The council shall appoint a Delta Independent Science Board in accordance with Section 85280.
Part 2EARLY ACTIONS
Section § 85080
This law section mandates that the council must set up a Delta Independent Science Board following the guidelines in Section 85280.
Delta Independent Science Board council appointment Section 85280 scientific oversight environmental governance Delta Science Program independent board setup ecosystem management water resource policy scientific evaluation California Delta scientific research board water management science-based decision making ecosystem science
Section § 85082
The council is responsible for creating a strategy to involve federal agencies that have duties in the Delta area. This includes collaborating with them to align the Delta Plan with major federal laws such as the Coastal Zone Management Act, the Clean Water Act, and the Reclamation Act.
The council shall develop and implement a strategy to appropriately engage participation of the federal agencies with responsibilities in the Delta. This strategy shall include engaging these federal agencies to develop the Delta Plan consistent with the federal Coastal Zone Management Act of 1972 (16 U.S.C. Sec. 1451 et seq.), the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.), and Section 8 of the federal Reclamation Act of 1902.
Delta Plan federal agency participation Coastal Zone Management Act Clean Water Act Reclamation Act federal involvement Delta region strategy water management strategic engagement Delta environmental policy federal responsibilities collaborative planning water resources Federal-State cooperation environmental alignment
Section § 85084
The council is required to create a temporary plan that suggests initial steps, projects, and programs to undertake.
The council shall develop an interim plan that includes recommendations for early actions, projects, and programs.
interim plan early actions projects programs council responsibilities recommendations development plan initiatives step-by-step actions project planning program suggestions early implementation planning council water projects interim projects
Section § 85084.5
This law requires the Department of Fish and Game to work with federal wildlife agencies to create specific guidelines for water flow and biological goals in the Delta region. This is meant to protect and conserve important species that rely on the Delta. These recommendations must be made within one year of the law's enactment.
The Department of Fish and Game, in consultation with the United States Fish and Wildlife Service and the National Marine Fisheries Service and based on the best available science, shall develop and recommend to the board Delta flow criteria and quantifiable biological objectives for aquatic and terrestrial species of concern dependent on the Delta. The recommendations shall be developed no later than 12 months after the date of enactment of this division.
Department of Fish and Game Delta flow criteria aquatic species terrestrial species United States Fish and Wildlife Service National Marine Fisheries Service best available science biological objectives species of concern Delta ecosystem environmental protection wildlife conservation habitat preservation ecosystem management water flow guidelines
Section § 85085
This section requires a department to coordinate with other state and federal agencies to work on various water and ecosystem projects. They must work with different organizations to construct and implement the Two-Gates Fish Protection Project by December 2010 and assess the effectiveness of the Three Mile Slough Barrier project. Additionally, the department should quickly move forward with short-term actions listed in the Strategic Plan and help with early action ecosystem restoration projects like the Dutch Slough and Meins Island tidal marsh restorations.
The department shall do all of the following:
(a)CA Water Code § 85085(a) Coordinate with the Department of Fish and Game, the board, the California regional water quality control boards, and the State Lands Commission efforts to cooperate with the United States Bureau of Reclamation to construct and implement the Two-Gates Fish Protection Demonstration Project by December 1, 2010.
(b)CA Water Code § 85085(b) Evaluate the effectiveness of the Three Mile Slough Barrier project.
(c)CA Water Code § 85085(c) Expeditiously move ahead with other near term actions as identified in the Strategic Plan.
(d)CA Water Code § 85085(d) Assist in implementing early action ecosystem restoration projects, including, but not limited to, Dutch Slough tidal marsh restoration and Meins Island tidal marsh restoration.
Two-Gates Fish Protection Three Mile Slough Barrier ecosystem restoration Dutch Slough restoration Meins Island restoration Strategic Plan Department of Fish and Game California regional water quality boards State Lands Commission Bureau of Reclamation fish protection projects tidal marsh restoration early action projects environmental coordination water quality control
Section § 85086
This law requires the establishment of a system by the water board to collect and report data on water diversions in the Delta region by the end of 2010. The goal is to speed up the process of determining the flow needs of the Delta to aid in planning for the Delta Plan. The board must develop new flow criteria for the Delta ecosystem to protect its resources by reviewing water quality and using scientific data. These criteria consider water volume, quality, and timing under various conditions and must be developed publicly within nine months of the law's enactment. Changes to water diversion points must include Delta flow criteria and be adaptable over time with new science and monitoring. The water board will work with state and federal water project contractors to cover the analysis costs, and they must report their findings within 30 days of completion.
(a)CA Water Code § 85086(a) The board shall establish an effective system of Delta watershed diversion data collection and public reporting by December 31, 2010.
(b)CA Water Code § 85086(b) It is the intent of the Legislature to establish an accelerated process to determine instream flow needs of the Delta for the purposes of facilitating the planning decisions that are required to achieve the objectives of the Delta Plan.
