The Use of Boards and Commissions in the Resources Agency

--- Page 1 --- COMMISSION ON CALIFORNIA STATE GOVERNMENT ORGANIZATION AND ECONOMY Chairman HAROLD FURST Berkeley Vice Chairman MILTON MARKS Assemblyman, San Francisco JOHN T. KNOX Assemblyman, Richmond DON B. LEIFFER San Diego GEORGE MILLER, JR. Senator, Martinez MANNING J. POST Beverly Hills RICHARD E. SHERWOOD tos Angeles ROY SORENSON San Francisco VERNON L. STURGEON Senator, Paso Robles DAIR TANDY Oroville FRANK D. TELLWRIGHT Carmel L. H. HALCOMB, JR. Executive Secretary THE USE OF BOARDS AND COMMISSIONS IN THE RESOURCES AGENCY STATE OF CALIFORNIA --- Page 2 --- . . . . . --- Page 3 --- EDMUND G. BROWN, Governor STATE OF CALIFORNIA COMMISSION ON CALIFORNIA STATE GOVERNMENT ORGANIZATION AND ECONOMY 1209 EIGHTH ST., SACRAMENTO Chairman HAROLD FURST Berkeley April 9, 1965 Vice Chairman MILTON MARKS Honorable Edmund G. Brown Assemblyman, San Francisco Governor, State of California JOHN T. KNOX Assemblyman, Richmond Honorable Hugh M. Burns President pro Tempore, and to Members of the Senate DON B. LEIFFER San Diego Honorable Jesse M. Unruh GEORGE MILLER, JR. Speaker, and to Members of the Assembly Senator, Martinez MANNING J. POST Beverly Hills Gentlemen: RICHARD E. SHERWOOD The attached report on "The Use of Boards and Commissions in the Resources Los Angeles Agency" is the first of a series of studies and reports by this Commission dealing ROY SORENSON with "plural bodies" in the Executive Branch of the State Government. Sub- San Francisco sequent reports will be concerned with the same subject in the other Agencies VERNON L. STURGEON Senator, Paso Robles as well as with such bodies functioning without agency affiliation. DAIR TANDY This study was conducted under the general guidance of a subcommittee of Oroville the Commission consisting of Messrs. Don Leiffer and Roy Sorenson. Mr. Soren- FRANK D. TELLWRIGHT son, an acknowledged expert on the subject having authored one of the few Cormei books dealing with the use of boards in the executive process, was unable to L. H. HALCOMB. JR. participate beyond the conceptual stage, however, because of his serious illness. Executive Secretary Mr. Leiffer's participation, therefore, was quite extensive and is particularly appreciated. Staff work was performed by Mr. Donald Nemetz, Western Representative of Public Administration Service, under the overall direction of the Commission's Executive Secretary, L. H. Halcomb, Jr. The findings and recommendations contained in this report are endorsed by all members of the Commission with the exception of Commissioner Sherwood, who expresses no opinion on it inasmuch as he was unable to participate in the study or in the preparation and consideration of the report. The judgments ex- pressed in the report were reached only after careful review of all testimony received and deliberate consideration of the many extraneous but pertinent factors involved. Their early implementation will be another step toward mak- ing the state government more efficient, more effective and more responsive to the public. Respectfully, Navora 1 HAROLD FURST, Chairman Assemblyman Milton Marks, Vice Chairman Assemblyman John T. Knox DON B. LEIFFER STATE SENATOR GEORGE MILLER, JR. Manning J. Post RICHARD E. SHERWOOD ROY SORENSON STATE SENATOR VERNON L. STURGEON DAIR TANDY FRANK D. TELLWRAGHT (3) 42782 --- Page 4 --- 10<br>25<br>45 . --- Page 5 --- TABLE OF CONTENTS Page Page I. Introduction and Summary 7 District Oil and Gas Boards 34 General Concepts 7 Board of Directors, Youth Conservation Administrative or Operational Involvement 8 and Training Program _____ 34 Summary or Recommendations-General State Park Commission _____ 35 Criteria _____ 9 Recreation Commission _____ 36 Summary of Recommendations-Resources Small Craft Harbors Commission ____ 37 Agency Bodies _____ 10 California Riding and Hiking Trails Advisory Committee _____ 38 II. The Role of Plural Bodies ______ 12 Historical Landmarks Advisory Committee 38 Participation in Policy Formulation _____ 12 Mount San Jacinto Winter Park Authority 39 Rule-Making 13 Fish and Game Commission _____ 39 Administrative Adjudication _____ Wildlife Conservation Board_____ 40 Allocation of Funds Marine Research Committee _____ 41 Other Functions _____ 16 Pacific Marine Fisheries Commission ____ 42 III. Organization and Operations 17 Goose Lake Compact Commission _____ 42 Creation and Membership _____ 17 California-Nevada Interstate Compact Organizational Status 20 Commission ______ 42 Interstate Bodies ______ 21 Klamath River Compact Commission ____ 43 IV. Resources Agency Bodies-Findings and Recommendations _____ 23 EXHIBITS California Water Commission _____ 23 I. Plural Bodies Associated with the Resources State Water Quality Control Board_____ 24 Agency—State of California, January 1965 7 Regional Water Pollution Control Boards... 25 II. Principal Recommendations Affecting Exist- Reclamation Board ______ 27 ing Resources Agency Plural Bodies_____ 10 State Water Rights Board _____ 28 Colorado River Board _____ 30 III. State Code Provisions for Policy Formulation By Resources Agency Plural Bodies-State State Board of Forestry _____ 30 of California, January 1965 _____ 13 District Forest Practices Committees_____ 31 State Mining Board _____ 32 IV. Composition of Resources Agency Plural Soil Conservation Commission _____ 33 Bodies State of California, January 1965__ 18 (5) --- Page 6 --- t. . --- Page 7 --- I. INTRODUCTION AND SUMMARY Parks and Recreation In California State Government, as elsewhere, ex- State Park Commission tensive use has been made of boards and commissions Recreation Commission comprised of private citizens rendering a part-time Small Craft Harbors Commission public service. Historically, their role has changed California Riding and Hiking Trails Advisory Committee from time to time without ever having been very well Historical Landmarks Advisory Committee Mount San Jacinto Winter Park Authority defined. Where formerly they were most often created out of legislative distrust of the executive, more re- Water Resources cently emphasis has shifted to the need for broaden- California Water Commission ing citizen participation in government. Reclamation Board State Water Quality Control Board In seeking to identify the principal problems in the Regional Pollution Control Boards (9) administration of state programs, the attention of the State Water Rights Board Commission on California State Government Organi- Colorado River Board zation and Economy has repeatedly been directed to California-Nevada Compact Commission Klamath River Compact Commission this subject. There became apparent a critical need to Goose Lake Compact Commission examine the use of these plural bodies, not with a view to their elimination but to define their proper role and the bodies are to be constituted and by whom, the assure their most effective utilization. interests to be represented on them, relationships The number of such bodies presently existing in vis a vis the most concerned executive department, the executive branch of the State Government is not and the like. It is believed that the boards and com- precisely known. The best current tabulation is that missions in the Resources Agency are sufficiently rep- made by the Office of Legislative Analyst, based on a resentative to permit the setting of tentative stand- questionnaire circulated in early 1964 by this Commis- ards for general application. These will receive fur- sion, lists 276. There are probably more. Since this ther testing in future projects of the Commission number is too large to study in any depth, the Com- dealing with the same subject elsewhere in the state mission decided to begin with the bodies attached to government. The second objective is to determine, only one agency. The Resources Agency was selected specifically, how plural bodies can at this time be used for several reasons: its 41 statutory boards and com- to best advantage in the Resources Agency. missions constitute a manageable number; they com- prise a representative sampling of the different types GENERAL CONCEPTS of bodies and are concerned with varied programs of Experience with boards and commissions in Cali- some importance (see Exhibit I); and Agency offi- fornia State Government supports several widely held cials indicated an interest in the project. The study concepts regarding this organizational form. These is being made with two objectives in mind. The first, have sufficient general validity to deserve weight in and perhaps more significant, is the development of the setting of guidelines. a set of criteria or guidelines for use in evaluating the usefulness of existing boards and commissions and Those concepts favorable to the use of boards and when considering the creation of new ones in the commissions would include: future. These criteria cover such matters as the pur- 1. Broader Public Participation in Government poses best served and functions best performed, how Boards and commissions bring into government citizens who would not otherwise be actively in- EXHIBIT I volved but who have a contribution to make. If PLURAL BODIES ASSOCIATED WITH THE RESOURCES AGENCY the members are carefully chosen, this contri- STATE OF CALIFORNIA bution can be of immeasurable importance. January 1965 Conservation Open Manner in Which Affairs are Conducted State Board of Forestry One appealing feature of the operations of a District Forest Practices Committees (4) board or commission is the "open forum" man- Board of Directors, Youth Conservation and Training ner of proceedings. Public meetings for the airing Program State Mining Board of competing or differing needs and viewpoints District Oil and Gas Commissions (6) are in the best democratic tradition. The oppor- State Soil Conservation Commission tunity to be heard is appreciated—and important in our political system. Fish and Game 3. Consensus of Views Fish and Game Commission Pacific Marine Fisheries Commission In the consideration of public issues it is desir- Marine Research Committee able to bring together, in a rather formal way, a Wildlife Conservation Board <math>(7)</math>. <math>3 - 42762</math> --- Page 8 --- RESOURCES AGENCY—BOARDS AND COMMISSIONS 8 isolated from the normal governmental processes group of persons to deliberate and seek a con- of legislative policy control, executive leadership, sensus, particularly if they represent a variety and administrative and fiscal audit. of interests and points of view which need or ought to be recognized. The total cost of board and commission operation cannot be measured but may be considerable. To the 4. Buffer Against Undue Pressures extent that these bodies are influenced by special in- A board or commission can protect or give sup- 1 100 terests, obscure responsibility, and function free from port to an executive against whom pressures may 40 certain of the restraints or checks exercised over ex- be exerted—from a variety of sources—for undue . . . ecutive agencies generally, their actions can commit recognition of special interests. The ready ex- Ţ the State to substantial expenditures not carefully ample is in the allocation of funds among com- related to overall financial plans or priority schedules. peting projects. 5. Protection Against Arbitrary Action 130 ADMINISTRATIVE OR OPERATIONAL A board or commission may lessen the possibility INVOLVEMENT of "arbitrary" action by an executive official, A natural sequel to the enunciation of the above through consultation before the action is taken concepts is a general observation, and recommenda- or by hearing the appeals of affected or injured tion, that plural bodies normally not be used to ad- parties. minister, manage, direct, or operate a program. The case for a single, responsible executive in this capacity The case for the exercise of restraint or caution in is well known and documented. It need not be re- the use of boards and commissions would include the peated here. following: Although administrative boards have been used ex- 1. Diffusion of Responsibility tensively in California State Government in the past, The more people involved in a decision-making the recent trend has been away from their use. The process, the more difficult it becomes to fix re- history of several if not most of the major bodies now sponsibility for results. Executives at times in the Resources Agency has been a steady withdrawal "use" a board as a shield to hide behind in avoid- of administrative functions. Often boards were created ing responsibility. to begin a new program, where the Legislature wanted a more "deliberate" approach, there being much that 2. Slowness to Act could not be anticipated or predicted. Basic policies A plural body by its very composition cannot had to be developed and tested. As a program took decide or act as expeditiously as a single execu- shape and grew, and an organization developed to tive. carry it out, the role of the board necessarily changed. 3. Division of Authority In certain situations this use could represent a justi- fiable exception to the above recommendation. Where authority is shared between one or more bodies and executives, a consistent and coordi- As boards and commissions have been relieved of nated line of action is difficult. As in Item 1 administrative control, some members have argued above, deliberate advantage is sometimes taken that they still are saddled with responsibility but no of this division by officials who are reluctant to longer have any authority. This need not be the case. take action. Because of the present volume of actions or decisions to be taken in the average state agency, delegations of 4. Undue Special Interest Representation authority to act are being made downward through A board on which is represented special interests every organization. A department head can personally may have a devisive effect with such interests consider only the unusual or precedent-setting mat- opposing each other or the executive officials who ters, even though he devotes his full time to the job. are concerned with the broader public interest. A citizen board meeting monthly can do little more If safeguards are not provided, the beneficiary than rubber-stamp staff recommendations on adminis- interests may be recognized to the exclusion of trative or operational matters, taking uninformed the general public interest. actions yet being responsible for them. Such a body can be infinitely more useful, and influential, if it con- 5. Expense of Board Operations centrates on policy deliberation, on offering guidance Boards can be expensive, not so much because of on referred problems, and on a continuing review of compensation or expenses of the members, as be- program results. cause of the staff time required to prepare for Several boards with predominant or significant ad- meetings and respond to requests for informa- ministrative authority still exist in the Resources tion. Where boards have their own staff, dupli- Agency, having successfully withstood past efforts to cations with the related executive agency are relieve them of this authority. That their continuance common. in this role does violence to accepted principles of 6. Isolation From Normal Processes of Government good administration is not debatable, thus the decision Boards—particularly those concerned with one as to whether or not corrective action is to be taken, industry or occupational area-tend to become and when, will be based on other considerations. --- Page 9 --- 9 INTRODUCTION AND SUMMARY assigned, the following recommended criteria should SUMMARY OF RECOMMENDATIONS—GENERAL be observed in constituting the body. CRITERIA 1. Appointments to statutory boards or commissions The principal recommendations developed in the in the executive branch should be made by the body of this report are briefly summarized below. For Governor. an appreciation of the reasoning behind the recom- 2. The number of members should not normally ex- mendations, their need, and their expected impact, the ceed seven, with a lesser number on adjudicative reader is encouraged to go beyond this summary. bodies. Terms of office should be definitely fixed, prefer- Functions Best Performed ably at four years with a two-term maximum and The following functions are recommended as ap- with provision for overlap. propriate to be assigned to boards and commissions Members should not receive compensation (other) and to be exercised in the manner and subject to the than for full-time service) but should receive conditions noted. ample expense allowances. 1. Participation in policy formulation by: Members should be selected first on their ability. a. Initiation of policy proposals or recommenda- to represent the general public interest and only tions secondarily on their special knowledge of the sub- Review and comment on policy proposals in- ject area. itiated by executive authorities Beneficiary or special interests may be repre- Solicitation of suggestions and comments from sented, but only when the need for their special the public on policies under consideration knowledge or support is clearly demonstrated d. Establishment of policies governing their own and then only as a minority of the membership. operations, consistent with legislative require- ments Organizational Status Participation in rule-making by: As regards the organizational status of plural bodies Consultation with executive officials in the and the provision of staff services to them, the follow- formulation of rules, regulations, and stand- ing standards are recommended: ards Bodies should be linked to the agency at the level Review of draft rules prepared by staff in- at which policy decisions are made—normally the cluding conduct of public hearings Office of the Director—and advisory to the Recommendation of rules for adoption by re- agency (not a particular official) in the specified sponsible authority subject area. 3. Act as an Administrative Tribunal hearing ap- Department directors should maintain direct peals from administrative orders or actions, sub- liaison with all bodies in their department, des- ject to the following stipulations: ignating the appropriate division chief or others a. Observance of the provisions of the Adminis- to coordinate department-board activities. trative Procedures Act whenever possible Bodies should not employ or supervise adminis- b. Disqualification of a board member from hear- trative or technical staff but should be provided ing a case in which he has a beneficiary in- all requested staff assistance by the department terest to which attached. c. Prohibition of majority representation on a body by the industry or interests being regu- Interstate Compact Commissions lated or benefitted Compact commissions cannot be subject to the above Allocation of funds in the form of loans or grants criteria because of their interstate nature. Further- to local jurisdictions or the division of appropri- more, there is not a sufficient variety of these bodies in ations among state agency projects, subject to the Resources Agency to permit safe generalization on staff recommendation and, where required, legis- their composition and functions, other than the fol- lative approval. lowing: Such single or special purposes as conduct of 1. The development of policy regarding interstate negotiations, new or pilot project guidance, or cooperation and the approval of the creation of study and report on a particular subject, with commissions to negotiate compacts should rest the following stipulations: with the Commission on Interstate Cooperation. Definite time limits set Compact negotiating commissions should be com- b. Avoidance of overlap with already existing prised of both gubernatorial appointees and leg- bodies (to which the special task could be islatīve members. assigned) 3. Although compact implementation commissions will be prescribed in the compact, wherever pos- Manner of Creation and Membership Requirements sible California's representation should be from Once the decision has been made to create a plural or closely associated with the most concerned body and agreement is reached on the functions to be executive department. --- Page 10 --- . RESOURCES AGENCY—BOARDS AND COMMISSIONS 10 costly-but can and does obscure responsibility and SUMMARY OF RECOMMENDATIONS—RESOURCES complicate administration. The Colorado River Board AGENCY BODIES and Goose Lake Compact Commission are examples. Exhibit II presents in abbreviated tabular form the principal recommendations in connection with each Existence of Planning and Policy Gaps existing board and commission in the Resources Responsibility for policy formulation and planning . Agency. Since these have little meaning when divorced of programs within a single functional area is often from the description of the present composition and ..... shared by two or more bodies in a way that gaps ap- role of these bodies, the pertinent report page refer- pear. Each assumes that the other is giving attention ence is shown. to a problem area—or should be—whereas no one is. Taken together, the recommendations constitute a This situation exists in connection with flood control plan of action for overcoming several basic deficiencies (Reclamation Board and Water Commission), water in the present use of boards and commissions in this quality control, and recreation. Agency. These can be summarized under the follow- ing general headings. Fragmentation of Program Responsibility A number of the recommendations are directed to achieving combinations of existing bodies, or func- EXHIBIT II tions, to better serve the intended purpose. Combin- PRINCIPAL RECOMMENDATIONS AFFECTING ing the Park and Recreation Commissions is one illus- EXISTING RESOURCES AGENCY PLURAL BODIES tration, uniting the Fish and Game Commission with Report Page Recommendation Reference the Wildlife Conservation Board is another. Broader- Water Resources ) Combine and modify California Water Commission based, better coordinated efforts and balanced pro- State Water Quality Control Board functions _____23, 24 grams are certain to result. Regional Pollution Control Boards Modify functions ____ 25 Reconstituted ____ 27 Reclamation Board A General Public Interest Not Being Served Abolish _____ 30 Colorado River Board Some bodies by their composition or performance do Expand functions ___ 28 State Water Rights Board not represent or serve an identifiable public interest. Conservation Rather, they project a special interest or concern Modify functions ..... 30 State Board of Forestry under the cloak of governmental authority. The rec- District Forest Practices Abolish _____ 31 ommendations contained herein call for either the dis- Committees (4) Youth Conservation and Training solution of such bodies (Oil and Gas Commissions) or No change _____ 34<br>Modify functions ____ 32 Board modifications in their composition and authority State Mining Board (State Mining Board). Modify functions ____ 33 Soil Conservation Commission District Oil and Gas Abolish ..... 34 Ambiguities in Functions and Authority Commissions (6) The statutory assignments of functions and author- Parks and Recreation ity to boards are often so ambiguous as to confuse Combine and modify State Park Commission functions .......35, 36 State Recreation Commission responsibilities between boards and the departments Modify functions ___ 37 to which they are attached (State Park Commission Small Craft Harbors Commission Riding and Hiking Trails and State Board of Forestry). A recurring example No change _____ 38 Committee is in the policy formulation area and the extent to No change ____ 38 Historical Landmarks Committee which boards advise or decide (See Exhibit III). Mt. San Jacinto Winter Park Seek termination of Authority State's involvement 39 Confused Board-Agency Relationships Fish and Game The manner in which boards and commissions are Fish and Game Commission ) Combine _____ 40 provided staff services and arrangements for the im- Wildlife Conservation Board \ plementation of board decisions are in many instances Retain (review Marine Research Committee unsatisfactory. Where boards have their own staffs— program) _____ 41 sometimes created out of distrust of the regular Interstate Compact Commissions agency staff—duplications and conflicts arise (water Pacific Marine Fisheries 42 No change _____ Commission quality control at both the State and regional levels). California-Nevada Compact Where a body's authority in the area of administra- No change _____ 42 Commission tion and operations is not carefully circumscribed, Klamath River Compact No change _____ 43 clashes may occur between it and the officials and Commission Abolish _____ 42 Goose Lake Compact Commission staff of the related regular department. Many of the recommendations in this report seek to eliminate these sources of friction. Primary Purpose for Which Created Has Been Served Possible Economies from Adoption of Recommendations In several instances a body was created for a par- It is not possible to make detailed estimates of the ticular purpose which has been accomplished, thus economies that could result from the implementation there is no continuing need for the body. The contin- of all the recommendations presented in this report. uation of it is not only pointless-and sometimes --- Page 11 --- 11 INTRODUCTION AND SUMMARY levels-of $233,000. Those boards and commissions The really significant savings would be those achieved now engaging their own technical, administrative, and through the creation of sound policies and coordinated office staffs (Reclamation Board, Water Quality Con- programs in the public interest as well as through trol Board, Regional Water Pollution Control Boards, more effective, consistent, and controlled executive and Wildlife Conservation Board) spend nearly $1,- processes. Confused authority and divided responsi- 750,000 annually on salaries and administrative ex- bility unavoidably lead to costly delays, duplications, penses. The integration of these into the appropriate and commitment to expenditures not in the broad regular department organizations should permit sav- public interest. The many boards and commissions in ing a substantial portion of this total. Board consoli- the Resources Agency have a significant influence on dation and eliminations would, of course, produce practically all of the Agency's short and long-range modest savings in member expenses and staff time programs which involve the commitment and expendi- spent in preparation for meetings and development of ture of millions of dollars each year. informational reports to board members. Taken to- Several specific and immediate savings might be gether, these could total conservatively from $500,000 noted. Abolishing the Colorado River Board would to $1,000,000 annually. represent an annual saving-at present expenditure --- Page 12 --- II. THE ROLE OF PLURAL BODIES Plural bodies within the executive branch of Cali- Legislature authorizes programs and services and pre- fornia State Government are so differently constituted scribes, with varying degrees of specificity, how they , 19 and serve such a variety of purposes in such varied are to be carried out. This includes the creation of 100 ways, that they cannot be arranged into discrete clas- needed administrative machinery and the assignment ÷ :. sifications. The combinations are almost infinite. The of authority to the components thereof. 