California Code of Regulations
Title 23 - Waters
Division 2 - Department of Water Resources
Chapter 1 - Dams and Reservoirs
Article 2 - Applications for Construction, Enlargement, Repair, Alteration, or Removal of Dams or Reservoirs
Section 310 - Applications for Construction or Enlargement

Universal Citation: 23 CA Code of Regs 310

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) This section shall apply to applications for the department's approval of plans and specifications for the construction or enlargement of dams and reservoirs.

(b) Applications for construction or enlargement of a dam and reservoir shall be made on printed forms provided by the department. The department shall also provide written instructions for completing the application.

(c) The amount of information required will depend on factors such as the size of the proposed dam and reservoir, potential hazards, hydrology of the watershed, complexity of the site and proximity to active faults.

(d) Plans, maps, specifications and other information required for an application shall be provided in sufficient clarity and detail to be readily interpreted and studied, and to permit an adequate evaluation of the safety of the proposed work.

(e) The department may require the filing of any information, in addition to that specified in this section which, in its opinion, it considers necessary to determine the safety of the dam and reservoir.

(f) In addition to the information required by Water Code Sections 6201- 6206, and subsections (b)-(e), an application shall also include the following:

(1) Evidence of water rights, as required by Section 303.

(2) Information necessary to enable the department to comply with the requirements of the California Environmental Quality Act (Public Resources Code Sections 21000- 21174). This information shall be either:
(A) a copy of the environmental impact report (EIR) or negative declaration prepared by a lead agency, or evidence that a lead agency is preparing or will prepare environmental documentation, or

(B) data and information necessary for the department to act as a lead agency to prepare environmental documentation, where it is required by law to do so.

(3) Where the department acts as a responsible agency, the lead agency's EIR or negative declaration must be submitted to the State Clearinghouse.

(4) The fee as required by Water Code Section 6300, as made specific by Section 314 of this subchapter.

(5) For the construction or enlargement of dams that the department classifies as significant, high, or extremely high hazard potential, inundation maps and other requirements described in sections 335 to 335.20 for the dam and all critical appurtenant structures.

1. Amendment filed 2-5-70; effective thirtieth day thereafter (Register 70, No. 6).
2. New subsection (j)(6) filed 4-13-73; effective thirtieth day thereafter (Register 73, No. 15).
3. Amendment of subsections (a), (b), (j)(5) and (j)(6) filed 7-18-78; effective thirtieth day thereafter (Register 78, No. 29).
4. Amendment filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
5. Editorial correction of subsection (f)(4) filed 12-8-83 (Register 83, No. 50).
6. New subsection (f)(5) and amendment of NOTE filed 11-29-2018; operative 11-29-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 48).

Note: Authority cited: Section 6078, Water Code. Reference: Sections 6075, 6200- 6206, 6261, 6355 and 6357, Water Code; and Sections 21002.1(d) and 21083, Public Resources Code.

Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.