Loading (50 kb)...'
(continued)
Atascadero 1.2 1.5 2.8 3.9 4.5 6.0 6.7 6.2
Morro Bay 2.0 2.2 3.1 3.5 4.3 4.5 4.6 4.6
Paso Robles 1.6 2.0 3.2 4.3 5.5 6.3 7.3 6.7
San Luis Obispo 2.0 2.2 3.2 4.1 4.9 5.3 4.6 5.5
San Miguel 1.6 2.0 3.2 4.3 5.0 6.4 7.4 6.8
San Simeon 2.0 2.0 2.9 3.5 4.2 4.4 4.6 4.3
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San Mateo Half Moon Bay 1.5 1.7 2.4 3.0 3.9 4.3 4.3 4.2
Redwood City 1.5 1.8 2.9 3.8 5.2 5.3 6.2 5.6
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Santa Carpenteria 2.0 2.4 3.2 3.9 4.8 5.2 5.5 5.7
Barbara
Guadalupe 2.0 2.2 3.2 3.7 4.9 4.6 4.5 4.6
Los Alamos 1.8 2.0 3.2 4.1 4.9 5.3 5.7 5.5
Lompoc 2.0 2.2 3.2 3.7 4.8 4.6 4.9 4.8
Santa Barbara 2.0 2.5 3.2 3.8 4.6 5.1 5.5 4.5
Santa Maria 1.8 2.2 3.2 4.0 5.0 5.1 5.1 5.1
Solvang 2.0 2.0 3.3 4.3 5.0 5.6 6.1 5.6
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Santa Clara Gilroy 1.3 1.8 3.1 4.1 5.3 5.6 6.1 5.5
Los Gatos 1.5 1.8 2.8 3.9 5.0 5.6 6.2 5.5
Palo Alto 1.5 1.8 2.8 3.8 5.2 5.3 6.2 5.6
San Jose 1.5 1.8 3.1 4.1 5.5 5.8 6.5 5.9
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Santa Cruz San Cruz 1.5 1.8 2.6 3.5 4.3 4.4 4.8 4.4
Watsonville 1.5 1.8 2.7 3.7 4.6 4.5 4.8 4.2
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Shasta Burney 0.7 1.0 2.1 3.5 4.9 5.9 7.4 6.4
Fall River Mills 0.6 1.0 2.1 3.7 5.0 6.1 7.8 6.7
Glenburn 0.6 1.0 2.1 3.7 5.0 6.3 7.8 6.7
Redding 1.2 1.4 2.6 4.1 5.6 7.1 8.5 7.3
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Sierra Downieville 0.7 1.0 2.3 3.5 5.0 6.0 7.4 6.2
Sierraville 0.7 1.1 2.2 3.2 4.5 5.9 7.3 6.4
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Siskiyou Happy Camp 0.5 0.9 2.0 3.0 4.3 5.2 6.1 5.3
Mt. Shasta 0.5 0.9 2.0 3.0 4.5 5.3 6.7 5.7
Tulelake 0.5 0.9 2.1 3.4 5.3 5.9 7.9 6.7
Weed 0.5 0.9 2.0 2.5 4.5 5.3 6.7 5.5
Yreka 0.6 0.9 2.1 3.0 4.9 5.8 7.3 6.5
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Solano Fairfield 1.1 1.7 2.8 4.0 5.5 6.1 7.8 6.0
Rio Vista 0.9 1.7 2.8 4.4 5.9 6.7 7.9 6.5
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Sonoma Cloverdale 1.1 1.4 2.6 3.4 5.0 5.9 6.2 5.6
Fort Ross 1.2 1.4 2.2 3.0 3.7 4.5 4.2 4.3
Hearldsburg 1.2 1.5 2.4 3.5 5.0 5.9 6.1 5.6
Lincoln 1.2 1.7 2.8 4.7 6.1 7.4 8.4 7.3
Petaluma 1.2 1.5 2.8 3.7 4.6 5.6 4.6 5.7
Santa Rosa 1.2 1.7 2.8 3.7 5.0 6.0 6.1 5.9
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Stanislaus La Grange 1.2 1.5 3.1 4.7 6.2 7.7 8.5 7.3
Modesto 0.9 1.4 3.2 4.7 6.4 7.7 8.1 6.8
Newman 1.0 1.5 3.2 4.6 6.2 7.4 8.1 6.7
Oakdale 1.2 1.5 3.2 4.7 6.2 7.7 8.1 7.1
Turlock 0.9 1.5 3.2 4.7 6.5 7.7 8.2 7.0
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Sutter Yuba City 1.3 2.1 2.8 4.4 5.7 7.2 7.1 6.1
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Tehama Red Bluff 1.2 1.8 2.9 4.4 5.9 7.4 8.5 7.3
Corning 1.2 1.8 2.9 4.5 6.1 7.3 8.1 7.2
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Trinity Hay Fork 0.5 1.1 2.3 3.5 4.9 5.9 7.0 6.0
Weaverville 0.6 1.1 2.2 3.3 4.9 5.9 7.3 6.0
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Toulomme Groveland 1.1 1.5 2.8 4.1 5.7 7.2 7.9 6.6
Sonora 1.1 1.5 2.8 4.1 5.8 7.2 7.9 6.7
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Tulare Alpaugh 0.9 1.7 3.4 4.8 6.6 7.7 8.2 7.3
Badger 1.0 1.3 2.7 4.1 6.0 7.3 7.7 7.0
Dinuba 1.1 1.5 3.2 4.7 6.2 7.7 8.5 7.3
Porterville 1.2 1.8 3.4 4.7 6.6 7.7 8.5 7.3
Visalia 1.0 1.8 3.4 5.4 7.0 8.2 8.4 7.2
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Ventura Oxnard 2.2 2.5 3.2 3.7 4.4 4.6 5.4 4.8
Thousand oaks 2.2 2.7 3.4 4.5 5.4 5.9 6.7 6.4
Ventura 2.2 2.7 3.2 3.8 4.6 4.7 5.5 4.9
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Yolo Davis 1.0 1.9 3.3 5.0 6.4 7.6 8.2 7.1
Winters 1.7 1.7 2.9 4.4 5.8 7.1 7.9 6.7
Woodland 1.0 1.8 3.2 4.7 6.1 7.7 8.2 7.2
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Yuba Brownsville 1.1 1.4 2.6 4.0 5.7 6.8 7.9 6.8
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Average 1.4 1.9 3.2 4.6 6.0 6.9 7.6 6.8
Max 3.2 4.4 6.7 8.9 11.1 12.4 12.8 11.1
Min 0.5 0.7 1.7 2.5 3.7 .3.5 3.7 3.7
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1...+...10....+...20....+...30....+...40....+...50....+...60....+...70....+
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******* This is piece 2. -- It begins at character 76 of table line 1. ********
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Ann.
