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2005 California Public Resources Code Sections 5093.50-5093.70 CHAPTER 1.4. CALIFORNIA WILD AND SCENIC RIVERS ACT
PUBLIC RESOURCES CODESECTION 5093.50-5093.70
5093.50. It is the policy of the State of California that certain
rivers which possess extraordinary scenic, recreational, fishery, or
wildlife values shall be preserved in their free-flowing state,
together with their immediate environments, for the benefit and
enjoyment of the people of the state. The Legislature declares that
such use of these rivers is the highest and most beneficial use and
is a reasonable and beneficial use of water within the meaning of
Section 2 of Article X of the California Constitution. It is the
purpose of this chapter to create a California Wild and Scenic Rivers
System to be administered in accordance with the provisions of this
chapter.
5093.51. This chapter shall be known as the California Wild and
Scenic Rivers Act.
5093.52. As used in this chapter, the following terms have the
following meaning:
(a) "Secretary" means the Secretary of the Resources Agency.
(b) "Resources Agency" means the Secretary of the Resources Agency
and any constituent units of the Resources Agency that the secretary
determines to be necessary to accomplish the purposes of this
chapter.
(c) "River" means the water, bed, and shoreline of rivers,
streams, channels, lakes, bays, estuaries, marshes, wetlands, and
lagoons, up to the first line of permanently established riparian
vegetation.
(d) "Free-flowing" means existing or flowing without artificial
impoundment, diversion, or other modification of the river. The
presence of low dams, diversion works, and other minor structures
does not automatically bar a river's inclusion within the system.
However, this subdivision does not authorize or encourage future
construction of those structures on any component of the system.
(e) "System" means the California Wild and Scenic Rivers System.
(f) "Land use regulation" means the regulation by any state or
local governmental entity, agency, or official of any activities that
take place other than directly on the waters of the segments of the
rivers designated in Section 5093.54.
(g) "Director" means the Director of Fish and Game.
(h) "Immediate environments" means the land immediately adjacent
to the segments of the rivers designated in Section 5093.54.
(i) "Special treatment areas" means, for purposes of this chapter,
those areas defined as special treatment areas in Section 895.1 of
Title 14 of the California Code of Regulations, as in effect on
January 1, 2004, as that definition applies to wild and scenic river
segments designated from time to time in Section 5093.54, and also
includes areas within 200 feet of the watercourse transition line of
a state-designated recreational river segment designated in Section
5093.54 that may be at risk during timber operations.
(j) "Board" means the State Board of Forestry and Fire Protection.
5093.53. Those rivers or segments of rivers included in the system
shall be classified as one of the following:
(a) Wild rivers, which are those rivers or segments of rivers that
are free of impoundments and generally inaccessible except by trail,
with watersheds or shorelines essentially primitive and waters
unpolluted.
(b) Scenic rivers, which are those rivers or segments of rivers
that are free of impoundments, with shorelines or watersheds still
largely primitive and shorelines largely undeveloped, but accessible
in places by roads.
(c) Recreational rivers, which are those rivers or segments of
rivers that are readily accessible by road or railroad, that may have
some development along their shorelines, and that may have undergone
some impoundment or diversion in the past.
5093.54. The following rivers and segments thereof are designated
as components of the system:
(a) Klamath River. The main stem from 100 yards below Iron Gate
Dam to the Pacific Ocean; the Scott River from the mouth of
Shackleford Creek west of Fort Jones to the river mouth near Hamburg;
the Salmon River from Cecilville Bridge to the river mouth near
Somesbar; the North Fork of the Salmon River from the intersection of
the river with the south boundary of the Marble Mountain Wilderness
Area to the river mouth; Wooley Creek from the western boundary of
the Marble Mountain Wilderness Area to its confluence with the Salmon
River.
(b) Trinity River. The main stem from 100 yards below Lewiston Dam
to the river mouth at Weitchpec; the North Fork of the Trinity from
the intersection of the river with the southern boundary of the
Salmon-Trinity Primitive Area downstream to the river mouth at
Helena; New River from the intersection of the river with the
southern boundary of the Salmon-Trinity Primitive Area downstream to
the river mouth near Burnt Ranch; South Fork of the Trinity from the
junction of the river with State Highway Route 36 to the river mouth
near Salver.
(c) Smith River. The main stem from the confluence of the Middle
and South Forks to its mouth at the Pacific Ocean; the Middle Fork
from its source about three miles south of Sanger Lake as depicted on
1956 USGS 15' "Preston Peak" topographic map to the middle of
Section 7 T17N R5E; the Middle Fork from the middle of Section 7 T17N
R5E to the middle of Section 6 T17N R5E; the Middle Fork from the
middle of Section 6 T17N R5E to one-half mile upstream from the
confluence with Knopki Creek; the Middle Fork from one-half mile
upstream from the confluence with Knopki Creek to the confluence with
the South Fork; Myrtle Creek from its source in Section 9 T17N R1E
as depicted on 1952 USGS 15' "Crescent City" topographic map to the
middle of Section 28 T17N R1E; Myrtle Creek, from the middle of
Section 28 T17N R1E to the confluence with the Middle Fork; Shelly
Creek from its source in Section 1 T18N R3E as depicted on 1951 USGS
15'"Gasquet" topographic map to the confluence with Patrick Creek;
Kelly Creek from its source in Section 32 T17N R3E as depicted on
1951 USGS 15' "Gasquet" topographic map to the confluence with the
Middle Fork; Packsaddle Creek from its source about 0.8 miles
southwest of Broken Rib Mountain as depicted on 1956 USGS 15'
"Preston Peak" topographic map to the eastern boundary of Section 3
T17N R1E; Packsaddle Creek from the eastern boundary of Section 3
T17N R4E to the northern boundary of Section 3 T17N R4E; Packsaddle
Creek from the northern boundary of Section 3 T17N R4E to the
confluence with the Middle Fork; East Fork Patrick Creek from its
source in Section 10 T18N R3E as depicted on 1951 USGS 15' "Gasquet"
topographic map to the confluence with West Fork Patrick Creek; West
Fork Patrick Creek from its source in Section 18 T18N R3E as depicted
on 1951 15' "Gasquet" topographic map to the confluence with East
Fork Patrick Creek; Griffin Creek from its source about 0.2 miles
southwest of Hazel View Summit as depicted on 1956 USGS 15'N "Preston
Peak" topographic map to the confluence with the Middle Fork; Knopki
Creek from its source about 0.4 miles west of Sanger Peak as
depicted on 1956 USGS 15' "Preston Peak" topographic map to the
confluence with Middle Fork; Monkey Creek from its source in the
