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HomeWater CodeDiv. 3Pt. 1Ch. 10Art. 1§ 6461 Dam Safety Certification Process

§ 6461 Dam Safety Certification Process

Water Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 6461 Dam Safety Certification Process

Key Takeaways

  • •If the government checks a dam and says it's safe, they give a certificate.
  • •If the government says the dam is not safe, they must tell the owner in writing and hold a meeting first.
  • •The owner cannot use the dam to hold water if the government says it's unsafe.
  • •Anyone who disagrees with the government's decision can speak at the meeting or ask a court to review it within 30 days.

Example

A farmer has a dam on their land to store water for crops. The government inspects the dam and finds a big crack that could make it break.

The government will send the farmer a letter saying the dam is unsafe and set up a meeting to talk about it. The farmer cannot use the dam to hold water after getting this letter. If the farmer thinks the government is wrong, they can go to the meeting to explain why or ask a court to check the government's decision within 30 days.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 6461 Dam Safety Certification Process

If, upon inspection or upon completion to the satisfaction of the department of all work that may be ordered, the department finds that the dam or reservoir is safe to impound water, a certificate of approval shall be issued. The owner of the dam or reservoir shall not, through action or inaction, cause the dam or reservoir to impound water following receipt by the owner of a written notice from the department that a certificate will not be issued because the dam or reservoir will not safely impound water. Before such notice is given by the department, the department shall hold a hearing. Written notice of the time and place of the hearing shall be mailed at least 20 days prior to the date set for the hearing, to the owner of the dam or reservoir. Any interested persons may appear at the hearing and present their views and objections to the proposed action. Any petition for a writ of mandate to inquire into the validity of the action of the department shall be commenced within 30 days after receipt by the owner of a written notice from the department that a certificate of approval will not be issued. (Added by Stats. 1965, Ch. 1225.)

Last verified: January 23, 2026

Key Terms

certificate of approvalimpound waterhearingwrit of mandate

Related Statutes

  • § 6455 Pre-1965 Dam Approval Requirement
  • § 6355 Dam Safety Certification
  • § 6357.4 Certificate Revocation Hearing Process
  • § 11900 Fish And Wildlife Protection
  • § 11901 Water Project Conservation Funding

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Water Code. Section 6461.
View Official Source