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The State Water Project,The State Water Project,Unauthorized Unauthorized
EncroachmentsEncroachmentsand theand the
California Water Code California Water Code
State of CaliforniaState of CaliforniaDepartment of Water ResourcesDepartment of Water ResourcesDivision of Operation and MaintenanceDivision of Operation and MaintenanceMaria Chin Maria Chin
The State Water Project
Planned, designed, built, operated and maintained by the California Department of Water Resources, the SWP is the largest state-built multipurpose water project in the U.S.
It is a water delivery system of 30 storage facilities, 20 pumping plants, 3 pumping-generating plants, 6 hydroelectric power plants, and approximately 700 miles of canals and pipelines.
SWP Facilities in the
North Bay Area
The North Bay Aqueduct
The underground pipeline extends approximately 27.6 miles from Barker Slough in the Delta to the Napa Turnout Reservoir.
This pipeline provides supplemental water supplies to Napa and Solano Counties.
Some of the communities served are Fairfield, Suisun City, Vacaville, Benicia, Vallejo, and the City of Napa.
Unauthorized Encroachments Unauthorized Encroachments and Unlawful Acts and Unlawful Acts
Unauthorized Encroachment:Unauthorized Encroachment: Any alteration, Any alteration, improvement, encroachment, or excavation performed improvement, encroachment, or excavation performed within the State Water Project without prior written within the State Water Project without prior written permission from the Department of Water Resources. permission from the Department of Water Resources. Persons doing so can be found guilty of a Persons doing so can be found guilty of a misdemeanor. misdemeanor.
Unlawful acts:Unlawful acts: No person may drain water; obstruct No person may drain water; obstruct any natural watercourse; or store or distribute water any natural watercourse; or store or distribute water for any purpose which interferes with or causes for any purpose which interferes with or causes damage to the State Water Project or its operation.damage to the State Water Project or its operation.
Trees – prevent full access to SWP facilities and tree Trees – prevent full access to SWP facilities and tree roots damage pipelines and casingroots damage pipelines and casing
Roots in Pipe BeddingRoots in Pipe Bedding
Roots wrapped around the Roots wrapped around the PipelinePipeline
Stockpiled Material - overburden the Stockpiled Material - overburden the pipelinepipeline
Fences and undersized gates - prevent full access to Fences and undersized gates - prevent full access to SWP facilities for security and maintenance SWP facilities for security and maintenance
purposespurposes
Metal Building – structures prevent full access to SWP facilities for Metal Building – structures prevent full access to SWP facilities for security and maintenance purposes, and are a threat to the public security and maintenance purposes, and are a threat to the public
safetysafety
School playground, cyclone fence, brick wall- inhibits School playground, cyclone fence, brick wall- inhibits maintenance and repair of SWP pipeline and is a threat to maintenance and repair of SWP pipeline and is a threat to
public safety.public safety.
SWP Dewatering FacilitiesSWP Dewatering Facilities
Hydrology studies and design plans for proposed projects Hydrology studies and design plans for proposed projects adjacent to the SWP should address all drainage issues adjacent to the SWP should address all drainage issues including the potential flows from SWP dewatering facilities.including the potential flows from SWP dewatering facilities.
SWP Dewatering SWP Dewatering
Detention Basins adjacent to SWP canal facilities
Hydrology studies and design plans for detention basins should address all drainage issues and direct drainage into SWP cross drainage structures when appropriate.
Canal Embankment
Canal Embankment
Right of Way Fence Line
Draining water onto SWP right of way damages roads and embankments is not only damaging to SWP facilities, but can also result in damage to adjoining land owners.
A clear right of way zone is an important A clear right of way zone is an important and necessary component of SWP and necessary component of SWP
operation and repair.operation and repair.
It reduces the cost of inspection and operation. It reduces the cost of inspection and operation. It allows the unencumbered use of dedicated right It allows the unencumbered use of dedicated right
of way and access during operations and repairs. of way and access during operations and repairs. It protects the water quality.It protects the water quality. It provides security to personnel and facilities.It provides security to personnel and facilities. It ensures public safety by allowing the safe It ensures public safety by allowing the safe
operation of facilities.operation of facilities.