northeast quadrant of Section 12 T18N R3E as depicted on 1951 USGS 15'
"Gasquet" topographic map to the northern boundary of Section 26
T18N R3E; Monkey Creek from the northern boundary of Section 26 T18N
R3E to the confluence with the Middle Fork; Patrick Creek from the
junction of the East and West Forks of Patrick Creek to the
confluence with Middle Fork; the North Fork from the
California-Oregon boundary to the confluence with an unnamed
tributary in the northern quarter Section 5 T18N R2E as depicted on
1951 USGS 15' "Gasquet" topographic map; the North Fork from the
confluence with an unnamed tributary in northern quarter of Section 5
T18N R2E to the southernmost intersection of eastern boundary
Section 5 T18N R2E as depicted on 1951 USGS 15' "Gasquet" topographic
map; the North Fork from the southern-most intersection of the
eastern boundary Section 5 T18N R2E as depicted on 1951 USGS 15'
"Gasquet" topographic map to the confluence with Stony Creek; the
North Fork from the confluence with Stony Creek to the confluence
with the Middle Fork; Diamond Creek from the California-Oregon state
boundary to the confluence with High Plateau Creek; Diamond Creek
from the confluence with High Plateau Creek to the confluence with
the North Fork; Bear Creek from its source in Section 24 T18N R2E as
depicted on 1951 USGS 15' "Gasquet" topographic map to the confluence
with Diamond Creek; Still Creek from its source in Section 11 T18N
R1E as depicted on 1952 USGS 15' "Crescent City" topographic map to
the confluence with the North Fork Smith River; North Fork Diamond
Creek from the California-Oregon state boundary to the confluence
with Diamond Creek; High Plateau Creek from its source in Section 26
T18N R2E as depicted on 1951 USGS 15' "Gasquet" topographic map to
northern boundary Section 23 T18N R2E; High Plateau Creek from the
northern boundary Section 23 T18N R2E to the confluence with Diamond
Creek; the Siskiyou Fork from its source about 0.7 miles southeast of
Broken Rib Mountain as depicted on 1956 USGS 15' "Preston Peak"
topographic map to the confluence with the South Siskiyou Fork; the
Siskiyou Fork from its confluence with the South Siskiyou Fork to the
confluence with the Middle Fork; the South Siskiyou Fork from its
source about 0.6 miles southwest of Buck Lake as depicted on 1956
USGS 15' "Preston Peak" topographic map to the confluence with the
Siskiyou Fork; the South Fork from its source about 0.5 miles
southwest of Bear Mountain as depicted on 1956 USGS 15 ' "Preston
Peak" topographic map to Blackhawk Bar; the South Fork from Blackhawk
Bar to the confluence with the Middle Fork; Williams Creek from its
source in Section 31 T14N R4E as depicted on 1952 USGS 15' "Ship
Mountain" topographic map to the confluence with Eight Mile Creek;
Eight Mile Creek from its source in Section 29 T14N R4E as depicted
on 1955 USGS 15' "Dillon Mountain" topographic map to the confluence
with the South Fork; the Prescott Fork from its source about 0.5
miles southeast of Island Lake as depicted on 1955 USGS 15 ' "Dillon
Mountain" topographic map to the confluence with the South Fork;
Quartz Creek from its source in Section 31 T16N R4E as depicted on
1952 USGS 15' "Ship Mountain" topographic map to the confluence with
the South Fork; Jones Creek from its source in Section 36 T16N R3E as
depicted on 1952 USGS 15' "Ship Mountain" topographic map to the
middle of Section 5 T15N R3E; Jones Creek from the middle of Section
5 T15N R3E to the confluence with the South Fork; Hurdygurdy Creek
from its source about 0.4 miles southwest of Bear Basin Butte as
depicted on 1956 USGS 15' "Preston Peak" topographic map to the
confluence with the South Fork; Gordon Creek from its source in
Section 18 T16N R3E as depicted on 1951 USGS 15' "Gasquet"
topographic map to the confluence with the South Fork; Coon Creek
from the junction of the two-source tributaries in the southwest
quadrant of Section 31 T17N R3E as depicted on 1951 USGS 15' "Gasquet"
topographic map to the western boundary Section 14 T16N R2E; Coon
Creek from the western boundary Section 14 T16N R2E to the confluence
with the South Fork; Craigs Creek from its source in Section 36 T17N
R2E as depicted on 1951 USGS 15' "Gasquet" topographic map to the
confluence with the South Fork; Buck Creek from its source at Cedar
Camp Spring as depicted on 1952 USGS 15' "Ship Mountain" topographic
map to the confluence with the South Fork; Muzzleloader Creek from
its source in Section 2 T15N R3E as depicted on 1952 USGS 15' "Ship
Mountain" topographic map to the confluence with Jones Creek;
Canthook Creek from its source in Section 2 T15N R2E as depicted on
1952 USGS 15'N "Ship Mountain" topographic map to the confluence with
South Fork.
(d) Eel River. The main stem from 100 yards below Van Arsdale Dam
to the Pacific Ocean; the South Fork of the Eel from the mouth of
Section Four Creek near Branscomb to the river mouth below Weott;
Middle Fork of the Eel from the intersection of the river with the
southern boundary of the Middle Eel-Yolla Bolly Wilderness Area to
the river mouth at Dos Rios; North Fork of the Eel from the Old
Gilman Ranch downstream to the river mouth near Ramsey; Van Duzen
River from Dinsmores Bridge downstream to the river mouth near
Fortuna.
(e) American River. The North Fork from its source to the Iowa
Hill Bridge; the Lower American from Nimbus Dam to its junction with
the Sacramento River.
(f) (1) West Walker River. The main stem from its source to the
confluence with Rock Creek near the town of Walker; Leavitt Creek
from Leavitt Falls to the confluence with the main stem of the West
Walker River.
(2) Carson River. The East Fork from the Hangman's Bridge crossing
of State Highway Route 89 to the California-Nevada border.
(3) The Legislature finds and declares that, because the East Fork
Carson River and West Walker River are interstate streams, and a
source of agricultural water and domestic water for communities
within the counties of Alpine and Mono where they originate, it is
necessary that the following special provisions apply:
(A) Nothing in this subdivision shall be construed to prohibit the
replacement of diversions or changes in the purpose of use, place of
use, or point of diversion under existing water rights, except that
(i) no replacement or change shall operate to increase the adverse
effect, if any, of the preexisting diversion facility or place or
purpose of use, upon the free-flowing condition and natural character
of the stream, and (ii) after January 1, 1990, no new diversion
shall be constructed unless and until the secretary determines that
the facility is needed to supply domestic water to the residents of
any county through which the river or segment flows and that the
facility will not adversely affect the free-flowing condition and
natural character of the stream.
(B) Nothing in this chapter shall be construed as quantifying or
otherwise affecting any equitable apportionment, or as establishing
any upper limit, between the State of California and the State of
Nevada of the waters of these streams.
(g) (1) The South Yuba River: From Lang Crossing to its confluence
with Kentucky Creek below Bridgeport.
