23 CA ADC § 316


      23 CCR s 316

      Cal. Admin. Code tit. 23, s 316


      CALIFORNIA CODE OF REGULATIONS
      TITLE 23. WATERS
      DIVISION 2. DEPARTMENT OF WATER RESOURCES
      CHAPTER 1. DAMS AND RESERVOIRS
      ARTICLE 3. ANNUAL FEE
      This database is current through 05/26/06, Register 2006, No. 21. 

      s 316. Inoperative Dams.

      A dam will not be considered to be substantially completed or in 
      operation, for annual fee purposes, where the Department determines that 
      it has been rendered inoperative on other than a temporary basis. In 
      making its determination the Department will consider the following 
      circumstances, among others, with respect to the dam:

      (a) Alteration of the outlet facilities to assure maximum possible 
      uncontrolled water release through the outlet works.

      (b) Absence of water impounding capability under reasonably foreseeable 
      conditions, taking into account the size of the drainage area.

      (c) Absence of benefit from the dam and reservoir to the owner or others.

      The Department may determine that a dam is no longer inoperative when 
      investigation reveals that conditions which rendered the dam inoperative 
      on other than a temporary basis have changed. In this event the dam will 
      be considered substantially completed or in operation on the date such 
      determination is made, and the annual fee shall be charged on a pro rata 
      basis.


      


      Note: Authority cited: Section 6078, Water Code. Reference: Section 6307, 
      Water Code. 


       HISTORY 
         
      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)."
      23 CA ADC s 316

      END OF DOCUMENT

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