This division shall be known, and may be cited, as the Johnston-Baker-Andal-Boatwright Delta Protection Act of 1992.
Chapter 1Findings and Declarations
Section § 29700
This part of the law is officially named the Johnston-Baker-Andal-Boatwright Delta Protection Act of 1992.
Johnston-Baker-Andal-Boatwright Act Delta Protection 1992 California Delta legislation name Delta Conservation Delta environmental law State water management Delta development Delta resources Delta ecosystems Delta shoreline habitat protection land use regulation Delta policy
Section § 29701
This law states that the Sacramento-San Joaquin Delta is extremely important because it has unique natural resources that are valuable not just in California, but globally. The state of California aims to protect and conserve these resources so people can continue to enjoy them now and in the future.
The Legislature finds and declares that the Sacramento-San Joaquin Delta is a natural resource of statewide, national, and international significance, containing irreplaceable resources, and it is the policy of the state to recognize, preserve, and protect those resources of the delta for the use and enjoyment of current and future generations.
Sacramento-San Joaquin Delta natural resource state policy conservation preservation irreplaceable resources environmental protection future generations statewide significance national importance international recognition delta resources public enjoyment ecological preservation resource management
Section § 29702
This law outlines California's main objectives for the Delta region. It aims to balance two key goals: ensuring a reliable water supply for the state and preserving the Delta's ecosystem. Both goals should be met while valuing the area's cultural, recreational, and natural characteristics.
The law also focuses on maintaining and improving the Delta's environment, including agriculture and wildlife habitats, and promoting recreational activities. Additionally, it emphasizes the importance of carefully managing the development and conservation of Delta lands and enhancing flood protection to safeguard public health and safety.
The Legislature further finds and declares that the basic goals of the state for the Delta are the following:
(a)CA Public Resources Code § 29702(a) Achieve the two coequal goals of providing a more reliable water supply for California and protecting, restoring, and enhancing the Delta ecosystem. The coequal goals shall be achieved in a manner that protects and enhances the unique cultural, recreational, natural resource, and agricultural values of the Delta as an evolving place.
(b)CA Public Resources Code § 29702(b) Protect, maintain, and, where possible, enhance and restore the overall quality of the Delta environment, including, but not limited to, agriculture, wildlife habitat, and recreational
activities.
(c)CA Public Resources Code § 29702(c) Ensure orderly, balanced conservation and development of Delta land resources.
(d)CA Public Resources Code § 29702(d) Improve flood protection by structural and nonstructural means to ensure an increased level of public health and safety.
Delta water supply ecosystem protection cultural values recreational activities natural resources agriculture wildlife habitat flood protection public health Delta development Delta conservation Delta land resources environmental quality safety measures restoration efforts
Section § 29703
This law emphasizes the importance of the delta as a valuable agricultural region, noting that maintaining and cultivating the fertile land benefits the state and nation. It underscores how these lands contribute economically, provide open space, and serve as a crucial habitat for wildlife, including waterfowl on the Pacific Flyway. The law also stresses that agricultural lands in the primary zone should be protected from nonagricultural developments.
The Legislature further finds and declares as follows:
(a)CA Public Resources Code § 29703(a) The delta is an agricultural region of great value to the state and nation and the retention and continued cultivation and production of fertile peatlands and prime soils are of significant value.
(b)CA Public Resources Code § 29703(b) The agricultural land of the delta, while adding greatly to the economy of the state, also provides a significant value as open space and habitat for water fowl using the Pacific Flyway, as well as other wildlife, and the continued dedication and retention of that delta land in agricultural production contributes to the preservation and enhancement of open space and habitat values.
(c)CA Public Resources Code § 29703(c) Agricultural lands located within the primary zone should be protected from the intrusion of nonagricultural uses.
delta agricultural value fertile peatlands prime soils open space wildlife habitat Pacific Flyway agricultural land protection nonagricultural intrusion primary zone waterfowl habitat preservation enhancement of habitat agricultural retention
Section § 29703.5
This section emphasizes the importance of the Delta Protection Commission, which is a platform for Delta residents to participate in decisions about preserving and enhancing the Delta's unique resources, such as its culture and agriculture.
