32630-32632

PUBLIC RESOURCES CODE
SECTION 32630-32632




32630.  This division shall be known, and may be cited, as the San
Diego River Conservancy Act.



32631.  (a) The San Diego River is a natural, historic, and
recreational resource in the heart of San Diego. From its headwaters
near the town of Julian in east San Diego County, it runs 52 miles
through Mission Valley and the first settlement in California at Old
Town San Diego before it empties into the Pacific Ocean at Ocean
Beach. The river has been subjected to intense development in some
parts; it runs through one of San Diego's most populated
neighborhoods and is in need of restoration, conservation, and
enhancement all along its length. The area presents excellent
opportunities for recreation, scientific research, historic
preservation of the first aqueduct in the United States, and
educational and cultural activities, of value to California and the
nation. Reestablishing the cultural and historic connections between
the San Diego River, Old Town San Diego State Historic Park, the
Military Presidio, and the Kumeyaay Nation will provide the public
with the opportunity to appreciate the state's historic beginnings.
   (b) Given the opportunities available, the state recognizes the
importance of holding this land in trust to be preserved and enhanced
for the enjoyment of present and future generations.



32632.  For the purposes of this division, the following terms have
the following meanings:
   (a) "Conservancy" means the San Diego River Conservancy
established by this division.
   (b) "Fund" means the San Diego River Conservancy Fund established
pursuant to Section 32657.
   (c) "Governing board" means the governing board of the
conservancy.
   (d) "Historic flumes" means both of the following:
   (1) The Padre Dam flume built by Native Americans along the San
Diego River to convey water from the Mission Dam to the Mission San
Diego de Alcala in the early 1800s.
   (2) The flume built by the San Diego Flume Company in the late
1880s to convey water from a diverting dam on the upper San Diego
River to the eastern edge of the City of San Diego.
   (e) "Local public agency" means a city, county, district, or joint
powers agency.
   (f) "Nonprofit organization" means a private, nonprofit
organization that qualifies for exempt status under Section 501(c)(3)
of the Internal Revenue Code, as amended, and that has among its
principal charitable purposes the preservation of land for
scientific, historic, educational, recreational, scenic, or
open-space opportunities, the protection of the natural environment,
or preservation or enhancement of wildlife.
   (g) "San Diego River area" or "area" means those lands or other
areas that are donated to, or otherwise acquired by, or operated by,
the conservancy, which are located within one-half mile on either
side of the thread of the river and its tributaries including the
historic flumes emanating from the river, from its headwaters near
Julian to the Pacific Ocean at Dog Beach in San Diego, and other
properties within the watershed of the San Diego River that meet the
intent of this division as approved on a case-by-case basis by a
two-thirds majority vote of the governing board.