California Water Code

§ 8708

WAT § 8708 Effective Jan 1, 2014Div. 5 · Part 4 · Ch. 3 · Art. 6

Statute text

(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.

Legislative history

Repealed and added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.