5900-5904
FISH AND GAME CODE
SECTION 5900-5904
5900. As used in this chapter: (a) "Dam" includes all artificial obstructions. (b) "Conduit" includes pipe, millrace, ditch, flume, siphon, tunnel, canal, and any other conduit or diversion used for the purpose of taking or receiving water from any river, creek, stream, or lake. (c) "Owner" includes the United States (except that for the purpose of Sections 5901, 5931, 5933, and 5938, "owner" does not include the United States as to any dam in the condition the dam existed on September 15, 1945), the State, a person, political subdivision, or district (other than a fish and game district) owning, controlling or operating a dam or pipe. (d) "United States" means the United States of America, and in relation to any particular matter includes the officers, agents, employees, agencies, or instrumentalities authorized to act in relation thereto. 5901. Except as otherwise provided in this code, it is unlawful to construct or maintain in any stream in Districts 1, 1 3/8, 1 1/2, 1 7/8, 2, 2 1/4, 2 1/2, 2 3/4, 3, 3 1/2, 4, 4 1/8, 4 1/2, 4 3/4, 11, 12, 13, 23, and 25, any device or contrivance that prevents, impedes, or tends to prevent or impede, the passing of fish up and down stream. 5902. In including the United States within the scope of this chapter the Legislature declares that it understands that the law and policy of the United States with respect to the development of water resources, the reclamation of land from flood and overflow, and in all other respects is to comply with state laws respecting water. The provisions of this chapter provide a procedure for the United States to comply with the provisions and policy of state law respecting its subject matter. 5903. The United States shall file with the commission pursuant to this chapter a separate application for each dam it proposes to construct or enlarge if an owner other than the United States would be required to file an application pursuant to Division 3 of the Water Code in order to construct or enlarge the same dam. The application shall be on forms provided by the department. 5904. The application of the United States shall give the following information: (a) The name and address of the owner. (b) The location, type, size, and height of the proposed dam and appurtenant works. (c) The storage capacity of the reservoir. (d) Such other pertinent information as the commission requires. (e) As accurately as may be readily obtained, the area of the drainage basin, rainfall, and stream flow records and flood flow records and estimates. (f) The purpose for which the impounded or diverted water is to be used. (g) Such other appropriate information as may be necessary in a given instance. In instances wherein the physical conditions involved and the size of the dam are such as to render the above requirements as to drainage areas, rainfall, stream flow, and flood flow unnecessary, the commission may waive the requirements.