SECTIONS 85031-85034 - California Statutes

WATER CODE

SECTION 85031-85034

85031. (a) This division does not diminish, impair, or otherwise
affect in any manner whatsoever any area of origin, watershed of
origin, county of origin, or any other water rights protections,
including, but not limited to, rights to water appropriated prior to
December 19, 1914, provided under the law. This division does not
limit or otherwise affect the application of Article 1.7 (commencing
with Section 1215) of Chapter 1 of Part 2 of Division 2, Sections
10505, 10505.5, 11128, 11460, 11461, 11462, and 11463, and Sections
12200 to 12220, inclusive.
(b) For the purposes of this division, an area that utilizes water
that has been diverted and conveyed from the Sacramento River
hydrologic region, for use outside the Sacramento River hydrologic
region or the Delta, shall not be deemed to be immediately adjacent
thereto or capable of being conveniently supplied with water
therefrom by virtue or on account of the diversion and conveyance of
that water through facilities that may be constructed for that
purpose after January 1, 2010.
(c) Nothing in this division supersedes, limits, or otherwise
modifies the applicability of Chapter 10 (commencing with Section
1700) of Part 2 of Division 2, including petitions related to any new
conveyance constructed or operated in accordance with Chapter 2
(commencing with Section 85320) of Part 4 of Division 35.
(d) Unless otherwise expressly provided, nothing in this division
supersedes, reduces, or otherwise affects existing legal protections,
both procedural and substantive, relating to the state board's
regulation of diversion and use of water, including, but not limited
to, water right priorities, the protection provided to municipal
interests by Sections 106 and 106.5, and changes in water rights.
Nothing in this division expands or otherwise alters the board's
existing authority to regulate the diversion and use of water or the
courts' existing concurrent jurisdiction over California water
rights.

85032. This division does not affect any of the following:
(a) The Natural Community Conservation Planning Act (Chapter 10
(commencing with Section 2800) of Division 3 of the Fish and Game
Code).
(b) The California Endangered Species Act (Chapter 1.5 (commencing
with Section 2050) of Division 3 of the Fish and Game Code).
(c) The Fish and Game Code.
(d) The Porter-Cologne Water Quality Control Act (Division 7
(commencing with Section 13000).
(e) Chapter 8 (commencing with Section 12930) of Part 6 of
Division 6.
(f) The California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code).
(g) Section 1702.
(h) The application of the public trust doctrine.
(i) Any water right.
(j) The liability of the state for flood protection in the Delta
or its watershed.

85034. (a) (1) The council shall administer all contracts, grants,
easements, and agreements made or entered into by the California
Bay-Delta Authority under Division 26.4 (commencing with Section
79400), as that division read on December 31, 2009.
(2) The exercise of the authority described in paragraph (1) is
not subject to review or approval by the Department of General
Services.
(3) A contract, lease, license, or any other agreement to which
the California Bay-Delta Authority is a party is not void or voidable
as a result of the implementation of this subdivision, but shall
continue in full force and effect until the end of its term.
(b) The council shall be the successor to and shall assume from
the California Bay-Delta Authority all of the administrative rights,
abilities, obligations, and duties of that authority.
(c) The council shall have possession and control of all records,
papers, equipment, supplies, contracts, leases, agreements, and other
property, real or personal, connected with the administration of
Division 26.4 (commencing with Section 79400), as that division read
on December 31, 2009, or held for the benefit or use of the
California Bay-Delta Authority.
(d) The council shall assume from the California Bay-Delta
Authority all responsibility to manage, in accordance with Chapter 5
(commencing with Section 85280) of Part 3, the science program
element that was required to be undertaken by Division 26.4
(commencing with Section 79400).
(e) Consistent with the responsibilities and duties assumed by the
council pursuant to this section, all staff, resources, and funding
within the Natural Resources Agency and the Department of Forestry
and Fire Protection for the support of the CALFED Bay-Delta Program
are hereby transferred to, and may be expended for the purposes of,
the council. The executive officer of the council shall confer with
the Director of Fish and Game, the director of the department, and
the executive director of the board regarding possible reallocation
of the staff and resources. The status, position, and rights of any
officer or employee shall not be affected by this transfer and all
officers and employees shall be retained pursuant to the State Civil
Service Act (Part 2 (commencing with Section 18500) of Division 5 of
Title 2 of the Government Code).