49 explanation of this probably lies in these bodies hav- As the State grows and develops, State Government 23 ing been created one by one over the past fifty or more becomes increasingly complex and the services it per- 500 years, and reorganized and reconstituted countless forms expand both in scope and number. It is no times, without having been subjected to a systematic, longer possible, even if it were desirable, for the Leg- comprehensive review. The nearest approach to this islature to include in legislation all of the policy was the study made by the "Governor's Committee on guidance needed by an executive agency. Programs Organization of State Government' in the year 1959, and requirements are set forth in general terms, which which did not go to sufficient depth to fully resolve must be interpreted and applied. Executive officials the problem. The Committee in its report stated that formulate policies within the framework of the legis- one of the general objectives of its reorganization pro- lation and are also expected to develop policy recom- posals was to: mendations for legislative consideration. There is little accord on the extent to which a board or commis- "Retain the advantages of citizen participation sion can effectively participate in this policy formula- in state government through the use of advisory tion function. Strong views are held, ranging from boards and quasi-legislative and quasi-judicial the belief such bodies should set policy, to the con- bodies where appropriate, but minimize the admin- viction that they should be in no way involved. Pres- istrative functions of such boards and commissions ent state practice is best characterized by its lack and locate them organizationally within the basic of consistency. structure of the executive branch." Present Practice in the Resources Agency This statement accurately sets forth the consensus of informed specialists in state government administra- As a part of the general trend, identified earlier, tion. towards removing boards and commissions from the There have been many attempts to classify boards arena of administrative action, efforts have been made and commissions; for example, as administrative, to clarify their role in the policy area. A great deal advisory, quasi-legislative, and quasi-judicial. In of confusion still exists. practice, it is unusual for any one such body to fit Approximately one-half of the 41 plural bodies in- comfortably into one of these categories. The most cluded in this study have a statutory assignment in meaningful distinctions to be made between these the policy-making area. Among these there is no iden- bodies are based on functions performed and objec- tifiable pattern, but there is an apparent legislative tives sought. The most significant corollary to these intent to emphasize the policy role in some instances distinctions is the degree of finality of actions taken and to minimize it in others. Examples are given in by the body. To what extent does, or should, the will Exhibit III of typical state code provisions. In a num- of the plural body, as opposed to that of the concerned ber of cases the wording authorizes the formulation executive department, prevail. of "general policies for the guidance of . . ." and, In this chapter principal functions normally as- in at least one instance (Fish and Game Commission), signed plural bodies are discussed, present practice in requires that "the director shall be guided by such the Resources Agency is summarized, and recom- policies." Various interpretations of the words "gen- mended general criteria and guidelines are offered. eral" and "guidance" have resulted in many degrees The application of these to existing bodies in the Re- of plural body involvement in agency administration. sources Agency is made in the concluding chapter. The State Park Commission, for example, interprets general" as covering a broad range of matters, in- PARTICIPATION IN POLICY FORMULATION cluding administrative detail, and interprets "guid- The function most frequently assigned boards and ance" as a mandatory directive rather than a recom- commissions in California State Government is that mendation. of participating—in one of several ways—in the One commission little involved in departmental op- formulation of public policy. "Policy" is not easily erations is the California Water Commission, which defined. It has been used to identify anything from makes policy recommendations only on major issues a basic principle of government enunciated in a con- and in broad terms. In defining its policy-making role the code provides that ". . . for the purpose of stitutional provision to an administrative directive on the use of official vehicles. In this discussion the fixing responsibility . . . in the event of disagree- assumption is made that, in the first instance, the set- ment between the director and the commission . . . ting of basic policy is a legislative function. The State the views of the director shall prevail." (12) --- Page 13 --- 13 THE ROLE OF PLURAL BODIES A commission cannot "replace" the Legislature or Conclusions a committee thereof. It is a part of the executive Boards and commissions can perform an increas- branch machinery and as such cannot be allowed to ingly important service in policy formulation in Cali- legislate. It may help crystallize support for or oppo- fornia State Government. This is especially true as sition to particular public programs or policies, and State Government grows larger and, unavoidably, can thus be helpful both to legislative and executive legislators and senior executives become less accessi- authorities. Depending on its membership, it can be ble to the ordinary citizen. The role to be played, considered to represent the public interest generally, however, requires careful definition and reasonably or a particular interest or group of interests. Its judg- ments and proposals will be given weight accordingly. consistent application. The appointing authority should be empowered to take needed corrective action should a commission seek to EXHIBIT III STATE CODE PROVISIONS FOR POLICY FORMULATION exceed its bounds by bringing pressure outside legiti- BY RESOURCES AGENCY PLURAL BODIES mate channels for acceptance of a particular point of STATE OF CALIFORNIA view. This does not mean that a board or commission January 1965 should not be permitted to explain its position on an Agency Legislative Wording issue to a legislative committee when its recommenda- State Mining Board. "It is empowered to establish policies con- tions differ from those of the associated executive de- forming to the provisions of state statutes to govern the partment. Such would be an entirely legitimate chan- administration of the Division of Mines and Geology." Fish and Game Commission. "General policies for the conduct nel of communication. of the department shall be formulated by the commission. As a part of the executive branch of the State Gov- The director shall be guided by such policies and is responsi- ernment a commission cannot enjoy complete auton- ble to the commission for administration of the department omy. It cannot comprise a fourth branch of govern- in accordance with the policies thus established." Youth Conservation and Training Board. The function of the ment. Board is to "establish general policies" governing the pro- Recommendations gram . . . the State Forester (as Chief of the Division) shall be responsible for administration of the program, sub- The following general criteria are recommended as ject to policies established by the Board. those best designed to assure the most effective use of Recreation Commission. "The commission shall recommend to boards and commissions in the formulation of policy. the director, for adoption by him, policies for the guidance of Such bodies should be authorized to: the Chief of the Division of Recreation in the performance and exercise of his powers and duties." Initiate policy proposals or recommendations. State Board of Forestry. "General policies for guidance of the 2. Review policy proposals initiated by executive Division of Forestry shall be determined by the Board." State Soil Conservation Commission. "The commission shall authorities, on referral, and make recommenda- determine and advise policies for the guidance of the chief tions thereon. of the division in the performance and exercise of his duties 3. Invite suggestions and comments from the public and powers." State Park Commission. "The commission shall establish gen- on policies under consideration. eral policies for the guidance of the Director of Natural Re- 4. Establish policies governing their own operations sources, and the Chief of the Division of Beaches and Parks and activities, consistent with legislative require- in the administration, protection, and development of the State Park System." ments. Small Craft Harbors Commission. "The commission shall RULE-MAKING establish general policies for the guidance of the division in A fairly common function assigned plural bodies in planning, acquisition, construction, development, improve- the Resources Agency, and elsewhere, is that of for- ment, maintenance and operation of small craft harbors . . ." Others. Several other plural bodies associated with the Re- mulating, reviewing, or adopting rules and regula- sources Agency formulate policy for their own operations, tions. In this connection, rules or regulations are but do not affect the administration of governmental agencies. those for general public application and concern sub- stantive program matters; they are not involved with In the interpretation and application of legislatively internal administrative affairs. This is viewed as a established policy, and in the formulation of policy quasi-legislative function. Increasingly, the Legisla- recommendations for legislative consideration, execu- ture is delegating this authority to executive branch tive officials can benefit from the participation of a agencies. This elaboration or spelling out of legislative several-membered commission which brings together provisions is time consuming and often requires spe- different perspectives, views, interests, and talents. cialized talents and data. Bordering as it does the grey Such a body, through the use of public meetings and area between legislation and execution, a strong case hearings, provides an excellent opportunity for in- can be made for maximum public participation in the terested groups and agencies to present their views rule-making process. The involvement of a board or and to hear those of others. Public feeling and senti- commission in itself introduces some such participa- ment can better become known. Competing and con- tion; if that body conducts public meetings and hear- flicting interests can be more clearly identified, meas- ings the base is further broadened. ured, and brought closer to agreement or at least The close relationship and distinction between mutual tolerance. In this manner the "record" is policy formulation and rule-making should here be built on which informed judgments can be made and noted. In general, a policy is a basic course or plan policies developed that are in fact more responsive to of action to guide or determine future decisions by the wishes of the public. --- Page 14 --- 14 RESOURCES AGENCY—BOARDS AND COMMISSIONS administrative and operational personnel. Rules, as requires, for example, the filing of notice of the pro- used herein, are more in the nature of instructions for posed adoption with the Rules Committee of each general public observance having the force of law. House and with the director of the concerned depart- They are a part of, or equivalent to, the Administra- ment at least 30 days before adoption. Public notice tive Code, as defined in the Administrative Procedures is required with the public given an opportunity to Act. be heard. These procedures have equal applicability 430 The question of course is not simply whether or whether the rule-making authority is a plural body or 1 not boards or commissions should be involved in rule- a single executive. making. As in the case of policy formulation, the ques- Conclusions tion is in what way and to what extent. How is the function to be shared between the appropriate execu- Boards and commissions can properly be used in tive agency officials and the board? the formulation of rules, regulations, and standards for general application. The distinction between rules Present Practice in the Resources Agency of a substantive nature issued for general public ob- servance and those having internal agency applica- As would be expected, the several plural bodies in tion is an important one that must be understood. the Resources Agency participate in the formulation Internal rules and regulations are essentially adminis- and enactment of rules and regulations. The degree trative and operational in nature and their issuance depends in part on the nature and substance of the must rest with the responsible executive official, who programs with which they are concerned. Most active may seek the consultation, advice, or review and com- in this area are such bodies as the Fish and Game ment of the appropriate body, but his decision should Commission, which closely regulates the taking of be final. Otherwise he cannot be held responsible for game, and the State Board of Forestry with its statu- program administration. tory authority to "make and enforce rules and regula- tions for the organization, maintenance, government, Rules can be formulated and enacted in any of the and direction" of the fire protection system. following four ways: Some bodies have rule-making authority in a spe- 1. By a plural body on staff recommendation. cific and limited area only, as the Small Craft Harbors 2. By a plural body subject to executive approval. Commission in regulating the registration and opera- 3. By the executive agency with plural body con- tion of small craft, or the State Water Quality Con- sultation. trol Board in setting water quality standards. In 4. By the executive agency with plural body ap- several instances specific code provisions charge a com- mission with recommending, rather than enacting, · proval. rules. The District Forest Practices Committees pro- In some state governments approval of these kinds pose rules for the harvest of timber and reforesta- of rules by the Legislature or an agent thereof, is re- tion by private companies which become effective only quired. The California system of prior filing with the when approved by the State Board of Forestry. The Rules Committees can serve this purpose, provided a State Park Commission indirectly enacts rules for review of some kind is made by the staffs of these or park usage by either enunciating them as Commission some other committees. Should the rules be found not policy or instructing the Department to issue them. in keeping with the legislation or legislative intent, Where rule-making authority vests clearly with execu- the rule-making body could be so informed and be tive officials in departments which have policy advis- guided accordingly. ory bodies, those officials frequently consult with such bodies before issuing or modifying substantive rules. Recommendations An unusual statutory provision requires that within Since formal rule-making is a quasi-legislative func- the Department of Water Resources, "All rules and tion in which broad participation is generally desir- regulations of the department, other than those relat- able, and since it is closely related to policy formula- ing exclusively to the internal administration and tion, it is recommended that boards and commissions management of the department, shall be first presented participate as follows: by the director to the (California Water) commission 1. Consult with agency staff in the formulation of and shall become effective only upon approval thereof rules, on the request of the responsible executive. by the commission." This is the only instance in which a board or commission is formally charged with 2. Receive and review agency proposals, holding the review, and approval or rejection, of agency pre- public hearings as necessary. pared rules. Interestingly, here the commission's de- Recommend adoption to the responsible executive cision would appear to be final, whereas on matters with such modifications as judged desirable. of "policy" the Director's will prevails. The Administrative Procedures Act sets forth the ADMINISTRATIVE ADJUDICATION procedures to be followed in the enactment by State Plural bodies are often given quasi-judicial respon- Government agencies of regulations, therein defined sibilities as a citizen protection, more readily available to include "rules, regulations, orders, or standards of than the courts, against arbitrary or unduly harsh general application." An exception is made of rules executive action. Similar responsibilities are also fre- for the internal management of an agency. The Act quently assigned to special hearings officers or to sen- --- Page 15 --- 15 THE ROLE OF PLURAL BODIES Conclusions ior executive officials, hearing appeals from actions A plural body can perform a useful service in hear- taken by subordinate officials. Procedures employed by ing appeals from certain kinds of administrative ac- plural bodies in the performance of this adjudicative tions. These would include: actions having an imme- function vary from the highly formalized, approach- diate pecuniary or economic impact on an individual, ing regular court proceedings, to quite informal meet- as the revocation of a license; situations in which ings at which contesting parties are heard in an effort considerable discretion can be exercised in interpret- to bring about an acceptable agreement. This use of a ing the law or regulations; and cases in which access plural body, in preference to a single official, assumes to the courts by the citizen is not feasible by reason —rightly or not—there will result more deliberate and balanced judgment with less likelihood of arbitrari- of time or cost. ness. Recommendations Present Practice in the Resource Agency When a board or commission is assigned adjudica- tive duties, it is recommended that the following stip- The boards and commissions in the Resources Agency are not extensively engaged in adjudication. ulations, wherever possible, be made: There are several important and a few minor excep- 1. The procedures set forth in the Administrative tions. The Water Rights Board, for example, is almost Procedures Act be observed to the maximum exclusively concerned with the judging of water feasible extent, even though the law permits an rights, which in California are of critical importance. exemption. Proceedings before this body are formal and decisions 2. A Hearings Officer hears cases and presents the are administratively final—subject, as always, to ap- record with findings and recommendations to the peal to the courts. Another type of adjudication is board for its consideration. that performed by the Board of Forestry in hearing 3. Any member of a board hearing a case in which and deciding appeals from findings of the State For- he has any direct or pecuniary interest be dis- ester that a particular logging operation violates es- qualified from participation. tablished forest practice rules. A second example of 4. Majority membership of a board having adju- this type is the hearing and deciding by the District dicative functions not be from the special inter- Oil and Gas Commissioners of appeals brought by ests being regulated or benefitted. (The problem private oil companies from orders of the Oil and Gas of special interest representation is discussed in Division to comply with State Code provisions gov- erning their operations. An interesting feature here Chapter III of this report.) is that the Commissioners are officials of and elected by the companies which are being regulated and which ALLOCATION OF FUNDS are the appellants. In recent years there has been a marked increase A two-level appeals procedure applies in connection in the amount of public monies distributed, as loans with the Regional Water Pollution Control Boards or grants, from federal to state and from state to and the State Water Quality Control Board. Dis- local governments. This trend can be expected to con- chargers may be heard by Regional Boards on the tinue at an accelerated pace. Often these funds are waste discharge requirements set for them, with Re- appropriated by legislative bodies in lump sum, to gional Board decisions subject to review by the State be allocated to local public agencies by projects and Board on appeal or on the latter's initiative. according to specified criteria. Since all requests can rarely be met, someone must judge relative merits Finally, the Reclamation Board adjudicates, admin- and set priorities. Boards and commissions frequently istratively, a variety of issues between its staff, local are assigned this function for two closely related flood control districts, and property owners. reasons: (1) this is a quasi-legislative action in lieu The Administrative Procedures Act prescribes an of line-item budgeting, and (2) a plural body can excellent system of administrative adjudication, in- better withstand or respond to pressures of a political cluding the use of professional Hearings Officers. It nature. For the same reasons, boards and commissions specifically names the State agencies required to ob- are often entrusted by legislative bodies with the in- serve the system, the only ones in the Resources ternal allocation of funds to specific projects and Agency being the State Geologist, Fish and Game activities from a single appropriation, particularly Commission, Department of Conservation, and the for capital improvement projects. Department of Water Resources in the revocation of licenses to make or prevent rain. Other Resources Present Practice in the Resources Agency Agency units are exempt from the system, which pre- At least ten of the existing plural bodies in the scribes, in addition to the use of Hearing Officers, pro- Resources Agency participate in the allocation of cedures for the entire adjudication process to assure funds. In some instances the selection of priority proj- a fair and orderly hearing. Such exemptions do not ects to receive loans or grants is the sole or primary reflect any constant pattern or logic. Agencies covered function of the body. This is true of the Soil Con- by the act have the option of themselves conducting servation Commission, which allocates both federal the hearing using a Hearings Officer as an adviser, or and state funds to local conservation districts for having him conduct it. In either instance his holdings specific projects, and the Wildlife Conservation are advisory. --- Page 16 --- 16 RESOURCES AGENCY—BOARDS AND COMMISSIONS Board, which allocates funds for both state and local cause for the creation of a new body solely for one projects. Prior to the current year, the Soil Conserva- such purpose. These latter, special purpose bodies tion Board received a lump sum appropriation, but range from interstate compact commissions—sepa- under a new policy it will recommend projects and rately discussed in this report—which may engage in amounts for specific legislative appropriation. The long-term compact negotiation to ad hoc investigative Small Craft Harbors Commission administers a pro- or study groups established to examine a specific prob- gram of loans and grants to local public agencies for iem, report on it, and disband. Such bodies exist in 47 harbor development. infinite variety. 