The State Water Project, Unauthorized Encroachments and the California Water Code

1. The State Water Project,Unauthorized Encroachmentsand the California Water Code State of California Department of Water Resources Division of Operation and Maintenance Maria Chin

2. 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.

3. 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.

4. Unauthorized Encroachments and Unlawful Acts • Unauthorized Encroachment: Any alteration, improvement, encroachment, or excavation performed within the State Water Project without prior written permission from the Department of Water Resources. Persons doing so can be found guilty of a misdemeanor. • Unlawful acts: No person may drain water; obstruct any natural watercourse; or store or distribute water for any purpose which interferes with or causes damage to the State Water Project or its operation.

5. Trees – prevent full access to SWP facilities and tree roots damage pipelines and casing

6. Roots in Pipe Bedding

7. Roots wrapped around the Pipeline

8. Stockpiled Material - overburden the pipeline

9. Fences and undersized gates - prevent full access to SWP facilities for security and maintenance purposes

10. Metal Building – structures prevent full access to SWP facilities for security and maintenance purposes, and are a threat to the public safety

11. School playground, cyclone fence, brick wall- inhibits maintenance and repair of SWP pipeline and is a threat to public safety.

12. SWP Dewatering FacilitiesHydrology studies and design plans for proposed projects adjacent to the SWP should address all drainage issues including the potential flows from SWP dewatering facilities.

13. SWP Dewatering

14. 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

15. 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. Right of Way Fence Line Canal Embankment

16. A clear right of way zone is an important and necessary component of SWP operation and repair. It reduces the cost of inspection and operation. It allows the unencumbered use of dedicated right of way and access during operations and repairs. It protects the water quality. It provides security to personnel and facilities. It ensures public safety by allowing the safe operation of facilities.

17. SWP Pipeline Construction Work Area

18. Exposed Pipeline for Repair

19. Exposed Pipeline for Repair

20. Mile 55 Liner Repair

21. Water Code 12899Statutory Authority

22. Section 12899.1 • GENERAL RULE: No person shall make any alteration, improvement, encroachment, or excavation within an SWP right-of-way without written permission from DWR. • PENALTY: Any person who violates this section is guilty of a misdemeanor.

23. Section 12899.5: UNAUTHORIZED ENCROACHMENTS • GENERAL RULE: If any encroachment exists within DWR’s right-of-way, DWR may require its removal. • Except in cases of emergency, DWR must issue and serve a notice to the owner describing the unauthorized encroachment.

24. Section 12899.5: UNAUTHORIZED ENCROACHMENTS • If DWR removes any encroachment because the owner fails to comply with the notice for its removal, DWR may recover: • The expense of the removal; • Costs and expenses of suit, including attorneys fees; • $1000 for each day the encroachment remains after the expiration date of the notice.

25. Section 12899.6: UNLAWFUL ACTS Unless allowed authorized by permit or agreement, no person may: • Drain water or permit water to be drained onto SWP right-of-way which results in damage to SWP; or • Obstruct any natural watercourse in a way that: • Prevents, impedes, or restricts the natural flow of waters from any portion of DWR’s right-of-way into and through the watercourse or SWP cross drainage structures unless other adequate and proper drainage is provided; • Causes waters to be impounded that damage SWP; or • Causes interference with, or damages or make hazardous operation, maintenance, and rehabilitation of SWP; or • Store or distribute water for any purpose so as to permit the water to overflow onto, causing damage to, or to obstruct or damage SWP.

26. Section 12899.6: UNLAWFUL ACTS If the person fails to cease and discontinue the drainage or diversion or to pay for the repairs after receiving notice from DWR: • DWR may make repairs and perform work; and • May sue to recover: • Expenses for repairs • $1000 each day the problem continued after the notice was served • Costs of suit and attorneys fees