§ 12316 Local Agency Flood Project Duties

In addition to any obligations assumed under an agreement with the department and to the extent consistent with that agreement, the local public agency shall do all of the following: (a) Provide construction access to lands or rights-of-way which it owns or maintains for flood control purposes or for purposes with which the project’s required uses are compatible and necessary to complete the project. (b) Maintain the completed project pursuant to maintenance criteria developed and adopted in accordance with Section 12984. (c) Apply for federal disaster assistance, whenever eligible, under Public Law 93-288. (d) Hold and save the department, any other agency or department of the state, and their employees free from any and all liability for damages, except that caused by gross negligence, that may arise out of the construction, operation, or maintenance of the project. (e) Acquire easements from the crown along levees for the control and reversal of subsidence in areas where the department determines that such an easement is desirable to maintain structural stability of the levee. The easement shall (1) restrict the use of the land to open-space uses, nontillable crops, the propagation of wildlife habitat, and other compatible uses, (2) provide full access to the local agency for levee maintenance and improvement purposes, and (3) allow the owner to retain reasonable rights of ingress and egress as well as reasonable rights of access to the waterways for water supply and drainage. The local public agency costs of acquisition of the easements shall be reimbursable by the department from moneys appropriated pursuant to paragraph (2) of subdivision (b) of Section 12300 or any sources of funding appropriated by the Legislature for purposes of this part. (f) Comply with all habitat mitigation and improvement requirements pursuant to this part. (g) Use subsidence control alternatives, where appropriate, to reduce long-term maintenance and improvement costs. (Amended by Stats. 1996, Ch. 601, Sec. 8. Effective January 1, 1997.)