(a)  Notwithstanding any provision of Article 3 (commencing with Section 5980) and Article 4 (commencing with Section 6020), on or after January 1, 1972, any new diversion of water from any stream having populations of salmon and steelhead that is determined by the department to be deleterious to salmon and steelhead shall be screened by the owner.

(b) The construction, operation, or maintenance costs of any screen required pursuant to this article shall be borne by the owner of the diversion.

Terms Used In California Fish and Game Code 6100

  • Department: means the Department of Fish and Wildlife. See California Fish and Game Code 37
  • 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. See California Fish and Game Code 5900
  • State: means the State of California, unless applied to the different parts of the United States. See California Fish and Game Code 83
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Fish and Game Code 73

(c) If the department has determined that a diversion is deleterious to salmon and steelhead pursuant to subdivision (a), it shall provide written notice of its determination to the owner.

(d) The department shall notify the owner that the department shall make onsite investigation and shall make any other investigation before it shall propose any measures necessary to protect fishlife.

(e) Within 30 days of providing notice under this section, or within a time determined by mutual written agreement, the department shall submit to the owner its proposals as to measures necessary to protect the salmon and steelhead.

(f) The department, or any agency of the state, shall provide the owner of the diversion any available information that is required by the owner in order to comply with the provisions of this article.

(g) 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 the diversion.

(Amended by Stats. 2023, Ch. 132, Sec. 119. (AB 1760) Effective January 1, 2024.)

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