SECTIONS 85080-85089 - California Statutes

WATER CODE

SECTION 85080-85089

85080. The council shall appoint a Delta Independent Science Board
in accordance with Section 85280.

85082. 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.

85084. The council shall develop an interim plan that includes
recommendations for early actions, projects, and programs.

85084.5. 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.

85085. The department shall do all of the following:
(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) Evaluate the effectiveness of the Three Mile Slough Barrier
project.
(c) Expeditiously move ahead with other near term actions as
identified in the Strategic Plan.
(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.

85086. (a) The board shall establish an effective system of Delta
watershed diversion data collection and public reporting by December
31, 2010.
(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) (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) 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) 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) 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) 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.

85087. 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.

85088. 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.

85089. 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) 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) 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.