117080-117125
HEALTH AND SAFETY CODE
SECTION 117080-117125
117080. "Governmental agency," as used in this article, includes a
city, city and county, and district, but does not include a chartered
city or city and county.
"Body of water" means a reservoir or lake.
"Owned" means owned or controlled.
117085. The board of supervisors of any county wherein is located a
body of water owned by a governmental agency, that is used to supply
water for human consumption may by resolution request the
governmental agency owning the body of water to open the body of
water to public fishing and the surrounding land area for other
recreational use. The governmental agency owning the body of water
shall thereupon make and file with said board of supervisors an
estimate of the cost of preparing a coordinated plan for public
fishing in said body of water and other recreational uses in the
surrounding land area. The board of supervisors thereupon may deposit
with the governmental agency owning the body of water the amount of
the estimate not exceeding two thousand five hundred dollars
($2,500), and the governmental agency owning said body of water
thereupon shall proceed promptly with and complete the coordinated
plan. In event the cost of preparing the plan shall be less than the
amount deposited by the board of supervisors, the excess shall be
repaid by the governmental agency owning the body of water to the
board of supervisors that made the deposit. The plan may provide for
development of the area by stages and may exclude from public access
structures, facilities or works of the agency necessary in supplying
water for human consumption and the portions of the body of water and
surrounding land area as may be reasonably required for the
protection, maintenance or operation of the structures, facilities,
or works. The plan may exclude portions of the surrounding area as
are unsuitable for public recreational use. The coordinated plan may
also include an estimate of the cost of the capital improvements
necessary or convenient for public fishing and recreational uses, an
estimate of the annual cost of maintenance and operation of the plan,
and a recommendation as to the manner in which the plan may be
financed.
After completion of the coordinated plan the governmental agency
shall promptly make application to the department for an amendment to
its water supply permit, that would allow the opening of the body of
water to public fishing and the surrounding land area for other
recreational use pursuant to the coordinated plan.
117090. Upon receipt of the amended permit, if the agency does not
allow such use, it shall call for a vote of its constituents at the
next statewide primary election or general election, or if the agency
is a municipal corporation at the next general municipal election,
to determine whether or not the use shall be allowed and if a
majority vote is in favor the public agency shall allow public
fishing in the body of water and other recreational uses in the
surrounding area in compliance with the amended permit.
117095. Nothing herein contained shall permit or require fishing or
other recreational uses in a secondary reservoir from which water is
supplied for domestic use without purification treatment after
withdrawal from said reservoir.
117100. The ballot for the election authorized by Section 117090
shall contain the instructions required by law to be printed thereon
and in addition thereto the following:
Shall the (insert name of
governmental
agency)
allow fishing in the (name of body
of water) YES
and other recreational uses in the
surrounding
area subject to the regulations of
the
State
Department of Health Services?
NO
If the governmental agency concludes that a bond issue is required
to pay for the capital improvements included in the coordinated plan
as approved by the amended permit, there shall also be printed on
the ballot, immediately following the ballot proposition aforesaid,
the following proposition to be voted on by the constituents of the
governmental agency:
Shall the (insert name of
governmental
agency)
incur a bonded indebtedness in the
principal
amount of $____ for providing the
capital
improvements for fishing in the YES
(name of body
of water) and other recreational
uses in
the
surrounding land area, subject to
the
regulations
of the State Department of Health
Services?
NO
117105. The governmental agency owning the body of water may fix
and collect fees, including charges for motor vehicle parking, for
the construction of facilities, operation, and use of the area opened
for public fishing and other recreational uses. The governmental
agency shall have the power to contract with others for the rendering
of any or all of the services required in connection with the
operation of the area including the right to rent or lease the whole
or any part of the area to provide necessary or convenient facilities
for the use of the public. The governmental agency shall have the
power to make and enforce regulations that it may find necessary or
convenient for proper control of the areas opened to public fishing
and other recreational uses. The department shall make recurring
inspections of all recreational areas approved under this article to
ensure the continued purity of drinking water.
117110. The governmental agency shall cause a copy of the rules and
regulations to be posted upon the area opened to public fishing and
other recreational uses, and it shall cause the rules and regulations
to be published at least once in a newspaper of general circulation
published in the county in which the reservoir is in whole or in part
situated, if there be such a newspaper, otherwise in a newspaper of
general circulation published within the area of the governmental
agency. The posting and publication shall be sufficient notice to all
persons. The affidavit of the secretary, clerk, or corresponding
officer of the governmental agency that the rules and regulations
have been so posted and published is prima facie evidence thereof. A
copy of the rules and regulations, attested by the secretary, clerk,
or corresponding officer of the governmental agency shall be prima
facie evidence that the rules and regulations have been made by the
governmental agency as provided by law.
117115. As far as possible the development and operation of the
recreational uses authorized by this article shall be financed out of
the revenues authorized by this article; provided, however, that the
governmental agency owning the body of water is not required to fix
fees that are unreasonably high and in its discretion may make use of
any means of financing that it is otherwise authorized to use for
any purpose.
117120. Any violation of any rule or regulation lawfully made by
the governmental agency is a misdemeanor. The superior court of the
county within which the reservoir lies in whole or in part is a
proper place for trial of all prosecutions for violations of any
rules and regulations adopted by the governmental agency.
117125. Notwithstanding any other provision of law, the Department
of Fish and Game may stock with fish any body of water opened to
public fishing pursuant to this article.