(2) Nothing in this subdivision shall prejudice, alter, delay,
interfere with, or affect in any way, the existing rights of the
Placer County Water Agency, the implementation of those rights; any
historic water use practices; the replacement, maintenance, repair,
operation, or future expansion of existing diversions, storage,
powerhouses, or conveyance facilities or other works by the Placer
County Water Agency; or changes in the purpose of use, places of use,
points of diversion, or ownership of those existing water rights;
nor shall anything in this subdivision preclude the issuance of any
governmental authorization needed for utilization of those rights,
except that no changes shall operate to increase the adverse effect,
if any, of the preexisting facilities or places, or the purposes of
use upon the free-flowing and natural character of the river segment
designated herein.
(3) This subdivision shall become operative on January 1, 2001.
(h) Albion River. The Albion River from one-fourth mile upstream
of its confluence with Deadman Gulch downstream to its mouth at the
Pacific Ocean.
(i) Gualala River. The main stem Gualala River from the confluence
of the North and South Forks to the Pacific Ocean.
(j) (1) Cache Creek from one-fourth mile below Cache Creek Dam to
Camp Haswell.
(2) North Fork Cache Creek from the Highway 20 bridge to the
confluence with the mainstem.
(3) The designation of Cache Creek under paragraphs (1) and (2)
shall not prejudice, alter, delay, interfere with, or affect in any
way, the existing water rights of the Yolo County Flood Control and
Water Conservation District, or public water agencies within the
Cache Creek watershed lying in the County of Lake, including the
range of operations permitted under these existing water rights; any
historic water use practices within existing water rights; or the
replacement, maintenance, repair, or future expansion within existing
water rights of existing diversion, storage, powerhouse, or
conveyance facilities or other works by the Yolo County Flood Control
and Water Conservation District or public water agencies within the
Cache Creek watershed lying in the County of Lake.
(4) The designation of Cache Creek under paragraphs (1) and (2)
shall not prejudice, alter, delay, interfere with, or affect any
changes to the existing water rights of the Yolo County Flood Control
and Water Conservation District, including changes to the purpose of
use, place of use, points of diversion, quantity of water diverted,
or ownership, or applications by the district for new water rights;
provided, that the changes or applications do not involve the
construction of a dam, reservoir, diversion, or other water
impoundment facility within the segments of Cache Creek designated in
paragraphs (1) and (2). Any such change or application shall be
subject to all applicable constitutional, statutory, and judicial
requirements, including the public trust doctrine.
(5) As the waters of the Cache Creek watershed are the sole source
of supply within that watershed for the County of Lake, the
designation of Cache Creek under paragraphs (1) and (2) shall not
prejudice, alter, delay, interfere with, or affect any changes to the
existing water rights of the public water agencies within the Cache
Creek watershed lying in the County of Lake, including changes to the
purpose of use, place of use, points of diversion, quantity of water
diverted, or ownership, or applications by these agencies for new
water rights; provided, that the changes or applications do not
involve the construction of a dam, reservoir, diversion, or other
water impoundment facility within the segments of Cache Creek
designated in paragraphs (1) and (2). Any such change or application
shall be subject to all applicable constitutional, statutory, and
judicial requirements, including the public trust doctrine.
(6) (A) The designation of Cache Creek under paragraphs (1) and
(2) shall not impair or affect in any way activities to manage or
remove invasive or nonnative plants and animal species.
(B) The designation of Cache Creek under paragraphs (1) and (2)
shall not impair or affect in any way activities to remediate mercury
pollution; provided, that this activity does not involve the
construction of a dam, reservoir, diversion, or other water
impoundment facility within the segments of Cache Creek designated in
paragraphs (1) and (2).
(7) (A) Neither the Governor nor an employee of a state agency or
department shall apply to a secretary, department, agency, or other
entity of the federal government for the designation of any portion
of Cache Creek as a component of the national wild and scenic rivers
system under the federal Wild and Scenic Rivers Act (16 U.S.C. Sec.
1271 et seq.).
(B) Neither the Governor nor an employee of a state agency or
department shall expend funds preparing, filing, or otherwise
submitting an application to a secretary, department, or other entity
of the federal government for the designation of any portion of
Cache Creek as a component of the national wild and scenic rivers
system under the federal Wild and Scenic Rivers Act (16 U.S.C. Sec.
1271 et seq.).
(8) To the extent that this subdivision conflicts with other
provisions of this chapter, this subdivision shall control.
(k) Other rivers which qualify for inclusion in the system may be
recommended to the Legislature by the secretary.
5093.541. (a) Notwithstanding the fact that the tributaries of the
Smith River specified in this subdivision are not included in the
system, no dam, reservoir, diversion, or other water impoundment
facility shall be constructed on any of the following tributaries of
the Smith River:
(1) Dominie Creek.
(2) Rowdy Creek.
(3) South Fork Rowdy Creek.
(4) Savoy Creek.
(5) Little Mill Creek.
(6) Bummer Lake Creek.
(7) East Fork Mill Creek.
(8) West Branch Mill Creek.
(9) Rock Creek.
(10) Goose Creek.
(11) East Fork Goose Creek.
(12) Mill Creek.
(b) All state agencies exercising powers under any other provision
of law with respect to the protection and restoration of fishery
resources shall continue to exercise those powers in a manner to
protect and restore fishery resources in the tributaries specified in
subdivision (a). In carrying out the provisions of this
subdivision, any exercise of powers shall be consistent with the
provisions of Section 5093.58.
5093.542. The Legislature finds and declares that the McCloud River
possesses extraordinary resources in that it supports one of the
finest wild trout fisheries in the state. Portions of the river have
been appropriately designated by the Fish and Game Commission,
pursuant to Chapter 7.2 (commencing with Section 1725) of Division 2
of the Fish and Game Code, as wild trout waters, with restrictions on
the taking, or method of taking, of fish. The Legislature has
determined, based upon a review of comprehensive technical data
evaluating resources and potential beneficial uses, that potential
beneficial uses must be balanced, in order to achieve protection of
the unique fishery resources of the McCloud River, as follows:
(a) The continued management of river resources in their existing
natural condition represents the best way to protect the unique
fishery of the McCloud River. The Legislature further finds and
declares that maintaining the McCloud River in its free-flowing
condition to protect its fishery is the highest and most beneficial
use of the waters of the McCloud River within the segments designated
in subdivision (b), and is a reasonable use of water within the
meaning of Section 2 of Article X of the California Constitution.
(b) No dam, reservoir, diversion, or other water impoundment
facility shall be constructed on the McCloud River from Algoma to the
confluence with Huckleberry Creek, and 0.25 mile downstream from the
McCloud Dam to the McCloud River Bridge; nor shall any such facility
be constructed on Squaw Valley Creek from the confluence with Cabin
Creek to the confluence with the McCloud River.