(c)Copy CA Water Code § 85086(c)
(1)Copy CA Water Code § 85086(c)(1) For the purpose of informing planning decisions for the Delta Plan and the Bay Delta Conservation Plan, the board shall, pursuant to its public trust obligations, develop new flow criteria for the Delta ecosystem necessary to protect public trust resources. In carrying out this section, the board shall review existing water quality objectives and use the best available scientific information. The flow criteria for the Delta ecosystem shall include the volume, quality, and timing of water necessary for the Delta ecosystem under different conditions. The flow criteria shall be developed in a public process by the board within nine months of the enactment of this division. The public process shall be in the form of an informational proceeding conducted pursuant to Article 3 (commencing with Section 649) of Chapter 1.5 of Division 3 of Title 23 of the California Code of Regulations, and shall provide an opportunity for
all interested persons to participate. The flow criteria shall not be considered predecisional with regard to any subsequent board consideration of a permit, including any permit in connection with a final BDCP.
(2)CA Water Code § 85086(c)(2) Any order approving a change in the point of diversion of the State Water Project or the federal Central Valley Project from the southern Delta to a point on the Sacramento River shall include appropriate Delta flow criteria and shall be informed by the analysis conducted pursuant to this section. The flow criteria shall be subject to modification over time based on a science-based adaptive management program that integrates scientific and monitoring results, including the contribution of habitat and other conservation measures, into ongoing Delta water management.
(3)CA Water Code § 85086(c)(3) Nothing in this section amends or otherwise affects the application of the board’s authority under
Part 2 (commencing with Section 1200) of Division 2 to include terms and conditions in permits that in its judgment will best develop, conserve, and utilize in the public interest the water sought to be appropriated.
(d)CA Water Code § 85086(d) The board shall enter into an agreement with the State Water Project contractors and the federal Central Valley Project contractors, who rely on water exported from the Sacramento River watershed, or a joint powers authority comprised of those contractors, for reimbursement of the costs of the analysis conducted pursuant to this section.
(e)CA Water Code § 85086(e) The board shall submit its flow criteria determinations pursuant to this section to the council for its information within 30 days of completing the determinations.
Delta watershed diversion public trust resources flow criteria Delta ecosystem protection water quality objectives science-based adaptive management public reporting system State Water Project Central Valley Project Sacramento River watershed Delta Plan planning habitat conservation measures water diversion points reimbursement agreement informational proceeding
Section § 85087
By the end of 2010, a board is required to provide the Legislature with a plan and cost estimate for studies about how much water should flow in certain rivers and streams, starting with those in and near the Delta by 2012, and major rivers outside the Sacramento River area by 2018.
They must work with the Department of Fish and Game to determine the best timing for these studies, aiming to understand water flow needs.
The board, by December 31, 2010, shall submit to the Legislature a prioritized schedule and estimate of costs to complete instream flow studies for the Delta and for high priority rivers and streams in the Delta watershed, not otherwise covered by Section 85086, by 2012, and for all major rivers and streams outside the Sacramento River watershed by 2018. In developing this schedule, the board shall consult with the Department of Fish and Game as to the timing of its submission of
recommendations for instream flow needs.
instream flow studies Delta watershed high priority rivers streams prioritized schedule cost estimate Sacramento River watershed Department of Fish and Game instream flow needs water flow studies Delta rivers Legislature submission 2010 deadline major rivers consultation
Section § 85088
This law states that construction of any water diversion or conveyance facilities by the State Water Project or the federal Central Valley Project cannot start until they get approval to change the water diversion point from the southern Delta to the Sacramento River.
Until the board issues an order approving a change in the point of diversion of the State Water Project and the federal Central Valley Project from the southern Delta to a point on the Sacramento River as specified in subdivision (c) of Section 85086, the department shall not commence construction of any diversion, conveyance, or other facility necessary to divert and convey water pursuant to the change in point of diversion.
point of diversion water diversion construction approval southern Delta Sacramento River State Water Project Central Valley Project diversion facilities water conveyance board approval subdivision (c) of Section 85086
Section § 85089
This law section states that construction on a new Delta water conveyance facility can only start after the parties who will receive water from the project or their representatives have agreed to cover certain costs. These costs include the environmental review, planning, design, construction, and long-term maintenance of the facility. Additionally, they must pay for the full mitigation of any property taxes or assessments levied by local governments or special districts for land used in the project.
Construction of a new Delta conveyance facility shall not be initiated until the persons or entities that contract to receive water from the State Water Project and the federal Central Valley Project or a joint powers authority representing those entities have made arrangements or entered into contracts to pay for both of the following:
(a)CA Water Code § 85089(a) The costs of the environmental review, planning, design, construction, and
mitigation, including mitigation required pursuant to Division 13 (commencing with Section 21000 of the Public Resources Code), required for the construction, operation, and maintenance of any new Delta water conveyance facility.
(b)CA Water Code § 85089(b) Full mitigation of property tax or assessments levied by local governments or special districts for land used in the construction, location, mitigation, or operation of new Delta conveyance facilities.
Delta conveyance facility State Water Project Central Valley Project joint powers authority environmental review costs planning costs design costs construction costs mitigation costs property tax mitigation local government assessments special district assessments water recipient contracts infrastructure financing Delta water project
