Find Legal Information

6100

FISH AND GAME CODE
SECTION 6100

6100.  Notwithstanding any provision of Article 3 (commencing with
Section 5980) and Article 4 (commencing with Section 6020), on or
after the effective date of this article, any new diversion of water
from any stream having populations of salmon and steelhead which is
determined by the department to be deleterious to salmon and
steelhead shall be screened by the owner. The construction,
operation, or maintenance costs of any screen required pursuant to
this article shall be borne by the owner of the diversion.
   The department within 30 days of receipt of a notice of such
diversion, or within the time determined by mutual written agreement,
shall submit to the owner its proposals as to measures necessary to
protect the salmon and steelhead. The department shall notify the
owner that it shall make onsite investigation and shall make any
other investigation before it shall propose any measure necessary to
protect fishlife.
   The department, or any agency of the state, shall provide the
owner of the diversion any available information which is required by
such owner in order to comply with the provisions of this article.
   The diversion shall not commence until the department has
determined that measures necessary to protect fishlife have been
incorporated into the plans and construction of such diversion.