reglab/statecodes huggingface dataset:
2023 California Code › Water Code - WAT › DIVISION 31.7 - SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY › CHAPTER 3 - Government of Authority › ARTICLE 2 - Officers and Employees › Section 81643.

81643. (a) Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1 of the Government Code applies to all officers and employees of the authority, except that a director may vote on a contract between the authority and the public entity that appointed him or her to the authority’s board. Notwithstanding the membership on the board of the members appointed pursuant to subdivision (c) of Section 81629, a contract between the authority and the California Water Service Company or between the authority and Stanford University does not violate Section 1090 of the Government Code, nor is that contract void or voidable under Section 1092 of the Government Code.
(b) The authority is a “local government agency” for purposes of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code).
(Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31.7 - SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY › CHAPTER 4 - Powers and Functions of Authority › ARTICLE 1 - Powers › Section 81645.

81645. The authority may exercise the powers that are expressly granted by this division, together with other powers that are reasonably implied from those expressed powers, and powers necessary and proper to carry out this division.
(Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31.7 - SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY › CHAPTER 4 - Powers and Functions of Authority › ARTICLE 1 - Powers › Section 81646.

81646. (a) The authority may make contracts of any nature, including, but not limited to, contracts to employ labor, to indemnify and hold harmless, and to do all acts necessary or convenient for the full exercise of its powers.
(b) The authority may contract with any department or agency of the United States or the state, or with any public or private entity, or person.
(Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31.7 - SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY › CHAPTER 4 - Powers and Functions of Authority › ARTICLE 1 - Powers › Section 81647.

81647. The authority may take by grant, purchase, bequest, devise, or lease and may hold, enjoy, lease, sell, or otherwise dispose of real and personal property of any kind, within or outside the boundaries of the authority.
(Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31.7 - SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY › CHAPTER 4 - Powers and Functions of Authority › ARTICLE 1 - Powers › Section 81648.

81648. The authority may apply for and receive state and federal grants, loans, and other financial assistance.
(Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31.7 - SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY › CHAPTER 4 - Powers and Functions of Authority › ARTICLE 1 - Powers › Section 81649.

81649. Nothing in this division changes the governance, control, or ownership of the regional water system.
(Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31.7 - SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY › CHAPTER 4 - Powers and Functions of Authority › ARTICLE 2 - Financial Matters › Section 81650.

81650. The board shall adopt a budget for each fiscal year.
(Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31.7 - SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY › CHAPTER 4 - Powers and Functions of Authority › ARTICLE 2 - Financial Matters › Section 81651.

81651. The accounts of the authority shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants with experience in auditing the accounts of local public entities.
(Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31.7 - SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY › CHAPTER 4 - Powers and Functions of Authority › ARTICLE 2 - Financial Matters › Section 81652.

81652. The authority may borrow money, incur indebtedness, and issue notes and bonds as provided in this division, or as otherwise authorized by law.
(Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31.7 - SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY › CHAPTER 4 - Powers and Functions of Authority › ARTICLE 2 - Financial Matters › Section 81653.

81653. (a) The authority may issue revenue bonds upon the adoption of an ordinance by a two-thirds vote of all of the voting members of the board, after notice and public hearing. For the purposes of issuing bonds pursuant to this subdivision, the authority need not conduct an election or otherwise secure the approval of the voters within the boundaries of the authority.
(b) The authority shall publish a notice in a newspaper of general circulation at least 15 days before the date of the meeting at which the issuance of revenue bonds is to be considered and shall provide an opportunity for public comments during that meeting and before the directors vote on the issuance of those bonds.
(c) The authority may not issue any revenue bonds after December 31, 2030.
(Amended by Stats. 2019, Ch. 214, Sec. 3. (SB 699) Effective January 1, 2020.)
2023 California Code › Water Code - WAT › DIVISION 31.7 - SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY › CHAPTER 4 - Powers and Functions of Authority › ARTICLE 2 - Financial Matters › Section 81654.

81654. The authority may issue bonds for the purpose of refunding any revenue bonds of the authority, whether due or not due.
(Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31.7 - SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY › CHAPTER 4 - Powers and Functions of Authority › ARTICLE 2 - Financial Matters › Section 81655.

