with an
estimate of the cost thereof for the current fiscal year and for the
ensuing fiscal year.
   (b) Subject to subdivision (c), but notwithstanding any other
provision of law, the board or the department is not required to
proceed in accordance with subdivision (a) or with the formation of a
maintenance area under this chapter if neither the board nor the
department has given the nonfederal assurances to the United States
required for the project. If neither the board nor the department has
given the nonfederal assurances to the United States required for
the project, the board or department may elect to proceed with the
formation if it determines that the formation of a maintenance area
is in the best interest of the state.
   (c) (1) Subdivision (b) does not apply to any project for which an
application for the formation of a maintenance area under this
chapter has been submitted to the department by a local agency on or
before July 1, 2003.
   (2) Subject to paragraph (3), the department or the board shall
proceed in accordance with subdivision (a) and with the formation of
a maintenance area in accordance with this chapter for any project
described in paragraph (1).
   (3) Before the department or the board forms a maintenance area
pursuant to this subdivision, the local agency shall enter into an
agreement with the department pursuant to which the local 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, or rehabilitation of the project, or the
dissolution or modification of the maintenance area formed pursuant
to this subdivision.