1,90 Both the California Water Commission and the ÷ Present Practice in the Resource Agency State Water Quality Control Board allocate or ap- 13 prove the allocation of funds—both by loan and grant A majority of the plural bodies in the Resources 1.2 —to local jurisdictions for water development and Agency do from time to time engage in special studies 15 quality control projects, although this is not a major of specific subject matter areas from which conclu- function of either body. Several boards and commis- sions are drawn and recommendations made. These Q, sions distribute funds for research projects under- contribute to the body's capacity to render policy ad- 1.7 taken by state agencies, universities, or others under vice. Such activities or studies may be assigned by contract. Finally, a board may have authority to con- legislative or executive authority or may be under- trol internal agency allocations as in the case of the taken on a board's own initiative. State Park Board approving individual park land In the Resources Agency there are several plural purchases from a single appropriation for this pur- bodies, other than the interstate compact commissions, pose. that fall in the special, single purpose category. The Youth Conservation and Training Board is illustra- Recommendations tive of one type; it is directing a pilot effort in a new The following criteria are proposed for board or program area for an approximate two-year period set commission participation in the allocation of funds: by legislation. The Historical Landmarks and the Rid- ing and Hiking Trails Advisory Committees were each 1. Loans or grants to local public jurisdictions be given a single, restricted, and specific function, as provided in accordance with a program plan de- were the Marine Research Committee and the Mount veloped by agency staff with board or commission San Jacinto Winter Park Authority. consultation. Priorities should be set by staff Another group of the present bodies operating with- recommendation with board approval. These in restricted functional or geographic areas seem to should be presented with annual budget submis- have been created to meet a special need at the time sions in support of funds requested for alloca- and have successfully resisted subsequent integration tion. into broader-based organizational entities. One ready In the internal allocation of monies for state example is the Reclamation Board, created in 1911 to agency projects or activities the procedure cope with a flood control problem in a specific area, outlined in Item 1 be followed unless unusual but continuing today despite the subsequent creation circumstances require otherwise—emergencies, of statewide water plans, programs, and administering confidentiality, etc.—in which cases a board or agencies. This is also the case of the Colorado River commission would allocate on the basis of agency Board. To a somewhat lesser extent, the Small Craft recommendations. Harbors Commission and the Wildlife Conservation 3. No board member having any official relation- Board illustrate the same approach, each concerned ship with any agency requesting an allocation of with but a single element of a much broader program. funds participate in the consideration of that Recommendations request. The following criteria should guide the future crea- OTHER FUNCTIONS tion of single purpose or special function bodies: A potpouri of miscellaneous functions are from 1. A definite time limit should be set after which time to time assigned boards and commissions. Most the body would be dissolved and, as necessary, common among these are directives to study, review, investigate, and report on a particular subject or the function absorbed by the appropriate perma- problem. Other bodies are charged with the conduct nent agency. of negotiations, as are certain of the interstate com- 2. Care should be exercised not to cause overlap or pact commissions. Still others participate in the initi- conflict with existing broader based boards or ation of a new program or activity, perhaps on a pilot commissions in the same subject area. basis, not yet ready to become a permanent element of 3. Whenever possible, one-time study-and-report re- a going program. sponsibilities should be assigned to existing These may be assigned to an already existing board bodies rather than creating new ones for such or commission as an additional function or may be purpose. --- Page 17 --- • III. ORGANIZATION AND OPERATIONS veals, excluding the three water compact commissions, The preceding chapter dealt only with the questions twelve plural bodies have 5 members, three have 9, two of when to establish boards and commissions and what have 3, one has 6, and one has 14. Members of ten of functions to assign them. Once those decisions are the bodies serve for indefinite terms, six for three- made, questions of board membership, staff services to year overlapping terms, two for four-year terms that be provided, relationship of the board to the regular do not overlap, and one for six-year overlapping executive department, and the like require answering. terms. Although there is no consistency, the most In this Chapter criteria for resolving these questions common arrangement is the seven-member group with are proposed. four-year overlapping terms. CREATION AND MEMBERSHIP Compensation. Of the boards and commissions in the Resources Agency only the Water Rights Board All of the plural bodies included in this study were members draw regular salaries. Since these are in created by the Legislature, often but by no means excess of $20,000 per annum, it must be assumed the always on the recommendation of the executive. One members are expected to devote substantially their full body, the Fish and Game Commission, was created by time to Board duties. Members of ten other bodies statute and later (1940) accorded constitutional receive per diem amounts ranging from $10 to $50, in status. A great many ad hoc, technical, coordinating, addition to expenses. The remainder are entitled only and otherwise designated plural bodies have been to actual expenses—costs of transportation plus the established by executive action—Governor, agency ad- modest expense allowance of $21 per day while away ministrator, department director, or division chief. from place of residence on official business. There is Although these were not covered in the present study, no meaningful relationship between type of board their proliferation throughout the executive branch (function) and compensation practices. constitutes a problem of such magnitude that certain observations regarding them are made herein. Such Member Qualifications. More than three-quarters bodies will be included in future studies by this com- of the plural bodies associated with the Resources mission on this subject. Agency have specifically prescribed legislative require- ments for membership (only 9 of the 41 do not). In Present Practice in the Resources Agency twenty-three instances these requirements are for spe- Appointment. In nearly all instances, members of cial clientele interest or industry representation, in statutory boards and commissions are appointed by four they are for special knowledge or skills, and sev- the Governor. The six District Oil and Gas Boards eral are ex officio. Geographic representation is speci- represent the exception, with board members elected fied for only three of the bodies having statewide by the clientele public. Senate confirmation is required jurisdiction, but nineteen are district bodies and, in eight cases, six being bodies with important policy therefore, geographic by their nature. formulation responsibilities. (See Exhibit IV on the Present practice as reflected in existing Resources page following.) There is an identifiable pattern here. Agency boards and commissions does not therefore Although there are exceptions, it has been usual leg- present any discernible pattern. Some are constituted islative practice: to require senate confirmation of entirely of representatives of the most affected inter- only those of the Governor's appointees who will be ests—such as the District Oil and Gas Commissions, formulating policy; to permit the Governor to appoint District Forest Practices Committees, Reclamation those bodies created to perform or participate in a Board, Colorado River Board, State Mining Board, specific governmental activity which the Legislature and others. This composition is usually specified by has decided should not be entrusted exclusively to a law, but may simply reflect traditional practice. Some regular governmental agency; and, to permit the Gov- bodies are deliberately, by law or practices, comprised ernor to appoint those people who will be advising of members representing diverse—and at least poten- him or his agents in program administration. tially competing-interests. A ready illustration is Legislation is generally silent on the conditions un- the State Board of Forestry on which there are re- der which a board member can be removed, other than quired to be representatives of logging operators, tim- expiration of his term of office. In several instances ber land owners, agriculture, range livestock, water such can occur, for cause, by joint resolution of the users, and the public-at-large. In the case of certain Legislature. commissions the legislation simply stipulates that the Number of Members and Tenure. There is no rela- members have general knowledge of or interest in the tionship between the function performed by a plural subject areas, as the State Water Commission. In body and the number of members or their terms of others the law stipulates specific geographic represen- office. Approximately one-half of the presently exist- tation, and in still others no mention is made of any ing bodies are comprised of seven members, and on specific type of interest representation. The combina- nearly one-half (but not the same ones) members serve tions are without limit. for four-year overlapping terms. As Exhibit IV re- (17) --- Page 18 --- 18 RESOURCES AGENCY—BOARDS AND COMMISSIONS EXHIBIT IV COMPOSITION OF RESOURCES AGENCY PLURAL BODIES STATE OF CALIFORNIA January 1965 Title Members Term Appointed by Representation Qualifications State Board of Forestry_____ 7 4-year, Governor, with Senate Various Industry (5); Overlapping confirmation public (1) District Forest Practices Committees (4)____ 5 Indefinite Governor (4): Board Industry and land owners of Forestry (1) State Mining Board _____ 5 4-year. Governor, with Senate Mining industry ... Overlapping confirmation District Oil and Gas Commissions (6) 5 - 3-year, Elected Oil and gas industry Overlapping State Soil Conservation Commission 7 4-year Governor, with Senate District directors (5); confirmation Agriculture (2) Fish and Game Commission 5 6-year, Governor, with Senate None Overlapping confirmation Pacific Marine Fisheries Commission _____ 3 6 4-year Governor, with Senate Ex officio (1); Legis. (1); confirmation Citizen (1) Marine Research Committee 9 4-year, ` Governor Industry (5); Labor (1); Overlapping Sports (1); Citizen (2) Wildlife Conservation Board 3 Indefinite Governor Ex Officio State Park Commission 7 4-year, Governor, with Senate Interested citizens; Overlapping confirmation geographic coverage Recreation Commission 7 4-year, Governor None Overlapping Small Craft Harbors Commission 7 4-уеаг, Governor, with Senate None Overlapping confirmation California Riding and Hiking Trails Advisory Commission 7 Indefinite Governor None Historical Landmarks Advisory Commission... 7 Indefinite Governor None Mt. San Jacinto Winter Park Authority ____ 7 4-year. Governor (3); County None Overlapping (2); City (2) California Water Commission 9 4-year, Governor, with Senate Knowledge, interest, or ex- Overlapping confirmation perience; geographic coverage Reclamation Board _____ 7 Indefinite Governor None Regional Pollution Control Boards (9) _____ 7 4-year, Governor City, County, water, sewage, Overlapping recreation, public State Water Quality Control Board _____ 14 4-year. Governor (9); City, County, water, sewage Overlapping Ex Officio (5) State Water Rights Board 8 4-year. Governor, with Senate Attorney (1); civil Overlapping confirmation engineer (1) Colorado River Board в Indefinite Governor Local Colorado River user agencies California-Nevada Compact Commission ____ 7 5 Indefinite Governor Geographic (6); Ex Officio (1) Klamath River Compact Commission _____ 1 1 Indefinite Governor Ex Officio Goose Lake Compact Commission 5 5 Indefinite Governor (3); None Legislature (2) Except that one district has ? California members-other states are also represented ٠. Nor is there any consistency between the degree of so. This is basic to the question of what purposes such special interest representation and the function or bodies are to serve. Since all commissions do not serve role of the commission. Those that are so dominated the same purpose, it follows that no one answer can be range from administrative, through policy formula- offered. It would be unrealistic to expect that every tion, to quasijudicial; some advise, others direct or member of every commission would represent the pub- decide. It should be noted that in addition to those lic-at-large; or, conversely, that no member of a com- bodies deliberately constituted to give majority con- mission have any kind of a "beneficiary" interest in trol to beneficiary interests, others have in practice the activity or program with which the commission very nearly become "captives" of their clientele. is concerned, other than that of an ordinary citizen There is more controversy surrounding the question of the State. The problem is one of identifying the of special interest representation on boards and com- circumstances under which such interest representa- missions than any other single issue, and, justifiably tion is desirable, permissible, or unwise. --- Page 19 --- 19 ORGANIZATION AND OPERATIONS qualified board members to become involved in what Recommendations ought to be staff activities, such qualifications should Appointment. The appointing authority for mem- be imposed with caution and normally should apply bership on all statutory boards and commissions in to less than a majority of the members of any body. the executive branch should normally be lodged with Board or commission members should therefore be the Governor, as Chief Executive. This is essential selected first on their ability to represent the general to the fixing of executive responsibility. Confirmation public interest and render balanced judgments and by the Senate may but need not be required. It is, on only secondarily on their special knowledge of the the other hand, appropriate for the authorizing leg- subject area. islation to specify the number of members, their In many situations it is desirable, or even necessary, terms of office, and general qualifications or interests that members be selected from special interest groups. to be represented. It is possible that such members can be motivated by Number of Members. In considering the optimum a desire to serve the public interest generally; they may also actively "represent" the special interests of size of a plural body, there is no magic number. Pres- ent common practice of having seven members is quite their group. This distinction is not easily drawn. The reasonable, particularly when the body is involved in extreme cases of, for example, an industry exploiting the policy formulation or rule-making processes, as an important resource under a self-regulating ar- most are. Lesser numbers—three or five—are recom- rangement disguised as public control can readily be mended for quasi-judicial or single purpose bodies. identified. The case is not often this clear. In deter- More than seven is not advised, unless a number of mining the extent to which special interests or clien- important and distinct interests or groups must be tele groups are to be represented, it is recommended represented. The larger a body, the more it is apt to that the following criteria be applied: be dominated by one or several of its members or 1. Extent of Representation. Except in unusual divide itself into committees. circumstances a majority of a body should not The number of members is in no way related to the be representatives of a special interest group or volume of work of a board. If a board finds it cannot groups, and never the entire membership. keep up with its work load, it should look to staff (or 2. Primary Function or Role. If the commission Hearing Officers) for assistance. In most instances has authority to set public policy, make admin- resort to committees is not a satisfactory alternative. istrative decisions, allocate public funds, or enact Tenure. Assuming boards and commissions are not regulations having the force of law, the inclusion assigned administrative functions, in the interests of of members who might directly benefit from com- continuity and informed judgment the terms of mem- mission actions would be more hazardous than, bers should be reasonably long with provision for for example, on a commission which serves in a overlap. The constitutional four-year maximum should technical advisory role. A commission may be normally be considered minimum. On the other hand, created to articulate the feelings of a particular to avoid domination of bodies by individual members industry or citizen group, in which case these and their acquisition of bureaucratic expertness, interests should be represented. there should be reasonable turnover of board member- 3. Need for Specialized Knowledge. If commission ship. It is therefore recommended that two terms members are expected to have informed opinions should—except in unusual circumstances—be consid- on the particular subject matter and review staff ered the limit. In all cases a definite term should be recommendations which are of a predominantly fixed. This is not true of several present bodies. professional or technical nature, they must have specialized training or experience. This often Compensation. The State need not compensate means they will have some direct beneficiary in- members of plural bodies. Most persons qualified to terest, which would lessen their objectivity. serve on these bodies not only do not expect compen- sation but welcome the opportunity for service. It is 4. Variety of Special Interests. If there exist sev- important however that they be fully reimbursed for eral distinct and at least potentially competitive all expenses incurred as board members. This includes interest groups, they may more safely be repre- travel, communications, and an ample per diem to sented than if the special interests are concen- cover lodgings, meals, and incidental expenses while trated and complementary. In the former case, away from their normal place of residence on official a commission offers a forum for airing and com- business. It is recommended that no compensation promising competing interests; in the latter it other than this be granted. simply becomes a spokesman for the most bene- fitted groups. Member Qualifications. Ideally a board member is an unselfishly motivated, broad-gaged person of dem- 5. Need for Public Cooperation. To varying de- onstrated sound judgment. To these basic qualities grees, commissions have value and importance as can, as necessary, be added special qualifications; for bridges between government and particular in- example, training or experience of a particular kind, dustries or segments of the public. By reasonable such as engineering, legal, business, or labor organiza- representation, the understanding, cooperation, tion. These should simply permit a board member and desirable support of these interests in the having the basic qualities to make more informed enforcement of a public program can and should judgments. Because of the tendency of technically thus be obtained. --- Page 20 --- RESOURCES AGENCY—BOARDS AND COMMISSIONS 20 Present Practice Geographic Area Interests. Aside from provid- ing geographic representation of a very broad The several reorganizations which have in recent and general nature, restraint should be exercised years altered the organizational structure for the exe- in attempting to represent specific areas. In a cution of programs now assigned the Resources state of as great a size and varied topography as Agency have left the status of many of the boards California a diversity of interests based on geog- and commissions ill-defined. The introduction of the raphy can be expected. These can be strongly Agency Plan alters traditional alignments, the extent held and pursued, at times to the detriment of to which is not yet clear. Most boards or commissions the general good of all citizens of the State. In are attached to a department, until recently a sepa- many instances these competing local or area in- rate organizational entity of cabinet status, or a divi- terests are natural and wholesome and would sion, one rung lower on the status ladder. Now the deserve appropriate representation on a com- Agency Administrator has been introduced in the mission with statewide responsibilities. In other line-of-authority with the task of coordinating the cases these interests are divisive and their ill- efforts of several departments. The officials with whom effects can be increased by being given recogni- the boards and commissions have direct relations—to tion. Experience in the Resources Agency has advise or guide—are now administratively answerable pointed to the danger of giving excessive atten- to another executive officer, other than the Governor tion to area interests, and at the same time to the who appoints the board members. difficulty—politically—of ignoring them. At present none of the statutory plural bodies in Non-Statutory Bodies. It is mistakenly thought the Resources Agency directly advises or guides the that non-statutory boards and commissions pose little Agency Administrator. The actual point of tie-in to the regular executive structure is clear only in a few problem since they can be created, modified, and abolished by simple executive action. The truth is that instances. Only the California Water Commission and although they are easily created, they quite often get the Fish and Game Commission have a department- out of hand and are not at all easy to dissolve. There wide jurisdiction or concern. Other central bodies- is such a proliferation of these bodies at all levels in as distinguished from regional—are generally linked to a division within a department; illustrations in- the executive branch they probably confuse its struc- clude the State Board of Forestry, the State Mining ture and operations as much as do the statutory Board, and the Soil Conservation Commission, all bodies. They are effective vehicles for diffusion, delay, within the Conservation Department. In all these lat- and inaction, should an official wish to so use them. ter instances the board or commission does not engage Most of the recommended criteria for measuring the a staff of its own but relies on the associated depart- need for and role of statutory bodies presented in this ment or division for staff assistance. report should be applied to non-statutory bodies as Several of the special or single purpose bodies in well. It is also recommended that members of such the water resources area are organizational entities bodies concerned with matters of inter-agency scope be loosely bound to the Department of Water Resources. appointed by the Governor and all others by the ap- The attachment is not always acknowledged and na- propriate Agency Administrator. It is the intent of this Commission to conduct an analysis of such bodies ture of the binding is not clear. similar in scope to this study. The Reclamation Board, Water Rights Board, and Water Quality Control Board engage their own staffs ORGANIZATIONAL STATUS and function with autonomy. In the case of the Water Rights Board, an adjudicative body, such would seem The difficulties encountered in identifying what essential. The Regional Water Pollution Control plural bodies presently exist within the Resources Boards, although nominally under the State Water Agency is indicative of the confused organizational Quality Control Board and within the Department status of boards and commissions generally. The of Water Resources, are in effect local autonomous terms "board" and "commission" as used herein re- enclaves. The Colorado River Board and the Mount fer to those considered to be in the executive branch; San Jacinto Winter Park Authority for all practical these bodies must therefore be "located" organiza- purposes are outside the Agency aegis and in practice tionally. Those few which are in law and fact the outside the State Government structure. All of these executive authority in their subject area-as the Rec- bodies engage staff-office and technical-and direct lamation Board—are indistinguishable from the or- their activities. In size these staff organizations range ganizational entity they head. Most, however, are from several up to nearly 100 employees. somehow a part of or attached to an executive de- One means of tying a plural body to the executive partment or division in which general executive au- organization is by statutory designation of a depart- thority rests with the officer heading that unit. The ment or division head as executive secretary or execu- nature of the link holding a plural body to the execu- tive officer of the body. This arrangement exists with tive branch structure is important to the maintenance nearly all of the bodies in the Conservation and Parks of clear lines of authority and responsibility. A some- and Recreation Departments. Ex officio membership what secondary yet significant question is that of is employed for much the same reason in several in- stances—the Director of Water Resources is a mem- how plural bodies are to be provided the staff assist- ber of the Water Quality Control Board and the ance they require for effective performance. --- Page 21 --- 21 ORGANIZATION AND OPERATIONS or matters of agency-wide impact, convene as an ad- Director of Fish and Game sits on the Wildlife Con- visory body to him the Chairmen of the several boards servation Board. and Commissions within the agency having policy As noted above, several boards engage their own formulation responsibilities in particular program technical and office staff, usually under state civil areas. service provisions, except for their executive secre- taries who commonly are in the exempt category. Sev- INTERSTATE BODIES eral other bodies engage only a secretary and the Plural bodies created to undertake or further co- remainder are served by agency personnel. operative action between California and neighboring states require special comment. Cooperative action Recommendations In defining the desired organizational status of among states to achieve regional solutions to govern- mental problems will increasingly be sought, both be- plural bodies in the executive branch the primary consideration should be the encouragement of respon- cause this approach makes administrative sense and sible and responsive executive action. The point is because failure to do so will inevitably lead to in- stressed throughout this report that plural bodies are creased federal intervention. most effective in policy formulation and least useful There are peculiarities to these bodies which dis- in the administrative area. Generally therefore they tinguish them from the others now under study. Be- should be tied in at the point at which executive cause of their interstate character, decisions as to officials are deciding policy matters, not in line-of- when and how they are to be created and for what authority, not at low organizational levels, and not in purpose are matters to be negotiated and agreed a vacuum of autonomy. The following suggested cri- upon by representatives of two or more states. Those teria are intended to contribute to that broad ob- bodies created to implement or administer a compact are created by the compact itself and normally have jective. interstate membership. Certain of the recommenda- 1. Statutory bodies involved in policy formulation tions made herein can be acted upon by the State of should be advisory to the department for speci- California, but others are more in the nature of ob- fied program or activities, not merely to a par- jectives to be sought in negotiations in which Cali- ticular official or sub-division of a department. fornia is but one of several parties. 