Cal. Code Regs. tit. 23 § 5012

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

Section 5012 - Prioritization of State Investments in Delta Levees and Risk Reduction

(a) Fund levee operation and maintenance. For the purposes of Water Code Section 85306, State investments in levee operation and maintenance of Delta project levees and nonproject levees shall be prioritized as follows:

(1) For project levees, funding should be prioritized to ensure levees are operated and maintained in accordance with Code of Federal Regulations, Title 33, Part 208.10 and applicable federal Operation and Maintenance manuals, active in federal Public Law 84-99 Rehabilitation Program, and consistent with Central Valley Flood Protection Board Resolution No. 2018-06 for Acceptable Operation and Maintenance of the State Plan of Flood Control.

(2) For nonproject levees, funding should be prioritized to ensure levees are operated and maintained to protect the Delta's physical characteristics.

(b) Delta levees investment strategy. The priorities listed in the Table 1 below and depicted in Delta Plan Appendix P dated August 2021, which is incorporated by reference, shall guide State discretionary investments in the improvement of Delta levees. The California Department of Water Resources' funding decisions are subject to its consideration of the benefits, costs, engineering considerations, and other factors. As the California Department of Water Resources selects levee improvement projects for funding through its levee funding programs, it should fund projects at the Very-High priority islands or tracts, before funding projects at High Priority or Other Priority islands or tracts. If available funds are sufficient to fully fund levee improvement projects at the Very-High Priority islands or tracts, then funds for levee improvement projects on High Priority islands or tracts should be funded and after those projects have been fully funded, then levee improvement projects at Other Priority islands or tracts may be funded.Table 1: Delta Levees Investment Strategy Priorities

Very High Priority	Bacon Island, Bethel Island, Bishop/DLIS-14 (North Stockton), Brannan-Andrus, Byron Tract, DLIS-19 (Grizzly Slough Area), DLIS-28, DLIS-33, DLIS-63 (Grizzly Island Area), Drexler Tract, Dutch Slough, Hastings Tract, Hotchkiss Tract, Jersey Island, Jones Tract (Upper and Lower), Maintenance Area 9 North, Maintenance Area 9 South, McCormack-Williamson Tract, McDonald Island, McMullin Ranch, Middle and Upper Roberts Island, New Hope Tract, North Stockton, Paradise Junction, Reclamation District 17, Ryer Island, Sherman Island, Staten Island, Terminous Tract, Twitchell Island, Union Island West, Upper Andrus Island, Victoria Island, Webb Tract.
High Priority	Bouldin Island, Brack Tract, Bradford Island, Cache Haas Area, Central Stockton, Clifton Court Forebay, DLIS-01 (Pittsburg Area), DLIS-07 (Knightsen Area), DLIS-08 (Discovery Bay Area), DLIS-20 (Yolo Bypass), DLIS-22 (Rio Vista), DLIS-26 (Morrow Island), DLIS-29, DLIS-30, DLIS-31 (Garabaldi Unit), DLIS-32, DLIS-39, DLIS-41 (Joice Island Area), DLIS-44 (Hill Slough Unit), DLIS-55, DLIS-59, Egbert Tract, Fabian Tract, Glanville, Grand Island, Holland Tract, Honker Bay, Kasson District, Libby McNeil, Little Egbert Tract, Lower Roberts Island, Mandeville Island, Mossdale Island, Netherlands, Palm-Orwood, Paradise Cut, Pearson District, Pescadero District, Rindge Tract, River Junction, Shima Tract, Stewart Tract, Sunrise Club, Tyler Island, Union Island East, Veale Tract, Walnut Grove, Woodward Island, Yolano.
Other Priority	Atlas Tract, Bixler Tract, Canal Ranch Tract, Chipps Island, Coney Island, Dead Horse Island, DLIS-06 (Oakley Area), DLIS-10, DLIS-15, DLIS-17, DLIS-18, DLIS-25, DLIS-27, DLIS-34, DLIS-35, DLIS-36, DLIS-37 (Chadbourne Area), DLIS-40, DLIS-43 (Potrero Hills Area), DLIS-46, DLIS-47, DLIS-48, DLIS-49, DLIS-50, DLIS-51, DLIS-52, DLIS-53, DLIS-54, DLIS-56, DLIS-57, DLIS-62, Drexler Pocket, Ehrheardt Club, Empire Tract, Fay Island, Glide District, Holt Station, Honker Lake Tract, King Island, Lisbon District, Medford Island, Mein's Landing, Merritt Island, Peters Pocket, Pico- Naglee, Prospect Island, Quimby Island, Randall Island, Rio Blanco Tract, Rough And Ready Island, Shin Kee Tract, Stark Tract, Sutter Island, Venice Island, Walthall, West Sacramento, Wetherbee Lake, Winter Island, Wright-Elmwood Tract.

(c) Annual Report.

(1) The California Department of Water Resources shall submit a written annual report, as described in paragraph (2), to the Council, as well as present the report to the Council, on State funds distributed or provided by the California Department of Water Resources within the legal Delta. At least 45 days prior to the oral presentation before the Council, and no later than March 1 of each calendar year, the California Department of Water Resources shall submit the written annual report to the Council and make the report publicly available.

(2) The report shall include:

(A) A description of all discretionary State funding for levees awarded by the California Department of Water Resources, during the reporting year; including both of the following:

(i) Levee improvement.

(ii) Levee operation and maintenance.

(B) A list of each levee improvement project proposal submitted to the California Department of Water Resources for funding, regardless of whether the California Department of Water Resources awarded funding to the project;

(C) A list of the improvement projects awarded funding, the funding level awarded, the local cost share, and the applicable priority of the island or tract from Table 1 in subsection (b), where the levee improvement project is located;

(D) A description, for each awarded project, of changes (when completed) to levee geometry, the specific locations of those changes, and expected changes in the level of flood protection provided or standard achieved;

(E) If the California Department of Water Resources awards funds for any levee improvement project that is inconsistent with the priorities identified in subsection (b), the annual report shall identify for each project: how the funding is inconsistent with the priorities, describe why variation from the priorities is necessary, and explain how the funding nevertheless protects lives, property, or other State interests, such as infrastructure, agriculture, water supply reliability, Delta ecosystem, or Delta communities;

(F) A summary of the California Department of Water Resources' rationale for levee improvement project proposals submitted, but not awarded funding during the reporting year; and

(G) A summary of all previous California Department of Water Resources funded levee improvement project activities completed during the reporting year and location of those activities.

(d) For purposes of Water Code section 85057.5(a)(3) and section 5001(j)(1)(E) of this Chapter, this policy covers a proposed action that involves discretionary State investments in Delta flood risk management, including levee operations, maintenance, and improvements. Nothing in this policy establishes or otherwise changes existing levee standards.

Cal. Code Regs. Tit. 23, § 5012

Note: Authority cited: Sections 85210 and 85306, Water Code. Reference: Sections 85020, 85022, 85054, 85057.5, 85300, 85305, 85306, 85307 and 85309, Water Code.

1. New section filed 8-7-2013; operative 9-1-2013 pursuant to Government Code section 11343.4(b)(3)(Register 2013, No. 32).
2. Repealer of subsections (a)-(a)(2), new subsections (a) to (c)(2)(G), subsection relettering and amendment of NOTE filed 9-21-2023; operative 1/1/2024 (Register 2023, No. 38).