Sep Oct Nov Dec Eto
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5.3 3.2 1.5 0.9 47.2
4.8 3.1 1.4 0.9 41.8
------------------------------
4.4 2.6 1.2 0.5 40.5
------------------------------
5.3 3.2 1.4 0.9 48.9
------------------------------
5.4 3.7 1.7 1.0 51.7
5.4 3.7 1.7 1.0 51.9
3.7 1.7 1.0 51.5
------------------------------
5.3 3.2 1.4 0.7 48.8
------------------------------
5.7 3.5 1.7 1.0 51.4
5.3 3.4 1.6 1.0 50.8
------------------------------
4.4 2.9 1.2 0.7 40.3
5.2 3.2 1.4 0.7 48.3
5.3 3.2 1.4 0.7 48.0
4.8 3.2 1.3 0.7 43.4
4.7 3.1 1.2 0.7 41.8
5.0 3.2 1.3 0.7 45.4
------------------------------
3.0 2.0 0.9 0.5 27.7
------------------------------
5.1 3.1 1.5 0.9 47.3
------------------------------
5.3 3.4 1.4 0.7 51.4
5.3 3.4 1.6 0.7 50.9
5.4 3.4 1.5 0.9 52.1
5.2 3.2 1.4 0.6 51.1
5.3 3.4 1.4 0.7 51.3
5.3 3.4 1.4 0.7 51.2
5.3 3.4 1.4 0.7 51.6
5.3 3.4 1.4 0.7 51.3
------------------------------
5.8 3.8 1.7 1.1 53.3
5.3 3.6 1.7 1.0 51.3
------------------------------
3.0 2.0 0.9 0.5 27.5
3.0 2.0 0.9 0.5 27.5
3.8 2.4 1.0 0.7 34.9
3.8 2.4 0.9 0.7 35.6
------------------------------
8.4 6.2 3.5 2.1 84.2
8.6 6.5 3.8 2.3 86.9
8.3 6.1 3.3 2.0 81.7
8.6 6.2 3.5 2.1 84.7
8.9 6.6 4.0 2.6 91.5
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7.4 4.8 2.5 1.6 68.3
8.3 5.4 2.9 1.7 79.1
7.1 3.9 2.0 1.5 65.2
7.1 4.2 2.6 1.5 67.6
8.4 6.2 3.4 2.1 83.1
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5.3 3.4 1.7 1.0 51.9
5.3 3.5 1.6 0.9 52.4
5.4 3.4 1.5 0.9 52.0
5.3 3.5 1.4 0.7 52.0
5.9 3.4 1.9 1.0 49.5
7.3 4.9 2.7 1.7 74.8
7.1 5.1 2.6 1.7 72.4
5.0 3.2 1.7 0.9 48.4
5.0 3.9 0.8 0.4 49.0
5.4 3.4 1.5 0.9 52.1
5.34 #3.54 1.7 1.0 51.2
5.9 3.4 2.1 1.2 52.9
------------------------------
5.8 3.4 1.4 0.7 53.1
5.4 3.4 1.4 0.7 51.5
5.9 3.7 1.7 1.0 54.6
5.4 3.4 1.4 0.7 51.7
------------------------------
4.7 2.9 1.2 0.9 42.8
5.0 3.1 1.3 0.9 45.4
------------------------------
4.7 2.8 1.2 0.5 44.9
4.6 2.8 1.2 0.5 44.0
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5.4 4.0 2.6 2.0 51.7
5.7 4.2 2.6 2.0 53.1
5.9 3.6 2.4 1.1 52.4
7.3 4.6 2.8 1.7 71.1
5.0 3.9 2.6 2.0 50.1
4.5 3.4 2.4 2.0 44.0
6.7 4.2 2.6 1.7 64.8
5.6 4.2 2.6 2.0 52.3
6.4 4.0 2.6 1.6 59.9
4.4 2.8 2.4 2.0 42.6
5.3 3.9 2.6 2.0 52.0
------------------------------
5.3 3.4 1.4 0.7 51.4
5.3 3.4 1.4 0.7 51.5
5.2 3.4 1.4 0.7 50.5
------------------------------
4.4 2.8 1.4 0.7 39.8
4.3 2.7 1.3 0.7 35.8
------------------------------
5.3 3.4 1.4 0.7 48.8
5.0 3.4 1.4 0.7 49.0
4.4 2.9 1.1 0.6 41.4
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3.0 2.3 1.2 0.7 29.0
3.0 2.3 1.2 0.7 29.6
4.5 2.8 1.3 0.7 40.9
4.5 2.8 1.3 0.7 40.9
------------------------------
5.3 3.4 1.4 0.7 51.5
5.3 3.4 1.4 0.7 50.0
------------------------------
4.7 2.7 1.2 0.5 43.0
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3.8 2.8 1.8 1.3 36.7
6.5 5.2 2.2 1.3 49.6
5.3 3.6 2.0 1.2 49.1
3.5 2.8 1.9 1.5 36.0
4.0 2.9 1.9 1.3 39.1
5.2 3.7 2.2 1.5 47.7
------------------------------
4.8 3.1 1.4 0.9 44.1
4.8 3.1 1.5 0.9 44.3
------------------------------
5.3 3.2 1.5 0.9 48.0
5.3 3.2 1.4 0.9 47.4
------------------------------
4.7 3.7 2.5 2.0 48.2
4.4 3.4 2.4 2.0 43.2
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5.4 3.4 1.6 1.0 50.6
4.6 2.9 0.9 0.6 40.5
5.3 3.2 1.4 0.9 47.9
4.1 2.5 0.7 0.7 35.4
4.1 2.4 0.8 0.6 35.5
4.1 2.4 0.8 0.6 36.2
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4.4 2.8 1.2 0.5 40.2
4.3 2.7 0.9 0.5 39.4
