Is the state liable for the failure of a levee that is not part of a state water project?

California, United States of America


The following excerpt is from Vanni v. Dep't of Water Res., C072383 (Cal. App. 2014):

We have rejected the argument that the state is liable for failure of a nonproject levee that is part of a state water project where the state did not accept or approve the work. "Nonproject levees, while in a sense part of the statewide water control system, are not subject to the same direct control of the state as project levees and are maintained on a local basis. Being a part of a complex system of levees for both flood control and other purposes does not of itself determine liability for damages for failure of a given portion of a levee. The levee in question was not under the general control of the state insofar as maintenance was concerned." (Galli v. State of California (1979) 98 Cal.App.3d 662, 688.)

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