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Assurance Agreements Len Marino – Chief Engineer January 10, 2013

ASSURANCE AGREEMENTS. Assurance Agreements Len Marino – Chief Engineer January 10, 2013. Authorities. Reclamation Board ( Rec Board) was created by the State Legislature in 1911 Water Code Part 4, § 8520 – 9377 codifies the law governing the operation of the Rec Board

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Assurance Agreements Len Marino – Chief Engineer January 10, 2013

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  1. ASSURANCE AGREEMENTS Assurance AgreementsLen Marino – Chief EngineerJanuary 10, 2013

  2. Authorities • Reclamation Board (Rec Board) was created by the State Legislature in 1911 • Water Code Part 4, § 8520 – 9377 codifies the law governing the operation of the Rec Board • The Federal Flood Control Act of 1944 authorized construction of the Sacramento River Flood Control Project (SRFCP) and the San Joaquin River Flood Control Project (SJRFCP) • The State authorized the SRFCP in 1953 and the SJRFCP in 1955 • Water Code § 8350 - 9577 and 12878 - 12878.45 covers DWR’s responsibility and assigns responsibilities to the Board for O&M of SJRFCP • Water Code § 12648 and 12651 authorized the Rec Board to give satisfactory assurances to USACE that required local cooperation will be furnished by the State in connection with SRFCP and SJRFCP

  3. Authorities • Water Code § 12648 and 12651 authorized the Rec Board to • “hold harmless and protect” the U.S. for authorized flood control projects • Acquire all Land, Easements, Rights-of-Way, Relocations, Disposal Sites (LERRDS) necessary for construction, operation, and maintenance of flood control projects • Sacramento-San Joaquin Drainage District (SSJDD) is the State entity which cooperates with the USACE in planning and construction of flood control works • The SSJDD holds title on behalf of the State for lands acquired for flood control projects • The Rec Board governs the SSJDD

  4. Two Types of Assurance Agreements 1- Agreements between USACE and State of California: • 1953 MOU Respecting the Sacramento River Flood Control Project (between the USACE and the State of California, represented by its agency the Sacramento and San Joaquin Drainage District, acting by and through The Reclamation Board, hereinafter called the State) • State agreed to • FURNISH FLOWAGE RIGHTS • LERRDS • HOLD HARMLESS THE USA • MAINTAIN ALL LEVEE AND CHANNEL IMPROVEMENTS

  5. Two Types of Assurance Agreements 2- Agreements between State and Local Maintaining Agency: • 1956 Agreement between the State and Lower San Joaquin Levee District (LSJLD) for the construction of a flood control project on the Lower San Joaquin River and its tributaries • State agreed to acquire LERRDS for required for the Project without cost to the LSJLD • LSJLD agreed to: • Hold harmless the USA and the State • Operate and maintain the project satisfactory to USACE

  6. QUESTIONS

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