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6.0 3.9 2.6 1.7 55.0
9.1 6.7 4.0 2.7 92.9
8.9 6.2 3.8 2.4 88.1
9.0 6.4 3.9 2.6 90.0
5.8 3.9 2.6 2.0 55.0
8.9 6.4 3.8 2.4 87.6
8.4 6.1 2.7 1.8 75.1
7.2 5.9 2.7 1.7 71.1
6.1 4.2 2.6 2.0 56.6
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5.6 3.7 1.7 1.0 52.2
5.4 3.7 1.7 0.9 51.9
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5.0 3.5 1.7 1.1 45.1
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8.9 6.1 3.3 2.1 86.6
8.6 5.7 3.3 2.1 83.6
5.9 4.2 2.6 2.0 54.6
5.4 3.5 2.2 1.6 50.8
8.9 6.6 4.0 2.7 92.1
7.4 5.0 3.0 1.8 75.3
5.9 4.2 2.6 2.0 55.6
8.6 5.9 3.4 2.2 82.9
7.4 5.1 2.8 1.8 74.6
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4.5 3.4 2.4 2.0 44.2
5.4 3.8 2.5 2.0 52.6
4.1 3.3 2.4 2.0 42.9
6.0 4.0 2.2 1.7 54.8
5.6 3.9 2.5 1.7 53.4
3.9 3.3 2.2 2.0 40.6
5.4 3.8 2.6 2.0 51.1
6.3 4.0 2.5 1.3 56.0
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4.1 2.8 1.3 0.7 35.1
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5.3 3.3 1.4 0.7 50.0
5.2 3.1 1.3 0.7 49.5
5.3 3.3 1.4 0.6 50.1
5.3 3.2 1.4 0.6 49.1
5.3 3.2 1.3 0.7 48.5
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3.8 3.2 2.4 1.7 40.0
5.0 3.2 1.7 1.0 43.7
3.8 3.5 2.1 1.7 39.9
5.1 3.7 2.1 1.7 49.0
4.4 3.5 2.4 1.7 43.8
5.1 3.7 2.1 1.4 49.0
3.5 3.1 2.0 1.7 38.1
------------------------------
3.5 2.8 1.3 1.0 33.7
4.8 3.1 1.7 1.0 42.8
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4.5 3.4 2.4 2.0 44.9
4.1 3.3 2.4 1.7 41.1
4.4 3.7 2.4 1.6 44.6
3.9 3.2 2.4 1.7 41.1
3.4 2.4 1.8 1.8 40.6
4.5 3.5 2.4 1.7 43.7
4.4 3.7 2.2 1.6 45.6
------------------------------
4.7 3.4 1.7 1.1 43.6
4.7 3.2 1.7 1.1 42.9
5.0 3.2 1.7 1.0 43.0
5.2 3.3 1.8 1.8 45.3
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3.8 2.8 1.7 1.2 36.6
4.0 2.9 1.8 1.2 37.7
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4.4 2.9 0.9 0.6 40.9
4.6 2.8 0.9 0.5 41.8
4.7 2.8 0.9 0.6 42.1
5.3 3.2 1.4 0.9 48.8
------------------------------
4.7 2.8 0.9 0.6 41.3
4.3 2.6 0.9 0.5 39.6
------------------------------
4.1 2.4 0.9 0.5 35.1
4.0 2.2 0.7 0.5 36.0
4.4 2.7 0.9 0.5 41.2
3.7 2.0 0.9 0.5 34.9
4.3 2.5 0.9 0.5 39.2
------------------------------
4.8 3.1 1.4 0.9 45.2
5.1 3.2 1.3 0.7 47.0
------------------------------
4.5 2.8 1.4 0.7 40.7
3.4 2.4 1.2 0.5 31.9
4.5 2.8 1.4 0.7 40.8
5.4 3.7 1.9 1.2 51.9
4.5 2.9 1.4 0.9 39.6
4.5 2.9 1.5 0.7 42.0
------------------------------
5.3 3.4 1.4 0.7 51.2
5.0 3.4 1.4 0.7 49.7
5.0 3.4 1.4 0.7 49.3
5.1 3.4 1.4 0.7 50.3
5.1 3.4 1.4 0.7 50.2
------------------------------
4.7 3.2 1.2 0.9 46.7
------------------------------
5.4 3.5 1.7 1.0 51.1
5.3 3.7 1.7 1.7 50.7
------------------------------
4.5 2.8 0.9 0.7 40.1
4.4 2.7 0.9 0.7 40.0
------------------------------
5.1 3.3 1.4 0.7 47.5
5.1 3.2 1.4 0.7 47.6
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5.4 3.4 1.4 0.7 51.6
4.8 3.3 1.4 0.7 47.3
5.3 3.4 1.4 0.7 51.2
5.3 3.4 1.4 0.7 52.1
5.7 3.8 1.7 0.9 54.3
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4.0 3.3 2.4 2.0 42.3
5.4 3.9 2.6 2.0 51.0
4.1 3.4 2.5 2.0 43.5
------------------------------
5.4 4.0 1.8 1.0 52.5
5.3 3.3 1.6 1.0 49.4
5.4 3.7 1.7 1.0 51.6
------------------------------
5.3 3.4 1.5 0.9 47.4
------------------------------
------------------------------
5.3 3.6 1.8 1.1 50.2
9.1 6.7 4.0 2.7 92.9
3.0 2.0 0.7 0.4 27.5
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76.......+...90....+....0....+
s 497.1. Scope.