(c) Except for participation by the Department of Water Resources
in studies involving the technical and economic feasibility of
enlargement of Shasta Dam, no department or agency of the state shall
assist or cooperate with, whether by loan, grant, license, or
otherwise, any agency of the federal, state, or local government in
the planning or construction of any dam, reservoir, diversion, or
other water impoundment facility that could have an adverse effect on
the free-flowing condition of the McCloud River, or on its wild
trout fishery.
(d) All state agencies exercising powers under any other provision
of law with respect to the protection and restoration of fishery
resources shall continue to exercise those powers in a manner to
protect and enhance the fishery of those segments designated in
subdivision (b). In carrying out this subdivision, any exercise of
powers shall be consistent with Section 5093.58.
(e) Nothing in this section shall prejudice, alter, affect in any
way, or interfere with the construction, maintenance, repair, or
operation by the Pacific Gas and Electric Company of the existing
McCloud-Pit development (FERC 2106) under its license, or prevent
Pacific Gas and Electric from constructing a hydroelectric generating
facility by retrofitting the existing McCloud Dam if the operation
of the facility does not alter the existing flow regime below the
dam.
5093.545. The classifications heretofore established by the
secretary for the rivers or segments of rivers included in the system
are revised and adopted as follows:
Rivers Classification
(a) Klamath River: The Klamath
River from the
FERC Project 2082
downstream boundary
in Section 17 T47N R5W as
shown on
Exhibit K-7 sheet 1 dated
May 25, 1962, to
the river mouth at the
Pacific Ocean Recreational
(b) Scott River:
(1) The Scott River from
Shackleford Creek to
McCarthy Creek Recreational
(2) The Scott River from
McCarthy Creek to
Scott Bar Scenic
(3) The Scott River from Scott
Bar to the
confluence with the
Klamath River Recreational
(c) Salmon River:
(1) The Salmon River from the
Forks of
Salmon to the Lewis Creek
confluence Recreational
(2) The Salmon River from the
Lewis Creek
confluence to the Wooley
Creek confluence Scenic
(3) The Salmon River from the
Wooley Creek
confluence to the
confluence with the
Klamath River Recreational
(4) The South Fork of the
Salmon River from
Cecilville to St. Claire
Creek confluence Recreational
(5) The South Fork from St.
Claire Creek
confluence to the Matthews
Creek
confluence Scenic
(6) The South Fork from
Matthews Creek
confluence to the Forks of
Salmon Recreational
(7) The North Fork of the
Salmon River from
Marble Mountain Wilderness
boundary to
Mule Bridge Campground in
Section 35
T12N R11W and Section 12
T11N R11W Wild
(8) The North Fork from Mule
Bridge
Campground to the Forks of
Salmon Recreational
(9) Wooley Creek from the
Marble Mountain
Wilderness Area boundary
to 1/2 mile
upstream of the confluence
with Salmon
River Wild
(10) Wooley Creek downstream
1/2 mile above
the confluence with the
Salmon River Recreational
(d) Trinity River:
(1) The Trinity River from 100
yards below
Lewiston Dam to Cedar Flat
Creek
confluence Recreational
(2) The Trinity River from
Cedar Flat Creek
confluence to Gray Falls Scenic
(3) The Trinity River from
Gray Falls to the
west boundary of Section 2
T8N R4E Recreational
(4) The Trinity River from the
west boundary
of Section 2 T8N R4E to
the confluence
with the Klamath River at
Weitchpec Scenic
(5) The North Fork of the
Trinity River from
the Trinity Alps Primitive
Area boundary to
north boundary Section 20
T34N R11W Wild
(6) The North Fork from the
north boundary
Section 20 T34N R11W to
mouth Recreational
(7) The South Fork Trinity
River from Forest
Glen to Hidden Valley Ranch Wild
(8) The South Fork from Hidden
Valley Ranch
to the Naufus Creek
confluence in Section 8
T1N R7E Scenic
(9) The South Fork from the
Naufus Creek
confluence in Section 8
T1N R7E to
Johnson Creek confluence
near the
boundary of Sections 13
and 14 T2N R6E Wild
(10) The South Fork from
Johnson Creek
confluence near the
boundary of Sections 13
and 14 T2N R6E to the
boundary of
Sections 25 and 36 T2N R6E Scenic
(11) The South Fork from the
boundary of
Sections 25 and 36 T2N R6E
to the
footbridge near the mouth
of Underwood
Creek in Section 17 T4N
R6E Humboldt
Base and Meridian Recreational
(12) The South Fork from the
footbridge near the
mouth of Underwood Creek
in Section 17
T4N R6E to Todd Ranch in
Section 18 T5N
R5E Wild
(13) The South Fork from
Todd Ranch in Section
18 T5N R5E to the
confluence with Main
Trinity Scenic
(14) New River from the Salmon
Trinity
Primitive Area boundary to
the junction
with the East Fork New
River in Section 23
T7N R7E Wild
(15) New River from the
junction with the East
Fork New River in Section
23 T7N R7E to
100 yards below Panther
Creek
Campground in Section 18
T6N R7E Recreational
(16) New River from 100 yards
below Panther
Creek Campground in
Section 18 T6N R7E
to Dyer Creek confluence
in Section 25
T26N R6E Scenic
(17) New River from Dyer Creek
confluence in
Section 25 T26N R6E to the
confluence
with Trinity River Wild
(e) Smith River:
(1) Smith River from the
confluence of the
Middle and South Forks to
its mouth at the
Pacific Ocean Recreational
(2) Middle Fork Smith River
from its source
about 3 miles south of
Sanger Lake as
depicted on 1956 USGS 15'
"Preston Peak"
topographic map to the
middle of Section 7
T17N R5E Wild
(3) Middle Fork Smith River
from the middle
of Section 7 T17N R5E to
the middle of
Section 6 T17N R5E Scenic
(4) Middle Fork Smith River
from middle of
Section 6 T17N R5E to one-
half mile
upstream from the
confluence with Knopki
Creek Wild
