Cal. Water Code § 8708
Enforcement of Unauthorized Activities and Encroachments
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2013
As of January 1, 2011
Whenever assurances shall have been given to the Secretary of War pursuant to Article 2 of Chapter 3 of this part, that the State will maintain and operate works after completion in accordance with regulations prescribed by the Secretary of War, it is unlawful for any person or public agency to in anywise interfere with or obstruct the performance of the maintenance or operation of such works, including, but not limited to, the encroachment upon any land, or right of way or easement thereon, acquired by the board for the maintenance or operation of any levee or other such works.
(a) Nothing in this article shall be construed to prevent the department, the board, the executive officer, or a levee-maintaining agency from taking any action to prevent an imminent failure of a levee, channel, floodway, stream bank, or flood control feature, or other emergency action necessary to protect the public welfare.
(b) To the extent emergency action is required that involves the removal, modification, or abatement of an encroachment, flood system improvement, or activity maintained by an individual or public agency, the individual or public agency may request a hearing before the board within 30 days after the action has been commenced.
(c) After a public hearing, by request or by its own motion, the entity that has carried out the abatement functions pursuant to this section may seek reimbursement of its abatement costs and may pursue any legal remedies available to recover its costs, including imposing a lien pursuant to Section 8704.2.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.