(a) In the case of an emergency, the Department has the authority to take any action necessary to avert, alleviate repair, or mitigate any threat to the State Water Project. An emergency, pursuant to subdivision (e), Section 12899.5 of the Water Code, is defined as a sudden, unexpected occurrence that in the opinion of the Department poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss of impairment of life, health, property, or essential public services.(b) If the Department removes any encroachment pursuant to subdivision (e), Section 12899.5 of the Water Code, the Department may recover the expense of removal, together with the costs and expenses, including attorneys fees, incurred in that action.Cal. Code Regs. Tit. 23, § 625.5
1. New section filed 4-22-2015; operative 7-1-2015 (Register 2015, No. 17). Note: Authority cited: Sections 128 and 12899.9, Water Code. Reference: Sections 12899.5(e), 12899.5(f), 12899.7 and 12899.8, Water Code.
1. New section filed 4-22-2015; operative 7/1/2015 (Register 2015, No. 17).