81655. The authority may issue negotiable promissory notes to acquire funds for any authority purpose. The notes shall have a term not to exceed five years. The total amount of notes issued pursuant to this section that may be outstanding at any one time may not exceed one million dollars ($1,000,000).
(Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31.7 - SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY › CHAPTER 4 - Powers and Functions of Authority › ARTICLE 2 - Financial Matters › Section 81656.

81656. Bonds and other evidences of indebtedness issued by the authority are legal investments for all trust funds and for funds of all insurers, commercial and savings banks, trust companies, and state schools. Funds that may be invested in bonds of cities, cities and counties, counties, school districts, or other local entities may also be invested in bonds and other evidences of indebtedness of the authority.
(Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31.7 - SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY › CHAPTER 4 - Powers and Functions of Authority › ARTICLE 3 - Controversies › Section 81660.

81660. The authority may sue and be sued in all actions and proceedings and in all courts and tribunals of competent jurisdiction.
(Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31.7 - SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY › CHAPTER 4 - Powers and Functions of Authority › ARTICLE 3 - Controversies › Section 81661.

81661. All claims for money or damages against the authority are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code.
(Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31.7 - SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY › CHAPTER 4 - Powers and Functions of Authority › ARTICLE 3 - Controversies › Section 81662.

81662. An action to determine the validity of any contract, bond, note, or other evidence of indebtedness may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.
(Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31.7 - SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY › CHAPTER 5 - Miscellaneous › Section 81670.

81670. Membership of any public entity in the authority does not affect the identity or legal existence, nor impair the powers, of that public entity.
(Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31.7 - SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY › CHAPTER 5 - Miscellaneous › Section 81671.

81671. San Francisco shall provide the authority with prompt access to any public records requested by the authority unless those records are exempt from disclosure pursuant to a provision listed in Section 7920.505 of the Government Code. San Francisco may not withhold public records from the authority pursuant to a balancing of the public interest in accordance with Section 7922.000 of the Government Code.
(Amended by Stats. 2021, Ch. 615, Sec. 432. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
2023 California Code › Water Code - WAT › DIVISION 31.7 - SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY › CHAPTER 5 - Miscellaneous › Section 81671.5.

81671.5. If the proceeds of bonds issued by the authority are made available for use on projects described in subdivision (a) of Section 81658, with the agreement and consent of San Francisco as required by subdivision (b) of Section 81658, San Francisco may not, for as long as those bonds are outstanding, sell, lease, or otherwise transfer title to, or control over, any facility used for the storage, transmission, or treatment of water to any private person or corporation.
(Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31.7 - SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY › CHAPTER 5 - Miscellaneous › Section 81671.6.

81671.6. This division does not modify the provisions of the master water sales contract.
(Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31.7 - SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY › CHAPTER 5 - Miscellaneous › Section 81671.7.

81671.7. The authority shall dissolve upon the repayment of all revenue bonds issued pursuant to this division and the satisfaction of all other debts and obligations of the authority.
(Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31.7 - SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY › CHAPTER 5 - Miscellaneous › Section 81672.

81672. This division shall be liberally construed to carry out its purposes.
(Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31.7 - SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY › CHAPTER 5 - Miscellaneous › Section 81673.

81673. San Francisco shall become a voting member of the authority if the surcharge is imposed on San Francisco’s retail water customers in accordance with subparagraph (B) of paragraph (6) of subdivision (b) of Section 81658.
(Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 31.7 - SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY › CHAPTER 5 - Miscellaneous › Section 81674.

81674. (a) San Francisco shall submit a report to the Joint Legislative Audit Committee on or before September 1 of each year describing the progress made on projects financed by the authority and on the implementation of the capital improvement program for the regional water system.
(b) With regard to the projects financed by the authority, San Francisco shall include in the report, to the degree feasible, all of the following information:
(1) The expenditure of the bond proceeds.
(2) The expenditure on each project relative to budget and schedule.
(3) A description of the physical portion of each project completed compared to schedule.
(4) Significant revisions to a budget or schedule, including the reason for the change and the plan or effort taken to complete the project in accordance with the original budget and schedule.
(5) A description of potential service impacts of schedule delays and measures planned or being taken to reduce the risks of long-term service interruptions.
(6) The plan for work remaining, including projected schedule and cost for each project completion relative to original budget and schedule.
(c) With regard to the implementation of the regional water system’s capital improvement program, San Francisco shall include in the report all of the following information:
(1) The status of current projects, without regard to the source of financing.
(2) Modifications to the capital improvement program relative to the capital improvement program adopted by the San Francisco Public Utilities Commission in May 2002, noting the significance of any change in schedule and project completion dates that decrease or increase the risk of long-term service interruptions to the customers of the regional water system.
(3) A description of measures planned or taken to reduce risk if a project is delayed.
(Added by Stats. 2002, Ch. 849, Sec. 1. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 33 - INTEGRATED WATER SUPPLY AND FLOOD PROTECTION PLANNING, DESIGN, AND IMPLEMENTATION › Section 83000.