2. The department head should maintain direct In the furtherance of programs of the Resources liaison with each plural body attached to his Agency, interstate bodies have been used primarily in department. His designee, normally the head of seeking the equitable division of water in interstate the most concerned division, would be respon- river systems. There are currently three such bodies: ble for normal board-department operations and one administrating a compact, another negotiating the provision of staff assistance. one, and the third lying dormant. The only other such 3. The department to which a board or commission group in the Agency is the Pacific Marine Fisheries is attached should be required to provide all Commission which administers a four-state compact necessary technical and secretarial staff assist- concerned with ocean fisheries. These constitute a very ance. limited sampling of the variety of interstate bodies 4. Boards or commissions with heavy workloads found in State Government. may be authorized to engage a secretary to han- dle correspondence, confidential documents, and Functions These bodies are almost always created for one of related secretarial matters. two purposes: either to negotiate a compact with simi- 5. Plural bodies should not employ or direct admin- larly constituted groups from one or more adjacent istrative, technical, or office personnel, other than states, or to oversee the joint execution of such a com- as noted in Item 4, above. pact once it has been agreed upon. The negotiating Occasional exceptions to the above criteria will be bodies of the concerned states, if and when they reach necessary. One illustration in the Resources Agency- agreement, recommend a compact to their respective and the only one for which the justification is persua- state legislatures for adoption. This done, approval of sive—is the Water Rights Board which at times is the Congress is sought, as required by the United adjudicating disputed claims between state agencies, States Constitution. Such a compact will include local public jurisdictions, and private persons. necessary provisions for its execution, which fre- In unusual circumstances a board or commission quently, but not always, means an administering com- will wish advice from or consultation with some exter- mission on which are represented the contracting nal source, normally in relation to substantive matters states. of program content or operations. Such would best be Composition obtained on contract. It is recommended that an ap- A "negotiating commission" may be comprised of propriation be made to the Office of Agency Admin- any combination of concerned executive officials serv- istrator for this use. A board or commission would ing ex officio, legislators, and private citizens ap- request of the Administrator the allocation of needed pointed solely for this purpose. The California-Nevada funds for each such specific project. Compact Commission, for example, has citizen-ap- It is also recommended that an Agency Adminis- pointee members, and the Goose Lake Compact Com- trator, when wishing consultation or advice on policies --- Page 22 --- RESOURCES AGENCY—BOARDS AND COMMISSIONS 22 mission has a combination of citizen and executive, ex mendations presented herein and other appropriate officio, members. It is fairly common practice to have sources. It also should decide or advise on initiating negotiations with neighboring states on problems of legislative representation on negotiating commissions, common concern. and frequently a non-voting U.S. Government repre- sentative is included since federal cooperation is usu- Compact Negotiations. The use of a commission— ally involved and, of course, Congressional approval as distinguished from an individual—to represent the required. Commissions established to execute or ad- State in the negotiation of compacts is recommended. minister an approved compact are somewhat more Preferably, the body would include both gubernato- commonly comprised of ex-officio members, although rial appointees and informed representatives of each this is true of only one such body covered in the pres- house of the Legislature. Commission members should ent study (Klamath River Compact Commission). not represent narrow geographic or special interests, Here too, the presence of a federal representative is but the entire state and the broadest general public common. California's members on the Pacific Marine interest. There have been examples—none current in Fisheries Commission consist of the Director of Fish California—of failure to achieve desirable interstate and Game, one Legislator, and one citizen-appointee. cooperation because of narrow interest representation. The negotiating commission need not be created by Since a group negotiating a compact is presumed formal legislation act; but if it is, a definite time limit to be concerned with developing policy for subsequent should be fixed and specific provision made for disso- legislative enactment, the case has been made for a lution of the commission upon approval or rejection relatively broad interest representation. This argu- of the proposed compact. Should an agreement not ment does not necessarily have the same force for be reached within the time limit set, an extension bodies engaged in executing a compact in which policy could be considered in light of then-existing circum- considerations have already been resolved. stances. Operations A negotiating commission should be provided neces- A compact negotiating commission does not pose sary technical and secretarial staff assistance by that any particular operating problems. This does not mean department most concerned with the subject under that its job is an easy one-the California-Nevada negotiation. Needed funds should be budgeted for this Commission is in its ninth year of difficult negotia- purpose to assure that such assistance is provided. tions. Normally the group representing each state Compact Administration. The execution or admin- develops that state's position on each issue and comes istration of an interstate compact requires different together with their counterparts, from time to time, talents—and organizational arrangements—than its seeking agreement. They may have their own staffs, negotiation. The compact itself must provide for this. but more commonly look to the appropriate State It is recommended that wherever feasible responsibil- agency for technical and/or clerical staff assistance. ity for compact execution be placed in the department Public hearings are frequently employed to obtain of State Government most concerned, which would divergent views and expressions from interested per- have the authority and staff best able to carry out the sons, groups, or agencies. A compact negotiating compact terms within the State, or in a body attached commission is considered to have a responsibility to thereto. To keep the interstate body to reasonable size, explain the proposed compact terms to the executive each state's membership should be kept to the fewest and legislative authorities; this done, its job is com- possible—frequently one will suffice. Unlike a nego- tiating commission, a body charged with compact exe- pleted. cution need not and ordinarily should not include Recommendations legislative members. Interstate cooperation will become increasingly im- In some instances a staff will be needed to serve the portant in the years ahead. This will commonly take interstate commission. Such a staff may be employed the form of interstate agreements or compacts which directly by the commission or provided by one of the must be negoiated, adopted, and executed. To assure states; in either case costs should be equitably shared maximum protection and furtherance of the interests by the member states. of her citizens, the State of California must give care- Special Comment. Since in the negotiation and ful attention to how the State shall be represented in execution of compacts two or more states are involved, these interstate dealings. General governing policies there will be compromise on how the commissions are should be adopted and a systematic approach taken. to be constituted and are to function. The above rec- It should be noted that there now exists within the ommendations represent the arrangements California should seek, but may not always obtain. This is espe- State Government an agency having general respon- cially true in respect to compact administration. It sibility in this area. This is the Commission on Inter- should also be repeated that the compact commissions state Cooperation, comprised of seven representatives in the Resources Agency do not provide a representa- each of the Senate, Assembly, and Executive Branch. Logically, this body should coordinate efforts in this tion of the various types of such hodies adequate for the development of specific criteria. area and evolve needed general policy based on recom- --- Page 23 --- IV. RESOURCES AGENCY BODIES-FINDINGS AND RECOMMENDATIONS Organizations This Chapter presents specific proposals aimed at The Commission is comprised of nine members ap- increasing the usefulness of plural bodies in the Re- pointed by the Governor, with Senate confirmation, for sources Agency. The present organization and func- four-year overlapping terms. The State Code stipu- tions of each existing body are described and, apply- lates that in the selection of members their knowledge, ing the criteria set forth earlier, recommendations are interest, and experience in water control or use are to made in each case. It is important to note that indi- be considered, that an engineering background would vidual boards and commissions cannot be viewed in be desirable, and that all parts of the State be repre- isolation from the others (or from the regular execu- sented. Members receive fifty dollars per meeting day, tive departments). Frequently the functions of two or more are so closely related that consolidations or plus travel expenses. functional realignments are needed. As a minimum, The Commission engages an Executive Secretary, therefore, in deciding whether to act on the recom- exempt from civil service, but relies on the Depart- mendations affecting one body, those pertaining to the ment of Water Resources for technical and clerical other bodies in the same subject area-water, parks staff, which the Department is by law required to and recreation, conservation, or fish and game- furnish. should be considered. Further, this is an agency-wide A member can be removed from the Commission plan for management improvement, thus the extent only by concurrent resolution of both houses of the to which the existence of forty plural bodies, con- Legislature. forming to no particular pattern, complicates the ad- ministration of a broad resource development pro- Operations gram must not be overlooked. In many instances rec- The Water Commission offers a forum for the ex- ommendations affecting particular boards or commis- pression of views and interests by the many private sions can be acted upon singly, as opportunities arise. groups and public agencies-Federal, State, and local Such actions should however be related to and con- -concerned with water conservation and usage. This sistent with the broader objectives sought. is done through public hearings called by the Commis- sion to obtain reactions to proposed policies or projects CALIFORNIA WATER COMMISSION connected with the State Water Plan. Through this Functions device the record is built against which proposals can The functions of the California Water Commission be tested and recommendations formulated. Major policy conflicts between the Commission and the De- are to: partment of Water Resources have been avoided, thus Advise the Director of the Department of Water it has not been necessary to apply a procedure set Resources-on his request, or on Commission ini- forth in the Code for the reporting by both the De- tiative-regarding any matters or subjects com- partment and the Commission of disagreements to the ing under his jurisdiction. 2. Approve Water Resources Department rules and Governor and Legislature. regulations intended for public observance—as The Commission meets an average of once a month distinguished from internal departmental regula- and uses committees to study particular issues. Be- tions which do not require Commission approval. cause of the extreme importance of water to both 3. Receive and approve or reject applications from urban-industrial and agricultural growth in Califor- both public and private users for the appropria- nia, and the many competing using interests, meetings tion or unappropriated waters, or the release of are well attended. The planned export of water from the northern to southern sections of the State has in- state-held priorities thereto. 4. Approve Director of Water Resources declara- tensified interest in Commission affairs. tions of public interest and necessity prior to The Commission's role in the consideration of ap- eminent domain proceeding to take land for proj- plications for the appropriation of unappropriated ects within the State's Water Plan. waters on which the State has filed, is to assure that Approve loans and grants to local public agencies the intended use is consistent with the State Water for water development purposes (Davis-Grunsky Plan. After the Commission approves an application, the water right requested must be granted (perfected) Act). by the Water Rights Board. The latter body considers The Commission also seeks to coordinate the efforts the application in toto, accepting only the Water of various state and local bodies in the presentation of Commission's finding as to consistency with the Water the State's needs for Federal financed water conser- Plan. Should the applicant wish at a later time to alter vation projects. his planned use, he must obtain the approval of both Commission functions therefore embrace policy rec- the Water Commission and the Water Rights Board. ommendation, approval of rules, review of specific --- Page 24 --- 24 RESOURCES AGENCY—BOARDS AND COMMISSIONS changes in use, occupies much of the time of the Com- Applying the general criteria proposed earlier in mission. respect to plural body composition, the Commission Action by the Commission in the approval of the membership should be reduced to seven members. Be- declarations of public interest and necessity made by cause of its size and involvement in such incidental the Director of Water Resources prior to proceedings activities as appropriation of unappropriated waters, in eminent domain is routine or ministerial in nature. the Commission has resorted to the Committee system. The Commission will naturally assume the property With the implementation of the above recommenda- to be taken is needed. It is possible that the provision tions this practice will no longer be necessary. Future for this review by the Commission gives the public an appointments to the Commission should assure repre- added assurance that only the necessary property is sentation of water quality interests, including at least taken. Similarly, the requirement of Commission ap- one physician of public health orientation, and waste proval of the loan and grant fund allocations is in dischargers. keeping with the general practice in State Govern- ment in the distribution of such funds by plural STATE WATER QUALITY CONTROL BOARD bodies. Functions Special Considerations The State Water Quality Control Board has as its The California Water Commission in its policy primary responsibility the formulation and adoption advisory role is the broadest based of the many plural of statewide policy for the control of water pollution bodies in some way involved in the State's water pro- and water quality. Incidental to this, the Board has grams. To this primary function have been added re- appellate jurisdiction on decisions of the Regional sponsibilities of an incidental nature, probably better Water Pollution Control Boards, as well as a measure entrusted to the Water Resources Department. At the of administrative control over them. It also controls same time, the existence of the State Water Quality certain loans and grants to local public jurisdictions Control Board and the Regional Boards removes from for pollution control facilities. From the Board's cre- Commission concern an important and actually insep- ation in 1949 until 1963 it was concerned only with arable element of water resource development. The control of pollution from industrial and domestic continuation of the Reclamation Board adds a fur- waste. Legislation in 1963 broadened its authority ther complication. The creation of the Water Re- to cover any and all factors affecting water quality. sources Department sought to pull together and give The regional boards still are restricted to control over emphasis to water programs and needs. The same kind pollution by industrial and domestic waste only. of pulling together of the functions performed by the Organizations several plural bodies in this subject area is now needed. The California Water Commission would seem The Board is comprised of five ex officio members- to be the logical vehicle for accomplishing this ob- the Directors of the Departments of Water Resources, jective. Public Health, Conservation, Agriculture, and Fish and Game-and nine citizen members, one represent- Recommendations ing each of the following: irrigated agriculture, do- It is recommended that the California Water Com- mestic water supply, industrial water use, recreation mission be given an enlarged role in the formulation and wildlife, production of industrial waste, public of policies governing the State's water programs, as sewage disposal, city government, county government, the overall advisory body in this area. It should also and the public-at-large. The appointive members are be relieved of several present functions which are of named by the Governor for four-year overlapping an administrative or operational nature. Specifically, terms and serve without compensation. The Board it is recommended that the Commission: employs a staff of eight headed by an Executive Offi- cer and including four engineering or technical em- 1. Be assigned the functions now performed by the ployees. State Water Quality Control Board in the set- ting of water quality standards and allocation Operations 5 4 1 of funds for local projects. Although the primary responsibility of the Board is 2. Following completion of the work of the Flood the setting of water quality standards, little has been Control Commission recommended elsewhere in accomplished in this area. The Board has disbursed this report, be charged with the consideration of more than $1,500,000 in support of various research flood control needs and programs on a statewide projects which presumably would contribute to the basis to the same extent that it now advises on setting of standards, but has experienced unusual dif- other water development programs. ficulty in controlling costs and enforcing schedules 3. Be relieved of responsibility for acting on appli- for the completion of these projects. Most of the re- cations for the appropriation of unappropriated search has been done by universities, the remainder waters (and release from priority), and this by the Department of Water Resources and other function transferred to the Water Rights Board. state agencies. The Board sought to provide guidance 4. Be relieved of passing on Department declara- to the research program through a Research Consult- tions of public interest and necessity re eminent ing Board without success and in 1962 this body was domain proceedings. abolished. The Board recently announced that it --- Page 25 --- 25 RESOURCES AGENCY BODIES-FINDINGS AND RECOMMENDATIONS Recommendations would set water quality standards for the Delta area The dangers of the existing organizational separa- within two years. In light of the State Water Plan tion of water quality control from the other water execution schedule affecting this area, water quality programs of the State are becoming more apparent standards will be needed sooner. with the implementation of the Water Plan. The The State Board possesses jurisdiction over the nine existence of one central and nine regional bodies, each Regional Water Pollution Control Boards, which it with its own staff and with standard-setting and de- to date has not been positively asserted. The Regional cision-making authority in the quality control area, Boards are required to take cognizance of any stand- practically forecloses any possibility of coordinated ards set by the State Board, but in the absence of action. The problem has reached critical proportions, such statewide standards the Regional Boards pro- particularly in the San Francisco Bay and Delta ceed independently. Although the State Board has au- thority to review the budget requests of the Regional àreas. It is recommended that the State Water Quality Boards, it has not made effective use of this control. Control Board be merged with the California Water It also can review the actions of Regional Boards and step in where it finds one has failed to prevent pollu- Commission. tion or bring about corrective action. In fourteen Water quality standards would be set, statewide and by river basin, by the Department of Water Re- years the State Board has reviewed eight such cases sources subject to review by the Water Commission, and ordered action in one. which would hold needed public hearings in connec- The State Board administers two financial assist- tion therewith. The Commission would assume the ance programs, one state and one federal, involving Water Quality Board's role in the approval of loans grants and loans to local public entities for sewage and grants for local projects and for research. collection and treatment facilities. In the federal as- sistance program the Regional Boards receive and In future composition of the Water Commission transmit the local requests indicating their judgment there should be adequate representation of the qual- ity protection point of view-public health, conser- as to priority need; the State Board decides and allo- cates the funds. During the current year $280,000 is vation, waste discharges, and local government. available from the federal program. The state finan- cial aid program is very small, the amount available REGIONAL WATER POLLUTION to be loaned each year being approximately $50,000- CONTROL BOARDS the principal and interest (2%) payments on $1.1 The State is divided into nine geographic areas, or million in outstanding loans. regions, each having a Water Pollution Control Board The Board meets from six to nine times a year and composed and functioning as described below. makes use of study committees and public hearings on major issues or projects. Its operating budget for Functions the current year approximates $200,000, plus $146,000 In broadest terms, these Boards were created to con- for contracted research. The combined budgets of the trol the discharge of waste-industrial and domestic- State and Regional Boards for 1964-1965 exceeded into the waters of the State. They are to coordinate, $1.3 million. at the regional level, the efforts of all public agencies having responsibilities in this field. In so doing, the Special Considerations Boards are expected to: Responsibility for water quality control is now dif- Formulate and adopt long-range plans and poli- fused among the State Water Quality Control Board, cies for regional control of water pollution. nine Regional Water Pollution Control Boards, the 2. Prescribe and enforce waste discharge require- Department of Water Resources, the Department of ments for dischargers-industrial, municipal, Public Health, the Department of Fish and Game, and waste dischargers under self-monitoring arrange- and others. 