(5) Middle Fork Smith River
from one-half
mile upstream from the
confluence with
Knopki Creek to the
confluence with South
Fork Smith River Recreational
(6) Myrtle Creek from its
source in Section 9
T17N R1E as depicted on
1952 USGS 15'
"Crescent City"
topographic map to the
middle of Section 28 T17N
R1E Recreational
(7) Myrtle Creek from the
middle of Section 28
T17N R1E to the confluence
with the
Middle Fork Smith River Recreational
(8) Shelly Creek from its
source in Section 1
T18N R3E as depicted on
1951 USGS 15'
"Gasquet" topographic
map to the
confluence with Patrick
Creek Recreational
(9) Kelly Creek from its
source in Section 32
T17N R3E as depicted on
1951 USGS 15'
"Gasquet" topographic
map to the
confluence with the Middle
Fork Smith
River Recreational
(10) Packsaddle Creek from its
source about 0.8
miles southwest of Broken
Rib Mountain as
depicted on 1956 USGS 15'
"Preston Peak"
topographic map to the
eastern boundary of
Section 3 T17N R1E Recreational
(11) Packsaddle Creek from the
eastern
boundary of Section 3 T17N
R4E to the
northern boundary of
Section 3 T17N R4E Recreational
(12) Packsaddle Creek from the
northern
boundary of Section 3 T17N
R4E to the
confluence with the Middle
Fork of Smith
River Recreational
(13) East Fork Patrick Creek
from its source in
Section 10 T18N R3E as
depicted on 1951
USGS 15' "Gasquet"
topographic map to
the confluence with the
West Fork Patrick
Creek Recreational
(14) West Fork Patrick Creek
from its source in
Section 18 T18N R3E as
depicted on 1951
USGS 15' "Gasquet"
topographic map to
the confluence with
the East Fork Patrick
Creek Recreational
(15) Griffin Creek from its
source about 0.2
miles southwest of Hazel
View Summit as
depicted on 1956 USGS 15'
"Preston Peak"
topographic map to the
confluence with the
Middle Fork Smith River Recreational
(16) Knopki Creek from its
source about 0.4
miles west of Sanger Peak
as depicted on
1956 USGS 15' "Preston
Peak" topographic
map to the confluence with
the Middle Fork
Smith River Recreational
(17) Monkey Creek from its
source in the
northeast quadrant of
Section 12 T18N R3E
as depicted on 1951 USGS
15' "Gasquet"
topographic map to the
northern boundary
of Section 26 T18N R3E Recreational
(18) Monkey Creek from the
northern boundary
of Section 26 T18N R3E to
the confluence
with the Middle Fork of
Smith River Recreational
(19) Patrick Creek from the
junction of East and
West Forks of Patrick
Creek to the
confluence with the Middle
Fork Smith
River Recreational
(20) North Fork Smith River
from the
California-Oregon boundary
to the
confluence with an unnamed
tributary in the
northern quarter Section 5
T18N R2E as
depicted on 1951 USGS 15'
"Gasquet"
topographic map Wild
(21) North Fork Smith River
from the
confluence with an unnamed
tributary in the
northern quarter of
Section 5 T18N R2E to
the southernmost
intersection of the
eastern boundary of
Section 5 T18N R2E
as depicted on 1951 USGS
15' "Gasquet"
topographic map Scenic
(22) North Fork Smith River
from the
southernmost intersection
of the eastern
boundary Section 5 T18N
R2E as depicted
on 1951 USGS 15'
"Gasquet" topographic
map to the confluence with
Stony Creek Wild
(23) North Fork Smith River
from the
confluence with Stony
Creek to the
confluence with the Middle
Fork of the
Smith River Recreational
(24) Diamond Creek from the
California-Oregon
state boundary to the
confluence with High
Plateau Creek Recreational
(25) Diamond Creek from the
confluence with
High Plateau Creek to the
confluence with
the North Fork Smith River Recreational
(26) Bear Creek from its source
in Section 24
T18N R2E as depicted on
1951 USGS 15'
"Gasquet" topographic
map to the
confluence with Diamond
Creek Recreational
(27) Still Creek from its
source in Section 11
T18N R1E as depicted on
1952 USGS 15'
"Crescent City"
topographic map to the
confluence with the North
Fork Smith River Recreational
(28) North Fork Diamond Creek
from the
California-Oregon state
boundary to the
confluence with Diamond
Creek Recreational
(29) High Plateau Creek from
its source in
Section 26 T18N R2E as
depicted on 1951
USGS 15' "Gasquet"
topographic map to
the northern boundary
Section 23 T18N
R2E Recreational
(30) High Plateau Creek from
the northern
boundary Section 23 T18N
R2E to the
confluence with Diamond
Creek Recreational
(31) Siskiyou Fork of Smith
River from its
source about 0.7 miles
southeast of Broken
Rib Mountain as depicted
on 1956 USGS
15' "Preston Peak"
topographic map to the
confluence with the South
Siskiyou Fork of
the Smith River Wild
(32) Siskiyou Fork of the Smith
River from the
confluence with the South
Siskiyou Fork of
the Smith River to the
confluence with the
Middle Fork of the Smith
River Recreational
(33) South Siskiyou Fork of the
Smith River
from its source about 0.6
miles southwest of
Buck Lake as depicted on
1956 USGS 15'
"Preston Peak"
topographic map to the
confluence with the
Siskiyou Fork of the
Smith River Wild
(34) South Fork Smith River
from its source
about 0.5 miles southwest
of Bear Mountain
as depicted on 1956 USGS
15' "Preston
Peak" topographic map to
Blackhawk Bar Wild
(35) South Fork Smith River
from Blackhawk
Bar to the confluence with
the Middle Fork
Smith River Recreational
(36) Williams Creek from its
source in Section
31 T14N R4E as depicted on
1952 USGS
15' "Ship Mountain"
topographic map to
the confluence with Eight
Mile Creek Recreational
(37) Eight Mile Creek from its
source in Section
29 T14N R4E as depicted on
1955 USGS
15' "Dillon Mtn."
topographic map to the
confluence with the South
Fork Smith River Recreational
(38) Prescott Fork of the Smith
River from its
source about 0.5 miles
southeast of Island
Lake as depicted on 1955
USGS 15'
"Dillon Mtn."