83000. The Legislature hereby finds and declares all of the following:
(a) Water is vital to the economy, environment, and overall well-being of the state.
(b) California faces increasing challenges in managing its water supply due to climate change, uncertainty regarding the availability of water from the Sacramento-San Joaquin Delta and other sources, an increasing state population, limitations on public funds, and other factors.
(c) California must adopt a new, updated, and comprehensive set of water planning, design, and implementation policies that reflect these realities to protect its water supply future.
(d) In the past, state laws, funding schemes, and administrative actions have treated the planning, construction, and operation of water supply, groundwater, and flood control systems as separate and distinct activities, thereby reducing efficiency and water supply reliability.
(e) California has not taken full advantage of the cost savings, the environmental benefits, or the expediency of more efficient operations and usage of existing water supply, storage, and flood protection facilities.
(f) It is the policy of the state to more effectively integrate its flood protection systems with its water supply and conveyance systems in order to conserve limited public dollars, increase the available water supply, improve water quality, increase wildlife and ecosystem protections, protect public health and safety, and address the effects of climate change.
(g) The purpose of this division is to require the integration of flood protection and water systems to achieve multiple public benefits, including all of the following:
(1) Increasing water supply reliability in the least costly, most efficient, and most reliable manner to meet current and future state needs.
(2) Increasing use of water use efficiency and water conservation measures to increase and extend existing water supplies.
(3) Reducing energy consumption associated with water transport, thereby reducing state greenhouse gas emissions.
(4) Improving water management to protect and restore ecosystems and wildlife habitat.
(Added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 6. Effective March 1, 2009.)
2023 California Code › Water Code - WAT › DIVISION 33 - INTEGRATED WATER SUPPLY AND FLOOD PROTECTION PLANNING, DESIGN, AND IMPLEMENTATION › Section 83001.

83001. In order to provide the least costly, most efficient, and reliable water supply to a growing state, it is the intent of the Legislature that the department accomplish the following objectives:
(a) Integrate state flood protection and water supply systems.
(b) Promote conjunctive use of groundwater storage capacity to improve overall water supply and flood system operation.
(c) Promote increased water use efficiency through expanded use of water conservation, water recycling, and improvements in technology.
(Added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 6. Effective March 1, 2009.)
2023 California Code › Water Code - WAT › DIVISION 33 - INTEGRATED WATER SUPPLY AND FLOOD PROTECTION PLANNING, DESIGN, AND IMPLEMENTATION › Section 83002.6.

83002.6. Up to 5 percent of the funds appropriated by this division may be expended to pay the costs incurred in the administration of that program.
(Added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 6. Effective March 1, 2009.)
2023 California Code › Water Code - WAT › DIVISION 33 - INTEGRATED WATER SUPPLY AND FLOOD PROTECTION PLANNING, DESIGN, AND IMPLEMENTATION › Section 83002.7.

83002.7. Funds appropriated by this division shall only be available for encumbrance until June 30, 2010. On January 10, 2010, any program that is the recipient of an appropriation made by this division shall report to the fiscal committees of the Legislature on the details of all committed and anticipated expenditures of these funds. The report shall include all of the following information:
(a) Fiscal detail of state operations support and local assistance costs.
(b) A general description of the project and the project funding made available by an appropriation in the annual Budget Act for the 2008–09 fiscal year or proposed to be made available in the annual Budget Act for the 2009–10 fiscal year.
(c) A description of the manner in which funds have been expended and a plan for the future expenditure of funds.
(d) An anticipated timeframe for the full expenditure of the appropriation.
(e) An anticipated timeframe for the full completion of the designated project.
(f) The amount of total matching project funding that is being provided by an entity other than the state.
(Added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 6. Effective March 1, 2009.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Short Title and Legislative Findings › Section 85000.

85000. This division shall be known, and may be cited, as the Sacramento-San Joaquin Delta Reform Act of 2009.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Short Title and Legislative Findings › Section 85001.