3. Seek coordinated action in the control of water ments. The combined expenditures reportedly made pollution on the part of the Departments of for quality control is well in excess of $3.0 million an- Water Resources, Public Health, and Fish and nually. The close relationship between water quality Game, as well as county and municipal authori- and quantity is not sufficiently recognized because of ties. this fragmentation of responsibility. The State Water Quality Control Board has been unable to provide Organization the coordinating link, statewide, and the Regional The Regional Boards were first established in 1949 Boards have not always produced a coordinated local and are composed of seven members appointed by the approach. A major cause appears to be the dispersion Governor for four-year overlapping terms, one mem- ber "associated with" and representing each of the of technical staff among the several agencies which following: organizations dealing with water supply, prevents their being effectively utilized. Each agency irrigated agriculture, industry, municipalities, coun- complains of being understaffed, and probably is; ties, recreation and wildlife, and the public-at-large. but in total the combined staffs might well be able The members serve without compensation, receiving to do the job the State requires and which is not only travel expenses. now getting done. --- Page 26 --- 26 RESOURCES AGENCY—BOARDS AND COMMISSIONS Each Board appoints its own Executive Officer, who The total expenditures of the nine regions, includ- is outside the classified civil service and who serves ing research and other contractual services, ap- at the pleasure of the Board. The size of technical proaches $1,000,000 annually. The 1962-63 expendi- (engineering) and office staff—under the classified tures were approximately as follows: service-varies from three to fourteen, the nine Regional Boards (direct) $563,000 Boards employing a total of 56 personnel. Research Projects 140,000 Field and Laboratory Services A great deal of the work related to the activities of 300,000 the Boards is performed by the staffs of the Depart- $1,003,000 ments of Public Health, Fish and Game, and Water Resources and the bulk of the special and research It should be noted that most of the funds in the latter studies are conducted through contracts with these two categories were controlled by the State Board, departments and universities. nearly $200,000 of which was federal money. Of the direct expenditures by the Regional Boards, $450,000 Operations were for staff salaries. The State Code requires the Boards to meet at least Special Considerations quarterly; most commonly they meet five or six times Although there undoubtedly are water pollution a year, with the San Francisco Bay Regional Board problems and control requirements peculiar to par- holding monthly meetings. Most of the work in pre- ticular areas, water quality control is (1) a statewide scribing and enforcing waste discharge requirements problem, and (2) embraces more than industrial and is quite technical in nature and so is performed by the domestic waste pollution. It would seem that state- staff, in conjunction with technicians from the above- wide policy standards are needed, and can be so de- named departments. A set of "requirements" is pre- signed as to allow necessary flexibility to meet pecu- pared for each discharger and submitted to the Board liar local or regional conditions. for approval. At its meetings the Board hears anyone The Regional Boards are small enclaves of admin- wishing to offer comment and in the absence of strong istrative autonomy. As already noted, efforts toward opposition approves the staff recommendation. Re- fusal to do so is, understandably, rare. control by the State Water Quality Control Board have been hesitant and without effect. Examples are Compliance with requirements once adopted is on a given of particular Regional Boards which have taken self-monitoring basis with selective verification and a broadly-based, public interest approach and have checking by Board staff. Normally, violations dis- functioned well. There are also instances of compe- covered are corrected at the staff level, being taken to tent, well-directed staff work. This has not always the Board only when severe and when staff efforts to been the case. With this type of organizational form correct fail. The Board may, in effect, warn the of- considerable unevenness in policy and its administra- fender, issue an order to cease and desist, or as a final tion can be expected. step refer the defender for prosecution in the courts. The cost of administering the program through Appeal can be taken to the State Water Quality Con- nine separate and independent entities is undoubt- trol Board, but in fourteen years this has occurred but edly greater than need be. Under these circumstances eight times, the State Board concurring with the Re- effective personnel utilization is very difficult. gional Boards in all but one instance. Board activity in the formulation of long-range Recommendations plans or policy has been minimal. Studies or research The recommendation has been made that the func- projects on which such policy must be based are done tions of the State Water Quality Control Board be by the Department of Water Resources, universities, assigned to the California Water Commission and De- or others under contract. The State Water Quality partment of Water Resources. One of these would be Control Board is also sponsoring research, as are other the setting of statewide water quality standards, suf- agencies and institutions. The Regional Board's role ficiently flexible to permit variations tailored to re- in this area is confused and the results of past efforts gional and local conditions. have been uneven. It is recommended that the Regional Boards be re- Two additional, and minor, activities are: the re- designated Regional Water Quality Control Boards ceipt of reports of water wells drilled, and the process- and that at least one member-preferably the county ing of applications from local sewage system authori- or city representative—be a public health physician. ties for federal aid in constructing treatment plants. The present Board staffs should be integrated into the Nothing is done with the well drilling reports, other Department of Water Resources. Finally, the Boards than to forward them to the Department of Water should have the following responsibilities: Resources. The applications for federal aid are rated Hear and decide requests for variations from or by priority need and forwarded to the State Board exceptions to the statewide quality standards. which makes the final decision and allocates funds. These requests could come from any State or Each Board has considerable latitude, or inde- local public body, industry, or interested citizen pendence, in how it will conduct its affairs, including group. Findings and decisions would be filed the policies and standards it sets. There is limited with the California Water Commission and if exchange of information among regions and only not reversed by that body become effective in a a negative type of guidance from the State Board. specified period of time. --- Page 27 --- 27 RESOURCES AGENCY BODIES—FINDINGS AND RECOMMENDATIONS month. The Board staff, headed by a General Man- 2. Hear and decide appeals from discharge require- ager and Chief Engineer appointed by the Board, in- ments fixed by the Department of Water Re- cludes more than eighty engineering, legal, technical, sources and from orders issued in connection and clerical employees. therewith. As in Item 1, above, decisions would All of the present members of the Board have been be subject to review by the California Water appointed since 1959 and have agricultural or farm Commission. land interests in the controlled area. Although at- tached to the Resources Agency, the Reclamation The effect of these recommendations would be to re- Board functions as an essentially independent body, lieve the Regional Boards of quality standard set- ting, which they have done little of, and fixing of dis- positioned in between federal, state, and local juris- charge requirements for individual waste dischargers, dictions having flood control responsibilities. In areas better done by staff technicians. The Boards would of the State outside the Board's jurisdiction flood con- then become concerned with the local application of- trol programs are, in general, coordinated by the De- state water quality standards-not merely industrial partment of Water Resources, working with local dis- and domestic waste pollution—and decide appeals tricts and federal agencies. from contested executive orders and actions. Internally, the Board staff is organized into engi- neering, right-of-way, and administrative sections. RECLAMATION BOARD Operations Functions Meeting twice monthly as it does, the Board is The Reclamation Board was created in the year essentially an administrative body. It delegates to the 1911 to succeed the Sacramento and San Joaquin General Manager authority for the day-to-day direc- Drainage District, with responsibility for managing a tion of the staff, but reserves for itself all significant program of flood control along these two major rivers. policy and management decisions. Formal agenda are The predecessor agency's jurisdiction was limited prepared and staff presentations made; public hear- geographically to the delta and areas adjacent to the ings are held as required. A "consent calendar" is main streams, whereas the Board's jurisdiction is in- used to dispose of minor matters, with Board mem- terpreted to encompass the entire basins of the two bers questioning only those of particular interest to river systems. Most of the activity is, however, along them. the main streams and in the lower flood plains. Activity is largely on a project basis, the Board In general, the Board acquires, holds, and disposes staff working closely with the Corps of Engineers on of lands required for flood control activities and pro- engineering planning and design. Construction is nor- vides liaison with the U.S. Corps of Engineers which mally done by the Corps with federal funds, the state does most of the major construction work, acquiring contributing land, right-of-way, and easements. (In for the Corps lands and easements, assuring it of free- some cases "matching" state funds are required.) On dom from liability, and guaranteeing the proper completion of a project, the facilities are first accepted operation and maintenance of completed works. Actual from the Corps by the Board and then turned over operation and maintenance is done by local flood con- to local districts for operation and maintenance, sub- trol districts or the Department of Water Resources ject to a measure of Board supervision. As noted under one of several kinds of arrangements with the above, the Department of Water Resources may be Reclamation Board. The Board seeks to assure itself called upon to do this work on a reimbursable basis. that agreed-upon maintenance is done, taking correc- No master flood control plans have been developed tive measures as necessary. One device used is the for the affected areas, with one recent exception. In creation of a local maintenance district in which the the absence of such plans or criteria for general appli- Department of Water Resources performs the needed cation, the Board functions under a considerable work and is reimbursed through a local property tax handicap. levy. As noted earlier, the Board sits as a quasi-judicial Another function of the Reclamation Board is the body in reviewing protests or appeals from Board granting or denial of permits for encroachments or decisions or regulations, or actions of its staff. These construction of any type along the levees, banks, or can relate to any of the Board's activities. Decisions channels of the rivers. The Board exercises police of the Board are final, except for the usual right of the power in causing the removal of unauthorized en- injured party to seek review by the courts. Where the croachments. Board's jurisdiction is challenged, the plaintiff may In connection with its several functions the Board be told to seek a court ruling. promulgates rules for general compliance and adju- dicates appeals from orders issued or actions taken Special Considerations thereunder. In many such instances a party to the The Reclamation Board poses several rather basic controversy is a local flood control or other district. problems of organization and administration. These have been aired by various legislative and executive Organization branch study groups and, based upon these studies, The Board is comprised of seven members named by more than once the recommendation has been made the Governor for unspecified terms. Members receive that the Board be abolished. Briefly summarized, the twenty dollars per meeting day plus necessary ex- problems are: penses, meetings being held regularly twice each --- Page 28 --- 28 RESOURCES AGENCY-BOARDS AND COMMISSIONS The existence of the Board as an agency of Cali- by when its work should be completed and made a fornia State Government but with jurisdiction part of the total state water development program. over a confined geographic area. 2. The possession by the Board of a combination of STATE WATER RIGHTS BOARD legislative, executive, and judicial functions, ad- Functions ministered with considerable autonomy. The State Water Rights Board has jurisdiction over 3. The confusion and conflict arising from the Rec- the appropriation of unappropriated waters of the lamation Board possessing authority in one par- State, which it exercises through a system of appli- ticular geographic area that is possessed by the cations, permits, and licenses whereby water rights Department of Water Resources on a statewide are established and enforced. In so doing, the Board basis. functions in a quasi-judicial capacity, holding hear- 4. The Board-U. S. Corps of Engineers relation- ings at which contesting and interested parties ap- ships which have raised the question of clear pear. Under the normal procedure the Board formu- separate identification of the State's position and lates and issues rules and regulations essential to the policy on proposed major projects. execution of its statutory responsibility. It has the The possibility of less than a fully coordinated added function of formally adjudicating water rights implementation of the State Water Plan by the as an aid to the courts and water users. Finally, the existence of this substantially autonomous body. Board performs an essentially ministerial function in 6. The continuation of right-of-way and engineering recording and verifying the extraction of ground wa- staffs performing identical work to that being ter in southern portions of the State. done by larger and more versatile such staffs Organization elsewhere in State Government. The Board was created in 1956 by legislative act, 7. The extent of involvement in normal adminis- to be comprised of three members appointed by the trative matters by a part-time citizen board. Governor, with Senate confirmation, for four-year The representation of the general public inter- overlapping terms. One must be an attorney and one est by a Board comprised of persons benefitted a civil engineer. The Governor designates one as chair- by the program they administer. (There is in- man. Removal of a member before expiration of his tended no implication that present members have term can be only by concurrent resolution of the Leg- ever acted other than in what they judged to islature. Compensation of the members is fixed by be the public interest. Quite the contrary. This law; at present the Chairman receives $21,000 and is simply the general policy question raised at the two members $20,500 per annum. several points in this report of how the public The Board appoints an Executive Officer who serves interest can best be represented.) as chief of the staff. The staff is comprised of four Recommendations attorneys, some 45 engineering and technical person- nel, and approximately the same number of clerical There is no doubt but that the Reclamation Board and fiscal employees, organized into Legal, Engineer- has played a vital and constructive role in flood ing, and Administrative units. The Board is therefore control in the area of its jurisdiction. The present a self-contained agency staffed to operate without question appears to be: in light of the State Water external assistance. Plan, the integrated Department of Water Resources, and other recent developments is there a continuing Operations need for this body. It seems quite obvious that the In carrying out its primary function—the appro- regional approach to flood control represented by the priation of water—the Board receives applications Board must give way to a statewide plan, policy, pro- from private or governmental petitioners for a permit gram, and administrative system. to use a specified amount of water, from a designated The three-dimensional pattern of relationships be- source, for a stated purpose. A set procedure is fol- tween the State, local public bodies (counties, cities, lowed for staff screening, public notice, and so on. and special districts), and federal agencies (both A public hearing is held, if the application is pro- Corps of Engineers and Bureau of Reclamation) re- tested and the differences cannot otherwise be re- quires clarification. This can be better achieved if as solved, at which all interested parties are heard and a first step the State straightens out its organizational a full record taken. Depending on the case, the hear- problem and flood control recognized as a problem of ing may be conducted by one or two Board members statewide implications requiring a consistent policy or the entire membership. A hearing may take from and approach. one to 90 days. In each case, the staff prepares a draft It is therefore recommended that the Reclamation recommendation, often in consultation with Board Board be reconstituted as a State Flood Control Com- members, which is considered and acted upon by the mission to advise the Agency on a statewide flood con- Board. If the application is approved, a permit is trol policy and plan. The present staff of the Reclama- issued to the applicant. tion Board should be integrated into the Water Re- After issuance of a permit, the user is required sources Department, thus permitting their better util- periodically to report on the development of his proj- ization. The proposed Commission should be created ect and Board staff conduct needed follow-up. On for a specified period of time-possibly three years- completion of the project a license is issued by the --- Page 29 --- 29 RESOURCES AGENCY BODIES-FINDINGS AND RECOMMENDATIONS Other duties, including the study of records and ma- Board for continued right to the amount of water terials preparatory to reaching decisions, probably put to beneficial use in accordance with the permit. occupy as much time. Water Rights Board member- Variations in use or volume must be referred to the ship requires therefore the devotion of considerably Board for approval. Surveillance of the exercise of more time than is the case with other boards or com- rights granted is maintained and failure on the part missions in the Resources Agency. During the 1963- of the grantee to develop the use or observe the con- 1964 fiscal year, 463 applications were filed, 353 per- ditions set forth may result in Board action revoking mits issued, and perhaps 500 actions taken on permits a permit or license. and licenses already granted. Considering the time In the adjudication of water rights the Board may devoted to study of the evidence and staff recommen- be requested by a court to investigate and report on dations in reaching decisions, this is not an inconsid- the facts and issues involved in litigation. In other erable effort. There is also participation by members instances, the Board responds to requests of water in certain inspections and informal negotiations be- users to adjudicate the water rights on, for example, tween contesting parties. a particular stream; the resulting Board order may Board-Staff Relations: The Executive Officer, then be adopted by the court. Chief Engineer, and Chief Counsel generally direct the staff and administer the activities supporting the Special Considerations Several features of the operation of the Water Board's operations. The Board approves budget re- quests, participates in the appointment of senior and Rights Board deserve particular attention. technical staff, and receives and reviews monthly re- Relations with State Water Commission: A problem arises in connection with what are called "state fil- ports of staff activities. ings" that brings the Water Rights Board and the Special Note: Prior to the creation of the Board State Water Commission into an area of uncertain in 1956 the functions now performed by it were a part relationships. The State of California some years ago of the activities of the predecessor agency to the De- laid claim to most of the then unappropriated waters partment of Water Resources. There was no board or in the State-that is, all waters surplus to the then commission involved in these processes. Reportedly, existing beneficial uses. The purpose was to bring the Board was created to place the decision on these about the orderly development of still available water matters "outside" the regular executive structure of resources to best promote the public welfare. Any pri- the Department which some felt was actively compet- vate person or organization, or governmental agency ing with other potential water users. In other words, -local, state, or federal-wishing to make use of any the Department of Water Resources was in the water of this water on which the State has filed, must re- project development and water distribution business quest its relase or appropriation by the State Water and could not be sufficiently objective in adjudicating Commission. The Commission's concern is whether or rights to water in which the Department itself might not the requested use is consistent with the State be an interested party. Water Plan. It holds public hearings at which the Recommendations petitioner and other interested parties appear. Rarely Two organizational alternatives are available for it is possible to limit the subject matter of the hearing the conduct of the activities of the Water Rights to the question of consistency with the State Water Board. Both involve the continued use of a plural Plan. If the Water Commission approves the re- body. One is to continue the Board as now constituted quested appropriation, the party must then make a with full salaried members. The other is to introduce regular application to the Water Rights Board for the use of professional "hearing officers" as aids to a permit to develop the use. The Board proceeds in and agents of a part-time Board. Under the second its normal manner, which frequently means holding alternative, the hearings officers would develop the a hearing which may in large part duplicate that of record and submit findings and recommendations to the Water Commission, causing expense to the State, the Board for its approval, modification, or rejection. the applicant, and other interested parties. This arrangement probably would still require board A further complication is introduced by the re- members to devote more time to board duties than quirement that once an appropriation of water has could reasonably be expected without some compensa- been made, the grantee, should he wish to modify his tion. The choice between alternatives should be based project or use, must go back to the Water Commission on which is the more economical; this will require a for approval and then to the Water Rights Board. detailed study of work volumes and other factors. Board Member Compensation: Whereas members It is recommended that the Water Rights Board of the other boards and commissions under study re- be assigned the function now performed by the Cali- ceive no compensation or a modest per diem allowance, fornia Water Commission in connection with the ap- members of the Water Rights Board are paid a sub- stantial salary. This would imply that members are propriation of unappropriated waters and priority expected to devote either their full time or something releases. This will speed up the process by avoiding approaching that to their Board duties. The present present duplication and reduce costs both to the State members-one an attorney, one an engineer, and one and petitioners. In these procedures the Department an experienced businessman-during the past year of Water Resources can adequately represent the spent an average of approximately one week (5 days) State's interests before the Water Rights Board. per month in hearings or formal Board meetings. --- Page 30 --- 30 RESOURCES AGENCY—BOARDS AND COMMISSIONS COLORADO RIVER BOARD action further clarification and recognition of Colo- rado River water rights. Collection of stream flow and Functions water use data continues and special staff studies are In broader terms, the Colorado River Board was undertaken on a somewhat unplanned basis. created (in 1937) to represent the rights and inter- ests of California, its public agencies and citizens, in Recommendations the water of the Colorado River System. The Board, The Colorado River Board is no longer an appro- through its Chairman as Colorado River Commis- 1-6 priate agency to cope with Southern California's sioner, is authorized to study and investigate rights to water problem and its dissolution as a State agency is and uses of the water of the river, confer and nego- 23 recommended. Except for certain questions of inter- tiate with representatives of the United States, other pretation of the Supreme Court decree, the allocation states and all users of Colorado River water, and make of Colorado River water has been made and is not recommendations to the Governor and Legislature re- subject to further negotiation. This supply will not lating thereto. meet Southern California's future water needs, nor would any other conceivable allocation of Colorado Organization River water. Meeting these needs must become a part The Board is comprised of six members, one repre- of the State's total water plan, involving export from senting each of the public agencies within California the North and a broad regional plan embracing the having established rights to the use of water or power waters of all western rivers and the ocean. A con- from the Columbia River. These are: Imperial Irriga- sistent statewide policy and approach is required. tion District, Metropolitan Water District of Southern To the extent that the several major public water California, City of Los Angeles, San Diego County agencies serving Southern California have common Water Authority, Coachella Valley County Water problems and interests, they can and should jointly District, and Palo Verde Irrigation District. Each pursue these through such an organization as the pres- agency offers two or more nominees from whom the ent Colorado River Users' Association. This organiza- Governor appoints one as a member for an indefinite tion could, for example, represent these sectional in- term of office. Normally the members are principal terests on and before any agencies with statewide officials of the agencies they represent. responsibilities for water program development and The Board appoints an Executive Secretary, exempt administration. In no instance should such an associa- from civil service, and a Chief Engineer and other tion represent itself as being an official state agency. staff under civil service regulations. Having its offices In the past, the joint membership feature with the in Los Angeles, the Board maintains liaison with the Colorado River Board has resulted in confusion as to Department of Water Resources through the latter's the official status of the Users' Association. Los Angeles offices. The annual operating budget has averaged approximately $230,000. STATE BOARD OF FORESTRY <b>Operations</b> Functions Prior to the establishment of the Board there had The State Board of Forestry is given by statute already been a long history of controversy and nego- rather comprehensive, and specific, authority to estab- tiation among the states within the Colorado River lish forestry policies and control their execution. The basin. In 1922 a seven-state compact was drawn up Board, among other things, has authority to: allocating the water between the upper and lower Establish a forest policy. basins, but not among individual states. Incident to 2. Select or approve the selection of lands for acqui- the construction of Hoover Dam, the All-American sition as State Forests. Canal (In Imperial Valley), and other works in the 3. Classify lands as to responsibility for fire protec- 1930's, agreements were reached which assured Cali- tion. fornia users of certain amounts of water. The con- struction of the aqueduct to Los Angeles was then 4. Develop or approve a state fire protection plan, begun. The need at that time for a coordinating and control its administration. agency such as the Board was apparent. 