AB 1061, as amended, Gallagher. Sacramento and San Joaquin Drainage District: powers.
Existing law grants to the Central Valley Flood Protection Boardbegin delete (board)end delete the authority to carry out various flood control activities, including the authority to construct, maintain, and operate ditches, canals, pumping plants, and other drainage works. Existing law requires revenues, rents, and proceeds from sale of crops from lands under the control of the board be paid into the State Treasury, as specified, with the balance of the revenues, rents, and proceeds going to the credit of the General Fund.
Existing law establishes the Sacramento and San Joaquin Drainage District under the administration of the board for the purposes of carrying out specified flood management activities within the boundaries of the district. Existing law authorizes the district to acquire, own, hold, use, and enjoy any and all properties necessary for the purposes of the district. Existing law requires all moneys collected upon sales or otherwise be deposited in the Sacramento and San Joaquin Drainage District Fund, as specified. Existing law requires moneys in the Sacramento and San Joaquin Drainage District Fund be paid out upon warrants of the Controller and requires the Controller to issue warrants upon the funds whenever drafts of the board are presented.
This bill would additionally authorize the district to sell, lease,begin delete orend delete rent, or otherwise dispose of abegin delete right of way,end deletebegin insert right-of-way,end insert easement, or property, as specified, and to take, receive, and apply for purposes of
flood control the income, profit, and revenue received from the sale, lease, rental, or other disposal. By adding a new source of revenue to a continuously appropriated fund, this bill would make an appropriation.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Sacramento and San Joaquin Drainage District.
Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 8504 of the Water Code is amended to
2read:
The district, and any successorbegin delete of the land ofend deletebegin insert toend insert the
4district, may do all of the following:
5(a) Acquire, own, hold, use, and enjoy any and all properties
6necessary for the purposes of the district.
7(b) Sell or otherwise dispose of abegin delete right of way,end deletebegin insert right-of-way,end insert
8 easement, or property
when the district determines that thebegin delete right begin insert right-of-way,end insert easement, or property
9of way,end deletebegin delete areend deletebegin insert isend insert no longer
10necessary for the purposes of this division.
11(c) Lease or rent abegin delete right of way,end deletebegin insert right-of-way,end insert easement, or
12property.
13(d) Take, receive, or apply, for the purposes and objectives of
14this
division, the income, profit, or revenue received from the sale,
15lease, rental, or other disposal.
The Legislature finds and declares that a special law
17is necessary and that a general law cannot be made applicable
18within the meaning of Section 16 of Article IV of the California
19Constitution because the Sacramento and San Joaquin Drainage
20District was created, and is operated, for the limited purpose of
21carrying out a general flood control project for the Sacramento
22and San Joaquin Rivers and their tributaries.
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