85001. The Legislature finds and declares all of the following:
(a) The Sacramento-San Joaquin Delta watershed and California’s water infrastructure are in crisis and existing Delta policies are not sustainable. Resolving the crisis requires fundamental reorganization of the state’s management of Delta watershed resources.
(b) In response to the Delta crisis, the Legislature and the Governor required development of a new long-term strategic vision for managing the Delta. The Governor appointed a Blue Ribbon Task Force to recommend a new “Delta Vision Strategic Plan” to his cabinet committee, which, in turn, made recommendations for a Delta Vision to the Governor and the Legislature on January 3, 2009.
(c) By enacting this division, it is the intent of the Legislature to provide for the sustainable management of the Sacramento-San Joaquin Delta ecosystem, to provide for a more reliable water supply for the state, to protect and enhance the quality of water supply from the Delta, and to establish a governance structure that will direct efforts across state agencies to develop a legally enforceable Delta Plan.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Short Title and Legislative Findings › Section 85002.

85002. The Legislature finds and declares that the Sacramento-San Joaquin Delta, referred to as “the Delta” in this division, is a critically important natural resource for California and the nation. It serves Californians concurrently as both the hub of the California water system and the most valuable estuary and wetland ecosystem on the west coast of North and South America.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Short Title and Legislative Findings › Section 85003.

85003. The Legislature finds and declares all of the following:
(a) Originally, the Delta was a shallow wetland with water covering the area for many months of the year. Natural levees, created by deposits of sediment, allowed some islands to emerge during the dry summer months. Salinity would fluctuate, depending on the season and the amount of precipitation in any one year, and the species that comprised the Delta ecosystem had evolved and adapted to this unique, dynamic system.
(b) Delta property ownership developed pursuant to the federal Swamp Land Act of 1850, and state legislation enacted in 1861, and as a result of the construction of levees to keep previously seasonal wetlands dry throughout the year. That property ownership, and the exercise of associated rights, continue to depend on the landowners’ maintenance of those nonproject levees and do not include any right to state funding of levee maintenance or repair.
(c) In 1933, the Legislature approved the California Central Valley Project Act, which relied upon the transfer of Sacramento River water south through the Delta and maintenance of a more constant salinity regime by using upstream reservoir releases of freshwater to create a hydraulic salinity barrier. As a result of the operations of state and federal water projects, the natural salinity variations in the Delta have been altered. Restoring a healthy estuarine ecosystem in the Delta may require developing a more natural salinity regime in parts of the Delta.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Short Title and Legislative Findings › Section 85004.

85004. The Legislature finds and declares all of the following:
(a) The economies of major regions of the state depend on the ability to use water within the Delta watershed or to import water from the Delta watershed. More than two-thirds of the residents of the state and more than two million acres of highly productive farmland receive water exported from the Delta watershed.
(b) Providing a more reliable water supply for the state involves implementation of water use efficiency and conservation projects, wastewater reclamation projects, desalination, and new and improved infrastructure, including water storage and Delta conveyance facilities.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Delta Policy › Section 85020.

85020. The policy of the State of California is to achieve the following objectives that the Legislature declares are inherent in the coequal goals for management of the Delta:
(a) Manage the Delta’s water and environmental resources and the water resources of the state over the long term.
(b) Protect and enhance the unique cultural, recreational, and agricultural values of the California Delta as an evolving place.
(c) Restore the Delta ecosystem, including its fisheries and wildlife, as the heart of a healthy estuary and wetland ecosystem.
(d) Promote statewide water conservation, water use efficiency, and sustainable water use.
(e) Improve water quality to protect human health and the environment consistent with achieving water quality objectives in the Delta.
(f) Improve the water conveyance system and expand statewide water storage.
(g) Reduce risks to people, property, and state interests in the Delta by effective emergency preparedness, appropriate land uses, and investments in flood protection.
(h) Establish a new governance structure with the authority, responsibility, accountability, scientific support, and adequate and secure funding to achieve these objectives.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Delta Policy › Section 85021.

85021. The policy of the State of California is to reduce reliance on the Delta in meeting California’s future water supply needs through a statewide strategy of investing in improved regional supplies, conservation, and water use efficiency. Each region that depends on water from the Delta watershed shall improve its regional self-reliance for water through investment in water use efficiency, water recycling, advanced water technologies, local and regional water supply projects, and improved regional coordination of local and regional water supply efforts.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Delta Policy › Section 85022.