5. Adopt rules and approve plans for management Since its creation, the Colorado River Board has of state forest lands. diligently represented the interests of California 6. Establish pest control zones and hazardous fire users in what have been extremely trying negotiations, areas and approve control programs therein. particularly with the State of Arizona, California's 7. Approve and adopt rules and regulations for principal competitor for the water. A prolonged legal logging and timber harvesting on private lands; controversy recently ended with a United States Su- authorize alternative plans for specific areas. preme Court decree allocating specific volumes to the Hear and decide on appeals from certain actions several states in the lower basin. The amount awarded taken by the State Forester. California users does not meet present and future needs, which must be met by export of water from The Board nominates, under civil service rules, the Northern California and other sources. State Forester who is then appointed by the Director The Board and its staff are now engaged in varied of Conservation. efforts to obtain additional water for the area of the The State Board of Forestry has, therefore, a com- State served and to obtain through legislative or legal bination of rule-making, policy, administrative, and --- Page 31 --- 31 RESOURCES AGENCY BODIES—FINDINGS AND RECOMMENDATIONS with the policy of the Board of Forestry . . . " causes adjudicatory functions, giving it, should the Board only confusion. Not only must the State Forester choose to exercise them fully, a complete control of follow Board policy, he must also obtain Board ap- the State's forestry program. proval of specific plans for the execution of that policy. Organization Without implying that the Board currently does The Board is comprised of seven members, ap- so, it could control the day-to-day administration of pointed by the Governor, with Senate confirmation, the forestry program should it choose. Considering for four-year overlapping terms. Members receive no the extent of special interest representation on the compensation other than travel expenses. By State Board, this poses a question of some relevance. Code one member must represent—and have practical knowledge of and experience in-each of the follow- Recommendations ing: pine producing industry, redwood producing in- It is recommended that the State Board of Forestry dustry, forest land ownership, range livestock indus- be continued as now constituted, but with several try, agriculture, and beneficial use of water. The modifications in its statutory authority. There is on the seventh member represents the public-at-large. Board strong, but not majority, industry representa- The Board meets six to eight times a year, each tion, as well as representation of other special interests meeting running from one to three days, frequently -livestock industry, agriculture, and beneficial use embracing an inspection of a particular area. The of water. Since these interests are in a sense "compet- State Forester, who heads the Division of Forestry in ing," the representation is broadly based. the Department of Conservation, has been named by In respect to Board functions, it is recommended the Board as its Executive Secretary. This is not man- that the Board: datory. The Board has no staff of its own, being served 1. Advise on and recommend forest program poli- by the staff of the Division. cies, selection of land for acquisition, classifica- tion of lands for fire protection purposes, pest Operations The Board exercises its authority normally through control zones, and fire hazard areas, but that final the review and approval of plans or recommendations responsibility for decision rest with the Depart- placed before it by the Division of Forestry. It con- ment of Conservation. ducts public hearings prior to reaching final decisions 2. Continue to adopt forest practices rules and al- on certain proposals, particularly where the interests ternate plans, but without District Committee of private forest land owners and loggers are directly participation. affected. The Board establishes a variety of rules and 3. Continue its present quasi-judicial function of regulations governing State forest land use, logging hearing and deciding appeals from actions of the on private lands, fire protection, and pest control, State Forester. holding the State Forester responsible for application 4. Be relieved of responsibility for nominating the and enforcement and hearing appeals from his actions State Forester, for appointment by the Director or orders. of Conservation. A considerable portion of the Board's time is de- voted to reviewing proposed rules and regulations for The sense of these recommendations is that the control of logging operations, developed by the four Board be relieved of authority to decide and act on District Forest Practices Committees, and requests for administrative and operational matters, and become exceptions thereto. In the latter, a particular operator advisory on these and basic policy issues. It would re- will propose an alternative plan for the harvesting of tain present rule-making and adjudicative functions. a specified area. If the appropriate District Commit- It is believed that this will not diminish but will tee approves, the recommendation goes forward to the clarify and strengthen the role of the Board of For- State Board for final approval or rejection. The For- estry. estry Division presents its recommendations concern- ing the plan before both the District Committee and DISTRICT FOREST PRACTICES COMMITTEES the State Board. Reportedly, plans are not often ap- There are four identical District Forest Practices proved if objected to by the Division. Committees, each having the same responsibility for its particular district. These are Redwood, Coast Special Considerations Range Pine and Fir, North Sierra Pine, and South This is an example of a board having authority Sierra Pine Districts. (a) to establish policy, (b) control its execution, (c) make most of the meaningful management decision, Functions and (d) adjudicate disputes arising from policy ex- The District Committees formulate forest practice ecution. Although the law provides that the State rules for utilization and conservation of forests on Forester heads the Division of Forestry, under ad- privately-owned land and approve alternate plans of ministrative direction of the Director of Conservation, forest practice presented by timber owners. All deci- he is at least by State Code provisions completely sions of the Committees are advisory to the State amenable to the Board. A provision of the Code such Board of Forestry which must approve all rules and as, "The State Forester may, under the supervision alternate plans. of the Director of Conservation and in accordance --- Page 32 --- 32 RESOURCES AGENCY—BOARDS AND COMMISSIONS Organization of Mines and Geology. The legislation creating the Each Committee is comprised of five members. Four Board charges it with representing "the State's inter- are appointed by the Governor for indefinite terms of est in the development, utilization, and conservation office. Of these, two must be private timber owner- of the mineral resources of the State." It provides operators in the district, the third must be an owner liaison between the mining industry and State Gov- of at least 1,000 acres of timber not logging such, and ernment and to a certain limited extent between the . . . . the fourth a farmer-timber owner. The fifth member, State and interested federal agencies. The Board is ψ×. who votes only to break ties and who serves as Secre- both policy-making and advisory to the Director of tary to the Committee, is a designee of the State Board Conservation and the State Geologist. of Forestry. Staff work for the Committees is per- Organization formed by the Forestry Division. There are five members on the Board, appointed by Operations the Governor for four-year overlapping terms from The Committees hold hearings in the formulation among citizens "associated with or having detailed of forest practice rules, which are subsequently pro- knowledge of" the mining industry. They serve with- posed for State Board approval. These rules are pre- out compensation, receiving only travel expenses. The sented to private timber ownership for concurrence present members of the Board are all directly involved (two-thirds majority required) prior to submission to in the industry: three in mining operations, one in the Board. The Committees consider amendments to petroleum, and one in the use of aggregates. The the rules, on petition of 50 percent of the timberland Board employs no staff; its secretarial and staff needs ownership or on request of the State Forester. They are provided by the Division of Mines and Geology. also receive and approve or reject requests from Operations timber owners for alternate plans, as exceptions to the The Board meets an average of four or five times a These also require State Board approval. years to consider matters referred to it by the Division established general rules, to apply to specific areas. of Mines and Geology, the Department of Conserva- The Committees meet only once or twice a year. tion, and industry representatives, or matters initiated Review and approval of alternate plans of forest by Board members themselves. It advises on any practice is normally conducted by mail. Only the rule- activities of the Division and reaches policy positions formulation function is required to be executed in which presumably must be observed by the Division. formal public meetings. The Division Chief (the State Geologist) keeps the 4 Special Considerations Board informed of Division programs, activities, prob- lems, and needs. The Division program is essentially A problem is posed by the majority, if not exclusive, one of gathering and disseminating geological infor- industry representation on these committees, engaged mation through surveys and other means and data on as they are in fixing and recommending exceptions to mining industry activities. It publishes a substantial rules for harvesting timber. The requirement of State amount of data and prepares and distributes geologi- Board approval of their acts somewhat tempers this cal maps. In very recent years it has undertaken geo- apparent conflict of interest. logical surveys of urban areas to identify possible Recommendations geologic hazards to building construction. The Board is particularly active in representing While there might have been ample justification for the mining industry, and the State, in connection the District Committees initially, when general rules with the application of federal laws and regulations were being developed, such no longer exists. The use of -or their revision-affecting mining interests. Sim- the technique of approval-by-mail of alternate plans ilarly, the Board has concerned itself with state leg- loses the principal advantages of the plural body de- islation in this same area. vice-deliberation, public airing, presentation of di- There is no evidence that the Board has become vergent views, and the like. The present functions of involved in the routine administration of the Division the Committees could be satisfactorily performed by of Mines and Geology. The State Code provides that the Division of Forestry, particularly if new rules the State Geologist shall be nominated by the Board, are prepared in consultation with timberland owners in accordance with civil service regulations, and ap- and are finally reviewed and approved by the State pointed by the Director of Conservation. Board of Forestry. It is therefore recommended that the District Com- Special Considerations mittees be dissolved and that forest practices rules be Since the Mining Board members are associated set by the Division of Forestry, subject to State Board with the mining industry, it would perhaps be more of Forestry concurrence. Exceptions would be decided accurate to say that the Board represents the indus- by the State Board, acting on industry requests and try's interests to the State, rather than the reverse Division of Forestry recommendations. as noted in the Code. There is no intention that the Board be a public-representative body. Its general STATE MINING BOARD position is that the function of the Division of Mines Functions and Geology is to serve the industry, its development The State Mining Board is empowered to establish and growth. This is accomplished through the eco- policies to govern the administration of the Division nomic exploitation of mineral resources in the State. --- Page 33 --- 33 RESOURCES AGENCY BODIES-FINDINGS AND RECOMMENDATIONS The Chief of the Division serves ex officio as Sec- There is nothing necessarily wrong with this ap- retary to the Commission. proach; however, it raises the question of whether such a board should have authority to establish state Operations policy and nominate a senior state official. The Commission is occupied mostly with reviewing A second consideration is that of the rather narrow and acting upon applications for assistance grants representation on the Board in view of the Division's and considering specific local district problems. The increasing involvement in non-mining geological state program of aid for local district projects is now only $100,000 per annum, representing ten to matters. twenty modest grants. Some years ago this was a Recommendations much larger program with $1,000,000 available an- The State Mining Board is essentially an industry- nually. In the past the Commission has received a oriented body and its most important contribution lump sum appropriation for this program, but be- is the representation of the industry's needs and ginning with the 1965-66 fiscal year the Commission positions to the State and federal agencies. This being will identify each proposed project in its budget the case, the Board should advise on and recommend request and the appropriations will be by individual policies for the scope and substance of the State's project. mines and geology program, not establish policy as Four or five applications for federal planning the State Code now provides. Further, the code pro- grants are acted upon in a year. These may lead even- vision lodging authority in the Board to nominate tually to federally-supported (Department of Agri- the State Geologist (for appointment by the Director culture) projects for the construction of watershed of Conservation) should be repealed. Although this conservation facilities. has caused no difficulty in the past, it is an unwise The Commission has not formulated an identifiable arrangement and could dilute the responsibility of comprehensive soil conservation policy, but has enun- the concerned department and agency heads. If ciated a number of policies for the guidance of the greater attention is to be given geological problems Director of the Division of Soil Conservation. There and services not related to mining-for example, are indications of Commission concern with matters safety to structures—the representative nature of which could more properly be handled by the Division Board membership should be broadened. without reference to the Commission. In its standing committee structure and member relations with local SOIL CONSERVATION COMMISSION districts, the Commission appears to take a rather expansive view of its role. Functions The Soil Conservation Commission is charged with Special Considerations the formulation, in cooperation with other state agen- This Commission is, in effect, comprised of local soil cies and interested organizations, of a soil conserva- conservation district officials who, necessarily, are tion policy for the State and for policy guidance to locally oriented. It has more of the characteristics of the Chief, Division of Soil Conservation. The Com- an association of local districts than an agency of the mission administers a modest state program of finan- State Government. A member's passing on a loan or cial grants to local soil conservation districts for grant of state or federal funds to his own district is approved projects, and a federal program of grants probably not good public policy. for the planning of watershed protection projects. Considering the many ramifications of developing a "comprehensive" soil conservation policy for the Organization entire State of California, and the many agencies of The Commission has seven members, appointed by local, state, and federal governments directly or indi- the Governor for four-year terms. Five of the seven rectly concerned, it is very doubtful if a group such must, by law, be directors of local soil conservation as the Commission operating at the "division level" districts drawn from the several geographic areas of in a state department can successfully undertake this the State. The other two represent the public-at-large, enormous task. but may also be local district directors. The State Code provides for a State Soil Conserva- Recommendations tion Advisory Board to consist of the Director of If the Commission is to participate significantly in Agricultural Extension of the University of Cali- the development of broad conservation policy, it fornia, the Director of Water Resources, the Chief should be reconstituted to reduce local district repre- of the U.S. Soil Conservation Service for California, sentation and include as members persons such as are and the Chairman of the Agricultural Stabilization on the Advisory Board. This body should then be and Conservation Committee for California. This made advisory to the Conservation Department. If Board is to advise the Commission. Its members- this is not done, the Commission should be recognized more commonly their designees-attend Commission as a special interest body existing primarily to en- meetings and serve on its committees. From time to courage cooperative action among the local conserva- time, the Commission will refer a matter to the Ad- tion districts and continued as now constituted. visory Board for study and report. The recently introduced requirement that individ- The Commission has no staff of its own, relying ual projects be budgeted in the normal way places on the Soil Conservation Division for staff assistance. --- Page 34 --- 34 RESOURCES AGENCY—BOARDS AND COMMISSIONS final authority in the Legislature, with intermediate peals. Their advisory function is exercised only oc- executive review of the Commission's proposed pri- casionally, and in most districts not at all. orities. This is preferable to past procedure which Formal orders from which appeals can be taken are placed final authority in a body with majority bene- issued infrequently. In recent years, appeals have ficiary interest representation. averaged 2 or 3 annually for the entire state, some boards having not heard an appeal for several years. : 73 Orders from which appeals are taken most commonly DISTRICT OIL AND GAS BOARDS ج deal with natural gas wastage incidental to oil pro- - 1 The State is divided into six districts for purposes duction or with failure to observe due care in pre- of administering the oil and gas program. In each venting water-oil contamination. The issues involved ٠,٠ district there is a Board of Oil and Gas Commis- are of a technical nature, suggesting the desirability sioners constituted and functioning as described of engineering or geological training or background below. on the part of at least some of the Commissioners. The Boards hear the Division's explanation of the Functions orders issued and the appellant company's objectives The District Boards are quasi-judicial bodies hear- in open meeting, deliberate in private, and issue their ing and deciding appeals taken by operators from decisions, which are binding unless appealed by either formal orders of the Supervisor, Oil and Gas Division, party to the courts. The Code contains an unusual or his District Deputies. These orders relate to the provision that a Commissioner is not disqualified from correction of observed failures to adhere to established hearing an appeal where the company he represents requirements in drilling, testing, or abandoning oil has been charged with gas wastage. In at least onc- and gas wells. The decisions of the Boards are final, half of the recent appeals the Boards have granted subject only to appeal to the courts. Although the relief to the applicant, nullifying or-more often- State Code also provides that the Boards may call modifying the order of the Division. upon the Oil and Gas Supervisor or his Deputies for Each Board meets annually to elect a Chairman consultation and advice, and the reverse, this has not from among its members. been done in recent years. Special Considerations Organization The principal issue here is the exclusive represen- Each Board is comprised of five members (except tation, including even member selection, on the Boards District 4, which has seven) elected by the owners of of the industry being regulated. The fact that few the producing wells within the District. In the elec- ÷. orders of the Division are appealed, and that Division tion of two members of each Board, owners cast mul- officials point to this as a sign of good industry coop- tiple votes based on the amount of production; the eration, is not persuasive. The very presence of in- remaining members are elected on the basis of one dustry dominated appeals bodies must inhibit admin- vote for each owner-producer. The intention was to istrative action. If there is need for regulation in the assure representation of both large and small pro- public interest-and this would certainly appear to ducers, whereas in practice—with only occasional ex- be the case—then it is poor policy to place ultimate ception-members are officials of the large oil com- control in a body on which there is no public repre- panies. Board members, titled Commissioners, serve sentation. Specific examples of abuse of authority by three year staggered terms and are subject to recall these boards were not found, nor were they sought. by the electors. They must be residents of the District Present concern is with the underlying principle. and be engaged in the business