(a) These regulations implement Sections 79035 through 79044, and 79044.9 in Article 2.5 of Chapter 5 of Division 26 of the Water Code, which Division is the Costa-Machado Water Act of 2000. They establish a process for funding acquisition of property rights and related activities for flood protection corridor projects undertaken by the Department of Water Resources directly or through grants to local public agencies or nonprofit organizations.
(b) The Flood Protection Corridor Program is statewide in scope. Within the geographic scope of the CALFED Bay-Delta Program, funds in the subaccount for this program shall be used for projects that, to the greatest extent possible, are consistent with the CALFED long-term plan identified in the Programmatic Record of Decision of August 28, 2000.
Note: Authority cited: Sections 8300, 12580 and 79044.9, Water Code; 2000 Cal. Stat. Ch. 52, Item No. 3860-101-6005; 2001 Cal. Stat. Ch. 106, Item No. 3860-001-0001, Provision 3; and 2002 Cal. Stat. Ch. 379, Item No. 3860-101- 6005. Reference: Sections 79037, 79043, 79044 and 79044.9, Water Code
s 497.2. Definitions.
The words used in this chapter have meanings set forth as follows:
(a) "A List" means the preferred priority list of projects described in Section 497.6.
(b) "Applicant" means an entity that is acting as the principal party making an application for funding under the provisions of the Costa-Machado Water Act of 2000.
(c) "B List" means the reserve priority list of projects described in Section 497.6.
(d) "CEQA" means the California Environmental Quality Act, Public Resources Code Sections 21000 et seq.
(e) "Department" means the California Department of Water Resources.
(f) "Director" means the Director of the Department of Water Resources.
(g) "FEMA" means the Federal Emergency Management Agency.
(h) "Fully funded" with respect to a grant project means funded to the full amount of the requested funds or to the funding limit, whichever is less.
(i) "Grant application form" means the Department's form entitled "Flood Protection Corridor Program Project Evaluation Criteria and Competitive Grant Application Form" dated April 9, 2003 and incorporated herein by this reference.
(j) "Local public agency" means any political subdivision of the State of California, including but not limited to any county, city, city and county, district, joint powers agency, or council of governments.
(k) "Milestone" means a time when a significant portion of a project is completed, as defined in the contract as a time for disbursement of grant funds.
(l) "Nonprofit organization" means an organization that does not operate for profit and has no official governmental status, including but not limited to clubs, societies, neighborhood organizations, advisory councils, conservation organizations and privately run local community conservation corps.
(m) "Program" means the Flood Protection Corridor Program established by Water Code Division 26, Chapter 5, Article 2.5.
(n) "Property interest" means any right in real property, including easement, fee title, and any other kind of right acquired by legally binding means.
(o) "Project" means all planning, engineering, acquisition of real property interests, construction and related activities undertaken to implement a discrete action undertaken under the program pursuant to Water Code Section 79037.
(p) "Sponsor" means an applicant who has received grant funding through the application process described in these regulations.
(q) "Subaccount" means the Flood Protection Corridor Subaccount created by Water Code Section 79035(a).
Note: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Sections 79035, 70937, 79038(a) and 79043, Water Code; and Sections 21000 et seq., Public Resources Code.
s 497.3. Program Management Process.
The Department selects, approves, funds, and monitors projects funded by grants under the program. The process of managing the program includes these steps:
(a) The Department shall appoint and maintain a Project Evaluation Team composed of Department staff and other consulting governmental agencies. The Department may request consultation with any appropriate government agency, including but not limited to the Department of Conservation, the Department of Fish and Game, the Department of Food and Agriculture, the Office of Emergency Services, and the CALFED Bay-Delta Program.
