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§ 600.3. Definitions.


Barclays Official California Code of Regulations Currentness
Title 23. Waters
Division 2. Department of Water Resources
Chapter 6. Encroachments
Article 1. General Provisions
23 CCR § 600.3
§ 600.3. Definitions.
(a) “Abatement” means action as may be necessary to remove, terminate, or alleviate an unauthorized encroachment, including but not limited to demolition, removal, or restoration of property.
(b) “Applicant” means person or entity who has applied for an Encroachment Permit from the Department.
(c) “ASTM” means American Society for Testing and Materials, a globally recognized leader in the development and delivery of international voluntary consensus standards.
(d) “Business Days” means those days when the Department offices are open to the public for business transactions. Weekends, along with State and federal holidays, are not business days. “Days” in these regulations mean calendar days unless, referred to as “business days.”
(e) “CEQA” means the California Environmental Quality Act, Division 13 of the Public Resources Code, Sections 21000 through 21174 ,inclusive.
(f) “Department” means the Department of Water Resources of The Natural Resources Agency of the State of California as provided in Water Code Section 120.
(g) “Electrolier” means wooden, concrete or steel pole supporting lamps or other lights, such as street lamps or traffic signals.
(h) “Embankment” means the raised compacted-earth structures that retain water and support operating roads at the crest.
(i) “Emergency” means any lawfully declared emergency or any circumstance determined to be an emergency by the Department which is a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.
(j) “Encroachment” means installation of any tower, pole, pipe, fence, building, structure, object, or improvement of any kind or character that is placed in, on, under, or over any portion of the State Water Project or other use of the Department's right-of-way, including the alteration of the ground surface elevation by more than one foot, or the planting of trees, vines, or other vegetation on the Department's right-of-way that may pose a threat to the physical integrity of any facility of the State Water Project or that could interfere with the Department's rights with regard to access, inspection, repair or the operation and maintenance of any State Water Project facility.
(k) “Encroachment Permit” means the Department's written authorization for an alteration, improvement, encroachment, excavation, use or activity within the Department's right-of-way that is not inconsistent with the function, operation, maintenance, enlargement, and rehabilitation of any portion of the facilities of the State Water Project. An ‘Encroachment Permit’ is revocable and non-transferable and can only be modified or transferred with the written approval of the Department.
(l) “FERC” means the Federal Energy Regulatory Commission which issues licenses for power generation.
(m) “Joint-Use Facilities” means those facilities of the State Water Project which are jointly owned, operated, and maintained by the State and the United States Bureau of Reclamation.
(n) “Member” as it relates to bridge construction means an individual angle, beam, plate, or built piece intended to become an integral part of an assembly frame or structure.
(o) “Milepost” means the distance designated along the State Water Project in miles identifying each project feature such as aqueduct pool, control structure, plant, reservoir outlet, and manhole starting from the beginning of the system.
(p) “Permittee” means any person or entity who has obtained an Encroachment Permit from the Department.
(q) “Person” means any person, firm, partnership, association, corporation, other business entity, nonprofit organization, or governmental entity.
(r) “Potable” means water that meets the drinking water standards as defined in Sections 116270 through 116293 ,inclusive , of the California Health and Safety Code.
(s) “Reclamation” means the United States Bureau of Reclamation, Department of the Interior as described in the “Agreement between the United States of America and the Department of Water Resources of the State of California for the Construction and Operation of the Joint-Use Facilities of the San Luis Unit” (REV December 30, 1961), hereby incorporated by reference.
(t) “Right-of-Way” means any property interest acquired by the Department for State Water Project purposes, including but not limited to, an easement, license, permit, agreement, or fee ownership.
(u) “Safety Plan” means the implementation of an Injury and Illness Prevention Program in accordance with Section 1509 Title 8, Article 3, Subchapter 4, of California Code of Regulations.
(v) “State Water Contractor” means a public agency that has a long-term water supply contract with the Department of Water Resources for the delivery of water pursuant to subdivision (b) of Section 12937 of the Water Code.
(w) “State Water Resources Development System” hereinafter referred to as the State Water Project or SWP, means the State Water Resources Development System as described in Section 12931 and Section 12934(d) of the Water Code, including, but not limited to, all portions of the project authorized pursuant to the Central Valley Project Act (Part 3 commencing with Section 11100).
(x) “Unauthorized Encroachment” means any alteration, improvement, encroachment, excavation, use or activity within the State Water Project right-of-way acquired for the State Water Project without an encroachment permit or agreement from the Department authorizing such encroachment, use or activity.
Note: Authority cited: Section 12899.9, Water Code. Reference: Sections 120, 12931, 12934(d), 11100, 12899, 12899.1(a), 12899.1(c), 12899.5(b), 12899.5(e), 12899.8(e), 12899.10 and 12899.11(a), Water Code; and Sections 21000 - 21174, Public Resources Code.
1. New section filed 4-22-2015; operative 7-1-2015 (Register 2015, No. 17).
This database is current through 6/24/22 Register 2022, No. 25
23 CCR § 600.3, 23 CA ADC § 600.3
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