of oil and gas develop- ment. They receive no compensation but may be reim- Recommendations bursed for travel and other incidental expenses. It is For the reasons noted above, it is recommended reported that members claim no such reimbursement, that the District Oil and Gas Boards be dissolved. The thus whatever expense they incur presumably is alternative of modifying their membership to include borne by the companies they represent. non-industry representation is not endorsed for two The State Code provides that each Deputy District reasons. First, the subject matter is of such a tech- Supervisor, Oil and Gas, shall serve as Secretary to nical nature that it would be very difficult to find the Board in his district. persons not associated with the industry competent A special tax is levied on oil and gas production, to serve and, second, the appeals are so few that court calculated annually to cover the expenses of the Oil reviews can conveniently be sought in those instances and Gas Division. The levy is collected by the State in which industry and the Division cannot reach Treasurer and deposited in a special fund for this agreement. exclusive purpose. BOARD OF DIRECTORS, YOUTH CONSERVATION <b>Operations</b> AND TRAINING PROGRAM The State Code spells out in some detail the State's Functions program for conservation of the oil and gas resource, The Board of Directors, Youth Conservation and placing enforcement responsibility on the Oil and Gas Training Program, establishes policy for a pilot proj- Division, Department of Conservation. The District ect of increasing the employability of unemployed Commissioners become involved in the hearing of ap- young men. Eligible participants are provided six to --- Page 35 --- RESOURCES AGENCY BODIES—FINDINGS AND RECOMMENDATIONS 35 STATE PARK COMMISSION twelve months of educational and work experience in Functions a forestry camp operated by the State Division of Forestry. The Board sets policies governing admis- The State Park Commission has responsibility for sion, educational and work program content, camp establishing general policies for the guidance of the discipline, and the like. Director of the Department of Parks and Recreation and the Chief of the Division of Beaches and Parks Organization in the development, administration, and protection of The Board is composed entirely of ex officio mem- the state park system. It also has responsibility for bers: Director of Conservation (Chairman), Superin- classifying each unit of the state park system into one tendent of Public Instruction, Director of Youth of five categories: state park, scenic or scientific re- Authority, the Director of the Department of Employ- serve, historical unit, state recreation area, or state ment, and the Director of the Department of Indus- beach. It may authorize the multiple use of state rec- trial Relations. The statute establishing the Board reation areas. and the program was enacted in 1963 and fixed a ter- Prior to 1959 the State Park Commission had much mination date of 90 days after adjournment of the broader powers. It nominated the Chief of the Divi- 1965 Legislative Session. Administrative responsibil- sion of Beaches and Parks for appointment by the ity is placed in the Division of Forestry and, by desig- Director of Natural Resources, and through this Di- nation of the Board, the State Forester acts as Execu- vision Chief, it administered all phases of the state tive Secretary to the Board. park system. The transfer of State Park Commission The one camp in operation—in Riverside County— functions to the Department of Natural Resources, in is staffed by 23 Forestry Division personnel. Some- 1959, and the later creation of a Department of Parks what under one hundred young men are currently in and Recreation affected the functions of all plural the program for which $391,000 is budgeted for the bodies involved in park and recreation activities. current fiscal year. Organization Operations The 1959 legislation limiting the powers, duties, The Board is required to meet at least four times a and responsibilities of the Commission at the same year. It has established a general, but reasonably com- time increased its membership from five to seven. prehensive, set of policies covering selection of boys, Members are appointed by the Governor, as they have educational programs, vocational training, work as- been since the first State Park Commission was cre- signments, discipline, and so on. These were based on ated in 1927. The State Code requires that members recommendations made by staff representatives of the be selected from areas distributed throughout the interested state agencies, the heads of which are on State and because of their interest in park, recreation, the Board. and conservation matters. They serve, without com- pensation, for four-year overlapping terms. The Com- Special Considerations mission employs no staff, but its staff needs are met The ex officio membership technique, although not by the personnel of the Division of Beaches and Parks. generally recommended, appears to have suited this The Chief of the Division is statutorily designated particular situation. The several concerned agencies Secretary to the Commission. of State Government have thus been brought together and coordination achieved. There is some question if Operations the time allowed to test the program is sufficient for Although divested of its administrative authority a considered judgment as to its value. Some informa- and duties, as mentioned above, the Commission has tion on results—what happens to the participants on continued to play a major role in the administration completion of their training—would seem necessary of the park system through broadly interpreting its to a determination of program usefulness. responsibility to establish general policies for the guidance of the Director. The Commission adopts Recommendations rules and regulations governing the administration of Once the demonstration phase is completed and the parks, and "Declarations of Purpose" regarding park program placed on a permanent basis (or abandoned), usage. Some rules and regulations are made as policy the policy board will no longer be required. The most statements of the Commission and others are in the form of precise recommendations to the Director of appropriate agency of State Government should be Parks and Recreation. It also directs that specific given undivided responsibility, with any desirable studies and reports be made, approves individual park inter-agency agreements entered into. An advisory projects, and makes detailed recommendations to the committee with interested agencies represented by Director regarding park programs. In recommending professional staff members could be created to give park acquisition, the Commission is specific in terms technical advice to the administering department. of dollars and in the exact description of boundaries. (Current negotiations are in process with Federal The Commission meets monthly at various locations Government Labor Corps representatives on the possi- throughout the State, and makes use of committees bilities of a joint program. Should this be agreed and public hearings on major issues or projects. Al- upon, the above recommendations would still have though it has no budget of its own, the Commission has a voice in the expenditure of the Division of pertinence.) --- Page 36 --- RESOURCES AGENCY—BOARDS AND COMMISSIONS 36 ject area but, if the Park Commission is to become Beaches and Parks' budget-$12 million operating the Department's general policy advisory group, the budget and $4 million capital funds for fiscal year role of other bodies must be limited to technical ad- 1964-1965. The Commission expects to play a major vice, allotment of funds, or other specific functions. role in the $85 million state park system property ac- quisition program approved by the voters in the It is recommended that in constituting the new <math>\mathbb{R}^{n}</math> combined body, particular attention be given to pro- recent (November, 1964) General Election, and to be -12 viding fully adequate representation of the "recrea- involved in at least some other aspects of the remain- 20 tion" viewpoint-as distinguished from the more der of the $150 million total bond issue authorized at . . . restrictive property acquisition and physical main- that election. tenance emphasis. Special Considerations Although 1959 legislation sought to relieve the Park RECREATION COMMISSION ÷÷. Commission of administrative and operational func- Functions tions, this objective has not been fully achieved. Prog- The Recreation Commission has three basic areas ress has however been made. of responsibility: it is charged by Code to cause to An undesirable division, and overlap, of jurisdic- be studied the whole problem of recreation of the tion exists between the Parks Commission and the people of the State of California; it is responsible, Recreation Commission and to a lesser, but important in cooperation with others, for the formulation of a extent between these two and the Small Craft Harbors comprehensive recreational policy recommendation to Commission and the Wildlife Conservation Board. A the Director of the Department of Parks and Recrea- coordinated approach to the development of compre- tion; and, it is responsible for recommending to the hensive recreational policies is all but impossible Director, for adoption by him, policies for the guid- under present arrangements. ance of the Chief of the Division of Recreation. The Some confusion and administrative uncertainty has State Code also requires that the Commission confer resulted from the Commission's being authorized to with the Director and the Chief on matters relating "give policy guidance" to both the Director of the to recreation, and that it submit, through the Direc- Department and the Chief of the Division of Beaches tor, an annual report to the Governor on state and and Parks, the latter being administratively subordi- local needs for recreational facilities, programs, and nate to the former. activities. The State Park Commission, in establishing policy Organization for the Director and for the Chief of the Division of 1 Beaches and Parks, is extremely influential in the op- The Commission consists of seven members ap- eration of state parks and related facilities. It cannot pointed by the Governor for overlapping four-year guide the Director, however, in related areas in which terms. One of the members is designated by the Gov- he has responsibility but where policy is established ernor to serve as chairman. All serve without pay. by other boards, commissions, or committees. Originally created in 1947 as an independent agency responsible directly to the Governor, the Com- Recommendations mission was made a part of the Department of Natural Resources in 1959. It presumably was re- The needs of the State in the broad area of parks and recreation can better be met by having a single tained in the Department of Parks and Recreation advisory body interested in all aspects of parks and by the 1961 reorganization of resources units which specifically provided for a Division of Recreation but recreation. It is recommended that this be accom- made no mention of the Recreation Commission. The plished by merging the Parks Commission and the Recreation Commission into a broadly-based, policy Chief of the Division serves as Secretary to the Com- advisory Parks and Recreation Commission. To this mission, but this is not a statutory requirement. body should also be assigned the policy formulation Operations function now lodged in the Small Craft Harbors In discussing the Recreation Commission it must Commission, so that no major subject area be omitted. be borne in mind that the term originally applied to The findings of this body should be recommendatory the seven-member appointive body and its staff, to the Department—not a division thereof—and much jointly, but now refers only to the appointive body. more indicative of broad policy proposals than of The failure of the Commission to recognize this dis- administrative direction. The Commission should, for tinction has resulted in its involvement in functions example, advise the Director of the need to adopt assigned to the Division that are not statutorily a part regulations to accomplish a major objective, but of the Commission's duties, such as the promotion should not spell out those regulations in detail. It of training programs and establishing standards for would recommend the acquisition of park property local agency recreation personnel. Little emphasis in a particular area, but not decide upon the precise has been given such mandatory responsibilities as boundaries nor seek to establish or negotiate the studying statewide needs. Although it has no separate price. In those subject areas not now the concern of budget of its own, the Commission—in effect—super- the Commission, it would provide the Director with vises the expenditure of the approximately $120,000 policy guidance geared toward a coordinated parks operating budget of the Recreation Division. There and recreation program. It need not supplant all is no capital budget for recreation apart from that other existing appointive bodies in this general sub- --- Page 37 --- RESOURCES AGENCY BODIES—FINDINGS AND RECOMMENDATIONS 37 of the Division of Beaches and Parks, which includes authority to grant funds for the development of boat recreation as well as park items and is expended launching facilities. It must establish general policies under the policy direction of the State Park Com- for determining the selection of projects which will mission. The Recreation Commission intends to make serve the greatest public recreational boating need and which would not be constructed except through recommendations on projects requested under the such a grant. The Harbors and Navigation Code bond act approved under Proposition No. 1 at the charges the Commission with responsibility for regis- November 1964, General Election. tering undocumented vessels, and permits the adop- Special Considerations tion by it of rules and regulations governing a variety The Recreation Commission, like the State Park of boating operations. Commission, operates under legislation which per- Organization mits, or even requires, a degree of participation in The Small Craft Harbors Commission, together departmental operations. The authority of the De- with the Small Craft Harbors Division (and the Small partment of Parks and Recreation is recognized in Craft Harbor Fund), was created by legislative act the area of routine administrative and fiscal control, in 1957. Its seven members are appointed by the Gov- but policy determinations flow directly from the ernor, with the advice and consent of the Senate, and Commission to the Division, rather than from the serve without pay for overlapping four-year terms. Director of the Department, on advice of the Com- The Commission is empowered to appoint, with the mission. advice of the Director of the Department of Parks The problem arising from the existence of more and Recreation, the Chief of the Small Craft Harbors than one commission actively engaged in recreational Division, who serves, by law, as Secretary to the Com- policy formulation are noted in the report section mission. The Commission has no other staff but, to an covering the Park Commission. even greater extent than is true of other-plural bodies associated with park and recreation activities, it con- Recommendations trols the personnel, budget, and program of a Division As has been recommended in the section dealing of the Department. Originally supported in part by with the State Park Commission, there should be only General Fund appropriations, the Division's entire one policy advisory group for the Department. Other current operating budget of more than $600,000 is plural bodies, if needed, should provide technical appropriated by the Legislature from the Small Craft guidance in a particular area of specialization. Since Harbors Fund, which received $2 million of "ear- the State Park Commission is composed of members marked" gas tax revenues annually-the estimated selected "because of their interest in park, recreation. amount paid by motor boat users. and conservation matters" it is not necessary or de- Operations sirable that recreation interests be interpreted by a separate body. The two activities are inseparable and The Commission meets eight times annually— it is therefore recommended that the two bodies be monthly, except in March, June, September, and De- combined. This step was no doubt anticipated, since cember—at various locations throughout the State. In the word "recreation" was added to Park Commis- its less than eight years of existence, the Commission sion qualifications by the recent reorganization legis- has approved more than 60 loans amounting in the lation, which also omitted reference to the Recreation aggregate to approximately $18 million. These are Commission in prescribing the functions of a Recrea- made from the Revolving Fund which is supported tion Division in the Department of Parks and Recre- by boat registration fees and a share of the gas tax. ation. Although the Commission follows a liberal loan policy, it seldom exercises its authority to make grants. To date, only one grant has been completed and two SMALL CRAFT HARBORS COMMISSION others are being processed—each of the three for Functions about $50,000. The State Code authorizes the Division The Small Craft Harbors Commission establishes of Small Craft Harbors to make loans under policies general policies for the guidance of the Division of established by the Commission, but mentions only the Small Craft Harbors of the Department of Parks and Commission in reference to grants. In practice, the Recreation. It is also responsible for the transfer of Commission acts on all loan or grant applications with harbors constructed with state funds to local agencies, staff work done and recommendations made by Divi- for the making of loans to local agencies, the registra- sion personnel. The Commission performs its other tion of vessels, the regulation of the operation and statutory duties through the establishment of general equipment of vessels, and the adoption of rules and policy for implementation by the Division. It does not regulations pertinent to these activities. In so doing, appear to get involved in administrative detail. it administers the Small Craft Harbor Revolving Special Considerations Fund. The Commission causes studies and surveys to An organizational entity which operates under be made of the need for small craft harbors and con- policy directives of a body appointed by the Gov- necting waterways throughout the State and for the ernor and exercising expressed statutory powers can identification of the most suitable sites therefor. In be expected to function with considerable independ- addition to establishing general policy for making ence. It is not surprising therefore that this division loans to local agencies, the Commission has permissive . . --- Page 38 --- RESOURCES AGENCY—BOARDS AND COMMISSIONS 38 members—two each from the northern, southern, and is somewhat isolated from other Department of Parks central sections—and one at-large from lists submit- and Recreation activities. The Director of the Depart- ted, on invitation, by civilian organizations interested ment therefore receives no coordinated policy advice in a State Trails System. The Committee has no bud- and establishes no department-wide policy-only ad- get, and its staff needs are met by the Division of ministrative procedures. The broad question of policy Beaches and Parks. decision, rather than policy recommendation, by ap- pointive bodies is involved, as is that of the place- Operations 74<br>- 12<br>- 13 ment of policy groups below the departmental level. The scope of the Committee's operations varies Recommendations with the scope of the program of the Department. There is currently an informal two-year moratorium The Small Craft Harbors Commission currently has ʼn. on the program, imposed through budgetary limita- responsibility for establishing policy, evaluating proj- ź. tions, and the Committee has not met for about 18 ects, and regulating pleasure boats and boating. In months. When active, it met quarterly. the interests of consistency with the general recom- 4 Program curtailment resulted from an apparently mendations resulting from this study-and for the Ť quixotic approach to the acquisition of right-of-way reasons presented in connection with those general مجر for a 3,000 mile trail encompassing the entire state. recommendations-it is suggested that the Commis- 4 Staff right-of-way negotiations would convince a sion's policy-making responsibility be assigned to the string of property owners to grant access across their Parks and Recreation Commission. The proposed land for no financial consideration and usually with- Parks and Recreation Commission should in its par- out guarantee of protective measures to safeguard ticipation in policy formulation on a department-wide cattle and possessions. Then a recalcitrant property basis relate pleasure boating needs and activities to owner would balk, necessitating the relocation of the the State's total recreation program. Considering the route negotiated to that point. Without the power number of boating enthusiasts and the extent of their of eminent domain and without funds to pay for organized activity there would be no question of their $ right-of-way, a surprisingly large segment of the plan needs being ignored. was completed but it became obvious that these con- The Small Craft Harbors Commission should be ditions precluded total implementation. The program continued to perform two important services. First, is now at a standstill pending administrative plans the approval of loans and grants for the construction to reorient the program toward urban areas and ac- of boating facilities by local jurisdictions. It would tion by the Legislature on proposals to grant eminent be desirable if loans or grants of $10,000 or less could domain (with local government involvement) and be approved by the Division, without reference to property owner protections. the Commission but in accordance with Commission set guidelines. (Existing legislation, but not Commis- Special Considerations sion policy, permits the processing of all loans in this The Governor is charged by the State Code to abol- manner). Secondly, the Commission should formulate ish the Committee when, in his opinion, its services or approve rules and regulations governing boat reg- are no longer required. That he has not done so even istration and small craft operations within the waters though he has permitted vacancies to remain unfilled of the State. —is indicative of a belief in the need for this type of citizen participation in specialized aspects of park CALIFORNIA RIDING AND HIKING TRAILS and recreation activity. That the program has not ADVISORY COMMITTEE moved ahead faster, is indicative of the lack of a vocal Functions group of beneficiaries. The people who enjoy hiking The statutory responsibility of the California Rid- and riding simply are not as well organized as are ing and Hiking Trails Advisory Committee is defined those interested in certain other recreational pur- in one sentence of the law requiring it to "investigate suits. all matters pertaining to the proposed project" (es- Recommendations tablishment, development, maintenance, and use of a statewide system of riders' and hikers' trails) and This Committee, when active, functioned clearly to prepare an annual report. The legislation included within the proposed criteria for an advisory body a declaration of policy to (among other related activi- restricted to a well-defined activity. If the riding and ties) "encourage increase in riding and hiking as hiking trails program is rejuvenated, the Committee influences for the improvement of the health of the should again be activated. The terms of office of Committee members desirably people." should be fixed—rather than indefinite as at present— Organization preferably for four years with provision for overlap. The Committee was authorized in 1945 by legisla- tion adopting a report of the Riding and Hiking HISTORICAL LANDMARKS ADVISORY COMMITTEE Trails Project Committee of the Reconstruction and Functions Re-employment Commission. The Committee is com- The Historical Landmarks Advisory Committee is prised of seven members appointed by the Governor responsible for making a census of all registered or for indefinite terms without compensation. Appoint- privately-marked historical buildings or landmarks ments are to be made on a geographical basis for six --- Page 39 --- 39 RESOURCES AGENCY BODIES—FINDINGS AND RECOMMENDATIONS serve without pay for four-year overlapping terms. and for conducting a continuing survey of important Three of the members are appointed by the Gövernor, historical sites. The Committee is authorized to re- two by the Riverside County Supervisors, and two by ceive and consider all applications for the official des- the Palm Springs City Council. None of the appoint- ignation and registration of such buildings or land- ing authorities retains any control over or receives marks and to propose to the Department the qualifi- any report from the members. It is—as is generally cations for their acceptance. It may also suggest the true of such authorities-completely independent of type of plaque to be used for marking and the de- all other appointed or elected public bodies. The Au- scriptive material to be included thereon. thority meets monthly at its Valley Station offices. Organization Some use is made of committees; currently active are The Historical Landmarks Advisory Committee