(b) Local public agencies or nonprofit organizations qualified under Section 497.4 may apply for program grants for projects at such times as the Department may designate. Applications for proposed projects shall be submitted in response to a solicitation issued by the Department. As long as uncommitted funds remain available to fund new projects, the Department shall solicit proposals at least once per calendar year. The time period for submitting applications shall be 90 days from the date notice is given by the Department that project proposals are being solicited. Notices shall be provided to cities, counties, flood control districts, reclamation districts, and other local government entities that manage flood plains and flood control projects. The Department will also provide notice to nonprofit organizations with interest in flood management issues, and shall send notice to all individuals and organizations that have requested notice of the opportunity to submit applications. Notices may be given by mail, electronic mail, website posting, or any other method that provides easy access and prompt availability. Projects shall meet the requirements of Section 497.5. Applications shall meet the requirements of Section 497.7.
(c) The Project Evaluation Team shall review each application and evaluate the subject project within 60 days of the close of the specified submittal period, or within 60 days of receipt of requested additional information, whichever is later.
(d) The Project Evaluation Team shall notify the Department to request the applicant to provide additional information within 30 days of the Department's request if:
(1) The project appears potentially eligible but is missing information needed to evaluate the merits of the project, or
(2) Additional information is needed to evaluate the merits of the project in comparison to others received.
(e) If the requested additional information cannot be provided in 30 days, the applicant may refile its application with the additional information at the Department's next solicitation of proposals.
(f) When a proposal that meets minimum qualifications is complete and all requested additional information has been supplied, the Project Evaluation Team shall complete the evaluation of the project including recommending its place on a priority list as described in Section 497.6.
(g) After each solicitation of proposals, Department staff, using the evaluations and recommended priorities of the Project Evaluation Team, shall recommend projects, priority, and amounts per project to be funded and submit the recommendations to the Director for approval of the priority lists. Department staff may recommend:
(1) Allocating any portion of the available funds to projects managed and funded directly by the Department.
(2) Allocating any or all of the remaining available funds to grants for projects on the A List, until all A List projects are fully funded.
(3) Allocating the remaining available funds to grants for projects on the B List, provided all A List projects are fully funded.
(4) Allocating partial funding to one or more of the projects on the priority list currently being funded.
(h) Department staff will apply a maximum funding guideline of $5,000,000 per project in its recommendations to the Director, although the staff may recommend funding above the guideline and the Director may increase the amounts for individual projects if necessary to achieve the goals of the program.
(i) The Director will determine the final content and priority order of the lists and the amount of funding for each project. The total funding of all projects on the Director-approved priority lists may be less than or more than the funding available.
(j) If the total funding for all projects on the Director-approved priority lists is less than available funds, staff will wait until the next solicitation of proposals to resubmit unfunded projects or submit new projects to the Director for listing.
(k) After the establishment of satisfactory Director-approved priority lists, the Department shall hold public hearings, if required by Section 497.8 or the Department deems advisable, on the projects to be funded. After consideration of the results of the public hearing, if the unfunded project first in priority order still meets the requirements of Section 497.5, if program funds remain, and if the applicant desires to pursue the project, Department staff will recommend the Director award a grant to the applicant. When the Director approves grant funding for the project, the applicant becomes the project sponsor.
(l) Prior to expending any funds, the Department and the sponsor shall enter into a grant contract as specified in Section 497.9.
(m) Grant funds will be disbursed as provided in the contract to reimburse costs incurred by the sponsor, but not for the following:
(1) Project activities that could affect the environment, until the sponsor complies with all applicable requirements of CEQA and other environmental laws, and
(2) Project activities requiring permits, until the permits are obtained.
(3) Property rights for which the public hearing required in Section 497.8 has not been held.
(n) The Department may withhold up to 10 percent of each disbursement, as specified in the contract, to ensure completion of the project.
(o) When the project is completed to the satisfaction of the Department and the sponsor has provided a completion report as described in Section 497.10 and a maintenance plan as described in Section 497.11, the Department will notify the sponsor that the project is accepted and will pay any withheld funds.
(p) The sponsor shall provide for permanent maintenance of the project until the Department determines that maintenance is no longer necessary. The Department will monitor and enforce project maintenance as described in Section 497.11.
(q) In rare cases, the need for project maintenance may end. The sponsor may present evidence in writing that maintenance will no longer be necessary after a certain date or after certain conditions occur. The Department, at its sole discretion, may determine in advance that maintenance will no longer be necessary after the specified date or after the occurrence of the specified conditions.
(r) If the Department determines that maintenance is now no longer necessary or will no longer be necessary after a certain future date, the sponsor after such determination or such future date, whichever is applicable, shall return to the State the principal and unused proceeds of any maintenance trust funds originating from a grant under this program.
Note: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Sections 79038(a), 79042, 79044(a) and 79044(b), Water Code; and California Code of Regulations, Title 1, Section 15004(b).
s 497.4. Qualifications of Applicants; Disbursement of Program Funds.
(a) An applicant for grant funds for a project may be a local public agency, a nonprofit organization, or an organization representing more than one local public agency or nonprofit organization. On approval of the application and granting of funds, such organization may remain a sponsor, or may transfer such approval to another eligible organization to sponsor the project, subject to concurrence from the Department.
(b) The Department may perform projects using program funds, or may transfer program funds to other State agencies to perform projects pursuant to an interagency agreement.
(c) The Department may participate with local agencies, nonprofit organizations, other State agencies, and federal agencies in performing projects. The Department shall not award grants to participants in such projects, but shall contribute program funds directly for payment of its share of the costs.
Note: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Section 79037(a), Water Code.
s 497.5. Eligible Projects and Priorities for Grant Funding.