The commission should provide guidance to the Delta Stewardship Council regarding the Delta's development.
Additionally, it highlights the need for the Delta counties to create a resource management plan, which the Delta Stewardship Council should consider when forming the Delta Plan.
The Legislature further finds and declares both of the following:
(a)CA Public Resources Code § 29703.5(a) The Delta Protection Commission created pursuant to Section 29735 provides an existing forum for Delta residents to engage in decisions regarding actions to recognize and enhance the unique cultural, recreational, and agricultural resources of the Delta. As such, the commission is the appropriate agency to identify and provide recommendations to the Delta Stewardship Council on methods of preserving the Delta as an evolving place as the Delta Stewardship Council develops and implements the Delta Plan.
(b)CA Public Resources Code § 29703.5(b) There is a need for the five Delta counties to establish and implement a resources
management plan for the Delta and for the Delta Stewardship Council to consider that plan and recommendations of the commission in the adoption of the Delta Plan.
Delta Protection Commission Delta Stewardship Council Delta counties resource management plan Delta cultural resources agricultural resources Delta development enhancing Delta unique recreational resources Delta Plan implementation Delta resident engagement preserving the Delta Delta as evolving place cultural and agricultural preservation Delta recommendations
Section § 29704
This section of the law recognizes that certain areas of the delta are very prone to flooding. Because of the risks to public safety and the high cost of handling floods, maintaining and improving the levee system is urgent. This is necessary to protect farms, communities, water quality, and natural resources. However, upgrading the levee system won't entirely eliminate flood risks. The area will always have a flood risk, so it's best used for farming, wildlife, and recreation. Additionally, many levee systems are old and need restoration and continuous upkeep.
The Legislature further finds and declares that the leveed islands and tracts of the delta and portions of its uplands are floodprone areas of critical statewide significance due to the public safety risks and the costs of public emergency responses to floods, and that improvement and ongoing maintenance of the levee system is a matter of continuing urgency to protect farmlands, population centers, the state’s water quality, and significant natural resource and habitat areas of the delta. The Legislature further finds that improvements and continuing maintenance of the levee system will not resolve all flood risks and that the delta is inherently a floodprone area wherein the most appropriate land uses are agriculture, wildlife habitat, and, where specifically provided, recreational activities, and that most of the existing levee systems are degraded and in need of restoration, improvement, and continuing management.
levee maintenance floodprone areas public safety risks emergency response costs delta flood risks levee system improvement farmland protection population centers water quality natural resource protection habitat areas agriculture land use wildlife habitat recreational activities levee restoration
Section § 29705
The state of California recognizes that the delta's natural areas, like waterways, wetlands, and forests, are immensely valuable. They offer important habitats for many birds, especially those migrating along the Pacific Flyway, as well as rare or endangered species of plants, birds, mammals, fish, and other creatures. Since these areas are unique and cannot be replaced, it's California's policy to protect them for people today and in the future.
The Legislature further finds and declares that the delta’s wildlife and wildlife habitats, including waterways, vegetated unleveed channel islands, wetlands, and riparian forests and vegetation corridors, are highly valuable, providing critical wintering habitat for waterfowl and other migratory birds using the Pacific Flyway, as well as certain plant species, various rare and endangered wildlife species of birds, mammals, and fish, and numerous amphibians, reptiles, and invertebrates, that these wildlife species and their habitat are valuable, unique, and irreplaceable resources of critical statewide significance, and that it is the policy of the state to preserve and protect these resources and their diversity for the enjoyment of current and future generations.
delta wildlife habitat protection Pacific Flyway migratory birds wetlands conservation riparian forests endangered species wildlife preservation California delta environmental policy ecosystem diversity protecting natural resources native species wildlife corridors statewide significance
Section § 29706
The California Legislature recognizes that the natural resources of the delta are declining, and this decline puts the area's ecology, fish and wildlife, recreational activities, and economic benefits at risk.