personnel, Advertising and Public Relations, and was created in 1949 to advise the State Park Commis- Finance Committees. sion which, at that time, administered the programs Operations now the direct responsibility of the Director of the The Authority appoints a General Manager who Department of Parks and Recreation. The seven mem- prepares a budget, hires a staff (now 35 employees), bers of the Committee are appointed by the Governor and directs the operation of the facility in accordance and are to include persons deemed "best qualified to with policy formulated by the Authority. The Author- carry out the purposes" of the law. They serve with- ity adopts the annual budget but is sharply limited in out compensation and for no specific term. The Com- its fiscal policy determinations by the bond agree- mittee has no budget and employs no staff. Its limited ments. It cannot make any changes in the rate struc- staff needs are met by the Division of Beaches and ture even though it might feel, for example, that lower Parks. rates would produce greater revenue. Operations The operating budget for the current year is ap- The nature of the work of this Committee permits proximately $720,000, divided almost evenly between infrequent meetings—usually three or four annually. tramway operation and maintenance costs and general The meetings are held at various locations in the administrative expenses. The Authority is reportedly State to hear applications for the designation and having difficulty meeting its bond obligations (Finan- registration of historical buildings and landmarks. cial data were not available to the survey staff.) Applications are received through and investigated Special Considerations by Division of Beaches and Parks personnel, but ap- plicants are expected to do their own research to sup- From the time the Authority was created in 1945 port their proposals. Criteria have been established until construction operations commenced in 1961 to assure conformity with a pattern and to minimize there was a need for a closer association with the De- the consideration of obviously ineligible applications. partment of Parks and Recreation (and its predeces- sors) than apparently took place. The legislation cre- Recommendations ating the Authority permitted, and perhaps intended, The Historical Landmarks Advisory Committee is a contractual relationship which could have provided an example of the effective use of appointive bodies the State a continuing role in the Authority's opera- in State Government. The Committee acts in an ad- tions—but this has not happened. visory capacity to the head of a department in a par- The Mount San Jacinto Winter Park Authority is ticular sphere of interest. Its recommendations are only remotely associated with the Resources Agency, based on information it hears and evaluates as a and even less with any other agencies of State Govern- body of citizens appointed on the basis of their spe- ment. Experience to date would suggest that the use cial qualifications. of this device for recreational facility development It would be preferable if members were appointed and operation should be discouraged. A preferred ap- for a specific term of office would overlap provided. proach would be state construction and ownership, This is recommended. with concessionaire operation. MOUNT SAN JACINTO WINTER Recommendations PARK AUTHORITY It is recommended that the law and bond agree- Functions ments be reviewed to determine if the State can with- The Mount San Jacinto Winter Park Authority op- draw from participation in this operation and, if this erates and maintains the Palm Springs aerial tram- is possible, serious consideration be given to doing so. way from Valley Station in the foothills to Mountain Station near the peak of Mount San Jacinto. The Au- FISH AND GAME COMMISSION thority was created "to construct and operate systems Functions for the transportation of persons and property to The Fish and Game Commission regulates and may Mount San Jacinto State Park" and given power to license the taking or possession of birds, mammals, issue the necessary revenue bonds. fish, amphibia, and reptiles, and formulates general policies for the guidance of the Director in the admin- Organization istration of the Department of Fish and Game. It The Authority as created by Legislative Act in holds public hearings to consider the recommendations 1945, which provides for a seven-member body to --- Page 40 --- 40 RESOURCES AGENCY-BOARDS AND COMMISSIONS of interested citizens and groups before the enactment the legislation regarding time and place of Commis- of regulations. sion meetings be eliminated as unnecessary. It is also recommended that the present function Organization of the Wildlife Conservation Board of approving The Fish and Game Commission is a constitutional wild life conservation projects be transferred to the body composed of five members appointed by the Gov- Fish and Game Commission. ernor for six-year overlapping terms. Senate confir- の変化を mation of appointment is required. Members receive WILDLIFE CONSERVATION BOARD ten dollars per day of actual service-not to exceed Functions $50 in any month or $600 in any year-plus their The essential function of the Wildlife Conservation actual expenses. Six meetings annually are statutorily · · · · · · · · · · · · · · · · · · · Board is to determine what lands and facilities are required with the purpose, time (month), and location to be acquired and developed at state expense for (city) prescribed for four of these. Meetings are ac- fish and game conservation, propagation, and utiliza- tually held more often and in various locations tion. The purpose is to develop recreational oppor- throughout the State. tunities for hunting and fishing. Within the limits The Commission's staff consists of an Assistant to of available funds, the Board decides upon the the Fish and Game Commission and three office em- 7 projects to be undertaken and provides for their ployees. implementation. Operations Organization The Commission is given no specific authority by the constitutional provision creating it; rather, the The Board members are, ex officio, the President 17.7 Legislature is authorized to delegate to the Commis- of the Fish and Game Commission, the Director of sion such powers relating to the protection, propaga- the Department of Fish and Game, and the Director 1 tion, and preservation of fish and game as it sees fit. of Finance. A Legislative Advisory Committee of The Legislature has seen fit to delegate authority to three Senators, appointed by the Senate Rules Com- regulate the taking or possession of birds, mammals, mittee, and three Assembly members, appointed by fish, amphibians, and reptiles, except for commercial the Speaker, sits with the Board. The staff employed purposes. Each successive Legislature grants these by and responsible to the Board includes an executive powers for a two-year period only, and the frequently officer, one assistant, a field agent, and several clerical 14 amended fish and game legislation establishes the workers. framework within which the Commission may operate. Board and Advisory Committee members receive The agenda for meetings are prepared by the Com- no compensation; the latter constitute, by law, an . . mission's staff and are accompanied by an analysis interim committee of the Legislature for the subject ٠. of agenda items which includes departmental com- area. ments and recommendations, the opinions of a Deputy <b>Operations</b> Attorney General where needed, and the suggested wording of motions on items which require Commis- The Board currently receives $750,000 per annum sion action. from earmarked pari-mutuel revenues to finance the projects it approves-land acquisition and facilities Special Considerations development. Prior to 1955 the program was funded The Fish and Game Commission exists primarily by an initial $9 million (1947) appropriation aug- to exercise legislative authority in a specific field. mented several years later by $3 million. In 1955 It discharges the resulting responsibility in a man- the support was fixed at the present level. Some $5 ner that would not be practical-or, perhaps, even million of the new bond money (Proposition No. 1, possible—for the Legislature to do by itself. The 1964 election) is committed to the Board's program. Commission's policy role is general and advisory. The Board receives proposals for wildlife projects Legislation specifically precludes the involvement of from various sources, governmental and private. either the Commission or its secretary in depart- Nearly one-half of these in number, representing mental administration. There seems to be little substantially more than one-half of the total fund- justification for the creation of such bodies by ing, originate in the Department of Fish and Game constitutional amendment; however, since the 1940 and are for fish hatcheries, waterfowl management amendment giving constitutional status to the Fish areas, angling or hunting access, stream flow main- and Game Commission left it without powers except tenance dams, and the like. Most of the remainder as delegated by the Legislature. are initiated by local public jurisdictions, principally counties and cities. Many of the projects merely pro- Recommendations vide access for sportsmen to fishing or hunting areas. The retention of the Fish and Game Commission The staff of the Board, in conjunction with de- with its present functions and composition is recom- partment staff and local agency officials, reviews the mended. It is recommended that the legislative au- proposals and conducts feasibility studies, on its own thorization for the Commission's regulatory function initiative or on Board instruction, and makes its be made on a continuing basis, subject to periodic recommendations. The Board makes the final deci- review, rather than with the present two-year limita- sion. A part of each project plan is the arrangement tion. It is also suggested that the degree of detail in for operation and maintenance of the facility by an --- Page 41 --- 41 RESOURCES AGENCY BODIES—FINDINGS AND RECOMMENDATIONS for four-year overlapping terms and serving without appropriate public agency. Land and right-of-way compensation. Five members must be actively engaged acquisition is commonly done by the Board staff. The in the canning or processing of sardines; one repre- $750,000 annually is transferred into a special fund sents organized sportsmen's groups, one organized called the Wildlife Restoration Fund, expenditures labor, and two have no specified affiliation. from which are board-controlled. The Committee engages a "Coordinator of Re- The Board meets four or five times per year. The search" under contract to perform such staff service members of the Legislative Advisory Committee sit as it requires. The Department of Fish and Game per- with the Board and actively participate in discussions forms accounting and similar services, for which it is and votes. It is reported that an average of 100 pro- reimbursed from Committee-controlled funds. posed projects are considered annually and thirty or so approved. In sixteen years of Board activity, ap- Operations proximately 200 projects have been undertaken at a The special tax on processors produces approxi- total expenditure of nearly $20 million. mately $90,000 annually for disposal by the Marine Research Committee. This is allocated for projects Special Considerations which in the Committee's view best serve the stated Among the unusual features of the Wildlife Con- purpose. Principal contractors are the Department of servation Board are the active participation of Legis- Fish and Game, the California Academy of Science, lators in the Board's operations (but possessing only Scripps Institute, and U. S. Fish and Wildlife Serv- advisory and investigative authority) and the ex ice. Generally, the allocations provide partial funding officio composition of the Board. for larger research efforts. The Committee in this way At the risk of oversimplification, it can be said that seeks to bring about a measure of coordination among the Board's purpose is to allocate funds from a lump- the several research agencies and institutions. It is sum legislative appropriation to specific projects. The reported that total annual expenditures in California Legislative Advisory Committee's presence assures a for research in this area approach $1.2 million, making measure of legislative influence and oversight, in the the Committee-controlled share less than eight percent. absence of line-item or individual project appropria- The Committee meets three or four times per year tion. A reasonable defense of the special fund device and acts on project proposals by majority vote. Meet- can be made on the size of the projects (most are quite ings are public, as required by 1959 legislative amend- small) and the opportunity to acquire land and rights ment. A report of activities is published on an average for less outlay than might be the case were the proj- of once every two years. ects publicized in advance. Special Considerations One obstacle to obtaining maximum equity and re- The creation of the Committee and the imposition source utilization has been the lack of a comprehensive of the special tax took place at a time of sharp decline plan for wildlife conservation. Such a plan may be in the sardines catch and was industry-sponsored. Ini- developed as an element of the contemplated overall tially, the tax was to apply for only four years and resources plan. the terms of Committee members were set at two years. By repeated amendment, two to four year ex- Recommendations tensions have been granted, the most recent being In the interests of a more consistent policy and a enacted in 1963 extending the life of the tax through better coordinated program, it is recommended that 1965. The tax rate itself after several changes has the Wildlife Conservation Board be merged with the remained fixed since 1953 at $0.05 per 100 pounds. Fish and Game Commission and its staff transferred Originally, the President and Executive Director of to the Department of Fish and Game. The Depart- the Fish and Game Commission and the Director of ment should study applications for projects and rec- the Bureau of Marine Fisheries served, ex officio, as ommend priorities to the Commission for approval. Committee members, but were dropped in 1955. The Legislative Advisory Committee could advise the Commission, as it now does the Board, but this is not Recommendations recommended since it confuses legislative-executive This history—and present operating practices— responsibilities. suggests the lack of a thought-out program or consis- tent approach. The continued support by the industry MARINE RESEARCH COMMITTEE implies that useful results are being obtained, since Functions the industry foots the bill. The question does arise, The Marine Research Committee promotes research however, if the problem is being adequately met by in the development of commercial fisheries and marine this rather casual approach. products through the allotment of research funds Whether or not the Committee should be continued obtained from a special privilege tax paid by proces- must be based on a substantive review of the State's sors of sardines and certain other ocean fish. The work responsibility in this area and the scope of program is conducted under contract with public agencies and it wishes to support. It is recommended that this educational or research institutions. review be made by the Agency. The present arrange- ment seems haphazard and may not meet legitimate Organization needs. Aside from this broader question, which is The Committee, created by 1947 legislation, is com- beyond the scope of the present study, the continuance prised of nine members appointed by the Governor --- Page 42 --- 42 RESOURCES AGENCY—BOARDS AND COMMISSIONS of the Committee in its present role would not seri- bers designated by the Legislature and three ap- ously violate the general criteria proposed in this pointed by the Governor. The legislatively-designated report. members are representatives, ex officio, of the De- partments of Water Resources and Fish and Game. PACIFIC MARINE FISHERIES COMMISSION No provision was made for the termination of the Commission, thus it remains in existence although no The Pacific Marine Fisheries Commission was estab- 1 meetings have been held for more than two years. lished in 1961 by an interstate compact—joined in by 15.8 Staff work has been performed by an engineer on California, Oregon, Washington, and Idaho—to pro- 112 loan from the Department of Water Resources who mote better utilization of fisheries in those waters over 24 also does the staff work for the California-Nevada and which the States have jurisdiction. The objectives are 34 Klamath River Compact Commissions. prevention of waste and conservation through co- 17 operative effort. Recommendations 15 The California members are the Director of Fish The California Goose Lake Compact Commission 1 and Game, one Legislator, and one private person was well constituted and the compact—admittedly 34 having knowledge of fisheries. The other states are non-controversial—arrived at expeditiously. Since its 4, 1 represented by from one to eight members, but each work is completed, the Commission should be for- state has only one vote. The Commission employs a mally abolished. Even if the present legislative im- Secretary and operates on a budget of $42,000, con- passe were overcome and the compact approved, no tributed by the states in proportion to the value of special body would be needed for its implementation. the fish taken—California's share is now 65 percent. The Commission meets on an average of twice a CALIFORNIA-NEVADA INTERSTATE year. Its decisions take the form of recommendations ż COMPACT COMMISSION to the signatory state governors, legislatures, or con- Functions cerned administrative agencies for needed control or The California-Nevada Compact Commission was protective measures. The Commission sponsors modest research projects and collects and disseminates infor- created—along with a similar Commission in Nevada mation on fishing activities in the waters under its -to formulate an interstate agreement on the distri- jurisdiction. It also serves as the vehicle by which bution of the waters of Lake Tahoe and the Truckee. Carson, and Walker Rivers. administrative and technical personnel of the fisheries G agencies of the states are brought together to discuss Organization ġ. mutual problems and coordinate their programs. The Commission was established by legislative act ٠.,٥ Recommendations in 1955. Although not specifically so provided, the presumption is that it shall be abolished once the This Commission represents an example of desira- compact has been approved, or finally rejected. There ble interstate cooperation, and should be continued in are seven members appointed by the Governor to its present form. serve without compensation for indefinite terms—the duration of the task to be performed. Five represent GOOSE LAKE COMPACT COMMISSION specifically named counties in the affected area, one The California Goose Lake Compact Commission represents the Lake Tahoe district, and the seventh is was created to negotiate an interstate compact with the Director of the Department of Water Resources. a similar. Oregon Commission to control the water For a period of time the Commission employed an resources of Goose Lake Basin. The essential objec- Executive Secretary, but now obtains needed staff tive was to prevent the export of water from the and technical assistance from the Department of Water Basin. The two commissions were established in 1961 Resources on contract. An Executive Director, as- and agreed upon a draft compact the following year, signed by the Department, serves as chief of staff to which was ratified by the Legislatures of Oregon and the Commission. California in 1963. The compact simply recognizes existing water rights and uses and prohibits export. Operations Before the draft compact was submitted to the two The Commission does most of its work through com- legislatures for approval it was referred to the Fed- mittees, each working closely with a Nevada counter- eral Government for comment. The Justice Depart- part group. Joint meetings are held from time to time ment asked for the addition of an article recognizing by the full commissions of the two states, presided over and protecting all federal rights and powers in the by a Federal Government representative, as agreed basin. California did not object but Oregon did. The to by the two states. During the nine years of negotia- compact, approved by the two states without this arti- tions, nearly 50 such joint meetings have been held; cle, is before Congress for final confirmation, but the California Commissions and its committees have since the U.S. Justice Department advises against met approximately 300 times. its adoption and the State of Oregon will not accept Among the problems which have prolonged the the Justice Department's proposed additional article negotiations have been: providing adequate water sup- there is little likelihood of passage. ply for the Lake Tahoe basin; avoiding pollution of It is interesting to note that the California Com- Lake Tahoe; identifying and recognizing existing mission was by legislative act comprised of two mem- water rights and uses; determining reasonable and --- Page 43 --- 43 RESOURCES AGENCY BODIES—FINDINGS AND RECOMMENDATIONS KLAMATH RIVER COMPACT COMMISSION fair distribution of estimated "surplus" waters be- Unlike the California-Nevada and Goose Lake Com- tween the two states; and administrative arrange- pact Commission, the Klamath River Compact Com- ments for the enforcement of the compact should it be mission is engaged in administering an approved com- adopted. There is every indication that agreement will pact, negotiated in 1954-56 and finally ratified in soon be reached on all pending matters with legislative 1957. The Commission is an interstate body created by action by the two states possible in 1965. Negotiations the compact, consisting of a non-voting Federal Rep- have been costly, the annual budget averaging approx- resentative named by the President of the United imately $90,000. States, the Director of Water Resources, representing The Commission takes the position that it should California, and the State Engineer of Oregon. continue to function at least until Congressional hear- The compact provided for the recognition of exist- ings are held, following approval by the States. This ing water rights, the orderly development of the wa- would be mid-1966 at the earliest. ter resources in the upper basin of the river, the allo- Special Considerations cation of waters for irrigation in the two states, joint This Commission was, in effect, an outgrowth of a efforts toward pollution control, and the prohibition U.S. Bureau of Reclamation plan for the distribution of export of water from the basin other than in eer- of these waters arrived at, with what was felt to have tain specified cases. Provision was made for the now- been insufficient local participation. California pro- functioning Commission and for the equal sharing of posed the "compact" approach and this was agreed administrative expenses. The compact requires that to. This appears to have been a wise move. It is doubt- when the two state representatives cannot agree on a ful, however, if the commissions created to undertake matter before them it will be arbitrated by a three- the negotiations represent the most efficacious agents for such a task. (The Nevada Commission was com- member group, one selected by each state and the prised of representatives of the major water users. third selected by these two. thus the California Commission had a broader-based To date, the Commission has concerned itself pri- representation in terms of general public interest.) marily with pollution from plant growth and has To gain the knowledge necessary intelligently to carry sponsored some research in this area. It will be many on the negotiations, the California Commissioners had years before water users in either state will approach to devote more time than could reasonably be expected taking the amounts allocated-in the absence of any of persons who at the same time must make a living export—thus no serious enforcement problems exist. through unrelated business or professional activity. The staff work is performed on a part-time basis by a The draft compact contains provision for what Water Resources Department engineer on loan, for seems an awkward administrative arrangement for whose services the Commission makes reimbursement. executing and enforcing the final compact. A perma- nent California-Nevada Compact Commission is to be The annual budget is under $20,000, most of which is created with five members from each state plus a non- spent on research, and is equally shared by the two voting Chairman appointed by the President of the states. United States. That commission will appoint an ad- ministrator, subject to the approval of the Federal Recommendations District Court of Nevada. In many ways, this represents an example of desir- able interstate cooperation and commission operation. Recommendations Although present activity is very modest, it can be No specific recommendations can or should be of- expected to increase as use of the governed waters fered at this point. The experience with this Commis- more nearly approaches the amounts available. The sion does, however, serve as a caution for the future against undue special interest representation and un- possibilities of export of water from the present basin wieldy bodies in compact negotiation and implemen- will eventually become an issue. tation.