(a) Grant funding will be available for projects that:
(1) Meet or will meet statutory requirements, as follows:
(A) The California Conservation Corps or community conservation corps is used when feasible (Water Code Section 79038(b)).
(B) No proposed acquisitions of property interests for the purpose of protecting or enhancing flood protection corridors while preserving or enhancing agricultural use are fee interests unless the Department has considered all practical alternatives (Water Code Section 79039(a)).
(C) All proposed acquisitions of property interests are from willing sellers (Water Code Section 79040).
(D) If the project includes acquisitions of property interests, it also includes a plan to minimize the impact on adjacent landowners (Water Code Section 79041).
(E) If the project includes acquisitions of property interests, a public hearing has been held or will be held before acquiring the property interest (Water Code Section 79042).
(F) The applicant certifies that it can maintain the project, using a trust fund established with grant funds if necessary (Water Code Section 79044).
(2) Are designed to do one or more of the following (Water Code Section 79037(b)):
(A) Acquire property interests to protect or enhance a flood protection corridor or floodplain while preserving or enhancing agricultural use.
(B) Set back existing levees and strengthen or modify related levees.
(C) Acquire property interests in a floodplain that cannot reasonably be protected from floods.
(D) Acquire property interests to protect or enhance a flood protection corridor while preserving or enhancing wildlife value.
(3) Are located at least partially in one or more of the following:
(A) A FEMA Special Flood Hazard Area.
(B) An area that would be inundated if the project were completed and an adjacent FEMA Special Flood Hazard Area were inundated.
(C) A floodway designated by The Reclamation Board under Water Code Section 8402(f).
(D) An area below the elevation of the 100-year recurring flood, shown on a locally adopted base flood elevation map based on a hydrologic and hydraulic analysis prepared by a civil engineer registered pursuant to California law or a Professional Hydrologist-Surface Water certified by the American Institute of Hydrology.
(E) An area demonstrated to the satisfaction of the Department of Water Resources to be hydrologically equivalent to one of those described in Subparagraphs (A), (B), or (D).
(b) Highest priority under the program will be given to projects that meet the requirements of Subsection (a), that the Department has given high priority for purposes of flood protection, and that:
(1) The Department of Conservation has given high priority for purposes of preserving agricultural land under the California Farmland Conservancy Program, or
(2) The Department of Fish and Game has given high priority for purposes of wildlife habitat protection or restoration.
Note: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Sections 8402(f), 79037(b), 79038(b), 79039(a), 79040, 79041, 79042, 79044(a) and 79044(b), Water Code.
s 497.6. Priority Lists and Criteria for Setting Project Priority.
(a) The Department shall establish two priority lists of projects after each solicitation of proposals. The preferred list (A List) will contain those projects qualifying for highest priority in Section 497.5(b), and the reserve list (B List) all other projects qualified under Section 497.5(a). Within those lists, the Department will prioritize projects on a project value derived from a numeric evaluation of applications as set forth in the grant application form.
(b) To assist in evaluating individual project applications, the Department may consult with the applicant, interested stakeholders, local agencies, State agencies or federal agencies with an interest in or jurisdiction over any of the items listed in Subsection (c).
(c) In establishing the project value, the Department will consider the criteria in Sections IV, V and VI of the grant application form, giving approximately equal weight to each section.
Note: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Section 79038(a), Water Code.
s 497.7. Application for Grant Funding.
Applicants for grant funding under the program shall file a complete grant application with the Department including a grant application form. The Department shall not revise the grant application form during any period in which project proposals are being solicited. A complete application shall contain the completed grant application form and at least the following information:
(a) A description of the proposed project including:
(1) A statement of the problem being addressed.
(2) A discussion of the ways that the project addresses the problem and satisfies the purposes described in Section 497.5(a)(2).
(3) A description of the project approach.
(4) A discussion of the expected outcome and benefits of the project.
(5) A description of the geographic boundaries of the project.
(6) Verification that the project is located at least partially in one of the qualifying areas listed in Section 497.5(a)(3).
(7) A description and justification of any proposed use of program funds for flood control system or water system repairs performed as part of an easement program or a project developed or financed under the program (Water Code Section 79043).
(8) A demonstration that the project is technically feasible.
(9) A hydrologic and hydraulic analysis prepared by a civil engineer registered pursuant to California law or a Professional Hydrologist-Surface Water certified by the American Institute of Hydrology.
(10) A complete initial study environmental checklist as required by Section 15063(f), Title 14, California Code of Regulations, and if available, a completed Environmental Impact Report or other environmental documentation as required by CEQA.
(11) A list of required permits for the project and an implementation plan for their procurement.
(b) Maps and drawings as necessary to describe the project, including:
(1) A vicinity map.
(2) A map indicating location of project features and boundaries of affected property.
(3) Drawings or sketches of project features as necessary to describe them.
(c) A financial summary including:
(1) The estimated cost of the project broken down by task.
(2) The estimated flood control benefits of the project.
(3) The amount of the grant requested.
(4) The estimated amount to be funded by the applicant.
(5) Identification of any other parties contributing to the cost, and the amounts and activities to be funded by them.
(d) A summary of proposed property acquisition rights including:
(1) Identification of each property.
(2) Names, addresses and telephone numbers of the property owners and lessees or tenants.
(3) The type of property rights to be acquired (such as easement or fee title).
(4) Evidence that affected landowners are willing participants in any proposed real property transactions.
(5) A justification of any proposed acquisition of fee interest in property to protect or enhance a flood protection corridor or floodplain while preserving or enhancing agricultural use (Water Code Section 79037(b)(1)) which includes:
(A) Reason for the fee title acquisition.