85022. (a) It is the intent of the Legislature that state and local land use actions identified as “covered actions” pursuant to Section 85057.5 be consistent with the Delta Plan. This section’s findings, policies, and goals apply to Delta land use planning and development.
(b) The actions of the council shall be guided by the findings, policies, and goals expressed in this section when reviewing decisions of the commission pursuant to Division 19.5 (commencing with Section 29700) of the Public Resources Code.
(c) The Legislature finds and declares all of the following:
(1) The Delta is a distinct and valuable natural resource of vital and enduring interest to all the people and exists as a delicately balanced estuary and wetland ecosystem of hemispheric importance.
(2) The permanent protection of the Delta’s natural and scenic resources is the paramount concern to present and future residents of the state and nation.
(3) To promote the public safety, health, and welfare, and to protect public and private property, wildlife, fisheries, and the natural environment, it is necessary to protect and enhance the ecosystem of the Delta and prevent its further deterioration and destruction.
(4) Existing developed uses, and future developments that are carefully planned and developed consistent with the policies of this division, are essential to the economic and social well-being of the people of this state and especially to persons living and working in the Delta.
(d) The fundamental goals for managing land use in the Delta are to do all of the following:
(1) Protect, maintain, enhance, and, where feasible, restore the overall quality of the Delta environment and its natural and artificial resources.
(2) Ensure the utilization and conservation of Delta resources, taking into account the social and economic needs of the people of the state.
(3) Maximize public access to Delta resources and maximize public recreational opportunities in the Delta consistent with sound resources conservation principles and constitutionally protected rights of private property owners.
(4) Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the Delta.
(5) Develop new or improved aquatic and terrestrial habitat and protect existing habitats to advance the goal of restoring and enhancing the Delta ecosystem.
(6) Improve water quality to protect human health and the environment consistent with achieving water quality objectives in the Delta.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Delta Policy › Section 85023.

85023. The longstanding constitutional principle of reasonable use and the public trust doctrine shall be the foundation of state water management policy and are particularly important and applicable to the Delta.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Miscellaneous Provisions › Section 85031.

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.
(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.
(Amended by Stats. 2011, Ch. 296, Sec. 315. (AB 1023) Effective January 1, 2012.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Miscellaneous Provisions › Section 85032.

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.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Miscellaneous Provisions › Section 85034.

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), as that division read on December 31, 2009.
(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).
(Amended by Stats. 2011, Ch. 296, Sec. 316. (AB 1023) Effective January 1, 2012.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Definitions › Section 85050.

85050. Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of this division.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Definitions › Section 85051.

85051. “Acquisition” means the acquisition of a fee interest or any other interest, including easements, leases, and development rights.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Definitions › Section 85052.

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.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Definitions › Section 85053.

85053. “Bay Delta Conservation Plan” or “BDCP” means a multispecies conservation plan.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Definitions › Section 85054.

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.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Definitions › Section 85055.

85055. “Commission” means the Delta Protection Commission established in Division 19.5 (commencing with Section 29700) of the Public Resources Code.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Definitions › Section 85056.

85056. “Conservancy” means the Sacramento-San Joaquin Delta Conservancy established in Section 32320 of the Public Resources Code.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Definitions › Section 85057.

85057. “Council” means the Delta Stewardship Council established in Section 85200.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Definitions › Section 85058.

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.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Definitions › Section 85059.

85059. “Delta Plan” means the comprehensive, long-term management plan for the Delta as adopted by the council in accordance with this division.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Definitions › Section 85060.

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.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Definitions › Section 85064.

85064. “Public water agency” means a public entity, as defined in Section 514, that provides water service, as defined in Section 515.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Definitions › Section 85066.

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.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Definitions › Section 85067.

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.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 2 - EARLY ACTIONS › Section 85080.

85080. The council shall appoint a Delta Independent Science Board in accordance with Section 85280.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 2 - EARLY ACTIONS › Section 85082.

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.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 2 - EARLY ACTIONS › Section 85084.

85084. The council shall develop an interim plan that includes recommendations for early actions, projects, and programs.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 2 - EARLY ACTIONS › Section 85084.5.

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.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 2 - EARLY ACTIONS › Section 85085.

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.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Water Code - WAT › DIVISION 35 - SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 › PART 2 - EARLY ACTIONS › Section 85086.

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.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.)