topographic map to the
confluence with the South
Fork Smith River Recreational
(39) Quartz Creek from its
source in Section 31
T16N R4E as depicted on
1952 USGS 15'
"Ship Mountain"
topographic map to the
confluence with the South
Fork Smith River Recreational
(40) Jones Creek from its
source in Section 36
T16N R3E as depicted on
1952 USGS 15'
"Ship Mountain"
topographic map to the
middle of Section 5 T15N
R3E Recreational
(41) Jones Creek from the
middle of Section 5
T15N R3E to the confluence
with the South
Fork of the Smith River Recreational
(42) Hurdygurdy Creek from its
source about 0.4
miles southwest of Bear
Basin Butte as
depicted on 1956 USGS 15'
"Preston Peak"
topographic map to the
confluence with the
South Fork Smith River Recreational
(43) Gordon Creek from its
source in Section 18
T16N R3E as depicted on
1951 USGS 15'
"Gasquet" topographic
map to the
confluence with the South
Fork Smith River Recreational
(44) Coon Creek from the
junction of the two
source tributaries in the
southwest quadrant
of Section 31 T17N R3E as
depicted on
1951 USGS 15' "Gasquet"
topographic
map to the western
boundary of Section 14
T16N R2E Recreational
(45) Coon Creek from the
western boundary of
Section 14 T16N R2E to the
confluence
with the South Fork Smith
River Recreational
(46) Craigs Creek from its
source in Section 36
T17N R2E as depicted on
1951 USGS 15'
"Gasquet" topographic
map to the
confluence with the South
Fork Smith River Recreational
(47) Buck Creek from its source
at Cedar Camp
Spring as depicted on 1952
USGS 15'
"Ship Mountain"
topographic map to the
confluence with the South
Fork Smith River Recreational
(48) Muzzleloader Creek from
its source in
Section 2 T15N R3E as
depicted on 1952
USGS 15' "Ship Mountain"
topographic
map to the confluence with
Jones Creek Recreational
(49) Canthook Creek from its
source in Section 2
T15N R2E as depicted on
1952 USGS 15'
"Ship Mountain"
topographic map to the
confluence with the South
Fork Smith River Recreational
(f) Eel River:
(1) The Eel River from 100
yards below Van
Arsdale Dam to the
confluence with Tomki
Creek Recreational
(2) The Eel River from the
confluence with
Tomki Creek to the middle
of Section 22
T19N R12W Scenic
(3) The Eel River from the
middle of Section
22 T19N R12W to the
boundary between
Sections 7 and 8 T19N R12W Recreational
(4) The Eel River from the
boundary between
Sections 7 and 8 T19N R12W
to the
confluence with Outlet
Creek Wild
(5) The Eel River from the
confluence with
Outlet Creek to the mouth
at the Pacific
Ocean Recreational
(6) The South Fork of the Eel
River from the
mouth of Section Four
Creek near
Branscomb Recreational
(7) The South Fork of the Eel
River from
Horseshoe Bend to the
middle of Section 29
T23N R16W Wild
(8) The South Fork of the Eel
River from the
middle of Section 29 T23N
R16W to the
confluence with the main
Eel near Weott Recreational
(9) Middle Fork of the Eel
River from the
intersection of the river
with the southern
boundary of the Middle Eel-
Yolla Bolly
Wilderness Area to the Eel
River Ranger
Station Wild
(10) The Middle Fork of the Eel
River from Eel
River Ranger Station to
Williams Creek Recreational
(11) The Middle Fork of the Eel
River from
Williams Creek to the
southern boundary of
the northern quarter of
Section 25 T22N
R12W Scenic
(12) The Middle Fork of the Eel
River from the
southern boundary of the
northern quarter of
Section 25 T22N R12W
to the boundary
between Sections 4 and 5
T21N R13W Wild
(13) The Middle Fork of the Eel
River from the
boundary between Sections
4 and 5 T21N
R13W to the confluence
with main Eel at
Dos Rios Recreational
(14) The North Fork of the Eel
River from the
Old Gilman Ranch to the
middle of Section
8 T24N R13W Wild
(15) The North Fork of the Eel
River from the
middle of Section 8 T24N
R13W to the
boundary between Sections
12 and 13 T24N
R14W Recreational
(16) The North Fork of the Eel
River from the
boundary between Sections
12 and 13 T24N
R14W to the confluence
with main Eel Wild
(g) Van Duzen River:
(1) The Van Duzen River from
the
Dinsmore Bridge to the
powerline crossing
above Little Larribee Creek Scenic
(2) The Van Duzen River from
the powerline
crossing above Little
Larribee Creek to the
confluence with Eel River Recreational
(h) Lower American River: The Lower
Ameri-
can River from Nimbus Dam
to its junction
with the Sacramento River Recreational
(i) North Fork American River:
(1) The North Fork from the
source of the
North Fork American River
to two and
one-half miles above the
Forest Hill-Soda
Springs Road Wild
(2) The North Fork from two
and one-half
miles above the Forest
Hill-Soda Springs
Road to one-half mile
below the Forest
Hill-Soda Springs Road Scenic
(3) The North Fork from one-
half mile below
the Forest Hill-Soda
Springs Road to
one-quarter mile above the
Iowa Hill
Bridge Wild
(4) The North Fork from one-
quarter mile
above the Iowa Hill Bridge
to the Iowa Hill
Bridge Scenic
(j) West Walker River:
(1) West Walker River from
Tower Lake to
northern boundary of
Section 10 (T5N,
R22E) Wild
(2) West Walker River
From northern boundary
of Section 10 (T5N, R22E)
to the eastern
boundary of Section 23
(T6N, R22E) Scenic
(3) West Walker River from the
eastern
boundary of Section 23
(T6N, R22E) to the
eastern boundary of
Section 24 (T6N,
R22E) Recreational
(4) West Walker River from the
eastern
boundary of Section 24
(T6N, R22E) to the
confluence with Little
Walker River Scenic
(5) West Walker River from the
confluence
with Little Walker River
to the confluence
with Rock Creek Recreational
(6) Leavitt Creek from Leavitt
Falls to the
confluence with West
Walker River Scenic
(k) East Fork Carson River: East
Fork
Carson River from
Hangman's Bridge
crossing of state Highway
89 to the
California-Nevada border Scenic
(l) (1) The South Yuba River:
(A) The South Yuba River
from Lang
Crossing to the confluence
with
Fall Creek Scenic
(B) The South Yuba River
from the
confluence with Fall Creek
to the
confluence with Jefferson
Creek
below the Town of
Washington Recreational
(C) The South Yuba River
from the
confluence with Jefferson
Creek
to Edwards Crossing Scenic
(D) The South Yuba River
from
Edwards Crossing to its
confluence with Kentucky
Creek
below Bridgeport Scenic
(2) This subdivision shall
become operative
January 1, 2001.
(m) Albion River: The Albion River
from one-fourth
mile upstream of its
confluence with
Deadman Gulch downstream
to its mouth at
the Pacific Ocean Recreational
(n) Gualala River: The main stem
Gualala
River from the confluence
of the North and
South Forks to the Pacific
Ocean Recreational
(o) Cache Creek:
(1) North Fork
Section:
From Highway 20 two miles
downstream to
the confluence of Cache
Creek and the North
Fork Cache Creek Scenic
(2) Mainstem Section:
(A) 1/4 mile downstream
of Cache Creek
Dam to the confluence with
Davis Creek Wild
(B) Davis Creek confluence
to 1
mile
downstream of Davis Creek
confluence Scenic
(C) 1 mile downstream of
Davis Creek
confluence to western
boundary of
Section 6 T12N R4W Wild
(D) Western boundary of
Section 6
to the confluence with
Bear Creek Scenic
(E) Bear Creek confluence
to Camp
Haswell
Recreational
5093.546. Classification or reclassification of rivers or segments
of rivers within the system as wild, scenic, or recreational shall be
by statute. The secretary may recommend legislation to classify or
reclassify rivers or segments of rivers within the system, and may
include specific land use restrictions relative to each particular
classification in such recommendations.
5093.547. (a) The secretary shall study and submit to the Governor
and the Legislature reports on the suitability or nonsuitability for
addition to the system of rivers or segments thereof which are
designated by the Legislature as potential additions to the system.
The secretary shall report to the Legislature his or her
recommendations and proposals with respect to the designation of a
river or segment.