(B) Alternatives considered to fee title acquisition for each property.
(C) Proposed final disposition of the property.
(D) Effect on county property tax revenue.
(e) A tentative work plan for the project including:
(1) A timetable for execution of the project.
(2) A task breakdown for the project.
(3) A description of how services of the California Conservation Corps, or local community conservation corps will be used in the project.
(f) A list of names and addresses of owners of all property interests in parcels adjacent to those for which acquisition of property rights is proposed.
(g) If property rights are to be acquired for the project, or if a need is indicated in environmental review documentation prepared for the project pursuant to CEQA, a plan to minimize the impact of the project on adjacent property owners, including but not limited to the following (Water Code Section 79041):
(1) An evaluation of the impact on floodwaters.
(2) The structural integrity of affected levees.
(3) Diversion facilities.
(4) Current and historic agricultural practices on the project site and in the vicinity.
(5) Timber extraction operations.
(6) An evaluation with regard to maintenance.
(h) A description of the input and participation that local groups and affected parties provided in the preparation of the work plan and application.
(i) A statement relative to the use of a trust fund for maintenance, or any proposed alternative, as specified in Water Code Section 79044.
(j) Either or both of the following, depending on applicability:
(1) An analysis of the project benefits to wildlife habitat.
(2) A description of project actions to preserve agricultural land.
(k) A statement of qualifications for the project team.
(l) A written statement by an attorney certifying that the applicant is authorized to enter into a grant agreement with the State of California.
Note: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Sections 79037(b), 79038(b), 79039(a), 79040, 79041, 79043, 79044(a) and 79044(b), Water Code; Sections 21000 et seq., Public Resources Code; and California Code of Regulations, Title 14, Section 15063(f).
s 497.8. Public Hearings.
Public hearings for projects shall conform to the following:
(a) The Department shall hold public hearings for all projects requiring acquisition of property rights, prior to acquisition of those rights, and may hold public hearings for other projects as it deems advisable.
(b) Hearings shall be held in the county or one of the counties where the project is located. If all or a portion of the project is in a municipality, the hearing shall be held in the municipality or one of the municipalities where the project is located.
(c) The Department shall give notice of the hearing in accordance with the following:
(1) Notice shall be given by mail at least 10 days before the hearing to the Board of Supervisors of the affected county or counties, adjacent landowners, affected water districts, local municipalities, individuals and organizations that have requested notice, and other interested parties as determined by the Department.
(2) Notice of the hearing shall be given to the general public by publication in at least one newspaper of general circulation in the local community for at least once a week for two successive weeks.
(3) The notice shall set the time and place of the hearing which shall be not less than 10 days following the completion of publication. The notice shall state that the purpose of the hearing is to inform and obtain comment from the public on the proposed acquisition of property rights for the project or projects. The notice may include other specific subjects pertaining to the project.
(4) Additionally, notice may be circulated by electronic mail, web site posting or other methods that provide easy access and prompt availability.
(d) Any owner of land in or adjacent to the project or other interested person may offer and the Department shall receive any relevant evidence or testimony concerning the proposed property acquisitions or other subject specified in the hearing notice or by the hearing officer.
(e) The Department shall prepare a summary of comments made at the hearing.
(f) Within 30 working days after the public hearing, the Department shall make the summary of comments available.
Note: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Section 79042, Water Code.
s 497.9. Grant Contract Requirements.
(a) Before the Department will enter into a grant contract, the sponsor shall develop a work plan satisfactory to the Department. To assist the sponsor to develop a work plan, the Department may visit the project site to assess its conditions and needs and may confer with the project sponsor, project supporters, and other local officials, agencies, and organizations with an interest in the project. The Department may convey recommendations and information obtained from these efforts to the sponsor. The work plan shall reflect the specific schedule and components of the project. The sponsor may revise the work plan from time to time during project execution with the approval of the Department.
(b) The project sponsor, and all members of a joint sponsoring organization, shall provide copies of resolutions from their organizations accepting the grant and authorizing specific individuals to sign the contract on behalf of each.
(c) The Department may enter into a contract before the sponsor has obtained all applicable permits, but may not disburse any funds to be used for project construction until the sponsor has complied with all applicable federal, State, and local laws, rules and regulations, and obtained all required permits,
(d) If a contract is not signed within six months of the date the grant is awarded, the grant may be withdrawn.
(e) All contracts shall be signed by the sponsor, and, if the sponsor is a joint sponsoring organization, all the member organizations. If the sponsor is a nonprofit organization that is not incorporated, it must designate a fiscal agent satisfactory to the Department to act on its behalf, and provide evidence that the fiscal agent agrees to so act.
(f) The contract shall require the sponsor to make a progress report to the Department, as described in Section 497.10, as a prerequisite to each grant disbursement. The Department will monitor progress and may withhold up to 100 percent of the currently requested grant payment if progress is not satisfactory.
(g) The contract shall require the sponsor to submit a written completion report as described in Section 497.10.
(h) The contract shall provide that during planning and construction the Department may inspect the project at any reasonable time to ensure it is being carried out in accordance with the work plan, and after completion to ensure that it is being properly maintained.
(i) The contract shall specify the percentage of each payment, not to exceed 10 percent, to be withheld to ensure completion of the project.
(j) The contract shall either define project completion milestones, at which time payment of grant funds will be made for completed work, or state that payment will be made quarterly in arrears upon receipt of invoices.
