CALIFORNIA STATUTES AND CODES
SECTIONS 85320-85322
WATER CODE
SECTION 85320-85322
85320. (a) The Bay Delta Conservation Plan (BDCP) shall be
considered for inclusion in the Delta Plan in accordance with this
chapter.
(b) The BDCP shall not be incorporated into the Delta Plan and the
public benefits associated with the BDCP shall not be eligible for
state funding, unless the BDCP does all of the following:
(1) Complies with Chapter 10 (commencing with Section 2800) of
Division 3 of the Fish and Game Code.
(2) Complies with Division 13 (commencing with Section 21000) of
the Public Resources Code, including a comprehensive review and
analysis of all of the following:
(A) A reasonable range of flow criteria, rates of diversion, and
other operational criteria required to satisfy the criteria for
approval of a natural community conservation plan as provided in
subdivision (a) of Section 2820 of the Fish and Game Code, and other
operational requirements and flows necessary for recovering the Delta
ecosystem and restoring fisheries under a reasonable range of
hydrologic conditions, which will identify the remaining water
available for export and other beneficial uses.
(B) A reasonable range of Delta conveyance alternatives, including
through-Delta, dual conveyance, and isolated conveyance alternatives
and including further capacity and design options of a lined canal,
an unlined canal, and pipelines.
(C) The potential effects of climate change, possible sea level
rise up to 55 inches, and possible changes in total precipitation and
runoff patterns on the conveyance alternatives and habitat
restoration activities considered in the environmental impact report.
(D) The potential effects on migratory fish and aquatic resources.
(E) The potential effects on Sacramento River and San Joaquin
River flood management.
(F) The resilience and recovery of Delta conveyance alternatives
in the event of catastrophic loss caused by earthquake or flood or
other natural disaster.
(G) The potential effects of each Delta conveyance alternative on
Delta water quality.
(c) The department shall consult with the council and the Delta
Independent Science Board during the development of the BDCP. The
council shall be a responsible agency in the development of the
environmental impact report. The Delta Independent Science Board
shall review the draft environmental impact report and submit its
comments to the council and the Department of Fish and Game.
(d) If the Department of Fish and Game approves the BDCP as a
natural community conservation plan pursuant to Chapter 10
(commencing with Section 2800) of Division 3 of the Fish and Game
Code, the council shall have at least one public hearing concerning
the incorporation of the BDCP into the Delta Plan.
(e) If the Department of Fish and Game approves the BDCP as a
natural community conservation plan pursuant to Chapter 10
(commencing with Section 2800) of Division 3 of the Fish and Game
Code and determines that the BDCP meets the requirements of this
section, and the BDCP has been approved as a habitat conservation
plan pursuant to the federal Endangered Species Act (16 U.S.C.
Section 1531 et seq.), the council shall incorporate the BDCP into
the Delta Plan. The Department of Fish and Game's determination that
the BDCP has met the requirements of this section may be appealed to
the council.
(f) The department, in coordination with the Department of Fish
and Game, or any successor agencies charged with BDCP implementation,
shall report to the council on the implementation of the BDCP at
least once a year, including the status of monitoring programs and
adaptive management.
(g) The council may make recommendations to BDCP implementing
agencies regarding the implementation of the BDCP. BDCP implementing
agencies shall consult with the council on these recommendations.
These recommendations shall not change the terms and conditions of
the permits issued by state and federal regulatory agencies.
85321. The BDCP shall include a transparent, real-time operational
decisionmaking process in which fishery agencies ensure that
applicable biological performance measures are achieved in a timely
manner with respect to water system operations.
85322. This chapter does not amend, or create any additional legal
obligation or cause of action under, Chapter 10 (commencing with
Section 2800) of Division 3 of the Fish and Game Code or Division 13
(commencing with Section 21000) of the Public Resources Code.
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