Cal. Code Regs. tit. 23 § 316

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 316 - Inoperative Dams

A dam will be considered inoperative for annual fee purposes on other than a temporary basis upon determination by the department. In making its determination that a dam is inoperative, the department must find that both of the following circumstances with respect to the dam and its appurtenances are met:

(a) Alteration of the outlet facilities, as approved by the department, to remove gates, valves controls, or other means to assure maximum possible uncontrolled water release through the outlet works.

(b) Absence of water impounding capability of the reservoir under reasonably foreseeable conditions, taking into account the size of the drainage area, maximum possible inflow, and maximum possible outflow through the outlet works.

The department may determine that a dam is no longer inoperative when an investigation reveals that conditions that rendered the dam inoperative have changed. In this event, the dam will be considered operative on the date when such determination is made.

Cal. Code Regs. Tit. 23, § 316

1. Editorial correction renumbering former section 315 to section 316 filed 12-8-83 (Register 83, No. 50). For history of former section 316, see Register 70, No. 6. For prior history, see Register 83, No. 32.
2. Editorial correction of HISTORY (Register 91, No. 24).
3. Amendment of section and NOTE filed 3-26-2018 as an emergency; operative 3-26-2018 (Register 2018, No. 13). A Certificate of Compliance must be transmitted to OAL by 9-24-2018 or emergency language will be repealed by operation of law on the following day.
4. Amendment of section and NOTE refiled 9-20-2018 as an emergency; operative 9-25-2018 (Register 2018, No. 38). A Certificate of Compliance must be transmitted to OAL by 12-24-2018 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section and NOTE refiled 12-19-2018 as an emergency; operative 12-25-2018 pursuant to Government Code section 11346.1(d) (Register 2018, No. 51). A Certificate of Compliance must be transmitted to OAL by 3-25-2018 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 12-19-2018 order, including amendment of section and NOTE, transmitted to OAL 3-21-2019 and filed 5-1-2019; amendments operative 5-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 18).

Note: Authority cited: Sections 6078 and 6307, Water Code. Reference: Sections 6002, 6002.5, 6005, 6006, 6007, 6102.5, 6307 and 6309, Water Code.

1. Editorial correction renumbering former section 315 to section 316 filed 12-8-83 (Register 83, No. 50). For history of former section 316, see Register 70, No. 6. For prior history, see Register 83, No. 32.
2. Editorial correction of HISTORY (Register 91, No. 24)."
3. Amendment of section and Note filed 3-26-2018 as an emergency; operative 3-26-2018 (Register 2018, No. 13). A Certificate of Compliance must be transmitted to OAL by 9-24-2018 or emergency language will be repealed by operation of law on the following day.
4. Amendment of section and Note refiled 9-20-2018 as an emergency; operative 9/25/2018 (Register 2018, No. 38). A Certificate of Compliance must be transmitted to OAL by 12-24-2018 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section and Note refiled 12-19-2018 as an emergency; operative 12-25-2018 pursuant to Government Code section 11346.1(d) (Register 2018, No. 51). A Certificate of Compliance must be transmitted to OAL by 3-25-2018 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 12-19-2018 order, including amendment of section and Note, transmitted to OAL 3-21-2019 and filed 5-1-2019; amendments operative 5/1/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 18).