The Legislature further finds and declares that the resource values of the delta have deteriorated, and that further deterioration threatens the maintenance and sustainability of the delta’s ecology, fish and wildlife populations, recreational opportunities, and economic productivity.
delta resource values ecology decline fish and wildlife populations recreational opportunities economic productivity delta deterioration environmental sustainability threats to delta natural resources decline habitat protection biodiversity wildlife conservation sustainable practices environmental impact delta ecosystem
Section § 29707
This section states that to protect important regional, state, and national interests related to the Delta's agriculture, economy, and ecology, local governments need to implement effective planning and management for land use in the Delta.
The Legislature further finds and declares that there is no process by which state and national interests and values can be protected and enhanced for the delta, and that, to protect the regional, state, and national interests for the long-term agricultural productivity, economic vitality, and ecological health of the delta resources, it is necessary to provide and implement delta land use planning and management by local governments.
delta land use local government planning agricultural productivity economic vitality ecological health Delta resources protection long-term interests regional interests state interests national interests land use management delta planning sustainability natural resources preservation delta region
Section § 29708
This law section states that the Legislature recognizes the cities, towns, and settlements in the delta area as having important historical, cultural, and economic value. Protecting these areas is crucial for maintaining the region's economic and cultural health.
The Legislature further finds and declares that the cities, towns, and settlements within the delta are of significant historical, cultural, and economic value and that their continued protection is important to the economic and cultural vitality of the region.
delta region historical value cultural vitality economic value cities and towns protection settlements regional protection economic vitality cultural significance community preservation historical preservation towns in delta economic health cultural protection delta towns
Section § 29709
This law emphasizes the importance of protecting the Delta's resources through comprehensive regional land use planning. It suggests that local governments should lead these efforts by incorporating specific land use procedures and enforcement mechanisms. Additionally, it highlights the need for various agencies to coordinate and integrate their activities to safeguard the agricultural productivity, economic strength, and ecological health of the Delta region, which are vital on regional, state, and national levels.
The Legislature further finds and declares as follows:
(a)CA Public Resources Code § 29709(a) Regulation of land use and related activities that threaten the integrity of the delta’s resources can best be advanced through comprehensive regional land use planning implemented through reliance on local government in its local land use planning procedures and enforcement.
(b)CA Public Resources Code § 29709(b) In order to protect regional, state, and national interests in the long-term agricultural productivity, economic vitality, and ecological health of delta resources, it is important that there be a coordination and integration of activities by the various agencies whose land use activities and decisions cumulatively impact the delta.
delta resources regional land use planning local government enforcement agricultural productivity economic vitality ecological health land use regulation agency coordination integrated activities resource protection Delta region long-term productivity cumulative impact planning procedures local land use planning
Section § 29710
This law emphasizes the importance of preserving the delta's agricultural, recreational, and other uses. It suggests that the best way to do this is by initiating projects that safeguard wildlife habitats before any conflicts occur.
The Legislature further finds and declares that agricultural, recreational, and other uses of the delta can best be protected by implementing projects that protect wildlife habitat before conflicts arise.
delta habitat protection wildlife conservation agricultural preservation recreational land use conflict prevention ecosystem management habitat safeguarding projects land use planning environmental conservation preemptive wildlife protection sustainability in land use natural resource management delta land use protecting natural habitats preventing land use conflicts
Section § 29711
This section highlights that the inland ports of Sacramento and Stockton play a crucial role in California's economy and water-based activities. They are important for transportation, agriculture, commerce, industry, manufacturing, and navigation. The law emphasizes that these uses should continue and be improved, aligning with federal, state, and local regulations.