SWP Pipeline Construction Work AreaSWP Pipeline Construction Work Area
Exposed Pipeline for Repair Exposed Pipeline for Repair
Exposed Pipeline for Repair Exposed Pipeline for Repair
Water Code Water Code 1289912899
Statutory Statutory AuthorityAuthority
Section 12899.1Section 12899.1
GENERAL RULE: No person shall GENERAL RULE: No person shall make any alteration, improvement, make any alteration, improvement, encroachment, or excavation within encroachment, or excavation within an SWP right-of-way without written an SWP right-of-way without written permission from DWR.permission from DWR.
PENALTY: Any person who violates PENALTY: Any person who violates this section is guilty of a this section is guilty of a misdemeanor.misdemeanor.
Section 12899.5: Section 12899.5: UNAUTHORIZED UNAUTHORIZED
ENCROACHMENTSENCROACHMENTS
GENERAL RULE: GENERAL RULE: If any encroachment If any encroachment exists within DWR’s right-of-way, DWR exists within DWR’s right-of-way, DWR may require its removal.may require its removal.
Except in cases of emergency, DWR Except in cases of emergency, DWR must issue and serve a notice to the must issue and serve a notice to the owner describing the unauthorized owner describing the unauthorized encroachment.encroachment.
Section 12899.5: Section 12899.5:
UNAUTHORIZED UNAUTHORIZED ENCROACHMENTSENCROACHMENTS
If DWR removes any encroachment If DWR removes any encroachment because the owner fails to comply with the because the owner fails to comply with the notice for its removal, DWR may recover:notice for its removal, DWR may recover: The expense of the removal; The expense of the removal; Costs and expenses of suit, including attorneys Costs and expenses of suit, including attorneys
fees; fees; $1000 for each day the encroachment remains $1000 for each day the encroachment remains
after the expiration date of the notice.after the expiration date of the notice.
Section 12899.6:Section 12899.6: UNLAWFUL ACTSUNLAWFUL ACTS
Unless allowed authorized by permit or agreement, no person Unless allowed authorized by permit or agreement, no person may:may:
Drain water or permit water to be drained onto SWP right-of-way Drain water or permit water to be drained onto SWP right-of-way which results in damage to SWP; orwhich results in damage to SWP; or
Obstruct any natural watercourse in a way that:Obstruct any natural watercourse in a way that: Prevents, impedes, or restricts the natural flow of waters from Prevents, impedes, or restricts the natural flow of waters from
any portion of DWR’s right-of-way into and through the any portion of DWR’s right-of-way into and through the watercourse or SWP cross drainage structures unless other watercourse or SWP cross drainage structures unless other adequate and proper drainage is provided;adequate and proper drainage is provided;
Causes waters to be impounded that damage SWP; orCauses waters to be impounded that damage SWP; or Causes interference with, or damages or make hazardous Causes interference with, or damages or make hazardous
operation, maintenance, and rehabilitation of SWP; oroperation, maintenance, and rehabilitation of SWP; or Store or distribute water for any purpose so as to permit the water Store or distribute water for any purpose so as to permit the water
to overflow onto, causing damage to, or to obstruct or damage to overflow onto, causing damage to, or to obstruct or damage SWP.SWP.
Section 12899.6:Section 12899.6: UNLAWFUL ACTSUNLAWFUL ACTS
If the person fails to cease and discontinue the If the person fails to cease and discontinue the drainage or diversion or to pay for the repairs drainage or diversion or to pay for the repairs after receiving notice from DWR:after receiving notice from DWR: DWR may make repairs and perform work; and DWR may make repairs and perform work; and May sue to recover:May sue to recover:
Expenses for repairs Expenses for repairs $1000 each day the problem continued after the $1000 each day the problem continued after the
notice was servednotice was served Costs of suit and attorneys feesCosts of suit and attorneys fees
