SECTIONS 85050-85067 - California Statutes

WATER CODE

SECTION 85050-85067

85050. Unless the context otherwise requires, the definitions set
forth in this chapter govern the construction of this division.

85051. "Acquisition" means the acquisition of a fee interest or any
other interest, including easements, leases, and development rights.

85052. "Adaptive management" means a framework and flexible
decisionmaking process for ongoing knowledge acquisition, monitoring,
and evaluation leading to continuous improvement in management
planning and implementation of a project to achieve specified
objectives.

85053. "Bay Delta Conservation Plan" or "BDCP" means a multispecies
conservation plan.

85054. "Coequal goals" means the two 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.

85055. "Commission" means the Delta Protection Commission
established in Division 19.5 (commencing with Section 29700) of the
Public Resources Code.

85056. "Conservancy" means the Sacramento-San Joaquin Delta
Conservancy established in Section 32320 of the Public Resources
Code.

85057. "Council" means the Delta Stewardship Council established in
Section 85200.

85057.5. (a) "Covered action" means a plan, program, or project as
defined pursuant to Section 21065 of the Public Resources Code that
meets all of the following conditions:
(1) Will occur, in whole or in part, within the boundaries of the
Delta or Suisun Marsh.
(2) Will be carried out, approved, or funded by the state or a
local public agency.
(3) Is covered by one or more provisions of the Delta Plan.
(4) Will have a significant impact on achievement of one or both
of the coequal goals or the implementation of government-sponsored
flood control programs to reduce risks to people, property, and state
interests in the Delta.
(b) "Covered action" does not include any of the following:
(1) A regulatory action of a state agency.
(2) Routine maintenance and operation of the State Water Project
or the federal Central Valley Project.
(3) Regional transportation plans prepared pursuant to Section
65080 of the Government Code.
(4) Any plan, program, project, or activity within the secondary
zone of the Delta that the applicable metropolitan planning
organization under Section 65080 of the Government Code has
determined is consistent with either a sustainable communities
strategy or an alternative planning strategy that the State Air
Resources Board has determined would, if implemented, achieve the
greenhouse gas emission reduction targets established by that board
pursuant to subparagraph (A) of paragraph (2) of subdivision (b) of
Section 65080 of the Government Code. For purposes of this paragraph,
"consistent with" means consistent with the use designation,
density, building intensity, transportation plan, and applicable
policies specified for the area in the sustainable communities
strategy or the alternative planning strategy, as applicable, and any
infrastructure necessary to support the plan, program, project, or
activity.
(5) Routine maintenance and operation of any facility located, in
whole or in part, in the Delta, that is owned or operated by a local
public agency.
(6) Any plan, program, project, or activity that occurs, in whole
or in part, in the Delta, if both of the following conditions are
met:
(A) The plan, program, project, or activity is undertaken by a
local public agency that is located, in whole or in part, in the
Delta.
(B) Either a notice of determination is filed, pursuant to Section
21152 of the Public Resources Code, for the plan, program, project,
or activity by, or the plan, program, project, or activity is fully
permitted by, September 30, 2009.
(7) (A) Any project within the secondary zone, as defined pursuant
to Section 29731 of Public Resources Code as of January 1, 2009, for
which a notice of approval or determination pursuant to Section
21152 of the Public Resources Code has been filed before the date on
which the Delta Plan becomes effective.
(B) Any project for which a notice of approval or determination is
filed on or after the date on which the final Bay Delta Conservation
Plan becomes effective, and before the date on which the Delta Plan
becomes effective, is not a covered action but shall be consistent
with the Bay Delta Conservation Plan.
(C) Subparagraphs (A) and (B) do not apply to either of the
following:
(i) Any project that is within a Restoration Opportunity Area as
shown in Figure 3.1 of Chapter 3: Draft Conservation Strategy of the
Bay Delta Conservation Plan, August 3, 2009, or as shown in a final
Bay Delta Conservation Plan.
(ii) Any project that is within the alignment of a conveyance
facility as shown in Figures 1 to 5, inclusive, of the Final Draft
Initial Assessment of Dual Delta Water Conveyance Report, April 23,
2008, and in future revisions of this document by the department.
(c) Nothing in the application of this section shall be
interpreted to authorize the abrogation of any vested right whether
created by statute or by common law.

85058. "Delta" means the Sacramento-San Joaquin Delta as defined in
Section 12220 and the Suisun Marsh, as defined in Section 29101 of
the Public Resources Code.

85059. "Delta Plan" means the comprehensive, long-term management
plan for the Delta as adopted by the council in accordance with this
division.

85060. "Delta watershed" means the Sacramento River Hydrologic
Region and the San Joaquin River Hydrologic Region as described in
the department's Bulletin No. 160-05.

85064. "Public water agency" means a public entity, as defined in
Section 514, that provides water service, as defined in Section 515.

85066. "Restoration" means the application of ecological principles
to restore a degraded or fragmented ecosystem and return it to a
condition in which its biological and structural components achieve a
close approximation of its natural potential, taking into
consideration the physical changes that have occurred in the past and
the future impact of climate change and sea level rise.

85067. "Strategic Plan" means both the "Delta Vision Strategic Plan"
issued by the Delta Vision Blue Ribbon Task Force on October 17,
2008, and the "Delta Vision Implementation Report" adopted by the
Delta Vision Committee and dated December 31, 2008.