The Legislature further finds and declares that the inland ports of Sacramento and Stockton constitute economic and water dependent resources of statewide significance, fulfill essential functions in the maritime industry, and have long been dedicated to transportation, agricultural, commercial, industrial, manufacturing, and navigation uses consistent with federal, state, and local regulations, and that those uses should be maintained and enhanced.
inland ports Sacramento port Stockton port economic resources water dependent resources maritime industry transportation agriculture commercial uses industrial uses manufacturing navigation statewide significance federal regulations local regulations
Section § 29712
The California Legislature recognizes that the delta's waterways and marinas are important for recreation and bring economic benefits. However, they also highlight safety issues due to increased use, which requires more coordination between government levels.
Boating in the delta is also recognized for its significance and economic benefit. If there's any conflict between this division and the Harbors and Navigation Code about boating regulations, the Harbors and Navigation Code will take precedence.
The Legislature further finds and declares as follows:
(a)CA Public Resources Code § 29712(a) The delta’s waterways and marinas offer recreational opportunities of statewide and local significance and are a source of economic benefit to the region, and, due to increased demand and usage, there are public safety problems associated with that usage requiring increased coordination by all levels of government.
(b)CA Public Resources Code § 29712(b) Recreational boating within the delta is of statewide and local significance and is a source of economic benefit to the region, and to the extent of any conflict or inconsistency between this division and any provisions of the Harbors and Navigation Code, regarding regulating the operation or use of boating in the delta, the provisions of the Harbors and Navigation Code shall prevail.
delta waterways marinas recreational opportunities economic benefit public safety problems government coordination recreational boating Harbors and Navigation Code boating regulations delta region statewide significance local significance conflict resolution increased demand usage issues
Section § 29713
This law acknowledges that buying voluntary easements for wildlife and agricultural conservation in the delta region is beneficial. It supports agriculture, habitat, and recreation, which are valued activities there.
The Legislature further finds and declares that the voluntary acquisition of wildlife and agricultural conservation easements in the delta promotes and enhances the traditional delta values of agriculture, habitat, and recreation.
delta region agricultural conservation easements wildlife conservation easements traditional delta values agriculture support habitat enhancement recreation promotion voluntary easements conservation benefits delta habitat delta agriculture conservation support easement acquisition wildlife preservation recreational enhancement
Section § 29714
This section states that when government agencies use their powers under this law, they are not allowed to take or damage private property for public use without fairly compensating the property owner. It makes clear that the section does not affect property owners' rights under the California or United States Constitution.
The Legislature further finds and declares that, in enacting this division, it is not the intent of the Legislature to authorize any governmental agency acting pursuant to this division to exercise their power in a manner which will take or damage private property for public use, without the payment of just compensation therefor. This section is not intended to increase or decrease the rights of any owner of property under the California Constitution or the United States Constitution.
private property public use just compensation government agency property rights California Constitution United States Constitution taking property damage to property property owner rights compensation obligation government powers legislative intent property protection constitutional rights
Section § 29715
This law states that if there's a conflict between the rules in this section and the Water Code, the Water Code takes priority and should be followed.
To the extent of any conflict or inconsistency between this division and any provision of the Water Code, the provisions of the Water Code shall prevail.
conflict of laws Water Code precedence priority of Water Code legal conflict resolution inconsistency resolution priority rule regulatory conflict overriding provisions division conflict resolution of inconsistencies
Section § 29716
This section makes it clear that the commission cannot interfere with or override the responsibilities and authority of other state agencies. It ensures that each state agency operates within its own set of rules and powers without conflict.
Nothing in this division authorizes the commission to exercise any jurisdiction over matters within the jurisdiction of, or to carry out its powers and duties in conflict with the powers and duties of, any other state agency.
state agency jurisdiction commission powers agency authority conflict jurisdiction limitation state agency powers non-interference provision agency duties inter-agency relations governance boundaries division jurisdiction regulatory boundaries powers limitation agency independence legal non-conflict jurisdictional clarity