(b) Each report, including maps and illustrations, shall show,
among other things, the area included within the report, the
characteristics which do or do not make the area a worthy addition to
the system, the current status of land ownership and use in the
immediate environment, and the reasonably foreseeable potential uses
of the land and water which will be enhanced, foreclosed, or
curtailed if the river or river segment were included in the system.
5093.55. Other than temporary flood storage facilities permitted
pursuant to Section 5093.57, no dam, reservoir, diversion, or other
water impoundment facility may be constructed on any river and
segment thereof designated in Section 5093.54; nor may a water
diversion facility be constructed on the river and segment unless and
until the secretary determines that the facility is needed to supply
domestic water to the residents of the county or counties through
which the river and segment flows, and unless and until the secretary
determines that the facility will not adversely affect the
free-flowing condition and natural character of the river and
segment.
5093.56. No department or agency of the state may assist or
cooperate, whether by loan, grant, license, or otherwise, with any
department or agency of the federal, state, or local government, in
the planning or construction of a dam, reservoir, diversion, or other
water impoundment facility that could have an adverse effect on the
free-flowing condition and natural character of the river and
segments thereof designated in Section 5093.54 as included in the
system.
5093.57. Nothing in this chapter shall be construed to prohibit any
measures for flood protection, structural or nonstructural,
necessary for the protection of lives and property along the Eel
River as described in subdivision (d) of Section 5093.54, except for
dams, reservoirs, or other water impoundment structures; provided,
however, that such measures for flood protection may include
facilities for temporary flood storage or flood storage basins on
tributaries of the Eel River.
5093.58. This chapter neither diminishes the power of the secretary
or any other state or local official or agency under any other
statute, nor conveys any authority, express or implied, to the
secretary or any state or local agency, commission, board, or
official to adopt or implement any interim or permanent order, rule,
regulation, guideline, or directive concerning land use regulation.
5093.60. The Resources Agency shall be responsible for coordinating
the activities of state agencies whose activities affect the rivers
in the system with those of other state, local, and federal agencies
with jurisdiction over matters which may affect the rivers.
5093.61. All departments and agencies of the state shall exercise
their powers granted under any other provision of law in a manner
that protects the free-flowing state of each component of the system
and the extraordinary values for which each component was included in
the system. All local government agencies shall exercise their
powers granted under any other provision of law in a manner
consistent with the policy and provisions of this chapter.
5093.62. Nothing in this chapter shall affect the jurisdiction or
responsibility of the state with regard to fish, wildlife, or their
habitat. Hunting and fishing may be permitted on lands and waters
administered as parts of the system under applicable state or federal
laws and regulations.
5093.63. Nothing in this chapter shall be construed to permit or
require the reservation, use, or taking of private property for
scenic, fishery, wildlife, or recreation purposes, for inclusion in
the system or for other public use, without just compensation.
5093.64. If any provision of this chapter or the application
thereof to any person or circumstances is held invalid, such
invalidity shall not affect other provisions or applications of the
chapter which can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are
severable.
5093.66. (a) The Legislature hereby finds and declares that the
enactment of this section is necessary in order to allow extraction
and refinement of strategic metals at a site on Gasquet Mountain
within the Smith River watershed.
(b) Notwithstanding subdivision (c) of Section 5093.54 or any
other provisions of this chapter, Hardscrabble Creek and all of its
tributaries, a tributary of the Smith River, are excluded from the
system.
(c) Notwithstanding subdivision (a) of Section 5093.58 or any
other provision of this chapter, Copper Creek and all of its
tributaries, a tributary to the Smith River, located in Sections 26,
27, 28, 34, and 35 of Township 18 North, Range 1 East, within the
County of Del Norte, are classified as recreational.
(d) In order to protect extraordinary scenic, recreational,
fishery, or wildlife values within one-quarter mile of the north fork
of the Smith River located in the County of Del Norte, no mining
activity shall be permitted which would result in a significant
adverse effect to these values within one-quarter mile of the north
fork of the Smith River.
(e) Nothing in this section or Section 5093.67 is intended to
modify or limit the regulatory authority of any state agency under
any other provision of law.
5093.67. In order to enhance the recreational qualities of rivers
where temporary summer recreational dams have been constructed in the
past to improve water oriented recreational opportunities for the
public, the secretary may authorize the emplacement of temporary
impoundments for recreational purposes on portions of rivers included
in the system which are classified as recreational, if the secretary
finds all of the following:
(a) There has been a history of impoundments at the location for
recreational purposes.
(b) The impoundment will not cause an adverse effect on the
fishery values of the river.
(c) The impoundment will be removed before it would interfere with
anadromous fisheries.
(d) The impoundment will improve the recreational opportunities
for the public.
(e) The impoundment will not adversely affect navigation, scenic
qualities, and public access.
5093.68. (a) Within the boundaries of special treatment areas
adjacent to wild, scenic, or recreational river segments, all of the
following provisions shall apply, in addition to any other applicable
provision under this chapter or generally, whether by statute or
regulation:
(1) A timber operator, whether licensed or not, is responsible for
the actions of his or her employees. The registered professional
forester who prepares and signs a timber harvesting plan, a timber
management plan, or a notice of timber operations is responsible for
its contents, but is not responsible for the implementation or
execution of the plan or notice unless employed for that purpose.
(2) A registered professional forester preparing a timber
harvesting plan shall certify that he or she or a qualified
representative has personally inspected the plan area on the ground.
(b) In order to temporarily suspend timber operations that are
being conducted within special treatment areas adjacent to wild,
scenic, or recreational rivers designated pursuant to Section
5093.54, while judicial remedies are pursued pursuant to this
section, an inspecting forest officer of the Department of Forestry
and Fire Protection may issue a written timber operations stop order
if, upon reasonable cause, the officer determines that a timber
operation is being conducted, or is about to be conducted, in
violation of Chapter 8 (commencing with Section 4511) of Part 2 of
Division 4, or of rules and regulations adopted pursuant to those
provisions, and that the violation or threatened violation would
result in imminent and substantial damage to soil, water, or timber
resources or to fish and wildlife habitat. A stop order shall apply
only to those acts or omissions that are the proximate cause of the
violation or that are reasonably foreseen would be the proximate
cause of a violation. The stop order shall be effective immediately
and throughout the next day.
(c) A supervising forest officer may, after an onsite
investigation, extend a stop order issued pursuant to subdivision (b)
for up to five days, excluding Saturday and Sunday, if the forest
officer finds that the original stop order was issued upon reasonable
cause. A stop order shall not be issued or extended for the same
act or omission more than one time.
(d) Each stop order shall identify the specific act or omission
that constitutes a violation or that, if foreseen, would constitute a
violation, the specific timber operation that is to be stopped, and
any corrective or mitigative actions that may be required.