(k) The contract shall require the sponsor to prepare a maintenance plan as described in Section 497.11.
(l) The contract shall provide, but not be limited to the following:
(1) The sponsor will assure that the project will be operated, maintained, repaired, replaced and rehabilitated until the Department determines that it is no longer necessary.
(2) The sponsor will perform the maintenance with its own forces, or will employ another agency or organization satisfactory to the Department.
(3) The sponsor will control encroachments on the project facilities and properties, whether unauthorized or permitted, and will not permit any encroachments that will adversely affect the function or maintenance of the project facilities and properties.
(4) The Department shall have access at all times to monitor the effectiveness of maintenance of the completed facilities and the properties for which interests were purchased.
(5) If the Department deems maintenance measures, repairs, replacements or rehabilitation necessary, and the sponsor does not, in the opinion of the Department, provide these services promptly, the Department may upon 30 days' written notice enter upon the property and perform the required work, and bill the sponsor and the sponsor will pay the cost of any work so performed.
(6) The sponsor will hold and save the State free and harmless from any and all claims or damages arising out of or in connection with the planning, design, construction, operation, maintenance, repair, replacement, or rehabilitation of the project facilities and properties.
Note: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Section 79044(a), Water Code.
s 497.10. Progress Reports.
(a) The sponsor shall submit project progress reports to the Department that include the following:
(1) Records of expenditures.
(2) Description of project activities since the previous report.
(3) Status of the project relative to the progress schedule.
(4) Key issues that must be resolved.
(5) Results of project monitoring.
(b) The first progress report shall be made three months after contract award or upon submittal of the first invoice, whichever comes first.
(c) Intermediate progress reports shall be made quarterly or upon reaching a milestone, whichever the contract requires.
(d) The sponsor shall submit a completion report that shall constitute the final progress report and must include:
(1) All items required in Subsections (a)(1) through (a)(3).
(2) Photographs of the before-project condition.
(3) Photographs of planning and restoration activities and techniques.
(4) Photographs of the completed condition.
Note: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Sections 79037 and 79043, Water Code.
s 497.11. Maintenance Plan.
The sponsor shall provide a maintenance plan satisfactory to the Department that shall include:
(a) A description of the facilities and properties to be maintained.
(b) The name of the maintaining agency.
(c) A description of periodic maintenance activities that will be performed, and the frequency and timing of performance.
(d) A statement about the source of funds for the maintenance. If a trust fund is established for maintenance under the provisions of Water Code Section 79044, the statement shall include information about the expected sufficiency of the trust fund proceeds and the need for and source of additional funding.
(e) A certification under penalty of perjury that the sponsor can pay for maintenance of the land to be acquired and the project facilities from funds available to the sponsor, including any trust fund proceeds.
(f) A provision requiring the sponsor to provide annual pictorial reports to the Department each year between July 1 and July 15, describing the maintenance activities performed during the year and any maintenance problems that currently exist.
(g) A provision that the sponsor assures that the maintenance measures or repairs that the Department deems necessary will be promptly taken or made.
Note: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Sections 79044(a) and 79044(b), Water Code.
s 497.12. Audits and Record Keeping.
(a) All sponsor records and documents pertaining to the grant shall be maintained by the sponsor until three years after the final payment of grant funds is made.
(b) All sponsor records and documents pertinent to the grant shall be available for inspection and audit by the Department or the State Auditor during normal business hours.
(c) The Department or the State Auditor may audit the records of the project at any time within three years after final payment of grant funds.
Note: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Sections 79037 and 79044(a), Water Code.
s 499.1. Scope.
(a) These regulations implement Article 8 of Chapter 5 of Division 26 of the Water Code, which is the Yuba Feather Flood Protection Program of the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act of 2000. They establish a process for funding feasibility studies and designs for flood protection projects that may be implemented by local public entities under the Yuba Feather Flood Protection Program.
(b) Administrative costs of not more than 5 percent of the total amount deposited in the subaccount for this program as set forth in Water Code section 79068.18 shall be allocated to the Department of Finance for the purpose of issuing bonds and auditing the program.
(c) Department of Water Resources costs for administering this program shall also be funded by the subaccount, but are not included in the amount set forth in section 79068.18.
Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 79068.6 and 79068.18, Water Code; and 2000 Cal. Stat. Ch. 52, Item No. 3860-101-6010.
s 499.2. Definitions.
The words used in these regulations have the meanings set forth as follows:
(a) "Applicant" means a local public entity which has legal authority and jurisdiction to implement flood control programs in the geographic area of consideration and files an application for funding under the provisions of the Bond Law.
(b) "Bond Law" means the Yuba Feather Flood Protection Program of the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act, as set forth in Article 8 of Chapter 5 of Division 26 of the Water Code (commencing with section 79068).
(c) "Department" means the California Department of Water Resources.
(d) "CEQA" means the California Environmental Quality Act.
(e) "Design" means all activities following a feasibility study leading to physical definition of the project in sufficient detail to facilitate project implementation.
(f) "Economic feasibility" is determined by calculating the ratio of economic benefits to economic costs for a given alternative. A project is "economically feasible" when this ratio is greater than or equal to one.
(g) "Eligible study cost" means the cost of a reimbursable activity associated with feasibility studies incurred by a local public entity.
(h) "Eligible design cost" means the cost of a reimbursable activity associated with design incurred by a local public entity.
(i) "Feasibility study" means an investigation resulting in a report that provides the information for design and implementation of a project, and demonstrates whether the described approach is economically and technically feasible and appropriate for implementation. (continued)