Section 610.3 - General Provisions of an Encroachment Permit(a) The Department may prescribe requirements in the encroachment permit, including a requirement that the permittee pay the entire cost and expense of restoring the affected State Water Project facilities to a condition equivalent to that before the work was performed, and requirements relating to the location and manner in which the work shall be performed for the protection of the Department's facilities.(b) The Department may require mitigation for effects of the approved activity on the environment, separate and apart from any other requirements under State or Federal environmental laws.(c) The Department may require a reporting and monitoring program for any mitigation required by the Department to avoid significant impacts on the environment.(d) All of the work performed under an encroachment permit shall be in accordance with the plans, and specifications reviewed and approved by the Department.(e) The Department may require the owner of an encroachment, or the owner of the real property upon which the encroachment is located, to execute and cause to be recorded a document which imposes a covenant, restriction, servitude or combination thereof, which runs with the land and binds all owners, heirs, successors, lessees, agents, and assigns, and would be enforceable by the Department or its successor. The Department may also require the applicant to post a performance and payment bond payable to the Department. These requirements may be imposed where the Department has a reasonable belief that: (1) a particular applicant may fail to comply with the terms or conditions of an encroachment permit, such as where there may have been previous encroachment permit violations by the applicant, or(2) where record notice to successors-in-interest to the applicant or landowner is deemed appropriate.(f) The encroachment permit issued under these regulations shall not eliminate the need, as required by law, of securing the written order or consent from all other Federal, State, or local public agencies having jurisdiction over the applicant's project area. An applicant shall demonstrate compliance with all requirements of all public agencies with jurisdiction over the applicant's project area.(g) The Permittee shall prevent contamination of the water in the aqueduct or SWP right-of-way during construction.(h) Each permittee shall exercise reasonable care to operate and maintain any work authorized by an encroachment permit to prevent injury or damage to the Department's right-of-way or facilities, or interfere with the successful execution, functioning, or operation of any present or future planned State Water Project facilities. The permittee shall repair and restore the affected State Water Project facilities or the Department's right-of-way to a condition equivalent to that before the work was performed for any injury or damage which occurred as a result of work performed under the encroachment permit, including any and all injury to the Department's facilities which would not have occurred had such work not been done or such encroachment had not been placed therein.(i) The permittee shall be responsible for all personal liability and property damage which may arise out of a permittee's actions or failure to perform the obligations/conditions of the encroachment permit. The permittee shall agree to save and hold the Department free and harmless from, and to defend and indemnify the Department against, any and all claims and liability, including, but not limited to, personal injury or property damage arising or claimed to arise, directly or indirectly, from the uses of land pursuant to the permit. The permittee shall agree to release the State from responsibility or liability for any damages that may be caused to the encroachment by the use and operation of the State Water Project right-of-way and the Department's facilities.(j) The encroachment permit may be revoked by the Department if the work described in the encroachment permit is not commenced within one (1) year of the permit's issuance. The permittee shall request an extension from the Department no less than sixty (60) days prior to the expiration date stated on the encroachment permit if the permitted work will not be completed by the encroachment permit's expiration date.(k) The permittee's signature on the encroachment permit constitutes acceptance of, and agreement with, all the terms and conditions of the encroachment permit.(l) Any work within the Department's right-of-way shall conform to the terms and conditions of the encroachment permit. If the work does not conform, the Department may issue an order that the permittee remove, alter, relocate, or reconstruct any or all of the work, at the sole cost and expense of the permittee. Should a permittee fail to comply with the Department's order, the Department may perform such work or have the work performed, and the permittee shall reimburse the Department for all costs and expenses of the work performed, including administrative costs and attorney fees.(m) The permittee shall bear the full cost and expense of removal of its facilities upon the abandonment, termination, modification or revocation of the permit. The permittee shall also be responsible for, or pay the full expense of, restoring the Department's facilities and right-of-way equivalent to the condition immediately prior to the commencement of the permitted work.Cal. Code Regs. Tit. 23, § 610.3
1. New section filed 4-22-2015; operative 7-1-2015 (Register 2015, No. 17). Note: Authority cited: Section 12899.9, Water Code. Reference: Sections 12899.2(b), 12899.2(c) and 12899.7, Water Code.
1. New section filed 4-22-2015; operative 7/1/2015 (Register 2015, No. 17).