(e) The Department of Forestry and Fire Protection may terminate
the stop order if the timber operator enters into a written agreement
with the department assuring that the timber operator will resume
operations in compliance with the provisions of Chapter 8 (commencing
with Section 4511) of Part 2 of Division 4, and with the rules and
regulations adopted pursuant to those provisions, and will correct
any violation. The department may require a reasonable cash deposit
or bond payable to the department as a condition of compliance with
the agreement.
(f) Notice of the issuance of a stop order or an extension of a
stop order shall be deemed to have been made to all persons working
on the timber operation when a copy of the written order is delivered
to the person in charge of operations at the time that the order is
issued or, if no persons are present at that time, by posting a copy
of the order conspicuously on the yarder or log loading equipment at
a currently active landing on the timber operations site. If no
person is present at the site when the order is issued, the issuing
forest officer shall deliver a copy of the order to the timber
operator either in person or to the operator's address of record
prior to the commencement of the next working day.
(g) As used in this section, "forest officer" means a registered
professional forester employed by the Department of Forestry and Fire
Protection in a civil service classification of forester II or
higher grade.
(h) (1) Failure of the timber operator or an employee of the
timber operator, after receiving notice pursuant to this section, to
comply with a validly issued stop order is a violation of this
section and is a misdemeanor punishable by a fine of not less than
five hundred dollars ($500), or by imprisonment for not more than one
year in the county jail, or both. The person shall also be subject
to civil damages to the state not to exceed ten thousand dollars
($10,000) for each misdemeanor violation. However, in all cases, the
timber operator, and not an employee of the operator or any other
person, shall be charged with that violation. Each day or portion
thereof that the violation continues shall constitute a new and
separate offense.
(2) In determining the penalty for a timber operator guilty of
violating a validly issued stop order, the court shall take into
consideration all relevant circumstances, including, but not limited
to, the following:
(A) The extent of harm to soil, water, or timber resources or to
fish and wildlife habitat.
(B) Corrective action, if any, taken by the defendant.
(i) Nothing in this section prevents a timber operator from
seeking an alternative writ as prescribed in Chapter 2 (commencing
with Section 1084) of Title 1 of Part 3 of the Code of Civil
Procedure, or as provided by any other provision of law.
(j) (1) If a timber operator believes that a forest officer lacked
reasonable cause to issue or extend a stop order pursuant to this
section, the timber operator may present a claim to the Victim
Compensation and Government Claims Board pursuant to Part 3
(commencing with Section 900) of Division 3.6 of Title 1 of the
Government Code for compensation and damages resulting from the
stopping of timber operations.
(2) If the Victim Compensation and Government Claims Board finds
that the forest officer lacked reasonable cause to issue or extend
the stop order, the board shall award a sum of not less than one
hundred dollars ($100), nor more than one thousand dollars ($1,000),
per day for each day the order was in effect.
5093.69. (a) The Resources Agency shall conduct studies
specifically funded by the Legislature relative to the condition of
the system and may make recommendations to the Legislature for
protection and enhancement of the system.
(b) The director shall conduct studies specifically funded by the
Legislature and shall make recommendations relating to all of the
following:
(1) The restoration of salmon and steelhead habitat in the system,
including measures that can be taken to increase spawning
populations, and provide at least 100 miles of reopened spawning and
nursery areas each year until the year 1990.
(2) Enforcement requirements necessary to protect the system from
fish or wildlife degradation.
(3) Development of information or statistical data necessary to
provide the most beneficial management of the fisheries included
within the system.
(4) Legislative action deemed necessary to protect the fishery and
wildlife values of the system.
5093.70. (a) The Legislature hereby finds and declares all of the
following:
(1) Mill Creek and Deer Creek possess extraordinary resources in
that they support one of the few remaining viable populations of wild
spring-run chinook salmon in the Sacramento-San Joaquin River
system. One essential component of the resources provided by these
creeks is their exceptional water quality.
(2) Based on a review of comprehensive technical data, the
Legislature has determined that potential beneficial uses must be
balanced to achieve protection of the unique fishery resources and
existing water rights of Mill Creek and Deer Creek in the manner
specified in this section. In lieu of including Mill Creek and Deer
Creek in the system, the continued management of stream resources in
their existing natural condition consistent with the terms of this
section represents the best way to protect the unique fishery of Mill
Creek and Deer Creek. Maintaining the existing free flowing
conditions of Mill Creek and Deer Creek to protect their fisheries is
the highest and most beneficial use of the unappropriated waters of
Mill Creek and Deer Creek within the segments designated in
subdivisions (b) and (c), and is a reasonable use of water within the
meaning of Section 2 of Article X of the California Constitution.
(b) No new dam, reservoir, diversion, or other water impoundment
facility shall be constructed on Mill Creek from the headwaters of
East Sulphur Creek within Section 15 T30N R4E to the United States
Geological Survey gauging station in the northeast quarter of the
northwest quarter of Section 6 T25N, R1W.
(c) No new dam, reservoir, diversion, or other water impoundment
facility shall be constructed on Deer Creek from the headwaters in
Section 11 T27N R5E to the United States Geological Survey gauging
station in the northwest quarter of the northeast quarter of Section
23 T25N, R1W.
(d) Except for the maintenance of existing flood control
facilities and projects by public agencies or private landowners or
emergency flood control activities or repairs required due to acts of
God, provided that those activities or projects do not interfere
with the passage of migrating anadromous fish, no state agency shall
assist or cooperate with, whether by loan, grant, license, or
otherwise, any agency of the federal, state, or local government in
the planning or construction of any dam, reservoir, diversion, or
other water impoundment facility that could have an adverse effect on
the free-flowing conditions of Mill Creek and Deer Creek, or on
their wild runs of spring-run chinook salmon.
(e) All state agencies exercising powers under any other provision
of law with respect to the protection and restoration of fishery
resources shall continue to exercise those powers in a manner that
protects and enhances the fishery of the segments designated in
subdivisions (b) and (c). In carrying out this subdivision, any
exercise of powers shall be consistent with Section 5093.58.
(f) Nothing in this section shall prejudice, alter, affect in any
way, delay, or interfere with the implementation or construction of
any fishery restoration or improvement project that is authorized,
required, or recommended pursuant to the Central Valley Improvement
Act (Public Law 102-575) or the Upper Sacramento River Fisheries and
Riparian Habitat Management Plan developed pursuant to Chapter 885 of
the Statutes of 1986, or of any other fishery restoration or
improvement project.
(g) Nothing in this chapter shall prejudice, alter, affect in any
way, delay, or interfere with existing water rights; implementation
of those rights; historic water use practices; and replacement,
maintenance, repair, or operation of diversions and diversion
facilities; or changes in the purposes of use, places of use, points
of diversion, or ownership of existing water rights, except that no
change shall operate to increase the adverse effect, if any, of the
preexisting diversion facility or place or purpose of use upon the
free flowing and natural character of the stream.
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